A/HRC/34/67
with regional laws, orders and instructions enacted by the state government; and (c) cardholders from Rakhine State can go to Bangladesh legally with border passes.
14.
It should be recalled that following the announcement that all Temporary
Registration Cards (White Cards) would expire on 31 March 2015, about 470,000 such
cards were surrendered (of about 760,000 originally disbursed). While the highest number
surrendered came from Rakhine (almost 400,000), the rest mostly came from Shan, Kayin
and Mon States as well as Tanintharyi, Bago and Ayeyarwaddy Divisions. The specificities
relating to card-holders residing in Rakhine State are notable, especially their seeming right
to cross into Bangladesh but not to freely move within Rakhine State and the rest of
Myanmar.
15.
The Special Rapporteur has already noted that many are sceptical of the citizenship
verification exercise. Between June 2015 and December 2016, just over 600 identity cards
for national verification were issued in Rakhine State compared to almost 26,000
elsewhere. Reasons for that include the lack of consultation with affected communities
resulting in their lack of understanding of the process and the continued limitations on the
exercise of rights by citizens recognized through the process. Consequently, most Rohingya
and other non-citizen minorities rely on the compulsory household list as the only current
evidence of legal residence in Myanmar.
16.
The Special Rapporteur is particularly concerned by reports of Rohingya and others
being coerced into applying for identity cards for national verification. For example, one
must now have the card to apply for a fishing license and travel authorizations. She
reiterates her previous call to reform the Citizenship Law and related processes.
17.
The Special Rapporteur remains concerned about the opaqueness of the law-making
process and reiterates her previous recommendations (see A/71/361, paras. 22 and 98 (b)).
A law on law-making, clearly setting out a consistent process including systematic and
meaningful consultation, could be considered.
18.
The Constitution remains an impediment to the achievement of full democracy.
Particularly concerning are provisions that effectively lead to no civilian oversight of the
military and that retain significant military influence and involvement in the parliament and
the Executive. As such, the Special Rapporteur firmly believes that Myanmar is not yet a
country with a truly civilian Government. While understanding that discussions on
constitutional amendment remain politically sensitive, she underlines its importance to the
reform process. She notes that any revision process will require time and significant effort
to seek input from all stakeholders. She therefore suggests that consideration be given to
establishing a preparatory committee to study possible revision processes.
2.
Administration of justice
19.
A strong judiciary and independent lawyers are crucial for the rule of law. Lawyers
continue to face difficulties bringing cases against powerful interests, with some reporting
intimidation or being subject to legal proceedings. 2 The Special Rapporteur encourages
reform of the Bar Council Act (1989) to bring it into line with the Basic Principles on the
Role of Lawyers.
20.
There is also a need for continued strengthening of the judiciary. The Special
Rapporteur encourages continued action to implement the Strategic Plan (2015-2017) of the
Supreme Court and to bring the judicial appointments system into line with the Basic
Principles on the Independence of the Judiciary. She notes that judicial corruption remains
a problem and reiterates her call for steps to address that (see A/HRC/31/71, para. 16).
21.
During her recent visit to Myanmar, the Special Rapporteur visited a hard labour
camp in Mon State. She was concerned by the use of shackles as a form of additional
punishment, including during quarry work, and the lack of transparency on how prisoners
are selected for transfer to the camp. She noted the lack of an independent complaints
system for prisoners in that camp and prisons across Myanmar. She also notes the reported
2
4
Lawyer Khin Khin Kyaw is still facing charges under the Penal Code. See A/71/361, para. 24.
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