A/HRC/32/18
sustainable foundations for the rule of law, based on full and equal respect for human
rights, including the rights of persons belonging to minorities and to consolidate the
democratic transformation of Myanmar.
70.
The Government should also take comprehensive legal and policy measures
that address the root causes of all human rights violations and abuses, and prevent
their recurrence. Victim and community perspectives should be central to such a
process, including through broad and inclusive consultations and participation
throughout the design and implementation of any measures aimed at addressing the
past.
71.
Progress should also be made in reforming the legal framework, including the
Constitution of 2008 and the Citizenship Law of 1982, so that it is fully consistent with
the State’s international human rights obligations. The report of the Special
Rapporteur submitted to the Human Rights Council at its thirty-first session
(A/HRC/31/71) is a useful tool in this regard. The establishment of mechanisms to
ensure that any new legislation is fully compliant with the State’s international human
rights obligations is also of critical importance.
72.
With strengthened independence and an enhanced protection mandate, the
Myanmar National Human Rights Commission could play a critical role in upholding
and protecting the human rights of all people in Myanmar. Its powers to inquire into
violations committed by law enforcement officials, to demand accountability from the
Government, to denounce discrimination and incitement to hatred or violence and to
visit places of detention could be utilized to strengthen protection of minorities.
73.
While some of the measures necessary to address concerns raised in the present
report should be taken promptly, the High Commissioner acknowledges that others
will require a staged, longer-term approach in the context of the political transition.
74.
OHCHR stands ready to provide the Government with support in its efforts to
protect and promote the human rights of all people in Myanmar, and to strengthen
effective rule of law. The focus on discrimination that underpins the Sustainable
Development Goals provides an important framework to ensure that no minority is
left behind in the State’s accelerated development. The collective and collaborative
effort of the United Nations in the country will also be crucial to addressing critical
human rights issues.
VI. Recommendations
A.
Policies and practices
75.
The High Commissioner recommends that the relevant authorities in
Myanmar:
(a)
Abolish all discriminatory local orders in Rakhine State, including those
restricting movement and the rights to marriage and family life; immediately remove
arbitrary requirements for travel; facilitate movement within and between townships;
and promptly and clearly communicate these decisions to all relevant authorities;
(b)
Establish a road map and a time frame for lifting all restrictions on
freedom of movement in Rakhine State, and where security considerations remain,
ensure that restrictions are necessary, proportional and not discriminatory;
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