A/HRC/22/58
(g)
Prevent undue media dominance by privately controlled media groups.
90.
To address shortcomings in reforms relating to the right to peaceful assembly
and association, the Government should:
(a)
Amend the 2011 Peaceful Assembly and Peaceful Procession Act (and
the implementing rules and regulations), including article 18 which provides for a
one-year jail term for permit violations, and ensure provisions are added on the
necessary and proportionate use of force in controlling public assemblies, as laid out
by the United Nations Basic Principles on the Use of Force and Firearms by Law
Enforcement Officials;
(b)
Amend other problematic legislation, including articles 141-3, 145, 151
and 505 (b) of the Criminal Code, the 1988 Law Relating to the Formation of
Organizations and the 1908 Unlawful Associations Act;
(c)
Ensure the commission established to look into the Monywa copper mine
protests establishes whether excessive force was used by the police;
(d)
Ensure law enforcement officials are held liable by a court of law for the
unjustified or disproportionate use of force;
(e)
Instigate capacity development for law enforcement officials in
facilitating public assembly and dealing with crowd control in accordance with
international standards.
91.
In relation to economic, social and cultural rights, the Government should:
(a)
Integrate human rights in national development policies through
applying a human rights-based approach and implement the Guiding Principles on
Business and Human Rights;
(b)
Ensure the protection of land and housing rights, including through
impact assessments prior to development projects, consultation with affected
individuals and communities, the provision of adequate restitution and compensation,
and the conferment of legal security of tenure.
92.
Regarding conflict and the situation of ethnic minorities, the Special
Rapporteur:
(a)
Urges all parties to continue dialogue towards genuine and sustainable
peace in Kachin State;
(b)
Calls on the Government and all non-State armed groups to ensure the
protection of civilians during armed conflict and to respect international human
rights and humanitarian law;
(c)
Urges the Government to investigate allegations in Kachin State of the
continued arrest and torture during interrogation of ethnic Kachin men suspected of
belonging to the KIA.
93.
Furthermore, the Government should:
(a)
Ensure quick implementation of its recent commitment to allow the
United Nations and international organizations access to provide humanitarian
assistance to all conflict-affect areas in Kachin State;
(b)
Ensure civil society and affected communities, including women, are
fully involved and empowered in peacebuilding processes that address the root causes
of the conflicts, including issues of self-governance;
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