A/HRC/17/2
in the context of international cooperation and, in this spirit, Myanmar had participated in
the universal periodic review process. Recommendations that were consistent with the
principles of the Charter enjoyed Myanmar’s support. Accession to or ratification of
international treaties had been first considered by the Executive, which was currently
examining a number of treaties. They were subsequently submitted to the legislature which,
in the case of Myanmar, was composed of the Pyithu and Amyotha Hluttaws, and which
had the last word in the ratification of international treaties. This practice was consistent
with the constitutional process.
424. Of the 190 recommendations made during the session of the Working Group, 74
enjoyed the support of Myanmar, while consideration of 46 recommendations, included in
paragraph 106 of the report, had been postponed to the seventeenth session of the Human
Rights Council. Seventy recommendations did not enjoy Myanmar’s support.
425. Myanmar underlined the fact that recommendations of a non-constructive,
politicized and confrontational character did not enjoy its support, even those which could
have been supported in substance, but were couched in such a manner that their acceptance
would have infringed on Myanmar’s sovereign rights.
426. With regard to the above-mentioned 46 recommendations (see also
A/HRC/17/9/Add.1), Myanmar supported recommendation 106.21, on amending domestic
laws to be in line with fundamental human rights, 106.32, on continuing efforts to
cooperate with the Special Rapporteur on the situation of human rights in Myanmar,
106.34, on increasing cooperation with OHCHR and special procedures, and 106.40, on
cooperating fully with ILO to end forced labour and child labour.
427. Myanmar stated that the implementation of recommendations 106.1, 106.2, 106.4,
106.5, 106.6, 106.8, 106.12, 106.14, 106.15, 106.17, 106.18 and 106.19, concerning
accession, ratification and implementation of human rights core treaties, should be
evaluated in the light of the adoption process involving executive and legislative powers.
Recommendations 106.23 to 106.30, on the establishment of a national human rights
institution in line with the Paris Principles, were under serious consideration. The national
human rights body had been reformed following the entry into force of the new
Constitution. This was a prelude to the establishment of a commission, which would be in
line with the Paris Principles.
428. Recommendations 106.9, on making plans to sign and ratify core human rights
treaties, 106.13, on ratifying remaining core human rights treaties, such as the International
Covenant on Civil and Political Rights and the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment, 106.33 on cooperation with the Special Rapporteur on
the situation of human rights in Myanmar, 106.41, on ending the recruitment of child
soldiers and considering ratification of the Optional Protocol to the Convention on the
Rights of the Child on the involvement of children in armed conflicts, and 106.43, on
cooperating with the United Nations to end recruitment of child soldiers, enjoyed
Myanmar’s support. The remaining recommendations contained in paragraph 106 did not
enjoy Myanmar’s support.
429. Myanmar stated that the fundamental rights of citizens were enshrined in chapter
VIII of the Constitution of Myanmar. The Supreme Court of the Union ensured the
application of writs as legal remedies for the breach of human rights. The Constitution also
guaranteed various rights to ensure peace, harmony and tranquillity with law and order.
430. A new civilian Government had performed its functions since 1 April 2011 and it is
still in its infancy. The President of Myanmar stated, in his inaugural address, that the
domestic laws of Myanmar would be reviewed to check that they were in line with the
Constitution, and that new bills would be submitted to safeguard citizens’ fundamental
rights in line with the Constitution. Thus, relevant executive ministries were in the process
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