A/HRC/22/58
international law, which requires States not to return anyone to a place where their life or
freedom would be at risk. Furthermore, Governments should ensure that the rights of
Rohingyas, including access to health care, are respected and that the Office of the United
Nations High Commissioner for Refugees is provided with unhindered access to determine
whether they are seeking asylum and whether they qualify for refugee status. States should
not push Rohingyas back out to sea or across land borders or arrest them. Immediate steps
should also be taken by States to address allegations of trafficking and corruption. He
reiterates that, in view of the regional dimensions, the Association of Southeast Asian
Nations should play a more proactive role in helping to identify solutions.
V. Democratic transition and establishing the rule of law
61.
Parliament opened its sixth regular session on 9 January 2013, and was scheduled to
approve the budget for the 2013–2014 fiscal year. The fifth regular session of the
Parliament was held from 18 October to 22 November 2012, during which a new foreign
investment law was adopted. Parliamentary debates took place, inter alia, on the
Government’s response to the renewed violence in Rakhine State and the provision of
humanitarian assistance to IDPs in Kachin State. On 7 November, Speaker of the Upper
House, Khin Aung Myint, announced that Parliament would not consider a proposal to
amend the 1982 Citizenship Law as several MPs had objected. Parliament set up
independent commissions to look into the social and environmental impact of the Monywa
copper mine in Sagaing Division, and to investigate land confiscations. On 15 November,
the Auditor General presented his report to Parliament, which contained findings
concerning the misuse of funds (including, in some instances, embezzlement) by 15
Government ministries during the 2011/2012 fiscal year. Parliament began drafting an
Anti-Corruption Law, with support from UNODC and the United Nations Development
Programme, and on 20 December 2012 ratified the United Nations Convention against
Corruption, which entered into force on 19 January 2013.
62.
On 26 December 2012, the President announced the third step of the country’s
reform process since March 2011: administrative reform, focussing on transparency,
efficiency, good governance and tackling corruption. This follows what the Government
has described as the first step (political reform and national reconciliation) and the second
step (economic reform) of the reform process. On 22 January, the President signed into law
the Constitutional Tribunal Amendment Bill, which allows Parliament to challenge the
Tribunal’s decisions and requires the President to consult with the two Speakers of
Parliament before appointing the Tribunal’s Chair.
63.
The Special Rapporteur sees no evidence that the judiciary is developing any
independence from the executive branch of Government. While acknowledging that this
will take time, he reiterates that an independent judiciary lies at the very heart of a system
of government that respects the rule of law. He urges the Government to pay more attention
to this aspect in Myanmar’s reform process, on which he has made previous
recommendations (see A/66/365, A/67/383, A/HRC/19/67).
64.
The Special Rapporteur reiterates the importance of the Government taking
measures to improve the capacity of judges, including with regard to the incorporation of
international human rights standards into judgements. He notes that courses are currently
being run for the country’s more than 1,000 judges by the Attorney General’s Office and
the Supreme Court, and recommends that modules on human rights and the United Nation’s
Basic Principles on the Independence of the Judiciary be fully incorporated into these
trainings.
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