A/HRC/31/71
85.
With regard to Rakhine State, the Special Rapporteur recommends that the
Government and Parliament of Myanmar:
(a)
Review and revise all local orders, instructions and other policies and
practices that are discriminatory in law and in practice;
(b)
Address long-standing challenges to social and economic development
through a human rights-based approach, while ensuring the participation of the
communities affected, and fostering reconciliation and greater integration between
communities.
86.
In the field of gender equality and ensuring respect for women’s rights, the
Special Rapporteur recommends that the Government and Parliament of Myanmar:
(a)
Enact a law on the prevention of violence against women that is
compliant with international law, and take more effective measures to prevent and
respond to all forms of sexual and gender-based violence, including in conflict;
(b)
Develop a programme of comprehensive support for victims and
survivors, including access to justice, and take the necessary steps to ensure that
perpetrators are prosecuted and convicted;
(c)
Create a system for the collection of disaggregated data on all forms of
gender-based violence in order to measure the scope and scale of the problem;
(d)
Ensure that members of the military who perpetrate serious crimes,
including murder and rape, against civilians are prosecuted, and that such cases are
transferred to civilian courts.
87.
With regard to conflict-related human rights concerns, the Special Rapporteur
recommends that the Government of Myanmar:
(a)
Ensure prompt, independent and impartial investigations into
allegations of violations committed in conflict areas, and the prosecution and
punishment of all perpetrators;
(b)
Ensure that complainants are not penalized or threatened with legal
action for bringing complaints and seeking redress against violations committed by
the military;
(c)
End all child recruitment in the armed forces through strengthened
recruitment procedures, age verification mechanisms and independent monitoring
and oversight of all armed forces; release all children currently in the armed forces
and in armed groups; and expedite the ratification of the Optional Protocol to the
Convention on the Rights of the Child on children and armed conflict;
(d)
Ensure the full participation of local and affected communities, civil
society organizations and women in the peace process, including at the State level and
in implementation and monitoring mechanisms;
(e)
Ratify the Convention on the Prohibition of the Use, Stockpiling,
Production and Transfer of Anti-personnel Mines and on Their Destruction;
prioritize the clearance of landmines and unexploded ordnance; and undertake
comprehensive mine survey, marking and fencing activities.
88.
In the field of economic, social and cultural rights, the Special Rapporteur
recommends that the Government of Myanmar:
(a)
Ensure that environmental impact assessment procedures are
consistently implemented and enforced, and include genuine consultations with the
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