The Sources of Human Rights

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YANGHEE LEE, Special Rapporteur on the Situation of Human Rights in Myanmar, presented her report on the progress in the electoral process and reform in the run up to the 2015 election.  In her report, she recognized the important gains made through Myanmar’s reform process.  The initial reforms had undoubtedly improved the political, economic and social and human rights landscape in the three years since the establishment of a new Government.  However, there were signs of possible backtracking, which could undermine Myanmar’s efforts to respect and protect human rights.  Accordingly, she urged the Government of Myanmar to continue its partnership with the international community to ensure that human rights remained at the foundation of its democratic transition.

In relation to the ongoing peace process, she called for continuing efforts by all sides to reach a nationwide ceasefire agreement.  Abiding by human rights principles would foster greater confidence in and shared ownership of the peace process and subsequent political dialogue.  Additionally, she welcomed efforts by the Government to prevent the use of children as soldiers and to work towards the discharge and rehabilitation of those previously involved in combat.  However, reports confirmed that there were cases of children being recruited by military and non-State armed groups.  In that regard, she urged a renewed focus on measures to ensure the release, rehabilitation, recovery and reintegration of affected children, as well as more robust measures to prevent further recruitment.

Turning to the issue of democratic reform, she encouraged efforts to ensure an independent judiciary that was properly resourced and accountable.  Under no circumstances, she said, should trials be conducted behind closed doors, without legal representation and with defective evidence.  Additionally, she emphasized the need for the Government to continue to convene the prisoner review committee to ensure that all remaining political prisoners were immediately released and politically motivated charges were dropped.  On the upcoming 2015 election, she noted that the process should be monitored closely, and assessed using international standards.  Concluding, she said, much could be achieved by engendering a culture of respect for human rights among all state institutions and the public at large.

In the ensuing interactive dialogue, some delegates said politically motivated reports should be prohibited, rejecting selective and politicized considerations of human rights, and calling for the resolution to be discontinued.  The discussions on human rights should be based on cooperation and dialogue, and not be inherently divisive.

Other delegates welcomed the positive progress made by the Government, yet urged to allow humanitarian access to the Rohingya community.  Others encouraged the international community to cooperate with Myanmar in technical assistance, appealing also on the Government to continue its cooperation with the United Nations by opening a country office of the Office of the United Nations High Commissioner for Human Rights (OHCHR).

Questions were asked related to the challenges faced by the Rohingya community, to the possibility to amend the legislation impeding the media and its effect to contribute to the legitimacy of the 2015 elections, and the usefulness of OHCHR’s country office.  Other delegates asked about women’s rights in the country, about possible measures to be taken by the Government to protect ethnic and religious minorities, and on steps needed to install accountability mechanisms to ensure that security forces did not commit human rights violations.

A representative of Myanmar appreciated the Rapporteur’s observation in commending his country’s transition and reforms.  However, the list of responses provided by the Government was not adequately reflected in the report, thus weakening its balance and objectivity.  A large portion of the report, he noted, dwelt on details of the Constitution and election laws, which essentially fell under domestic jurisdictions and the Parliament.  Addressing the concerns of the Rapporteur over legal action taken against some journalists, he said they were arrested not for their reporting, but for illegally trespassing into restricted military facility.  “Even the most democratic nations will not let such crimes go unpunished”, he said, calling on the media not to abuse their rights of freedoms to incite instability.

Ms. LEE noted the importance of interfaith dialogue, calling on religious, community and political leaders to reach out to the Muslim and Buddhist communities, among others.  The fabric of violence could undermine the progress that the country had achieved, she added.  On women’s rights, she said their participation in peace processes was very important, and was an area that needed more encouragement and assistance.  Turning to the 2015 elections, she said she would make it the main focus of her next country visit, as well as her report to the Human Rights Council.  On the OHCHR country office, she said it should be viewed as a partnership, where monitoring and technical assistance could go hand in hand.  Reiterating the importance of tolerance and harmony, she said the Rakhine State deserved an honest and critical assessment, calling for the resumption of humanitarian aid.

Participating in the dialogue were representatives of Indonesia, Lao People’s Democratic Republic, Viet Nam, Japan, United Kingdom, Cuba, Saudi Arabia, Czech Republic, Canada, Republic of Korea, China, Maldives, Norway, United States, Russian Federation, Iran, Switzerland and Singapore, as well as the European Union Delegation.

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Source:

https://papersmart.unmeetings.org/en/ga/third/69th-session/programme

http://www.un.org/press/en/2014/gashc4112.doc.htm