A/HRC/22/58
organizers should instead be required only to notify authorities of plans to organize an
assembly so that the State is able to facilitate the exercise of the right to freedom of
peaceful assembly, and ensure the protection of participants, public order, public safety and
the rights and freedoms of others.
30.
The Special Rapporteur also has concerns over the police handling of protests. On
29 November, police attempted to clear the main protest site near the Monywa (Letpadaung
Taung) copper mine, resulting in 73 people, including 67 monks, being injured, with around
30 persons suffering burn injuries. During his latest visit, the Special Rapporteur met with
participants in the protests, who described how incendiary devices had been used to
disperse crowds, resulting in serious injuries. In his meeting with the Home Affairs
Minister, the Minister denied that any incendiary devices had been used. The Special
Rapporteur welcomes the establishment by the Government on 1 December 2012 of a
commission chaired by Aung San Suu Kyi to look into the Monywa copper mine protests,
and hopes that the report will help to clarify whether excessive force was used and will
recommend measures to bring any perpetrators to justice.
31.
The Special Rapporteur also received reports that, on 23 November 2012, the four
miners from Moehti Moemi gold mine in Yemathin township (referred to above) were
assaulted and arrested by security forces while peacefully marching together with around
70 fellow protestors to Nay Pyi Taw to protest the closure of their mine. Allegedly, around
100 police officers armed with sticks charged the group and beat the peaceful
demonstrators before arresting the four miners.
32.
To help address this issue, the Special Rapporteur recommends that the Peaceful
Assembly and Peaceful Procession Act, its associated by-law, and police regulations, be
amended to include provisions 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. Law enforcement officials should be
held liable by an independent and democratic oversight body, and by a court of law, for the
unjustified or disproportionate use of force or for failing to intervene when necessary to
prevent a violation of a person’s rights. Furthermore, he recommends more guidance and
capacity development for law enforcement officials in dealing with crowd control in
accordance with international standards. In this regard, he welcomes the openness shown
by the Home Affairs Minister during their meeting to engage with the international
community in ensuring that law enforcement personnel are abiding by international
standards.
E.
Economic, social and cultural rights
33.
The Special Rapporteur notes progress in the Government’s efforts to promote
socio-economic development and economic growth. The National Economic and Social
Advisory Council, established in June 2012, has drafted a framework for further socioeconomic reforms, which is to be approved by the national planning commission shortly.
President Thein Sein has publicly committed to halve the rate of poverty and hunger by
2015 and to use the more than $6 billion in debt relief recently granted to Myanmar for
poverty alleviation, and the construction of schools, hospitals and power generation. The
Special Rapporteur highlights the importance of focussing on the right to education in the
country’s democratic transition, and refers to his previous analysis and recommendations
on this right (A/HRC/16/59).
34.
The Special Rapporteur highlights that now is the time to put in place a human
rights based approach to development to ensure that the flow of investment and opening of
businesses is directed towards ensuring the realization of the human rights of the people of
Myanmar. In addition to ensuring the effective implementation of core international human
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