A/HRC/31/71
rights defenders as vital partners in this process. Strengthened cooperation and closer
engagement with the United Nations and international human rights mechanisms will
also be important and would be greatly facilitated by an OHCHR office in Myanmar.
The Special Rapporteur hopes she will have the opportunity to work closely and
constructively with the new Government and all other stakeholders in Myanmar to
improve the situation of human rights in the country.
V. Recommendations
78.
The Special Rapporteur recognizes the legacy of reform left by President Thein
Sein, in particular his progressive release of political prisoners though a succession of
amnesties. She urges him to use his remaining weeks in office to release immediately
and unconditionally all political prisoners, including peaceful protestors charged or
convicted under the Peaceful Assembly and Peaceful Procession Law and the Penal
Code, and those charged or convicted under outdated defamation, trespassing and
national security laws.
79.
In its first 100 days in office, the Special Rapporteur urges the new
Government:
(a)
To cease immediately the arbitrary arrest and prosecution of those
exercising their rights to freedom of assembly, association and expression, and to
release any remaining political prisoners;
(b)
To condemn publicly all acts of incitement to discrimination, hostility
and violence against minorities, while upholding freedom of expression;
(c)
To lift the curfew and restrictions on freedom of movement in Rakhine
State;
(d)
To ensure access to adequate health, education and other basic services
for all displaced persons, particularly in Rakhine State, without discrimination;
(e)
To make every effort to reach an early agreement with the United
Nations High Commissioner for Human Rights on the establishment of a country
office in Myanmar with a full mandate.
80.
With regard to the peace process and conflict-related violations, the Special
Rapporteur recommends that all relevant actors:
(a)
Ensure greater participation of women in the peace process, including in
delegations, particularly in leadership roles, with a minimum quota of 30 per cent and
the integration of women’s issues and a gender perspective into political dialogue;
(b)
Cease immediately the use of landmines and issue clear directives to
adhere to international humanitarian and human rights law, and ensure the
protection of civilians;
(c)
Ensure that the United Nations and its partners have regular,
independent and predictable access to all those in need of humanitarian assistance,
wherever they are located.
81.
The Special Rapporteur recommends that concrete steps be taken before
March 2017 to implement the recommendations below.
82.
With regard to the rule of law, the Special Rapporteur recommends that the
Government and Parliament of Myanmar:
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