A/HRC/22/58
VI. Truth, justice and accountability
78.
The Special Rapporteur continues to highlight that addressing grievances from
decades of human rights violations and acknowledging victims’ suffering will prevent
future violations and will further democratic transition and national reconciliation.
Measures to ensure justice and accountability, and access to truth, must therefore remain
part of Myanmar’s reform agenda. While there are many ways to ensure that justice is
dispensed, accountability established and impunity averted, the primary responsibility rests
with the Government of Myanmar.
79.
During his latest visit, the Special Rapporteur continued to discuss with different
stakeholders, including members of Parliament, the idea of addressing truth, justice and
accountability through the creation of a truth commission at the parliamentary level.
80.
There are no defined models and every truth commission is unique, responding to
national needs and set in the cultural context. Truth commissions are not substitutes for
more formal judicial accountability for the most serious violations and should not be
afforded powers of amnesty incompatible with international law.
81.
The Special Rapporteur acknowledges that this idea will take time to take hold and
will be up to the people of Myanmar to develop. As a first step, there should be broad
consultation with all relevant stakeholders in Myanmar, including victims of violations, in
order to get their advice and views on the feasibility and desirability of a truth commission,
and subsequently on how it could be shaped. Parliament, as the only multi-party and multiethnic public institution, can be an appropriate body to engage on this difficult but
necessary task. The MNHRC should also assume a role in taking this proposal forward.
VII. Conclusions
82.
Continuing reforms in Myanmar are resulting in ongoing improvements to the
human rights situation. Important changes have taken place, such as legislative
reform, but sometimes not to the point where international human rights standards
are met.
83.
There remains a large gap between reform at the top and implementation on
the ground. While acknowledging that it will take time to close this gap, this should
not be used as an excuse to avoid taking necessary steps, such as the capacity
development of police, army, judges and lawyers.
84.
While the process of reform is continuing in the right direction, there are
significant human rights shortcomings that remain unaddressed, such as
discrimination against the Rohingya in Rakhine State and the ongoing human rights
violations in relation to the conflict in Kachin State. The Special Rapporteur believes
that now is the time to address these shortcomings before they become further
entrenched and destabilize the reform process.
85.
The Special Rapporteur believes the continuing existence of his mandate is vital
to highlight these concerns and support the Government in addressing them. It helps
to remind the international community of the importance of prioritizing human rights
in its bilateral relations with Myanmar. And ultimately, it provides a positive
contribution to improving the situation of human rights for the people in Myanmar.
17
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