A/HRC/31/71
Rakhine and southern Chin States between the Arakan Army and the Myanmar army,
displacing hundreds of people.
56.
The Special Rapporteur emphasizes that the rights of internally displaced persons
and those affected by conflict must be addressed as a priority. The United Nations and its
partners should have regular, independent and predictable access to all those needing
humanitarian assistance. The Government and all parties to the conflict should grant
immediate access to all sites hosting internally displaced persons. She welcomes the
commitment to the voluntary return of displaced persons in the national ceasefire
agreement and the commencement of small, local projects to provide durable solutions to
displaced persons in Kachin State. The presence of an estimated 230,000 internally
displaced persons in a situation of protracted displacement in the south-east of Myanmar
and thousands more in Shan and Kachin States make such programmes vitally important.
Any returns must be in compliance with the Guiding Principles on Internal Displacement
and the Framework on Durable Solutions for Internally Displaced Persons. Steps must be
taken to ensure that the informal or private education of internally displaced children is
recognized, and that they have access to public education when they return. Returning
individuals should also be assisted in reacquiring legal documents, which are the gateway
to other services.
57.
Landmines and unexploded ordnance are a major factor preventing the return of
internally displaced persons, with casualties from landmines estimated at 3,700 in the past
15 years, but likely to be far higher.9 The Special Rapporteur was particularly concerned at
reports of the continuing use of landmines, resulting in casualties and injuries. She calls
upon all parties to the conflict to cease immediately the use of landmines. The Special
Rapporteur was informed that Myanmar continued to study the Convention on the
Prohibition of the Use, Stockpiling, Production and Transfer of Anti-personnel Mines and
on Their Destruction, and calls again for its prompt signature. The mapping and clearance
of landmines and unexploded ordnance should be prioritized, and receive assistance from
the international community.
58.
The Special Rapporteur welcomes the inclusion of the principles of equality and
non-discrimination, justice and the right to self-determination in the national ceasefire
agreement. Numerous human rights concerns are also addressed in general terms. Having
been informed in August 2015 that the dialogue following the agreement would address
these issues in more detail, she followed the progress of the first Union Peace Conference
(held from 12 to 16 January 2016) closely. She welcomes the inclusion of land and natural
resource concerns in discussions, and stresses that these complex issues – as well as broader
entrenched inequalities – should be addressed in future talks. She notes that only a limited
number of representatives of civil society organizations were able to attend the conference,
leading some to feel excluded from the process. The Myanmar Peace Center informed the
Special Rapporteur that national dialogues will be organized throughout the country before
the next Union Peace Conference, and that civil society will have the opportunity to “play
the most important role.” Shared ownership and confidence are needed to ensure buy-in
from all stakeholders and affected communities. She urges full consultation with local
communities and civil society organizations in future.
59.
The Special Rapporteur welcomes the commitment to achieve at least a 30 per cent
participation by women at different levels of the political dialogue in the four-point
proposals approved at the conference. This is the first step in ensuring the greater inclusion
of women in the peace process. Women should, in accordance with Security Council
9
Landmine and Cluster Munition Monitor, Landmine Monitor 2015, November 2015 The organization
Mine Free Myanmar estimates 40,000 casualties.
13
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