Myanmar: “Build on achievements and reach for democracy”

Myanmar: "Build on achievements and reach for
democracy" – Outgoing UN Special Rapporteur

GENEVA (30 May 2014) – The United
Nations Special Rapporteur on the human rights situation in
Myanmar, Tomás Ojea Quintana, today calls on the Government
and people of Myanmar to build on the many achievements of
the last three years in laying a solid foundation for a
robust democracy.

Mr. Ojea Quintana completes his
six-year term as the Special Rapporteur on the human rights
situation in Myanmar at the end of this month. His
successor, Ms. Yanghee Lee (Republic of Korea) will take up
the position as of June:

"During my six-year term
as Special Rapporteur, Myanmar has been undergoing an
historic transition which has already significantly expanded
freedoms in the country, helped to consolidate peace and
promises a better human rights future for all.

Throughout
my work, I emphasized on four core human rights elements in
assessing Myanmar's democratic transition: the
establishment of the rule of law and the institution of an
impartial and independent judiciary; constitutional and
legislative reform; reform of the armed forces; and the
progressive release of political prisoners.

Rule
of Law
The release of over 1,100 prisoners of
conscience has been, for me personally, the most welcome
step taken by the Government and I commend President Thein
Sein for his leadership in this regard. I remain concerned
for the remaining political prisoners numbering at least 59,
and hope their release will be expedited too, and that all
those who have served unjust sentences will receive redress
accordingly.

Myanmar is to be commended for the recent
adoption of a law on the establishment of an independent
human rights commission, for the vibrant work of its
Parliament, for initiating police reforms, and for seeking
to ensure better development, health, education and social
protection for its population. But its state institutions in
general remain unaccountable, and the judiciary is not yet
functioning as an independent branch of Government.

In
order for the rule of law to prevail, the laws of the land
must be in line with international human rights standards
and they must apply equally to all persons. There must be
civilian control and oversight over the military. The 2008
Constitution needs to be amended in line with the overall
transition to a democratic system of civilian governance.

Without the rule of law, the process of economic
development will have a corrosive effect on Myanmar society
and its environment, leading to exploitation and the
reinforcement of the position of privileged elites. The
international community, particularly those that engage in
trade and investment with Myanmar, have a tremendous
responsibility.

Democratic Freedoms

Despite the notable widening of space for freedom of
expression and the development of political freedoms, many
laws still remain which do not conform to international
human rights standards.

Such laws if not revised will
continue to be used to stifle freedom of expression and
opinion, and interfere with the people's rights to
peaceful assembly and association. Legislative reform must
be accompanied with better protection for human rights
defenders, an enabling environment for civil society, and a
change of mind-set within all levels of Government, to allow
civil society, political parties and a free media to
flourish beyond current limited freedoms.

The expansion
of freedom of expression and the proscription of hate speech
are complementary. I am deeply concerned about the spread of
incitement of racial and religious hatred, especially from
some religious leaders, which appear to be left unchecked by
the authorities.

This, and proposed legislation that
would put obstacles in the way of interfaith marriages and
religious conversions, can have a chilling effect on a
multi-cultural, pluralist democratic society as well as
being in contravention of international treaty obligations.
This cannot be the model to which Myanmar will want to
aspire as the current ASEAN Chair.

Humanitarian
Access and Rakhine State
No one has yet to be
made accountable for the mob attacks against international
humanitarian actors in Sittwe, Rakhine in late March this
year; and although some organizations have been allowed to
return, the humanitarian situation remains dire especially
for the Muslim communities in Rakhine State which rely the
most on services delivered by international actors.

Local
Rohingya leaders and three INGO humanitarian workers
continue to be in detention, and others face intimidation
and harassment by local groups in the provision of
healthcare to the Muslim communities, worsening their
limited access to healthcare. I have also received reports
of deaths in particular of women and children caused by
preventable, chronic or pregnancy-related conditions which
could have been avoided had adequate and timely medical
services been provided to these communities.

This
situation, as well as the recent denial of
self-identification during the Census process, is reflective
of the wider and systematic discrimination against and
marginalization of the Rohingya community. As I warned in my
last report to the UN Human Rights Council, the pattern of
widespread and systematic human rights violations in Rakhine
State may constitute crimes against humanity as defined
under the Rome Statute of the International Criminal Court.

I reiterate my call to the Council to engage the
Government of Myanmar in accounting for these violations
through the establishment of an independent and credible
investigative mechanism.

The Government as well as the
international community, particularly neighbouring member
states and ASEAN, must urgently address the human rights
situation in Rakhine State. To do otherwise would not only
risk local and extremist groups taking complete control over
the situation there, and compromise the entire democratic
transition for Myanmar. It will ultimately mean the
extermination of the Rohingyas.

Kachin State and
Peace Process
I have also received reports
regarding resumed clashes and increased fighting in Kachin
and Shan states. More worryingly, the army has been further
accused of attacking civilians particularly internally
displaced people (IDPs) in southern Kachin State.

The
Government has made commendable progress towards a national
ceasefire accord, but whatever the course of these
negotiations, military and non-state actors need to abide by
international humanitarian and human rights law. Access to
humanitarian aid in Kachin State is also critical.

Securing peace in Myanmar's ethnic border areas is
fundamental to Myanmar's transitional process. The
monitoring of ceasefire agreements would be vital and
addressing the resettlement of IDP and refugee communities
is just one of several challenging issues at stake. For
these issues to be resolved in a sustainable way, the voices
of all parties, especially of women, the youth and minority
groups, must be allowed to be heard in the national process
of peacebuilding and reconciliation.

There also needs to
be transparency in negotiations to allow for entire
communities, and not just their leaders, to benefit from
development projects and profitable business deals, and
ensure that the interests of the communities are at the
heart of such negotiations.

Accountability and
Participation
A truthful account of past human
rights violations is needed in order to inform and solidify
the ongoing process of national reconciliation. A lasting
reconciliation can only be achieved through the fulfillment
of the rights to truth, justice and reparation. Impunity,
which is deeply entrenched in Myanmar institutions, should
be confronted.

Evolving from a state of military rule of
five decades to one of civilian democracy obviously requires
a change in attitude and thinking for all especially the
military. While the civil society enjoys a long history of
activism, the military retains a prevailing role in the life
and institutions of Myanmar.

The energy and enthusiasm of
the younger generation and of women should be fully
developed to help reinvigorate the reform process and ensure
that Myanmar secures a successful transition.

The
international community will be watching closely for the
conduct of free and fair elections in 2015. The upcoming
elections provide a unique opportunity for the military
rulers of the past to allow the people of Myanmar to freely
choose their future leaders and President.

Closure
I hope that my time on this
mandate has helped to improve the human rights situation for
the people in Myanmar, and to keep human rights high on its
reform agenda. I praise the cooperation extended by the
Government of Myanmar to this mandate as well as by other
political and civil society actors. I call on the support of
the international community towards the fledgling democracy
in Myanmar through technical assistance and capacity
development. I particularly encourage the establishment of a
country office by the Office of the UN High Commissioner for
Human Rights with a full mandate.

I hope that through
this mandate I have assisted in elevating the voices of
those who have suffered as well as expressing their needs
and expectations to the United Nations and beyond, and I
wish my successor Ms. Yanghee Lee ever success."

ENDS

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