A/HRC/22/58 had subsequently followed up on 830 complaints with the relevant Government Ministries and had received 51 responses (action was taken by the Ministries concerned on 33 cases). The Chair acknowledged that this response rate was not satisfactory and that the Ministries needed to be educated on the complaints mechanism and their obligations in terms of response. The Special Rapporteur encourages the MNHRC to make this information public in its Annual Report, particularly with regard to the recommendations that have been made on individual cases and the follow up that has occurred from the Government. He also encourages the Government to promptly act on complaints brought to its attention. 73. The Special Rapporteur notes that the enabling law of the MNHRC has not yet been passed, which he hopes will happen soon to bring the MNHRC into line with the Paris Principles, including with regard to the independence of commissioners, adequate and independent resources and the provision of a full mandate to promote and protect human rights. 74. Regarding the implementation of many of these recommendations, the Government would benefit from further extending engagement with relevant United Nations agencies, particularly OHCHR. The Special Rapporteur therefore welcomes the Government’s invitation on 18 November 2012 to OHCHR to establish an Office in Myanmar. He notes that consultations on the host country agreement have begun, and encourages the Government to expedite the process of ensuring the establishment of an OHCHR Country Office with a full mandate. 75. During his latest visit, the Special Rapporteur discussed the need for constitutional reform with a range of stakeholders. He highlights that the current Constitution contains a number of provisions that could undermine the rule of law and fundamental human rights, which have been outlined in previous reports (see HRC/13/48, A/13/48, A/66/365). He was encouraged that there was open discussion about the importance of the Constitution reflecting the needs and aspirations of the people of Myanmar, and that it could be changed if the people desired it. Ethnic minority groups have also stressed to the Special Rapporteur the need for constitutional reform to reflect their desire for more control over their own affairs, and that this will be crucial for the consolidation of ceasefire and political agreements. 76. The Special Rapporteur emphasizes that, in order for the rule of law to exist, the laws of the land should be in line with international human rights standards, and these laws should be applied equally to all persons, institutions and entities, including the military. Subsequently, he reiterates the need for civilian control of the military as fundamental to any democracy that upholds the rule of law. He recommends the amendment of constitutional provisions which, inter alia, provide for the establishment of permanent military tribunals (article 293 (b)), separate from oversight of the civilian justice mechanisms, for which the Commander-in-Chief exercises appellate power (article 343 (b)); stipulate that no proceeding shall be brought against any member of the Government in respect of any act done in the execution of their duties (article 445), effectively providing the military with immunity for human rights violations that may have been committed; and allow for military appointees to occupy 25 per cent of seats in Parliament (articles 74, 109 (b), 141 (b)), which also effectively provides the military with a veto on Constitutional amendments. 77. The Special Rapporteur highlights the important role that the Constitutional Tribunal can play in bringing the Constitution into line with international human rights standards, through its mandate to interpret the provisions of the Constitution. 16

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