A/HRC/25/64
III. Conclusions
66.
Throughout his six years on the mandate, the Special Rapporteur has seen
significant changes in Myanmar that have brought important improvements to the
human rights situation, including the release of over 1,100 prisoners of conscience, the
opening up of space for freedom of expression, the development of political freedoms
and the holding of free and fair by-elections, and important progress in securing an
end to fighting in the ethnic border areas. He believes that there is limited space for
backtracking, although the democratic transition is still in its early stages and remains
fragile.
67.
For the time being, the military retains a prevailing role in the life and
institutions of Myanmar. State institutions in general remain unaccountable and the
judiciary is not yet functioning as an independent branch of the State. Moreover, the
rule of law cannot yet be said to exist in Myanmar. In that regard, tackling the
impunity and systematic discrimination in Rakhine State represents a particular
challenge which, if left unaddressed, could jeopardize the entire reform process.
68.
A change of mindset still needs to take place within all levels of Government to
allow civil society, political parties and a free media to flourish beyond the limited
freedoms that have currently been granted. The energy and enthusiasm of the
younger generation and of women needs to be allowed to come through, which will, in
turn, reinvigorate the reform process and ensure that Myanmar secures a successful
transition. As part of the transition, addressing the past will also become increasingly
important.
69.
A critical step will be to secure ceasefire and political agreements with ethnic
minority groups, so that Myanmar can finally transform itself into a peaceful multiethnic and multi-religious society.
70.
The transition in Myanmar requires systematic support from the international
community, including in the form of technical assistance and capacity development. It
will also be essential for Myanmar to build on its progress of engagement on human
rights, which should include the establishment of an OHCHR country office with a
full mandate.
71.
The Special Rapporteur hopes that his time on this mandate has helped to
improve the human rights situation of the people of Myanmar. After nine visits to the
country, he is aware of the value that the people place on this mandate, and highlights
the importance of it continuing to help keep human rights near the top of the reform
agenda of Myanmar.
72.
The Special Rapporteur praises the cooperation extended by the Government
of Myanmar to this mandate. He believes that this cooperation represents a good
example of how States can progress on human rights through engagement with the
international community as envisioned in the Charter of the United Nations.
IV.
Recommendations
73.
Regarding prisoners of conscience, the Government should:
(a)
Continue to convene meetings of the prisoner review committee and
upgrade the status of the committee to enable it to investigate suspected cases of
prisoners of conscience, including in Rakhine State, which entails access to prisons
and the authority to question relevant state officials;
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