A/HRC/43/59
evictions and land confiscations without consultation and adequate compensation in
line with international standards;
(b)
Enact a national land law in line with the National Land Use Policy and
international law and standards, after a transparent and consultative drafting process
and thereafter reform the existing land use and appropriation laws for consistency
with the national land law, in compliance with international standards;
(c)
Prioritize an inclusive, consultative process to develop an appropriate
legal framework for data protection that accords with international standards and
amend the Telecommunications Law of 2013 to bring it into line with international
standards;
(d)
Continue to reform the legal framework that governs natural resource
extraction to reduce inconsistency and complexity, in consultation with affected
communities and civil society, allocate sufficient resources and training to enforcing
environmental and social regulations, ensure that affected communities have a right to
remedy and implement and enforce the Environmental Impact Assessment Procedure
of 2015;
(e)
Continue to participate in the Extractive Industries Transparency
Initiative and ensure transparent, consistent and enforceable reporting requirements
for extractive companies in line with Extractive Industries Transparency Initiative
standards;
(f)
Ensure that the proposed law on petroleum supports compliance with its
obligations under the Extractive Industries Transparency Initiative. Establish a fair
system of revenue sharing;
(g)
Protect workers’ rights to freedom of association and assembly, work
with employers’ associations and unions to end forced labour and hazardous child
labour, empower workers in Myanmar and improve working conditions;
(h)
Drive due diligence among business through effective legal, policy and
regulatory frameworks in accordance with the Guiding Principles on Business and
Human Rights.
77.
Regarding situations of armed conflict and violence, the Special Rapporteur
recommends that the Government, military and ethnic armed organizations:
(a)
Strictly comply with international humanitarian law and human rights
law in the conduct of hostilities, including protecting all civilians and civilian objects,
and cease conduct that amounts to grave violations against children;
(b)
Immediately stop laying landmines, ratify the Convention on the
Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines
and on Their Destruction, clear mines and unexploded ordnance in accordance with
international standards, mark and fence mine areas and carry out systematic minerisk and education activities;
(c)
Immediately allow full and unfettered humanitarian access to people in
need in all areas affected by armed conflict and violence, and access to the media and
human rights monitors;
(d)
Bring about conditions for the voluntary, safe, dignified and sustainable
return to the country of all Myanmar refugees, ensure that returning refugees enjoy
their fundamental rights, including justice, citizenship, return to places of origin and
compensation for burned, damaged or looted property, as well as adequate access to
livelihoods, education and health care;
(e)
Ensure that any closure of internally displaced person camps fully
complies with international standards and respects the rights of internally displaced
persons, and that displaced persons are returned to their place of origin or choice and
are not resettled in places affected by ongoing armed conflict or landmines.
17
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