A/HRC/32/18
abandonment of 5,000 irregular migrants at sea. 4 Malaysia and Indonesia ultimately offered
temporary shelter to migrants affected by the Andaman Sea crisis provided that the
international community grant resettlement and repatriation within a year. Many of those
rescued at sea remain detained in shelters, camps or immigration detention facilities, and
face an uncertain future. The policies and practices of discrimination against the Rohingya,
a root cause of irregular migration from Rakhine State, remain to be addressed as part of
broader reforms to protect all minorities in Myanmar.
12.
Access to justice for victims of human rights violations and abuses has, in the
meantime, been sorely lacking. The military and other security forces have generally
enjoyed impunity. Endemic corruption and limited capacity and will to conduct effective
investigations and prosecutions add to a general lack of public trust in the administration of
justice. Structural issues affecting the independence of the judiciary and legal professionals
remain. Judicial independence has been further undermined by the undue influence of the
executive branch and its interference in politically sensitive cases. Social and cultural
stigma deters victims of sexual and gender-based violence from reporting. Minorities face
other obstacles that limit further their access to justice, including language, geography and
fear of reprisal.
13.
In his inaugural address, President U Htin Kyaw described four priorities for the
new Government: national reconciliation, peace, a Constitution leading to the establishment
of a democratic federal union, and improved quality of life. In April 2016, State Counsellor
Daw Aung San Suu Kyi reiterated the importance of national reconciliation and the rule of
law for all citizens. Recent steps taken by the Government include the establishment of the
Ministry for Ethnic Affairs and the transformation of the Myanmar Peace Centre into the
National Reconciliation and Peace Centre. The new Government informed OHCHR that
addressing the situation in Rakhine State had been “one of the highest priorities on its
agenda”, and called for “more time to find durable solutions” (see A/HRC/32/G/9). On 30
May 2016, the Government established the Central Committee on the Implementation of
Peace, Stability and Development of Rakhine State, with the State Counsellor as its Chair.
According to the Government, the objectives of the Committee are to “bring peace, stability
and development to all people in Rakhine State”.
14.
One key to Myanmar’s transformation is addressing past and ongoing human rights
violations, which may otherwise undermine the transition. Patterns of entrenched
discrimination against minorities, and measures to address them, are described below. This
is a challenging process that will require resolve, resources and time. Specific constraints
include the continued influence exercised by the military in critical areas of governance. In
Rakhine State, the situation is compounded by the highly politicized and polarized
environment, including tensions between political parties and continued activity by armed
groups. The new Government has nevertheless a unique opportunity to create positive
momentum by taking crucial steps to halt discrimination against minorities in law and in
practice.
III. Legal framework
15.
The human rights obligations of the State are grounded in both treaty and customary
law. Myanmar is a party to the Convention on the Rights of the Child and the Optional
Protocol thereto on the sale of children, child prostitution and child pornography, the
Convention on the Elimination of All Forms of Discrimination against Women, the
4
4
The Government of Myanmar rescued two boats on 22 and 29 May 2015.