A/HRC/43/59
78.
Regarding the rule of law, the Special Rapporteur recommends that the
Government:
(a)
Dismantle structural impunity, including by amending the Constitution,
the Defence Services Act of 1959 and the Myanmar Police Force Maintenance of
Discipline Law of 1995 to bring crimes that constitute human rights violations under
the jurisdiction of independent civilian courts, and enact legislation to criminalize war
crimes, crimes against humanity and genocide in accordance with international
standards;
(b)
Reform the Constitution, including by establishing civilian control over
all government ministries and security forces and stipulating rights and freedoms for
the whole population in accordance with international law;
(c)
Reform all laws that may violate human rights, including those cited in
the Special Rapporteur’s report on the situation in 2016 (A/HRC/31/71, annex);
(d)
Develop a systematic consultation process for drafting and review of
amendments and new bills;
(e)
Reform the Citizenship Law of 1982, including by removing the
hierarchy of citizenship classes and reliance on “national race” as a determining
factor in citizenship, ensure any new citizenship law is implemented without
discrimination, stop the national verification card process and restore citizenship to
the Rohingya;
(f)
Enact the proposed prevention of violence against women law, ensuring
that it complies with international standards and the obligations of Myanmar under
the Convention on the Elimination of All Forms of Discrimination against Women;
(g)
Quickly develop rules and procedures to implement the Child Rights
Law of 2019, in accordance with the guiding principles of non-discrimination and the
best interests of the child;
(h)
Enquiry;
Publicly release the full report of the Independent Commission of
(i)
Fully comply with the provisional measures indicated by the
International Court of Justice, and cooperate with the International Criminal Court
and the Independent Investigative Mechanism for Myanmar;
(j)
Reform the Myanmar National Human Rights Commission to ensure its
full compliance with the Paris Principles, including its founding law, and appoint
Commissioners who will uphold the Commission’s independence and represent civil
society, and include ethnic and religious minorities to reflect the diversity of the
country.
79.
The Special Rapporteur recommends that the United Nations and the
international community:
(a)
Refer the situation in Myanmar to the International Criminal Court
immediately, or alternatively establish an international tribunal to try alleged
perpetrators of international crimes;
(b)
Consider commencing cases against alleged perpetrators of international
crimes under universal jurisdiction;
(c)
Support the case of the Gambia against Myanmar under the Convention
on the Prevention and Punishment of the Crime of Genocide at the International
Court of Justice;
(d)
Support a national dialogue in Myanmar and ensure that it is inclusive,
participatory and grounded in human rights, involving a wide variety of stakeholders
from across the country at the local, state, regional and national levels;
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