A/HRC/31/71
(a)
Undertake a comprehensive review of legislation and legal provisions
that limit fundamental freedoms and contravene international standards, with clear
target dates for the conclusion of the review; legislation requiring urgent review
should be identified, including those previously identified by the Special Rapporteur
and the previous mandate holders (see annex);
(b)
Establish a process of legislative reform with clear timelines for
consultations on and the drafting and review of amendments to existing legislation or
new draft bills. The timeline should allow for the full consideration of the proposed
laws. An appropriate consultation process should be established and applied
consistently to ensure transparency and adequate engagement by civil society
organizations and members of the public. A vetting mechanism should also be
established to ensure that all draft legislation complies with international human
rights standards;
(c)
Continue to accord priority attention to judicial reform and the
capacity-building and training of judges and lawyers to strengthen the independence
and effectiveness of the judiciary;
(d)
Initiate a process of consultation with all stakeholders on the review and
amendment of the Constitution, to bring it into line with international standards.
83.
With regard to democratic space, the Special Rapporteur recommends that the
Government and Parliament of Myanmar:
(a)
Amend or repeal section 18 of the Peaceful Assembly and Peaceful
Procession Law and section 505 (b) of the Penal Code, drop all charges currently
being brought against individuals under these provisions; and ensure that multiple
charges are not brought against individuals for the same offence;
(b)
Establish systems to prevent the surveillance and monitoring of civil
society and human rights defenders; and investigate and redress systematically any
threats, acts of intimidation or harassment against media and civil society actors;
(c)
Provide adequate compensation and support, including psychological
support and employment training, for released political prisoners;
(d)
Initiate reform to the penal system to ensure compliance with
international standards, particularly in relation to the minimum standards of
accommodation and access to health facilities.
84.
With regard to incitement to discrimination, the Special Rapporteur
recommends that the Government and Parliament of Myanmar:
(a)
Implement a comprehensive set of measures to combat and prevent acts
of incitement to discrimination, hostility and violence against minorities, while
upholding internationally recognized human rights standards;
(b)
Ensure respect for the rights of minorities, including through education
and awareness-raising measures addressing the root causes of discrimination, and
promote interfaith and intercommunal dialogue, as well as confidence-building;
(c)
Review and amend the Citizenship Law (1982) to bring it into line with
international standards; and, in particular, remove any provisions that provide for
the granting of citizenship on the basis of ethnicity or race;
(d)
Resolve the legal status of habitual residents of Myanmar, including
former holders of the temporary registration card, and ensure that they have equal
access to citizenship through a non-discriminatory process.
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