A/HRC/32/18 Convention on the Rights of Persons with Disabilities and other key international treaties.5 It is a signatory to the International Covenant on Economic, Social and Cultural Rights, which therefore requires the authorities to refrain from actions contrary to the object or purpose of the Covenant. The obligations under these treaties are complemented by customary international law, which includes a number of the rights described in the Universal Declaration of Human Rights. 16. Non-discrimination is central to the promotion and protection of the rights of minorities. According to article 2 of the Universal Declaration of Human Rights, States are required to protect and respect the human rights of all, without distinction such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.6 Article 30 of the Convention on the Rights of the Child describes the right of children belonging to minorities to enjoy their own culture, profess and practise their own religion, and to use their own language. Article 4 of the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities requires States to take positive measures to protect the rights and identity of minorities. 17. Considering the context of past and current armed conflict in Myanmar, it is also important to note the relevant provisions of international humanitarian law governing the conduct of parties to an armed conflict, such as the Geneva Conventions (ratified by Myanmar in 1992). International criminal law applies to situations in which individuals may be held individually criminally responsible under international law, such as for crimes against humanity and war crimes.7 States have the primary obligation to ensure accountability for such crimes.8 They must investigate and prosecute gross violations of international human rights law and serious violations of international humanitarian law.9 18. The Constitution of Myanmar of 2008 offers some protection to recognized “national races”, requiring the Government to assist in developing their language, literature and culture; to promote solidarity and respect among them; and to promote their socioeconomic development. Chapter VIII of the Constitution protects the rights to equality and non-discrimination, education and health care, and prohibits forced labour and arbitrary detention. Many rights are, however, reserved for “citizens”, whereas international human rights law generally requires the State to respect, protect and fulfil the human rights of all individuals within its jurisdiction or control.10 Moreover, the Constitution imposes limitations on several fundamental rights,11 or permits their suspension on vague or impermissible grounds.12 5 6 7 8 9 10 11 12 Including the Convention on the Prevention and Punishment of the Crime of Genocide, the Protocol to Prevent, Suppress, and Punish Trafficking in Persons, especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, and the International Labour Organization (ILO) Forced Labour Convention, 1930 (No. 29) and Worst Forms of Child Labour Convention, 1999 (No. 182). See also the Charter of the United Nations, Art. 1(3). For example, Rome Statute of the International Criminal Court, arts. 7-8. See the updated set of principles for the protection and promotion of human rights through action to combat impunity (E/CN.4/2005/102/Add.1), principles 20 and 21. Convention on the Elimination of All Forms of Discrimination against Women, art. 2; Convention on the Prevention and Punishment of the Crime of Genocide, art. 1. See Convention on the Rights of the Child, art. 2. See also OHCHR, The Rights of Non-citizens, Geneva (Sales No E.07.XIV.2), 2006, p. 15. For example, s. 353 states that “Nothing shall, except in accord with existing laws, be detrimental to the life and personal freedom of any person”. For example, the President may, in declaring a state of emergency, “… restrict or suspend as required one or more fundamental rights of the citizens residing in the areas where the state of emergency is in 5