GE.13 –
Human Rights Council
Twenty -second session
Agenda item 4
Human rights situations that require the Council’s attention
Report of the Special Rapporteur on the situati on
of human rights in Myanmar,
Tomás Ojea Quintana * **
Summary
This report looks at the impact of ongoing reforms on the human rights situation in
Myanmar, assessing positive developments, shortcomings, areas that remain unaddressed
and gaps in implemen tation .

* The annex to the present report is circulated as received, in the language of submission
only.
** Late submission.
A /HRC/22/58
Advance Unedited Version Distr.: General
6 March 2013

Original: English

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Contents

Paragraphs Page
I. Introduction ………………………….. ………………………….. ………………………….. …………. 1–5 3
II. Human rights s ituation ………………………….. ………………………….. ………………………. 6–35 3
A. Prisoners of conscience ………………………….. ………………………….. ………………. 6–10 3
B. Conditions of detention and treatment of prisoners ………………………….. …….. 11 –14 4
C. Freedom of e xpression ………………………….. ………………………….. ……………….. 15 –24 5
D. Freedom of a ssembly and association ………………………….. ……………………….. 25 –32 7
E. Economic, soc ial and cultural rights ………………………….. …………………………. 33 –35 8
III. Conflict and the situation of ethnic minorities ………………………….. …………………… 36 –45 9
IV. Situation in Rakhine State ………………………….. ………………………….. ………………….. 46 –60 11
V. Democratic transition and establishing the rule of law ………………………….. ……….. 61 –77 14
VI. Truth, justice and accountability ………………………….. ………………………….. …………. 78 –81 17
VII. Conclusions ………………………….. ………………………….. ………………………….. ………… 82 –85 17
VIII. Recommendations ………………………….. ………………………….. ………………………….. … 86 –98 18
Annex
Communications during the reporting period ………………………….. ………………………….. ………………. 22

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I. Introduction
1. The mandate of the Special Rapporteur on the situation of human righ ts in Myanmar
was established pursuant to Commission on Human Rights resolution 1992/58, and was
recently extended by Human Rights Council resolution 19/21. The present report is
submitted pursuant to Council resolution 19/21 an d General Assembly resolutio n 67 /23 3,
and covers human rights developments in Myanmar since the Special Rapporteur’s report
to the Council (A/HRC/19/67) in March 2012 and to the Assembly (A/67/383) in October
2012.
2. From 11 to 16 February 2013, the Special Rapporteur conducted his seventh mission
to Myanmar and met , in Naypyitaw , the Minister for Home Affairs, the Minister for Social
Welfare, Relief and Resettlement, the Attorney General, the Deputy Minister of Foreign
Affairs, the Deputy Minister for Border Affairs, the Deputy Chie f Justice and other justices
of the Supreme Court, as well as several members of parliament and parliamentary
committees. In Yangon, he met Daw Aung San Suu Kyi, members of the Myanmar
National Human Rights Commission, civil society, prisoners of conscien ce held in Insein
prison, former detainees from Buthidaung Prison, the United Nations country team and the
diplomatic community. He also visited Yangon University and met with the Dean and
students, and visited the offices of the Myanmar Times.
3. He vi sited Rakhine State, where he met state authorities and community leaders. He
visited camps for displaced persons for both Buddhist and Muslim communities in Sittwe,
Myebon and Pauk Taw and visited Sittwe Prison. He also visited Kachin State, where he
me t state authorities and civil society, visited camps for displaced persons in Myitkyina and
Waingmaw and visited Myitkyina Prison. He expresses thanks to the Government of
Myanmar for its cooperation during the visit.
4. He visited Japan from 7 to 10 February and met with representatives of the Japan
International Cooperation Agency, the Ministry of Foreign Affairs, the Ministry of
Economy, Trade and Industry, the Parliamentary Senior Vice -Minister for Foreign Affairs,
and civ il society organisations. He also visited Thailand from 17 to 18 February and met
with representatives from the Ministry of Foreign Affairs, civil society, United Nations
regional and national offices and the diplomatic community. He is grateful to the
Governments of Japan and T hailand for their cooperation.
5. The Special Rapporteur expresses thanks to the Office of the United Nations High
Commissioner for Human Rights (OHCHR) in Geneva, Bangkok and New York, for
assisting him in discharging his mandate.
II. Human rig hts s ituation
A. Prisoners of conscience
6. Since the formation of the new Government, eight amnesties have been granted and
800 prisoners of conscience released. The most recent amnesty, announced by the
President on 16 November 2012, resulted in the re lease of more than 50 prisoners of
conscience and was granted in accordance with article 204 (a) of the Constitution and
article 401 (1) of the Code of Criminal Procedure.
7. The Special Rapporteur publicly welcomed the releases, while noting that arti cle
401 (1), (3), (4) of the Code of Criminal Procedure enables the attachment of conditions,
such as the imposition of the remaining sentence if a condition on which the sentence was

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suspended or remitted is judged by the President not to have been fulfil led. He reiterates
that the release of prisoners of conscience must be without any conditions. Credible
sources indicate that over 250 prisoners of conscience remain behind bars. In this regard,
he welcomes the announcement on 6 Fe bruary of the formatio n of a committee to identify
the remaining prisoners of conscience to be released, which follows the Government’s
earlier commitment made on 18 November 2012 to set up such a mechanism. According to
the President’s Office, the Committee is to be chaired b y Union Minister in the President’s
Office, Soe Thane, and made up of representatives from government ministries, civil
society organizations and some political parties.
8. The Special Rapporteur hopes that this will lead to the speedy release of all
rem aining prisoners of conscience. Those who have already been identified should be
released without delay. Furthermore, in view of allegation s that persons continue to be
arrested for political reasons, he recommends that the Committee is established as a
permanent body.
9. During his latest visit, the Special Rapporteur visited Insein Prison and met with five
prisoners of conscience: Aung Naing, Saw Francis, Tun Oo, Win Myint and Zaw Moe, as
well as Sitt we Prison where he met with Tun Aung. The Special R apporteur discussed
these cases, along with the four international non -governmental organisation ( INGO )
workers who remain in Buthidaung prison, with the Home Affairs Minister in Naypyitaw.
The Minister acknowledged the importance of this issue and reques ted that the Special
Rapporteur send him the list of persons mentioned during the discussion.
10. In Yangon, the Special Rapporteur met with recently released prisoners of
conscience, including Gambira and Khaymar Sara, whom he had previously visited in
Insein Prison. While overjoyed to be speaking to them in freedom, he was concerned to
hear of the difficulties they faced in rebuilding their lives and that some had faced repeated
detention since their initial release. He reiterates that it is the duty of the State to provide
adequate medical and psychosocial services to those released; in particular those who
suffered ill -treatment or prolonged periods of solitary confinement. Rehabilitation support
should also be provided, given that many former pris oners face difficulties in finding
employment or continuing their education. Furthermore, many former prisoners continue
to be denied passports and cannot travel abroad, while some who are medical and legal
professionals have had their licences revoked. The rights and freedoms of those released
must be respected and any restrictions or conditions removed, and ways to provide just
compensation need to be considered. The Special Rapporteur recommends that the
Committee to identify prisoners of conscience b e given a broad terms of reference, so that it
can look into these issues and propose necessary legislative reforms.
B. Conditions of detention and treatment of prisoners
11. The Special Rapporteur is concerned about the ongoing practice of torture in places
of detention in Myanmar. During his interviews with displaced persons in camps in
Myitkyina and Waingmaw and prisoners in Myitkyina prison, he received allegations of
arbitrary arrest and torture during interrogation by the military of Kachin men a ccused of
belonging to the Kachin Independence Army (KIA). In Rakhine State, he received
allegations that Muslim prisoners detained in Buthidaung Prison after last June and
October’s violence have been tortured and beaten to death.
12. While in Yangon, the Special Rapporteur met with the sister of Myo Myint Swe,
who died following torture during interrogation while in police custody. His case is
consistent with other information the Special Rapporteur has continued to receive on
professionalised torture techniques being used by police officers on suspects of violent
crime with the aim of extracting confessions. He highlights that addressing human rights

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violations through the criminal justice system is necessary to combat the culture of
impunity that ex ists for acts of torture in police stations, prisons and in other places of
detention, particularly during the interrogation of suspects. In addition, he encourages the
Government to initiate human rights training programmes for police officers and prison
officials, and to develop the capacity of other relevant public officials, including judges and
doctors, who can intervene on suspected cases of torture.
13. The Special Rapporteur acknowledges the steps being taken by the Government to
address the ongo ing practice of torture in Myanmar. He commends the Government on its
commitment last November to allow the International Committee of the Red Cross (ICRC)
to resume prison visits in order to assess conditions and facilitate access to healthcare, and
note s the subsequent successful completion of the first pilot prison visit in January. He
encourages the Government to continue this good cooperation with the ICRC and reiterates
his recommendation that national and other international monitoring groups be pr ovided
with access to prisons. To help systematise the process of prison visits to prevent torture,
he recommends that Myanmar prioritise the ratification of the Convention against Torture
and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT ) and its Optional
Protocol (OPCAT). Furthermore, he encourages the Government to invite the Special
Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment to
conduct a country visit.
14. In Yangon, the Special Rappor teur also met with the wife of Phyo Wai Aung. He
was deeply saddened to learn of the passing away of the former prisoner of conscience on 4
January 2012, only five months after his release from Insein prison. Phyo Wai Aung had
previously informed the Spe cial Rapporteur that his confession had been extracted as a
result of torture. His death has also highlighted the inadequate health care that prisoners are
provided with in Myanmar’s prisons. The Special Rapporteur recommends that urgent
measures be take n to address this, including through the passing and implementation of a
new Prisons Law, which he understands from the Home Affairs Minister will be considered
by Parliament soon. He hopes the new law will comply with international standards,
including t he U nited Nation s Standard Minimum Rules for the Treatment of Prisoners, and
also address concerns over the use of solitary confinement, transfers to remote prisons and
non -judicial punishment. In this regard, he encourages the authorities to take into ac count
the comments provided on the initial draft by the United Nations Office on Drugs and
Crime (UNODC) and OHCHR.
C. Freedom of e xpression
15. The Special Rapporteur acknowledges important progress that has been made in
developing a more open environmen t for people to express themselves, including a freer
media environment. In 2012, no journalists were jailed in Myanmar and the country rose
18 places to 151 out of 179 States in the 2013 World Press Freedom Index.
16. In August 2012, in a significant step forward, pre -publication screening and
censorship by the Press Scrutiny and Registration Division (PSRD) was brought to an end,
and in January 2013 the PSRD was replaced with the Copyright and Registration Division
(CRD). However, the press are stil l required to send printed copies of their publications to
the CRD after publication, and the CRD can summon journalists to its headquarters and
threaten newspapers with suspension. The Special Rapporteur also has concerns over the
current registration pr ocess for print publications, where the threat of the revocation of
licences could be used by state authoriti es as a tool for censorship, as well as concerns over
the misuse of defamation laws to secure censorship.
17. In September, the Government esta blished a 28 -member Interim Press Council,
which subsequently created four working committees to perform the tasks of resolving

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disputes and complaints, drafting the code of ethics and the new media law, finance and
management, and information and public r elations. The Chair of the Council is a retired
Supreme Court Judge Khin Maung Aye and the Deputy Chair is journalist and writer
Maung Wuntha. The Special Rapporteur is encouraged to see that membership is largely
made up of independent journalists, some of whom he met in Yangon during his latest visit.
The Council has been proactive in carrying out its tasks, such as engaging in mediation
between the government and two journals, The Voice and Snapshot Journal , for the
withdrawal of government lawsuits a gainst the publications.
18. The Special Rapporteur commends the Government’s decision to pass the
responsibility of drafting a new media law to the Interim Press Council, which will help to
ensure meaningful consultation with relevant stakeholders and a law that meets
international standards. The law, which he hopes will be passed by the end of the year, will
establish a permanent Press Council and new publishing guidelines, and should help to
protect the freedom of expression of reporters and editors. However, he is alarmed about a
proposed Printing and Publishing Enterprise Law, which came to his attention just prior to
the finalisation of this report, and calls for its urgent review by the Interim Press Council to
help ensure it meets international hu man rights standards.
19. In conjunction with the passing of a new media law, reforms to existing legislation
also need to take place (see Recommendations).
20. During his meeting with journalists in Yangon, concerns were expressed over
difficulties in accessing information from local and central government officials. The
Special Rapporteur recommends the passing of a right to information act to address these
concerns.
21. He welcomes measures that have been taken to develop media plurality, which will
enable people to receive a wide range of information and ideas. Around 350 journals and
newspapers now exist in Myanmar, and from April 2013 private newspapers will be able to
publish daily editions. He emphasises that the criteria for granting such licences should be
reasonable and objective, clear, transparent and non -discriminatory.
22. The Special Rapporteur is concerned that reform of the broadcast media is lagging
behind, and that the same commendable bottom -up approach that the Government is taking
to reform the print media is not being applied to broadcast journalism. For instance, there
are currently no measures in place to ensure plurality of broadcast media, such as
community radio. Licensing regimes for broadcast media need to provide for an equitable
allocation of frequencies between public, commercial and community broadcasters. He
therefore recommends the establishment of an independent and public broadcasting
licensing authority with the power to examine broadcasting applications a nd to grant
licenses.
23. The Special Rapporteur is concerned that public broadcast news remains heavily
censored. He encourages the Government to take steps to ensure that public service
broadcasting operates in an independent manner with editorial freed om, including
providing funding in a manner that does not undermine its independence. The Government
should also prevent undue media dominance by privately -controlled media groups that may
be harmful to a diversity of sources and views.
24. The Special Ra pporteur welcomes the increased freedom for Internet users, with
Internet café owners no longer receiving police visits and no longer required to keep logs of
the computers used by customers. However, he is concerned about the decision of
Parliament on 17 January to investigate the online activities of a blogger who had criticised
MPs’ amendments to the Constitutional Tribunal Law. He highlights that uninhibited
expression is particularly important in a democratic society for the purposes of public
debate on state institutions and figures in the public and political domain.

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D. Freedom of assembly and a ssociation
25. While welcoming the more open environment that people in Myanmar now enjoy to
assemble and demonstrate, the Special Rapporteur has concerns over the extent to which
this right is being respected. This is partly because of shortfalls in the 2011 Peaceful
Assembly and Peaceful Procession Act and its associated by -law, as well as the problematic
implementation and enforcement of this legislatio n by state officials and police officers on
the ground.
26. The ongoing arrest and detention of people involved in peaceful protests reflects
shortcomings in the Peaceful Assembly and Peaceful Procession Act. If a peaceful
assembly or procession takes p lace without a permit from the authorities, article 18 of the
Act provides for a punishment of up to one year imprisonment and a fine of 30,000 kyat.
Furthermore, the Act is being used in conjunction with other laws, of which the Special
Rapporteur recomm ends the concurrent amendment. Failure to gain permission to hold an
assembly can result in two years imprisonment under articles 141 -3, 145, 151 and 505(b) of
the Criminal Code. The 1988 Law Relating to the Formation of Organisations provides
sentences of up to five years for people who participate in groups that, in broad and vague
terms, “attempt, instigate, incite, abet or commit acts that may in any way disrupt law and
order, peace and tranquillity, or safe and secure communications; [or] affect or d isrupt the
regularity of state machinery”. Furthermore, the 1908 Unlawful Associations Act
authorises the President to declare, at his discretion, any organisation to be unlawful.
Subsequently, anyone who is a member of an association declared to be unl awful or who
assists the operations of any such association can be imprisoned for between two and three
years.
27. On 21 September 201 2, 13 activists were arrested under the Act for leading a march
in Yangon on International Peace Day to voice their oppo sition over the ongoing war in
Kachin State, and in October, ten activists from Mandalay and Bago were charged under
the Act for participating in peaceful protests against electricity shortages in May. On 23
November 2012, four gold mine workers, Ye Yint Htun, Naing Win, Nay Aung Htet and
Saw Naung, were arrested for leading a march to Naypyitaw against the Government’s
decision to close the Moehti Moemi gold mine in central Myanmar. They were
subsequently sentenced to six months imprisonment by Pegu cour t on 3 January 2013 for
protesting without permission under article 18 of the Law, and article 505(b) of the
Criminal Code. On 26 November, eight activists, including former prisoner of conscience
Naw Ohn Hla, were arrested for protesting in Yangon agains t the expansion of the Monywa
copper mine in the Letpadaung mountain range in Sagaing region. They were charged
under the Act for protesting without a permit, and article 505 (b) of the Criminal Code. The
eight were subsequently released on bail on 11 De cember. On 13 December, four activists
in Mandalay and four activists in Monywa were arrested under article 18 of the Act in
connection with protests organised on 12 December to demand a halt to the project. On 18
January, the four activists in Mandalay were sentenced to one month in prison, but were
released as they had already spent over 33 days in prison after their arrest.
28. The Special Rapporteur emphasises that imprisonment for participating in a peaceful
assembly, procession or march is not an ap propriate punishment and urges the amendment
of these laws accordingly.
29. The Act states that people should apply for permission to exercise their right to
peaceful assembly five days in advance. This provision is currently being used by State
officials to place unnecessary and disproportionate restrictions on freedom of assembly,
with permits for assemblies being granted and denied arbitrarily and on political grounds.
The Special Rapporteur therefore recommends that the Act be amended to bring it int o line
with international standards. Rather than a requirement to gain permission for an assembly,

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organisers should instead be required only to notify authorities of plans to organise an
assembly so that the State is able to facilitate the exercise of th e right to freedom of
peaceful assembly, and ensure the protection of participants, public order, public safety and
the rights and freedoms of others.
30. The Special Rapporteur also has concerns over the police handling of protests. On
29 November, police attempted to clear the main protest site near the Monywa (Letpadaung
Taung) copper mine resulting in 73 people, including 67 monks, being injured, with around
30 persons suffering burn injuries. During his latest visit, the Special Rapporteur met w ith
participants in the protests, who described how incendiary devices had been used to
disperse crowds, resulting in serious injuries. In his meeting with the Home Affairs
Minister, the Minister denied that any incendiary devices had been used. The Spec ial
Rapporteur welcomes the establishment by the Government on 1 December 2012 of a
commission chaired by Aung San Suu Kyi to look into the Monywa copper mine protests,
and hopes that the report will help to clarify whether excessive force was used and wil l
recommend measures to bring any perpetrators to justice.
31. The Special Rapporteur also received reports that, on 23 November 2012, the four
miners from Moehti Moemi gold mine in Yemathin township (referred to above) were
assaulted and arrested by security forces while peacefully marching together with around
70 fellow protestors to Naypyitaw to protest the closure of their mine. Allegedly, around
100 police officers armed with sticks charged the group and beat the peaceful
demonstrators before arr esting the four miners.
32. To help address this issue, the Special Rapporteur recommends that the Peaceful
Assembly and Peaceful Procession Act, its associated by -law, and police regulations, are
amended to include provisions on the necessary and proporti onate use of force in
controlling public assemblies, as laid out by the U nited Nation s Basic Principles on the Use
of Force and Firearms by Law Enforcement Officials. Law enforcement officials should be
held liable by an independent and democratic oversig ht body, and by a court of law, for the
unjustified or disproportionate use of force or for failing to intervene when necessary to
prevent a violation of a person’s rights. Furthermore, he recommends more guidance and
capacity development for law enforcem ent officials in dealing with crowd control in
accordance with international standards. In this regard, he welcomes the openness shown
by the Home Affairs Minister during their meeting to engage with the international
community in ensuring that law enforc ement personnel are abiding by international
standards.
E. Economic, social and cultural rights
33. The Special Rapporteur notes progress in the Government’s efforts to promote
socio -economic development and economic growth. The National Economic and Social
Advisory Council, established in June 2012, has drafted a framework for further socio –
economic reforms, which is to be approved by the national planning commission shortly.
President Thein Sein has publicly committed to halve the rate of poverty an d hunger by
2015 and to use the more than six billion dollars in debt relief recently granted to Myanmar
for poverty alleviation, and the construction of schools, hospitals and power generation.
The Special Rapporteur highlights the importance of focussing on the right to education in
the country’s democratic transition, and refers to his previous analysis and
recommendations on this right (A/HRC/16/59).
34. The Special Rapporteur highlights that now is the time to put in place a human
rights based approach to development to ensure that the flow of investment and opening of
businesses is directed towards ensuring the realisation of the human rights of the people of
Myanmar. In addition to ensuring the effective implementation of core international human

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rig hts and labour standards, the Special Rapporteur also urges the Government to
implement the Guiding Principles on Business and Human Rights and use the Principles for
Responsible Contracts in the development and negotiation of investment contracts with the
private sector.
35. The Special Rapporteur is concerned by increasing reports and allegations of
violations of land and housing rights across the country. While there are no clear data, land
confiscations reportedly increased in 2012, particularly to cl ear areas for infrastructure
projects and natural resource exploitation. He also notes allegations of the involvement or
collusion of security forces, the police, local Government officials and private businesses.
Notably, the majority of complaints rece ived by the MNHRC and the Parliamentary Rule of
Law Committee head ed by Aung San Suu Kyi are related to land disputes and land
confiscations. Farmers and civil society activists across the country have been protesting
against land confiscations, including the continued demonstrations against the Letpadaung
copper mine mentioned above. Farmers, often with no documentation to prove land
ownership, face harassment or are arrested if they resist eviction (see A/67/383 for further
analysis and recommendations ). Parliament has established a commission to deal with land
confiscations, and he encourages it to make public the results of its work.
III. Conflict and the situation of ethnic minorities
36. The Special Rapporteur has previously highlighted concerns regarding the ongoing
conflict and tensions in ethnic border areas, including the increased troop presence in
various States, which have engendered human rights violations such as forced labour,
portering and sexual violence.
37. The Special Rapporteur ha s followed closely developments in Kachin and Northern
Shan States and is concerned by the allegations he continues to receive of attacks against
civilian populations, extrajudicial killings, sexual and gender -based violence, arbitrary
arrest and detention , as well as torture. He has also received allegations of the use of
landmines, the recruitment of child soldiers, as well as forced labour and portering
committed by all parties to the conflict. He notes continuing reports of arrests of ethnic
Kachin me n suspected to have links with the Kachin Independence Organization (KIO) or
the KIA (mostly made under the Unlawful Associations Act, the Explosive Substance Act
and the Emergency Provisions Act) and the torture of suspects to extract confessions. In
Feb ruary, the Special Rapporteur received similar allegations when he visited camps for
internally displaced persons (IDPs) in Myitkyina (the two Jan Mai Kaung camps) and
Waingmaw (the Thargaya and Lavoa camps). In Myitkyina Prison he met with Brang
Shawng a nd Manam Tu, both ethnic Kachin men arrested in Kachin IDP camps and
detained and charged on suspicion of belonging to the KIA. He has serious concerns that
both were tortured by the military during interrogation to extract false confessions.
38. The S pecial Rapporteur is concerned by reports that a number of civilians were
killed ( 26 between September 2012 and February 2013 ) and that an estimated 2,000
persons were newly displaced (since November 2012 ) as a result of the recent escalation of
the confli ct, with the military reportedly using air power and heavy artillery to attack targets
in and around Laiza.
39 . Following talks in China, the Government and the KIO issued a Joint Statement on 6
February and agreed to work on an overall framework for the de-escalation of the conflict
and to establish a monitoring mechanism in this respect. The Special Rapporteur joins the
Secretary -General in welcoming this development and urges all parties to continue dialogue
towards genuine and sustainable peace in Ka chin State. He also renews his call on the

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Government and all armed groups to ensure the protection of civilians during armed
conflict and to respect international human rights and humanitarian law.
40. An estimated 75,000 people remain displaced to date and approximately 40,000
among them are displaced in KIA/KIO -controlled areas, which United Nations convoys
have not been able to access since July 2012. While community -based and faith -based
organizations continue to provide humanitarian assistance in n on -Government controlled
areas, the Special Rapporteur was informed that the humanitarian needs in these camps are
significant and that local organizations are facing shortages in supplies. He urges the
Government to ensure quick implementation of its rec ent commitment to allow the United
Nations and international organizations access to provide humanitarian assistance to all
conflict -affected areas in Kachin State.
41. The Government has continued its dialogue with other armed groups on the basis of
Pres ident Thein Sein’s roadmap to achieving peace. A Union Peace -making Central
Committee was established in May 2012 as well as a Myanmar Peace Centre in June to
streamline negotiations, address post -ceasefire needs and consolidate peacebuilding
activities. Continuing dialogue since preliminary ceasefire agreements were concluded
with ten ethnic armed groups last year have resulted, for example, in the opening of liaison
offices in a number of ethnic border states, and the signing of a 27 -point agreement wit h the
Chin National Front (CNF) in December which, inter alia, provides for the introduction of
the Chin language in primary schools, the granting of licenses for newspapers and media
publications in the Chin language, the provision of basic services in Ch in State and the
establishment of a Chin human rights committee to report on human rights violations to the
CNF, the MNHRC and the State Government.
42. The Special Rapporteur reiterates that any durable political solution must address the
root causes of the conflict and should address the particular concerns of ethnic minority
groups. He will closely monitor developments in ongoing political negotiations, in
particular how they address issues such as the disarmament, rehabilitation and reintegration
of former combatants; the verification and release of children recruited into armed groups;
assistance and support to those affected by the conflict, including landmine victims;
demining; poverty alleviation and socio -economic development in ethnic minority areas;
natural resource management, revenue -sharing and self -governance, including through a
possible review of the Constitution; the voluntary, safe and dignified return and
resettlement of refugees and internally displaced persons (see A/67/383) ; the pr omotion of
the rights of ethnic minorities; and a means of addressing continuing allegations of human
rights violations. As political negotiations move forward, he hopes that civil society and
affected communities, including women, will be fully consulted and involved in
peacemaking and peacebuilding processes. In all these areas, the Government should
continue to seek international assistance, including from OHCHR.
43. The Special Rapporteur is encouraged by reports that no new landmines were laid in
20 12, that agreements have been signed with international non -governmental organizations
for demining programmes, and that the Ministry of Social Welfare, Relief and Resettlement
has established a mine risk education programme. He remains concerned, however , that
injuries and casualties caused by landmines continue to be reported and have apparently
even increased, and that an estimated 5.2 million people live in areas contaminated by
landmines in Myanmar, which also causes severe psychological trauma. Addi tionally, he
continues to receive allegations of civilians being used as minesweepers by the military and
non -State armed groups. He welcomes steps taken by the Government to become party to
the Mine Ban Treaty and hopes for enhanced cooperation with inte rnational organizations
to develop a comprehensive plan to end the use of landmines, establish accurate data on
their location and use, ensure their systematic removal, and rehabilitate victims. In Kachin

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State, where armed conflict continues, he urges au thorities to begin the process of demining
in the areas where the conflict has ceased.
44. Following the signing of the Joint Action Plan in June 2012 to end the recruitment
and use of child soldiers, the Government released 42 underage recruits and mo nitoring by
the United Nations Task Force commenced. Additionally, ethnic armed groups, including
the Karenni National Progressive Party and the New Mon State Party signed agreements in
November with an international non -governmental organization to elimi nate the use of
child soldiers and to institute measures to protect children caught in conflict -affected areas.
Given that underage recruitment has reportedly not ce ased and continues to be practis ed by
the military and a number of armed groups, the Speci al Rapporteur reiterates that the
United Nations and other independent actors must be provided with access to recruitment
centres and conflict areas to monitor implementation of the Joint Action Plan.
45. The Special Rapporteur has also previously highlig hted systematic and endemic
discrimination faced by ethnic minority groups, including policies preventing the teaching
of minority languages in schools, restrictions on the freedom of religion or belief and
economic deprivation. For example, he continues to receive allegations of discriminatory
regulations and restrictions on the construction and renovation of Christian places of
worship in Chin State, the destruction of Christian crosses and the construction of Buddhist
places of worship using forced labo ur from Chin Christians. He also continues to receive
allegations of coerced conversions to Buddhism at the Government’s Border Areas
National Races Youth Development Training (Na Ta La) Schools across the country. He
renews his call for ethnic minoritie s to be granted fundamental rights, as enshrined in the
Declaration on the Rights of Persons Belonging to National or Ethnic, Religious or
Linguistic Minorities.
IV. Situation in Rakhine State
46. The Special Rapporteur believes that Rakhine State is goin g through a profound
crisis that threatens to spread to other parts of the country and has the potential to
undermine the entire reform process in Myanmar. Both Muslim and Buddhist Rakhine
communities continue to suffer the consequences of violence that t he Government has
finally been able to control, though question marks remain over the extent to which
excessive force has been used.
47. Since the Special Rapporteur’s report to the General Assembly last year, a new wave
of violence in October saw a furth er 37,000 displaced, the vast majority of whom were
Rohingya but with Kaman Muslims also targeted. The current number of internally
displaced persons in Rakhine State now stands at approximately 120,000.
48. The Presidential Announcement 2/ 2012 of 31 O ctober 2012 stated that from 21 to
30 October 2012, 89 people were killed (bringing the total to nearly 200 deaths), 136
wounded and 5351 houses burnt down. There have also been ongoing allegations of
harassment, arbitrary arrests, arbitrary restriction o f movement, destruction of places of
worship and restrictions on religious worship. The 27 -member Investigation Commission
set up by the President on 17 August 2012 to investigate the violence was originally due to
present its report on 16 November 2012, but is now scheduled to present its report on 31
March 2013.
49 . The Special Rapporteur continues to receive widely divergent information on the
scale of human rights violations in Rakhine State, particularly with regard to the number of
deaths, injuri es and victims of sexual assault committed during the violence. He reiterates
the importance of the Investigation Commission’s report addressing the issue of human
rights violations in Rakhine State. If, following the publication of this report, allegati ons of

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human rights violations are not properly addressed, the Special Rapporteur offers his
support to the Government to pursue further investigations and recommends that the
Government consider asking OHCHR to support fact finding and monitoring in Rakhi ne
State, in addition to supporting ongoing humanitarian efforts. He emphasises that
establishing the truth of what has happened and holding those responsible to account will
be integral to reconciliation and re -establishing trustful and harmonious relati ons between
communities.
50. The Special Rapporteur visited IDP camps in Sittwe (Min Gan and Thet Kal Pyin
camps), Pauk Taw (Kyine Ni Pyin camp) and Myebon (Taung Paw camp). He
acknowledges the Government’s efforts and collaboration with the United Nati ons and
humanitarian organisations to improve the conditions in these camps since his visit last
August, including the provision of food, shelter and access to water and sanitation.
51. He is concerned, however, about the lack of adequate health care in the larger
Muslim camps, which he saw in Taung Paw camp , and urges the central and state
authorities to ensure that adequate medical care is provided to all IDP camps. He notes that
this is not just a matter of lack of resources, but requires the safe pa ssage of humanitarian
assistance to these camps. He learnt during his recent visit that local and international
medical staff are unable to provide medical care to some of the Muslim camps due to the
threats and harassment they face from local Rakhine Bud dhist communities. The Special
Rapporteur urges the local authorities to send a clear message through their networks that
the harassment of staff is not acceptable.
52. The Special Rapporteur is concerned that, with the rainy season approaching in May
and question marks over the maintenance of donor support, concerns over food and water
may again resurface. He therefore urges the Government to ease restrictions on freedom of
movement of persons inside the Rohingya IDP camps in order to ease dependency on aid
by enabling people to fish, tend their land, and engage in trade and financial transactions.
Easing restrictions on freedom of movement is also important for the mental health and
human dignity of the people in these camps. This was highlighted to th e Special
Rapporteur during his visit to Taung Paw camp, which he described as feeling more like a
prison than an IDP camp. In addition to easing restrictions on freedom of movement, the
Government needs to take steps to reassure the people that it is not intending to make these
camps permanent segregated settlements by consulting with them on plans for their
voluntary return to their villages or relocation in Rakhine State. The coming rainy season
in May, which will flood many of these camps, further inc reases the urgency of relocation
in order to avoid a humanitarian disaster.
53. The Special Rapporteur has received reports that Muslim villagers, particularly in
northern Rakhine State, have had their freedom of movement restricted by security forces,
inc luding Nasaka, to the point where they cannot access food or their livelihoods. He urges
the Government to take immediate steps to ease these restrictions.
54. Throughout his mandate, the Special Rapporteur has received a large number of
allegations of h uman rights violations committed by Nasaka. In view of the ongoing
seriousness of these allegations, particularly against the Muslim community during the
recent violence, he urges the Government to fundamentally reform this border security
force and, in t he meantime, suspend all of Nasaka’s operations in Rakhine State.
55. Speaking to IDPs, community leaders and local officials during his latest visit, the
Special Rapporteur is aware that feelings of fear, distrust, hatred and anger remain h igh
between communities. To address this requires leadership from the Government to end the
stigmatisation of the stateless population in Rakhine State. It also requires education,
responsible local journalism, and mutually respectful dialogue between co mmunity leaders
in which both sides are willing to make compromises to find solutions. During his visit to

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Sittwe, the local authorities organised a discussion between Muslim and Buddhist
community leaders. He urges local authorities to do more to promot e such dialogue.
56. The Special Rapporteur highlights that mutually respectful dialogue cannot occur
while discrimination based on grounds of ethnicity and religion remains unaddressed. As
stated in previous reports, there exists in Rakhine State endemic discrimination against the
estimated 800,000 members of the Rohingya Muslim community. The lack of a legal status
of the Rohingya effectively gives state sanction to this discrimination, denying them access
to many of their basic human rights. He reiterates his recommendation to Parliament that
the 1982 Citizenship Act be amended to ensure that all persons in Myanmar have equal
access to citizenship and are not discriminated against on grounds of ethnicity or religion.
In the meantime, the curren t Act should be applied in a non -discriminatory manner to
enable those with a just claim to citizenship to claim it on an equal basis with others.
Immediate measures should be taken to remove other discriminatory regulations applied to
Rohingyas, includin g with regard to marriage, freedom of movement, registration of new
born children, and access to education and employment.
57. During his latest mission, the Special Rapporteur visited Sittwe Prison and met with
Tun Aung as well as other Muslim and Buddh ist p risoners. He believes that Tun Aung is a
prisoner of conscience who must be released immediately (see Annex I) , and that such a
move is important to demonstrate that Myanmar has made a break from the past and no
longer imprisons people for political reasons.
58. The Special Rapporteur notes reports that more than 1,100 persons have been
detained in relation to the violence in June and October; the vast majority of whom he
understands are Rohingya men and boys. He remains concerned about their possi ble
arbitrary arrest and their conditions of detention and treatment; particularly those from the
Rohingya community in Buthidaung Prison, who he believes are especially vulnerable to
human rights violations. He is concerned over the possible torture and ill treatment of
detainees, as well as the violation of due process rights, including access to legal counsel,
judicial control over arrest, guarantees of habeas corpus, pre -trial detention as the exception
rather than the norm, and the right to be tried w ithout undue delay. In this context, he
recommends that independent monitoring groups, both local and international, be provided
with access to places of detention throughout Rakhine State, but in particular Buthidaung
Prison, to verify the conditions and treatment of persons detained, as well as to courts for
trial monitoring.
59 . The Special Rapporteur notes that, since his previous report, all United Nations staff
detained in relation to the violence in Rakhine State have been released. However, he
rem ains concerned that the four INGO workers referred to in this same report remain in
detention in Buthidaung Prison, and reiterates that the charges against them are unfounded
and that their due process rights have been denied and calls for their immediate and
unconditional release.
60 . While acknowledging the efforts made by neighbouring countries to assist the
Rohingya community, the Special Rapporteur reiterates the responsibility of states to
respect and protect the human rights of all people within the ir borders, regardless of
whether they are recognised as citizens. The responsibility of neighbouring states has again
been highlighted with the taking to the sea by thousands of Rohingyas, expected to number
20,000 between October 2012 and April 2013. H e has received reports of the subsequent
deaths of hundreds of people through drowning, including on 4 December 2012 when a
boat carrying 200 Rohingyas sunk in the Bay of Bengal, resulting in a reported 160 deaths.
He has received reports of the involveme nt of security officials in both Myanmar and
receiving countries at every stage of the journey. The fact that Rohingyas put their lives at
risk to take to the seas in unseaworthy boats itself indicates the extent of their suffering in
Myanmar. In this co ntext, he draws attention to the “non -refoulement” principle under

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international law, which requires states not to return anyone to a place where their life or
freedom would be at risk. Furthermore, Governments should ensure that the rights of
Rohingyas, including access to healthcare, are respected and that the Office of the United
Nations High Commissioner for Refugees (UNHCR) is provided with unhindered access to
determine whether they are seeking asylum and whether they qualify for refugee status.
Sta tes should not push Rohingyas back out to sea or across land borders or arrest them.
Immediate steps should also be taken by states to address allegations of trafficking and
corruption. He reiterates that, in view of the regional dimensions, the Associat ion of
Southeast Asian Nations (ASEAN) should play a more proactive role in helping to identify
solutions.
V. Democratic transition and establishing the rule of law
61. Parliament opened its sixth regular session on 9 January 2013, and was scheduled to
approve the budget for the 2013 to 2014 fiscal year. The fifth regular session of the
Parliament was held from 18 October to 22 November 2012, during which a new foreign
investment law was adopted. Parliamentary debates took place, inter alia, on the
Govern ment’s response to the renewed violence in Rakhine State and the provision of
humanitarian assistance to IDPs in Kachin State. On 7 November, Speaker of the Upper
House, Khin Aung Myint, announced that Parliament would not consider a proposal to
amend the 1982 Citizenship Law as several MPs had objected. Parliament set up
independent commissions to look into the social and environmental impact of the Monywa
copper mine in Sagaing Division, and to investigate land confiscations. On 15 November,
the Audito r General presented his report to Parliament, which contained findings
concerning the misuse of funds (including, in some instances, embezzlement) by 15
government ministries during the 2011/2012 fiscal year. Parliament began drafting an
Anti -Corruption L aw, with support from UNODC and UNDP, and on 20 December 2012
ratified the UN Convention against Corruption, which entered into force on 19 January
2013.
62. On 26 December 2012, the President announced the third step of the country’s
reform process since March 2011: administrative reform, focussing on transparency,
efficiency, good governance and tackling corruption. This follows what the Government
has described as the first step (political reform and national reconciliation) and the second
step (economi c reform) of the reform process. On 22 January, the President signed into law
the Constitutional Tribunal Amendment Bill, which allows Parliament to challenge the
Tribunal’s decisions and requires the President to consult with the two Speakers of
Parliame nt before appointing the Tribunal’s Chair.
63. The Special Rapporteur sees no evidence that the judiciary is developing any
independence from the executive branch of government. While acknowledging that this
will take time, he reiterates that an indepen dent judiciary lies at the very heart of a system
of government that respects the rule of law. He urges the Government to pay more
attention to this aspect in Myanmar’s reform process, on which he has made previous
recommendations (see A/66/365, A/67/383, A/HRC/19/67).
64. The Special Rapporteur reiterates the importance of the Government taking
measures to improve the capacity of judges, including with regard to the incorporation of
international human rights standards into judgements. He notes that c ourses are currently
being run for the country’s over one thousand judges by the Attorney General’s Office and
the Supreme Court, and recommends that modules on human rights and the United Nation’s
Basic Principles on the Independence of the Judiciary are fully incorporated into these
trainings.

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65. The Special Rapporteur encourages the Supreme Court to utilise its constitutional
powers to help infuse a culture of respect for human rights within the courts system and
state institutions in general. One su ch means is through the greater utilisation of the
constitutionally granted powers to issue writs of Habeas Corpus.
66 . In terms of improving people’s access to justice, the Special Rapporteur notes
Myanmar’s constitutional provisions which guarantee the right of every citizen to equality,
liberty and justice (article 21 (a)). However, he is still aware that the courts are not an
accessible or viable means for people to seek justice. He therefore recommends more
proactive measures to improve people’s und erstanding of their legal rights and improve
access to the courts and other relevant institutions as a means of redress, including through
the setting up of a system of legal aid and the establishment of citizens advice offices .
Furthermore, staff support to these offices can be supplemented through schemes which
enable university students to train as advisers to gain credits toward their degree.
67. The Special Rapporteur was encouraged by Supreme Court decisions in 2012 which
reinstated 11 of the 32 lawyers he had cited in his previous report as being disbarred for
political reasons, and continues to follow progress on the remaining cases. However, he
remains concerned about information he has received of the ongoing intimidation of
lawyers by sta te officials, including lawyers in Rakhine State seeking to provide legal
counsel to Muslim defendants, as well as the arbitrary revocation of licenses (with some
sources stating that 200 lawyers remain disbarred for political reasons). He reiterates his
recommendation regarding the establishment of a strong and independent bar council,
which will help to increase the protection of lawyers and improve the training and
education of lawyers in the application of international human rights law at the domestic
level. He will follow with interest progress in amending the Bar Council Act and Legal
Practitioners Act.
68. The Special Rapporteur urges the Attorney General’s Office to ensure that state
prosecutors play a role in protecting the rights of suspects by acting as a check on the
practices of the police in their interrogation of suspects and collection of evidence.
69 . The Special Rapporteur notes the important and evolving role of Myanmar’s
Parliamentary Committees. The Bills Committees of the Upper an d Lower Houses are
constitutionally mandated to vet draft legislation and report their findings to the joint
session of Parliament. Both Houses also have committees that deal with the fundamental
rights outlined in chapter VIII of the Constitution. He en courages one of these committees
to establish itself as the focal committee for ensuring that all new legislation is vetted to
ensure it is line with Myanmar’s international human rights obligations.
70. Following his meeting with the Attorney Gene ral, the Special Rapporteur was
encouraged to learn that relevant Ministries, the Attorney General’s Office and Parliament
were considering reforms to a number of laws he had previously highlighted as not being in
line with international human rights stand ards (see A/67/383). He reiterates his
recommendation that target dates be set for the conclusion of the review, and urges proper
attention to ensuring the amendments successfully bring the laws into line with
international human rights standards.
71. Regarding legislative reform in general, the Special Rapporteur reiterates the
importance of a structured and coordinated process, in which new legislation is made public
and widely disseminated to allow for meaningful consultation with relevant stakeholder s,
including civil society. Furthermore, sufficient time should be given to Parliament to
properly consider the draft legislation.
72. During his meeting with the members of the Myanmar National Human Rights
Commission (MNHRC) on 13 February 2013, the Special Rapporteur heard about the seven
field investigatory trips undertaken by the Commission and the 2,868 complaints it had

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received over the past year. The Commission had subsequently followed up on 830
complaints with the relevant Government Minist ries and had received 51 responses (action
was taken by the Ministries concerned on 33 cases). The Chair acknowledged that this
response rate was not satisfactory and that the Ministries needed to be educated on the
complaints mechanism and their oblig ations in terms of response. The Special Rapporteur
encourages the MNHRC to make this information public in its Annual Report, particularly
with regard to the recommendations that have been made on individual cases and the follow
up that has occurred from th e Government. He also encourages the Government to
promptly act on complaints brought to its attention.
73. The Special Rapporteur notes that the enabling law of the MNHRC has not yet been
passed, which he hopes will happen soon to bring the MNHRC i nto line with the Paris
Principles, including with regard to the independence of commissioners, adequate and
independent resources and the provision of a full mandate to promote and protect human
rights.
74. Regarding the implementation of many of thes e recommendations, the Government
would benefit from further extending engagement with relevant United Nations agencies,
particularly OHCHR. The Special Rapporteur therefore welcomes the Government’s
invitation on 18 November 2012 to OHCHR to establish an Office in Myanmar. He notes
that consultations on the host country agreement have begun, and encourages the
Government to expedite the process of ensuring the establishment of an OHCHR Country
Office with a full mandate.
75. During his latest visit, the Special Rapporteur discussed the need for constitutional
reform with a range of stakeholders. He highlights that the current Constitution contains a
number of provisions that could undermine the rule of law and fundamental human rights,
which have been ou tlined in previous reports (see HRC/13/48, A/13/48, A/66/365). He was
encouraged that there was open discussion about the importance of the Constitution
reflecting the needs and aspirations of the Myanmar people, and that it could be changed if
the people desired it. Ethnic minority groups have also stressed to the Special Rapporteur
the need for constitutional reform to reflect their desire for more control over their own
affairs, and that this will be crucial for the consolidation of ceasefire and polit ical
agreements.
76. The Special Rapporteur emphasises that, in order for the rule of law to exist, the
laws of the land should be in line with international human rights standards, and these laws
should be applied equally to all persons, institutions an d entities, including the military.
Subsequently, he reiterates the need for civilian control of the military as fundamental to
any democracy that upholds the rule of law. He recommends the amendment of
constitutional provisions which, inter alia, provid e for the establishment of permanent
military tribunals (article 293 (b)), separate from oversight of the civilian justice
mechanisms, for which the Commander -in-Chief exercises appellate power (article 343
(b)); stipulate that no proceeding shall be broug ht against any member of the Government
in respect of any act done in the execution of their duties (article 445), effectively providing
the military with immunity for human rights violations that may have been committed;
allow for military appointees to o ccupy 25 per cent of seats in Parliament (articles 74, 109
(b), 141 (b)), which also effectively provides the military with a veto on Constitutional
amendments.
77 . The Special Rapporteur highlights the important role that the Constitutional Tribunal
can play in bringing the Constitution into line with international human rights standards,
through its mandate to interpret the provisions of the Constitution.

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VI. Truth, justice and accountability
78. The Special Rapporteur continues to highlight that addr essing grievances from
decades of human rights violations and acknowledging victims’ suffering will prevent
future violations and will further democratic transition and national reconciliation.
Measures to ensure justice and accountability, and access to truth, must therefore remain
part of Myanmar’s reform agenda. While there are many ways to ensure that justice is
dispensed, accountability established and impunity averted, the primary responsibility rests
with the Government of Myanmar.
79 . During his latest visit, the Special Rapporteur continued to discuss with different
stakeholders, including members of Parliament, the idea of addressing truth, justice and
accountability through the creation of a truth commission at the parliamentary level.
80. The re are no defined models and every truth commission is unique, responding to
national needs and set in the cultural context. Truth commissions are not substitutes for
more formal judicial accountability for the most serious violations and should not be
afforded powers of amnesty incompatible with international law.
81. The Special Rapporteur acknowledges that this idea will take time to take hold and
will be up to the people of Myanmar to develop. As a first step, there should be broad
consultation with a ll relevant stakeholders in Myanmar, including victims of violations, in
order to get their advice and views on the feasibility and desirability of a truth commission ,
and subsequently on how it could be shaped. Parliament, as the only multi -party and mul ti-
ethnic public institution, can be an appropriate body to engage on this difficult but
necessary task. The MNHRC should also assume a role in taking this proposal forward.
VII. Conclusions
82. Continuing reforms in Myanmar are resulting in ongoing i mprovements to the
human rights situation. Important changes have taken place, such as legislative
reform, but sometimes not to the point where international human rights standards
are met.
83. There remains a large gap between reform at the top and imp lementation on
the ground. While acknowledging that it will take time to close this gap, this should
not be used as an excuse to avoid taking necessary steps, such as the capacity
development of police, army, judges and lawyers.
84. While the process o f reform is continuing in the right direction, there are
significant human rights shortcomings that remain unaddressed, such as
discrimination against the Rohingya in Rakhine State and the ongoing human rights
violations in relation to the conflict in Kach in State. The Special Rapporteur believes
that now is the time to address these shortcomings before they become further
entrenched and destabilise the reform process.
85. The Special Rapporteur believes the continuing existence of his mandate is vital
to highlight these concerns and support the Government in addressing them. It helps
to remind the international community of the importance of prioritising human rights
in its bilateral relations with Myanmar. And ultimately, it provides a positive
contribu tion to improving the situation of human rights for the people in Myanmar.

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VIII. Recommendations
86 . All prisoners of conscience should be released im mediately and unconditionally.
87. The Commission to grant liberty to remaining prisoners of conscience should
include all relevant stakeholders, including civil society and former prisoners of
conscience, and should be established as a permanent body to review future detentions
and be given a broad terms of reference to help ensure the rights of released p risoners
of conscience are respected.
88. To address the ongoing practice of torture in places of detention, the
Government should:
(a) Prosecute allegations of torture by police and army personnel through
the criminal justice system;
(b) Ensure human righ ts training programmes for police officers and prison
officials, and develop the capacity of other relevant public officials, including judges
and doctors, who can intervene on suspected cases of torture;
(c) Continue the good cooperation with the ICRC;
(d) Provide national and other international monitoring groups with access
to places of detention;
(e) Prioritise the ratification of the Convention against Torture and other
Cruel, Inhuman or Degrading Treatment of Punishment, and its Optional Protocol;
(f) Invite the Special Rapporteur on torture and other cruel, inhuman or
degrading treatment or punishment to conduct a country visit;
(g) Improve healthcare in prisons;
(h) Adopt and implement a new Prisons Law to help address concerns over
the use of solit ary confinement, transfers to remote prisons and non -judicial
punishment.
89 . To continue progress in improving media freedom, the Government should:
(a) Remove the power of the Copyright and Registration Division to
summon journalists for questioning an d suspend publications;
(b) Reform the registration process for print publications, so that the
granting and revocation of licences cannot be used as a tool for censorship;
(c) Pass a right to information act;
(d) In addition to passing a new media law, review the proposed Printing
and Publishing Enterprise Law and reform the Electronic Transactions Law (2004),
the Motion Picture Law (1996), the Computer Science Development Law (1996), the
Television and Video Law (1985), the Printers and Publishers Regis tration Act (1962),
the Wireless Telegraphy Act (1933), the Emergency Provisions Act (1950), and the
State Protection Act (1975) to bring them into line with international human rights
standards;
(e) Establish an independent and public broadcasting licensi ng authority
with the power to examine broadcasting applications and to grant licences;
(f) Ensure public service broadcasting operates independently with editorial
freedom, including through a system of funding that does not undermine
independence;

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(g) Prevent undue media dominance by privately controlled media groups.
90. To address shortcomings in reforms relating to the right to peaceful assembly
and association, the Government should:
(a) Amend the 2011 Peaceful Assembly and Peaceful Procession Act (a nd
the implementing rules and regulations), including article 18 which provides for a one
year jail term for permit violations. Ensure provisions are added on the necessary
and proportionate use of force in controlling public assemblies, as laid out by th e
United Nations Basic Principles on the Use of Force and Firearms by Law
Enforcement Officials;
(b) Amend other problematic legislation, including articles 141 -3, 145, 151
and 505 (b) of the Criminal Code, the 1988 Law Relating to the Formation of
Orga nisations and the 1908 Unlawful Associations Act;
(c) Ensure the commission established to look into the Monywa copper mine
protests establishes whether excessive force was used by the police;
(d) Ensure law enforcement officials are held liable by a cour t of law for the
unjustified or disproportionate use of force;
(e) Instigate capacity development for law enforcement officials in
facilitating public assembly and dealing with crowd control in accordance with
international standards.
91. In relation to economic, social and cultural rights, the Government should:
(a) Integrate human rights in national development policies through
applying a human rights based approach and implement the Guiding Principles on
Business and Human Rights;
(b) Ensure the prote ction of land and housing rights, including through
impact assessments prior to development projects, consultation with affected
individuals and communities, the provision of adequate restitution and compensation,
and the conferment of legal security of te nure.
92. Regarding conflict and the situation of ethnic minorities, the Special
Rapporteur:
(a) Urges all parties to continue dialogue towards genuine and sustainable
peace in Kachin State;
(b) Calls on the Government and all non -State armed groups to en sure the
protection of civilians during armed conflict and to respect international human
rights and humanitarian law;
(c) Urges the Government to investigate allegations in Kachin State of the
continued arrest and torture during interrogation of ethnic Ka chin men suspected of
belonging to the KIA.
93. Furthermore, the Government should:
(a) Ensure quick implementation of its recent commitment to allow the
United Nations and international organisations access to provide humanitarian
assistance to all confli ct-affect areas in Kachin State;
(b) Ensure civil society and affected communities, including women, are
fully involved and empowered in peacebuilding processes that address the root causes
of the conflicts, including issues of self -governance;

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(c) Ratify the Mine Ban Treaty and immediately begin the process of
demining;
(d) Provide the United Nations and other independent actors with access to
recruitment centres and conflict areas to monitor the implementation of the Joint
Action Plan to end the use of c hild soldiers;
(e) Ensure that the safe and dignified return of refugees, asylum seekers and
internally displaced is done with the free, prior and informed consent of affected
individuals;
(f) Ensure full respect for the human rights of ethnic minorities, as
enshrined in the Declaration on the Rights of Persons Belonging to National or Ethnic,
Religious or Linguistic Minorities.
94. In addition to the recommendations in report A/67/383, to address the situation
in Rakhine State the Government should:
(a) Ensure the Investigation Commission addresses human rights violations
that have occurred since the June 2012 violence;
(b) Ensure that the perpetrators of human rights violations are brought to
justice;
(c) Suspend all operations of Nasaka in Rakhine State and introduce
fundamental reforms to this border security force;
(d) Ensure adequate medical care is provided to persons in all IDP camps;
(e) Ease restrictions on freedom of movement of persons inside the IDP
camps and in villages;
(f) Consult with the m embers of the IDP camps on, and take steps towards,
their voluntary return to their villages or relocation to integrated communities within
Rakhine State;
(g) Make greater efforts to ensure dialogue and reconciliation between
community leaders;
(h) Amend the 1982 Citizenship Act to ensure that all persons in Myanmar
have equal access to citizenship and are not discriminated against on grounds of
ethnicity or religion;
(i) Ensure that the 2014 census includes all ethnic and religious minority
communities in Myanmar, including the Rohingya;
(j) Remove discriminatory regulations applied to Rohingyas, including with
regard to marriage, freedom of movement, registration of new born children and
access to education and employment;
(k) Release Tun Aung from Sitt we Prison immediately and unconditionally;
(l) Release the four INGO workers from Buthidaung Prison immediately
and unconditionally;
(m) Provide independent monitoring groups with access to places of
detention in Rakhine State, and in particular to Buthid aung Prison to investigate
allegations of torture, mistreatment and extra -judicial killings, as well as to courts for
trial monitoring.

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95 . Regarding democratic transition and establishing the rule of law, the
Government should:
(a) Develop the independen ce of the judiciary from the executive branch of
government;
(b) Develop the capacity of judges, including through the incorporation of
the United Nation’s Basic Principles on the Independence of the Judiciary into
training programmes;
(c) Set up a system of legal aid and establish citizens’ advice offices;
(d) Establish a strong and independent bar council;
(e) Designate a parliamentary committee as responsible for vetting all new
legislation to ensure it is in line with Myanmar’s international human rig hts
obligations;
(f) Set target dates for the conclusion of the review of laws that contravene
international human rights standards, including those mentioned in this report;
(g) Seek further technical cooperation from relevant United Nations
agencies to support legal and judicial reform;
(h) Expedite the establishment of an OHCHR country office with a full
mandate.
96. The Supreme Court should utilise its constitutional powers to issues writs to
help ensure the protection of human rights.
97. The Attor ney General’s Office should ensure that state prosecutors play a role
in protecting the rights of suspects by acting as a check on the practices of the police
in their interrogation of suspects and collection of evidence.
98 . Finally, Parliament should:
(a) Amend the Constitution to bring it into line with international human
rights standards, and ensure civilian control over the armed forces;
(b) Expedite the consideration and adoption of an enabling law for the
Myanmar National Human Rights Commission t o bring it into line with the Paris
Principles;
(c) Initiate a process of consultation with all relevant stakeholders on the
feasibility and desirability of establishing a truth commission .

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Annex
[English only] Communications during the reporting perio d
The Special Rapporteur sent seven individual and joint communications between
September and November 2012: an urgent appeal, dated 12 September 2012, regarding the
detention of a U nited Nations official and four INGO staff in relation to the violence i n
Rakhine State; an urgent appeal, dated 19 September 2012, regarding the treatment and
condition of the reported 858 persons detained in relation to the violence in Rakhine State;
a joint urgent appeal, dated 2 October 2012, with the Special Rapporteurs o n the promotion
and protection of the right to freedom of opinion and expression, on the rights to freedom of
peaceful assembly and of association and on the situation of human rights defenders,
concerning the charges brought under section 18 of the new La w on Peaceful Assembly and
Peaceful Procession against activists involved in peaceful demonstrations on International
Peace Day; a joint allegation letter, dated 22 October 2012, with the Special Rapporteurs on
the rights to freedom of peaceful assembly an d of association, on freedom of religion or
belief, on contemporary forms of racism, racial discrimination, xenophobia and related
tolerance and the Independent Expert on minority issues, concerning allegations of
discriminatory restrictions and systematic violations of the right to freedom of religion or
belief of Chin Christians; a joint allegation letter, dated 8 November 2012, with the Special
Rapporteur on violence against women, its causes and consequences , following up on a 30
December 2011 communica tion, regarding the alleged abduction and rape of Ms. Sumlut
Roi Ja by military personnel in Kachin State; a joint urgent appeal, dated 29 November
2012, with the Chair -Rapporteur of the Working Group on Arbitrary Detention and the
Special Rapporteurs on t orture and other cruel, inhuman or degrading treatment or
punishment, on the right of everyone to the enjoyment of the highest attainable standard of
physical and mental health and on the independence of judges and lawyers, regarding the
alleged violation of fair trial and due process rights as well as concerns over access to
medical care of Dr. Tun Aung (chair of the Islamic Religious Affairs Council in Rakhine
State and a practising medical doctor) in Sittwe Prison ; and a joint urgent appeal, dated 30
Nov ember 2012, with the Chair -Rapporteur of the Working Group on Arbitrary Detention
and the Special Rapporteurs on the promotion and protection of the right to freedom of
opinion and expression, on the rights to freedom of peaceful assembly and of associatio n
and on the situation of human rights defenders, regarding the arrest and alleged excessive
use of force against peaceful protestors demonstrating over the Moehti Moemi gold mine
and the Monywa copper mine. By the end of January 2013, the Special Rapport eur had
received one reply to the above -mentioned communications; on 26 December 2012 to the
29 November 2012 communication.