A/HRC/22/58
65.
The Special Rapporteur encourages the Supreme Court to utilize its constitutional
powers to help infuse a culture of respect for human rights within the courts system and
State institutions in general. One such means is through the greater utilization of the
constitutionally granted powers to issue writs of habeas corpus.
66.
In terms of improving people’s access to justice, the Special Rapporteur notes
Myanmar’s constitutional provisions which guarantee the right of every citizen to equality,
liberty and justice (article 21 (a)). However, he is still aware that the courts are not an
accessible or viable means for people to seek justice. He therefore recommends more
proactive measures to improve people’s understanding of their legal rights and improve
access to the courts and other relevant institutions as a means of redress, including through
the setting up of a system of legal aid and the establishment of citizens’ advice offices.
Furthermore, staff support to these offices can be supplemented through schemes which
enable university students to train as advisers to gain credits toward their degree.
67.
The Special Rapporteur was encouraged by Supreme Court decisions in 2012 which
reinstated 11 of the 32 lawyers he had cited in his previous report as being disbarred for
political reasons, and continues to follow progress on the remaining cases. However, he
remains concerned about information he has received of the ongoing intimidation of
lawyers by State officials, including lawyers in Rakhine State seeking to provide legal
counsel to Muslim defendants, as well as the arbitrary revocation of licenses (with some
sources stating that 200 lawyers remain disbarred for political reasons). He reiterates his
recommendation regarding the establishment of a strong and independent bar council,
which will help to increase the protection of lawyers and improve the training and
education of lawyers in the application of international human rights law at the domestic
level. He will follow with interest progress in amending the Bar Council Act and Legal
Practitioners Act.
68.
The Special Rapporteur urges the Attorney General's Office to ensure that State
prosecutors play a role in protecting the rights of suspects by acting as a check on the
practices of the police in their interrogation of suspects and collection of evidence.
69.
The Special Rapporteur notes the important and evolving role of Myanmar’s
Parliamentary Committees. The Bills Committees of the Upper and Lower Houses are
constitutionally mandated to vet draft legislation and report their findings to the joint
session of Parliament. Both Houses also have committees that deal with the fundamental
rights outlined in chapter VIII of the Constitution. He encourages one of these committees
to establish itself as the focal committee for ensuring that all new legislation is vetted to
ensure it is line with Myanmar’s international human rights obligations.
70.
Following his meeting with the Attorney General, the Special Rapporteur was
encouraged to learn that relevant Ministries, the Attorney General’s Office and Parliament
were considering reforms to a number of laws he had previously highlighted as not being in
line with international human rights standards (see A/67/383). He reiterates his
recommendation that target dates be set for the conclusion of the review, and urges proper
attention to ensuring the amendments successfully bring the laws into line with
international human rights standards.
71.
Regarding legislative reform in general, the Special Rapporteur reiterates the
importance of a structured and coordinated process, in which new legislation is made public
and widely disseminated to allow for meaningful consultation with relevant stakeholders,
including civil society. Furthermore, sufficient time should be given to Parliament to
properly consider the draft legislation.
72.
During his meeting with the members of the MNHRC on 13 February 2013, the
Special Rapporteur heard about the seven field investigatory trips undertaken by the
Commission and the 2,868 complaints it had received over the past year. The Commission
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