A/HRC/25/64 nominees (who can include serving military officers) provided by the Commander-in-Chief; and article 40 (c), which authorizes the Commander-in-Chief to assume State sovereign power under a broad set of vague conditions related to a state of emergency. To allow the people of Myanmar to freely choose their Government, the constitutional provisions that currently disqualify persons from standing for election as President or Vice-President, including on grounds of the nationality and birthplace of their parents (art. 59 (b)), the length of time that they have resided in Myanmar before the election (art. 59 (e)) and the nationality of their spouse, their children and the spouses of their children (art. 59 (f)), also require amendment. Furthermore, the Constitution needs to affirm that the fundamental human rights of all people living in Myanmar need to be respected, and not just those of the citizens of Myanmar. 61. The third core human rights element concerns the armed forces. Important progress has been made in tackling the recruitment of child soldiers (see para. 41 above) and forced labour (A/67/383, para. 32), and engagement with the international community has begun on training programmes on human rights for members of the armed forces, as well as police and prison personnel (although the Special Rapporteur expresses his disappointment that the Commander-in-Chief did not agree to meet with him once during his entire six years on the mandate, and stresses the need for the military to engage with the international community on human rights). The use of landmines has decreased significantly, although there has been limited progress in mine surveying and clearance, marking or fencing, with an estimated 5.2 million people continuing to live in areas contaminated by landmines, and Myanmar has not ratified the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-personnel Mines and on Their Destruction. Furthermore, violations of international human rights and humanitarian law continue where military operations are ongoing (see para. 34 above), and there is no progress in tackling the impunity under which the military forces currently operate. 62. Most progress has been made with the second core human rights element: the progressive release of political prisoners (see para. 4 above). However, the releases have not been without conditions, with article 401, paragraphs 1, 3 and 4, of the Code of Criminal Procedure allowing the application of penalties, such as the imposition of the remaining sentence, if a condition of release is judged by the President to have been broken. 63. Reflecting on progress with the four core elements in mind reminds us how far the reforms still need to go. The Special Rapporteur believes that, in pursuing those reforms in line with international human rights standards, the Government would benefit greatly from the presence of an Office of the United Nations High Commissioner for Human Rights (OHCHR) country office with a full toolbox. He is therefore concerned that progress towards its establishment continues to be slow, nearly a year and a half since the invitation was made by the Government, and encourages more speedy progress. I. Truth, justice and accountability 64. The Special Rapporteur emphasizes that a truthful account of past human rights violations is needed to inform the ongoing process of democratic reform and national reconciliation. He continues to encourage the parliament to take forward the initiative to establish a truth commission as a step towards ensuring truth, justice and accountability. He also encourages other initiatives, some of which have already begun, such as commemorations, memorials and documentation of the past. 65. The Special Rapporteur underlines that fulfilling the rights to truth, justice and reparation is an important step towards addressing impunity for human rights violations in Myanmar. Furthermore, justice contributes to lasting reconciliation. 16

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