A/HRC/32/18
(c)
Promptly lift the curfew order in northern Rakhine State, remove
arbitrary limitations on the right to freedom of assembly, and guarantee freedom of
worship;
(d)
Remove all discriminatory and restrictive bureaucratic requirements for
emergency medical referrals, and ensure unhindered access for all communities to
government hospitals in all townships in Rakhine State;
(e)
Ensure the replacement or issuance of identity documentation for all
individuals residing in Myanmar, regardless of their citizenship status; and ensure
that all children are registered at birth, without discrimination, and implement
promptly a process to register all unregistered children, including all Rohingya
children;
(f)
Find durable solutions for all internally displaced persons in Rakhine
State and conflict areas in accordance with the Guiding Principles on Internal
Displacement.
B.
Legislation
76.
The High Commissioner recommends that the relevant authorities in
Myanmar:
(a)
Take progressive steps towards the removal of all discriminatory legal
provisions, including in the Constitution, the Citizenship Law of 1982 and the four
“race and religion laws”;
(b)
Prevent and sanction incitement to discrimination, hatred and violence,
including through the development of a comprehensive strategy based on
international human rights standards, and ensure that the Parliament takes into
account the Rabat Plan of Action when discussing the “Maintenance of Religious
Harmony” bill.
C.
Accountability
77.
The High Commissioner recommends that the relevant authorities in
Myanmar:
(a)
Undertake a comprehensive inquiry into the situation of minorities in
Rakhine State and other areas in Myanmar, in consultation with all stakeholders and
in accordance with international human rights law and standards with a view to
recommending measures of accountability, and address the root causes of
discrimination, foster reconciliation between communities and prevent recurrence of
violations;
(b)
Ensure prompt, thorough, independent and impartial investigations into
all alleged violations of human rights and international humanitarian law, including
those committed by law enforcement officers and security officers, and subsequent
prosecutions; and to that end, remove any legal or legislative barriers to criminal
accountability;
(c)
Ensure national laws on arrest and detention and their application are
consistent with international human rights standards; and that law enforcement
action is conducted in accordance with human rights standards, including the
principles of legality, necessity, proportionality and non-discrimination;
17