31/13 Report of the Working Group on the Universal Periodic Review - Myanmar

Human Rights Council Thirty-first session

Agenda item 6

Universal periodic review

Report of the Working Group on the Universal Periodic Review*

Myanmar

*

The annex is being circulated in the language of submission only.

Contents

Page

Introduction ...................................................................................................................................... 3

I. Summary of the proceedings of the review process ......................................................................... 3

A. Presentation by the State under review .................................................................................... 3

B. Interactive dialogue and responses by the State under review ................................................. 4

II. Conclusions and/or recommendations .............................................................................................. 12

Annex

Composition of the delegation ......................................................................................................... 30

Introduction

1. The Working Group on the Universal Periodic Review, established in accordance

with Human Rights Council resolution 5/1, held its twenty-third session from 2 to 13

November 2015. The review of Myanmar was held at the 9th meeting on 6 November

2015. The delegation was headed by the Attorney General of the Union, Tun Shin. At its

14th meeting, held on 10 November 2015, the Working Group adopted the report on

Myanmar.

2. On 13 January 2015, the Human Rights Council selected the following group of

rapporteurs (troika) to facilitate the review of Myanmar: Ghana, Maldives and the United

States of America.

3. In accordance with paragraph 15 of the annex to Human Rights Council resolution

5/1 and paragraph 5 of the annex to Council resolution 16/21, the following documents

were issued for the review of Myanmar:

(a) A national report submitted/written presentation made in accordance with

paragraph 15 (a) (A/HRC/WG.6/23/MMR/1);

(b) A compilation prepared by the Office of the United Nations High

Commissioner for Human Rights (OHCHR) in accordance with paragraph 15 (b)

(A/HRC/WG.6/23/MMR/2);

(c) A summary prepared by OHCHR in accordance with paragraph 15 (c)

(A/HRC/WG.6/23/MMR/3).

4. A list of questions prepared in advance by Belgium, the Czech Republic, Germany,

Liechtenstein, Mexico, the Netherlands, Norway, Slovenia, Spain, Sweden, Switzerland,

the United Kingdom of Great Britain and Northern Ireland and the United States was

transmitted to Myanmar through the troika. These questions are available on the extranet of

the Working Group.

I. Summary of the proceedings of the review process

A. Presentation by the State under review

5. The Attorney General stated that the constitutional Government of Myanmar, since

assuming its mandate in March 2011, had made positive advances in political,

administrative, social and judicial reforms.

6. The legislature, executive and judiciary were divided in accordance with the

principle of separation of powers. Those powers were shared among the Union, regions and

states and self-administered areas, observing the principles of democracy, including checks

and balances. Guarantees for human rights had been included in chapter VIII of the

Constitution.

7. An administrative reform coordination committee had been formed. Myanmar had

been implementing the Country Programme Action Plan with the United Nations

Development Programme to realize, inter alia, effective local governance for sustainable

and inclusive community development. The national human rights commission had been

reconstituted.

8. The Government had promulgated laws relating to economic reforms and updated

labour laws.

9. In the justice sector, knowledge had been disseminated through international

seminars. The Union Election Commission would be conducting free and fair elections, and

international observers from all over the world were in Myanmar. A national ceasefire

agreement with eight ethnic groups had been signed.

10. Internationally, Myanmar had held international legal forums and hosted the

Southeast Asian Games in 2013, the Bay of Bengal Initiative for Multi-Sectoral Technical

and Economic Cooperation summit in 2014, the twenty-fourth and twenty-fifth Association

of Southeast Asian Nations summits, the seventh summit of Cambodia, the Lao People’s

Democratic Republic, Myanmar and Viet Nam and the sixth Ayeyawady-Chao Phraya-

Mekong Economic Cooperation Strategy summit.

11. The Attorney-General emphasized that Myanmar was endeavouring to overcome

challenges by using its resources and strength. Myanmar was making every effort to

become a democratic society and, therefore, the international community was expected to

continue its constructive engagement with and assistance for Myanmar.

B. Interactive dialogue and responses by the State under review

12. During the interactive dialogue, 93 delegations made statements. Recommendations

made during the dialogue are to be found in section II of the present report.

13. The Sudan welcomed the delegation of Myanmar.

14. Sweden expressed concern about issues relating to women, the Rohingya ethnic

group, and health care within the country.

15. Switzerland expressed concern about allegations of human rights violations and

about the non-ratification of many international human rights instruments.

16. Thailand commended the progress made since the first universal periodic review, in

particular through constitutional and legislative reforms.

17. Timor-Leste encouraged Myanmar to redouble its efforts to prevent the escalation of

ethnic-based conflict.

18. Turkey expressed serious concern that Rohingya would be deprived of their right to

vote in the upcoming election.

19. Ukraine commended the signing of the nationwide ceasefire agreement and noted

that holding free and fair elections in 2015 was the next critical step.

20. The United Kingdom expressed concern about, inter alia, mistreatment of Rohingya

and inter-communal tensions.

21. The United States remained troubled by forced labour and intercommunal tensions

in Myanmar, government actions rendering the Rohingya stateless and restrictions on some

fundamental freedoms, and encouraged the Government to engage with all relevant

stakeholders in pursuing peace.

22. Uruguay expressed concern at reports on new laws that discriminated against

women and religious minorities.

23. Belarus noted with satisfaction political, social, economic and administrative

reforms and the establishment of a national human rights institution.

24. Viet Nam commended the significant progress achieved in recent years in promoting

and protecting human rights.

25. Albania commended Myanmar for the implementation of the five-year plan and for

its measures to become a signatory to the remaining international human rights treaties.

26. Algeria noted political, socioeconomic and administrative reforms undertaken since

2011 and congratulated Myanmar on its efforts to reduce poverty.

27. Argentina welcomed the State’s cooperation with the Special Rapporteur on the

situation of human rights in Myanmar.

28. Australia expressed concern about the protection of race and religion laws and noted

the retention of the death penalty.

29. Austria expressed concern about violence against ethnic minorities and persecution

of human rights defenders.

30. Azerbaijan appreciated the State’s accession to the Convention on the Rights of

Persons with Disabilities and the Optional Protocol to the Convention on the Rights of the

Child on the sale of children, child prostitution and child pornography and efforts to

promote the rights of women.

31. Bahrain expressed concern about ethnic purification and discrimination against

Rohingya Muslims in Rakhine State.

32. The Bolivarian Republic of Venezuela welcomed the signing of the national

ceasefire agreement and the strategic social and economic reforms to overcome poverty.

33. Belgium commended the progress made by Myanmar since its first review,

including political reforms and the release of political prisoners.

34. Bhutan welcomed measures on child protection, particularly those implemented to

prevent underage recruitment to the military forces.

35. Botswana noted reports of ill-treatment of migrants, refugees, asylum seekers and

Rohingya.

36. Ecuador praised the transition process to consolidate democracy through the

separation of powers and efforts to comply with the first-cycle review recommendations.

37. Brunei Darussalam welcomed the implementation of the free and universal primary

education programme and the increase in the State’s health budget.

38. Cambodia noted positively the progress made in improving livelihoods,

infrastructure and basic services for the communities in Rakhine State.

39. Canada welcomed the transition towards greater democracy and encouraged

continued constitutional, legislative, judicial and institutional reforms.

40. Chile expressed concern about persistent human rights violations, particularly

gender-, ethnic- and religious-based discrimination against the Rohingya community.

41. China expressed appreciation for the fact that Myanmar had actively implemented

the national women’s development strategy.

42. Costa Rica recognized progress achieved as part of the transition and the ceasefire

agreements with ethnic groups.

43. Croatia encouraged all stakeholders to turn transparent, inclusive and participatory

elections into a contribution to further democratization and peace.

44. Cuba noted important changes that had taken place, but indicated that Myanmar still

needed to take action in the areas of employment, education and food.

45. Cyprus acknowledged the positive steps taken by Myanmar since 2011 towards the

implementation of its international human rights obligations.

46. The Czech Republic welcomed the delegation of Myanmar.

47. The Democratic People’s Republic of Korea noted the considerable progress in the

implementation of the recommendations accepted during the first universal periodic review

session.

48. Denmark noted the incompatibility of the four laws on race and religion with

international human rights treaties to which Myanmar was a party.

49. Djibouti was concerned about the serious and systematic violations of human rights

and abuses committed against Rohingya.

50. Brazil emphasized the importance of preventing and combating all forms of

discrimination and violence based on racial, ethnical and religious grounds.

51. Egypt expressed concern about the abuse of, denial of citizenship to and restrictions

on the rights to freedom of movement and religion of Rohingya Muslims.

52. Estonia called on the authorities to end all discrimination in law, policy and practice

against women and girls, minorities and all vulnerable groups.

53. Saudi Arabia expressed serious concern about acts of violence, hatred and racial

discrimination against the Muslim community in Myanmar.

54. Finland welcomed efforts to advance the situation of women and girls, in particular

the adoption of the national strategic plan for the advancement of women. Finland

encouraged an inclusive peacebuilding process, particularly the commitment made in the

nationwide ceasefire agreement to inclusive political dialogue.

55. France noted positively the reforms made since 2011 that promoted democratization

and enforced human rights, notably the liberation of many political prisoners.

56. Georgia welcomed the ongoing democratization process, the accession to the

Convention on the Rights of Persons with Disabilities and the signing of the International

Covenant on Economic, Social and Cultural Rights.

57. Germany encouraged Myanmar to draw on civil society resources to strengthen the

national human rights environment.

58. Ghana expressed concern about the torture and ill-treatment of ethnic and religious

minorities by security forces.

59. Regarding human trafficking, the delegation of Myanmar stated that Myanmar was

cooperating closely with its neighbours and partners at the bilateral, subregional and

regional levels. From January to September 2015, 201 offenders had been prosecuted under

the law against trafficking in persons.

60. With respect to combating money laundering and the financing of terrorism,

Myanmar was actively engaged with the Asia/Pacific Group on Money Laundering and its

financial action task force and had adopted an anti-money laundering law and a counter-

terrorism law in 2014.

61. The national human rights commission had been established in September 2011. In

March 2014, the Myanmar National Human Rights Commission Law had been adopted by

the Parliament to bring the commission into line with the Paris Principles. The commission

was functioning freely and independently. Commission reports were issued and publicized

in the newspapers. Cooperation with OHCHR and the Association of Southeast Asian

Nations Intergovernmental Commission on Human Rights was ongoing.

62. The President had issued an order to form a committee to monitor political prisoners

in 2013. The committee submitted to the President its recommendations for granting

amnesty and pardon. The Special Rapporteur on the situation of human rights in Myanmar,

members of the national human rights commission and Supreme Court judges had visited

prisoners. The International Committee of the Red Cross had helped upgrade the water,

sanitation and health services for prisoners. The commission had investigated complaints

regarding torture of political prisoners and found that they were not true.

63. The 2012 law amending the ward and village tract administration law criminalized

and penalized forced labour, imposing one year of imprisonment or a 100,000 kyat fine or

both on perpetrators. The forced labour complaint mechanism set up in 2007 with the

International Labour Organization (ILO) was functioning smoothly.

64. The State’s ratification of the ILO Worst Forms of Child Labour Convention, 1999

(No. 182) had greatly contributed to the protection of child rights. Myanmar would explore

joining other important ILO instruments pertaining to child rights, including the Minimum

Age Convention, 1973 (No. 138).

65. Since the adoption of the labour organization law of 2011, 1,914 employer and

labour organizations had been formed. The Confederation of Trade Unions of Myanmar

had been formed in July 2015 as the country’s first national-level labour organization.

Furthermore, in accordance with the settlement of labour dispute law of 2012, tripartite

mechanisms had been formed at the township, region and State levels.

66. Myanmar had become a member of the International Organization for Migration in

2012 and was working for the promotion and protection of the rights of its migrant workers.

In 2013, complaint mechanism centres had been opened in major cities to address the needs

of migrant workers. Moreover, a migrant workers’ reporting counter had been opened at

Yangon International Airport to facilitate access to overseas employment.

67. Regarding participation of women in political life, a considerable number of women

were occupying posts at the levels of minister, deputy minister, director general and

ambassador and parliamentarian posts, and the number was growing.

68. During the first cycle, Myanmar had received nine recommendations on ratifying

core international human rights treaties. In implementing those recommendations,

Myanmar had acceded to the Convention on the Rights of Persons with Disabilities and the

Optional Protocol on the sale of children, child prostitution and child pornography. In 2015,

Myanmar had signed the International Covenant on Economic, Social and Cultural Rights

and the Optional Protocol to the Convention on the Rights of the Child on the involvement

of children in armed conflict. Furthermore, in October 2015, Myanmar had decided to

become a member of the Group of Friends under the Convention against Torture Initiative,

which aimed to achieve universal ratification of the Convention against Torture and Other

Cruel, Inhuman or Degrading Treatment or Punishment by 2024.

69. In principle, Myanmar rejected country-specific mandates, including that of the

Special Rapporteur on the situation of human rights in Myanmar, as they did not create a

conducive environment for constructive engagement for the promotion and protection of

human rights. Myanmar firmly believed that the universal periodic review process was the

most dependable mechanism to address human rights situations in all countries on an equal

footing.

70. However, Myanmar had invited and received the Special Rapporteur for a five-day

visit in August 2015, which was successful. Myanmar had encouraged her to further

diversify her sources of information to prevent the inclusion of allegations and speculation

in her report. All major concerns related to human rights had been addressed to a larger

extent in Myanmar. Therefore, the delegation underlined that Myanmar should no longer

remain on the agendas of the Human Rights Council and the Third Committee.

71. Section 347 of the Constitution guaranteed equality before the law for every person

and provision of legal protection. Section 348 guaranteed that the Union would not

discriminate against any citizen on the basis of race, birth, religion, official position, status,

culture, sex or wealth.

72. Myanmar was implementing, in cooperation with UNDP, programmes on the rule of

law and access to justice. Human rights, a people-centred approach and community

policing had been newly introduced to the working method of the Myanmar Police Force.

The bill on legal aid was with the parliament for debate and approval.

73. A legal advisory committee had reviewed existing laws to bring them into line with

the Constitution and international norms. Since 2011, Myanmar had amended, repealed and

promulgated 189 laws.

74. As for the “four laws”, the objective of the law on health protection and coordination

regarding population increase was to reduce poverty and promote maternal and child health

in the context of population growth. The law was not aimed at limiting birth spacing, and

there was no penalty for non-compliance.

75. Section 34 of the Constitution provided that every citizen should have the freedom

of belief and religion and an equal right to worship. The religious conversion law permitted

proper religious conversion.

76. Under the Myanmar Buddhist women special marriage law, Buddhist women had

the right to marry non-Buddhist men. It prescribed freedom of worship for a Buddhist wife

who married a non-Buddhist husband and protected the basic human rights of Buddhist

women.

77. Concerning the monogamy law, the delegation indicated that, in Myanmar, the

majority were Buddhists and that Myanmar customary law did not prohibit men from

having multiple wives. The law was aimed at preventing complications arising from

polygamy.

78. Greece welcomed the consideration given by Myanmar to becoming a signatory to

international human rights instruments, such as the Convention against Torture.

79. Guatemala expressed concern about the scarce progress in negotiations towards the

establishment of an OHCHR office in Myanmar.

80. The Holy See acknowledged efforts made to enhance peace and dialogue among

different religions by the creation of the Interfaith Friendship Group.

81. Hungary noted the need to introduce reforms in the judiciary and in the regulation of

the legal profession.

82. Iceland was concerned about reports of growing instances of religious violence and

failure to investigate attacks based on national, racial and religious hatred.

83. India welcomed the recent signing of the International Covenant on Economic,

Social and Cultural Rights and noted the positive steps to ensure free and fair elections in

2015.

84. Malaysia noted the challenges in ensuring the equal rights of various ethnic

minorities in the country.

85. The Islamic Republic of Iran took note of the steps taken on legislative reforms and

accession to the Convention on the Rights of Persons with Disabilities and the Optional

Protocol on the sale of children, child prostitution and child pornography.

86. Ireland welcomed the nationwide ceasefire agreement but was concerned about

restrictions on the media and on freedom of expression.

87. Israel welcomed the democratization process undertaken with the constructive

engagement of the international community.

88. Italy commended progress towards democratization and national reconciliation and

encouraged Myanmar to continue on that path.

89. Japan welcomed the national ceasefire agreement and highlighted the importance of

conducting elections in a free and fair manner.

90. Kuwait acknowledged the steps taken by Myanmar to identify the root causes of the

recent violence in Rakhine State.

91. The Lao People’s Democratic Republic welcomed progress in promoting the

freedoms of expression and of assembly, improving the educational programme and health-

care services and empowering women.

92. Latvia encouraged Myanmar to make better use of the valuable expertise of special

procedures mandate holders.

93. Libya expressed concern about human rights violations and racial discrimination

faced by Rohingya in their civil, political and cultural life.

94. Lithuania expressed its concern about the continuing practice of torture in places of

detention and encouraged Myanmar to establish an OHCHR office.

95. Luxembourg was concerned about freedom of expression and the situation of

Rohingya and other ethnic minorities.

96. Indonesia welcomed the strong commitment to, and the significant progress made

with respect to, democracy and the promotion and protection of human rights.

97. Mexico acknowledged programmes and initiatives to improve education and health

and to guarantee the rights of persons with disabilities.

98. Montenegro was concerned about the absence of a minimum age for marriage for

boys and the legality of the marriage of girls as young as 14 years.

99. Namibia encouraged Myanmar to allocate adequate resources to implement

effectively the national strategic plan for the advancement of women for the period 2013-

2022.

100. Nepal appreciated efforts in the implementation by Myanmar of recommendations

since the adoption of its initial universal periodic review report.

101. The Netherlands welcomed the release of political prisoners; however, it expressed

concern about the increase since 2015 in political prisoners and detained journalists.

102. New Zealand expressed concern about the marginalization of certain minority

groups, restricting their ability to participate in the November election.

103. Nicaragua noted challenges such as the consolidation of democracy, reconciliation

and peace, and congratulated Myanmar on its reforms to achieve those objectives.

104. Nigeria welcomed various reforms for the protection and promotion of human rights

and noted that those bold steps had led to the amendment, repeal or enactment of 171 laws.

105. Norway expressed concern about arrests during peaceful demonstrations, political

prisoners continuing to face arbitrary detention, and punitive measures regarding illegal

abortion.

106. Oman affirmed the importance of strengthening human rights in the light of ongoing

acts of violence against Rohingya.

107. Pakistan commended ongoing legislation for strengthening human rights, and

ratification by Myanmar of international human rights instruments.

108. Panama noted the broad consultation process for the preparation of the national

report and welcomed the implementation of the first-cycle recommendations.

109. Paraguay encouraged Myanmar to continue with the ratification of human rights

instruments and to strengthen cooperation with OHCHR.

110. Poland encouraged Myanmar to ensure effective registration of all children born in

Myanmar without any discrimination.

111. Portugal welcomed the positive developments and efforts to consolidate peace and

reforms towards democratization.

112. The Russian Federation noted with satisfaction the political transformations and

commended the improvement in the social protection of workers.

113. Ethiopia appreciated the implementation of the current five-year plan, the

Millennium Development Goals and the design of vision 2020 to bring about economic and

social reform.

114. Senegal expressed concern about the preparation of draft laws on the protection of

race and religion, and discrimination against Rohingya.

115. Serbia encouraged Myanmar to continue its cooperation with the United Nations

human rights mechanisms, guarantee equal protection of women and prevent trafficking.

116. Sierra Leone expressed concern about the reports of the treatment of Rohingya and

urged Myanmar to promote religious tolerance.

117. Singapore noted the implementation of policies to strengthen governance and to

meet the socioeconomic needs of its citizens.

118. Slovakia encouraged Myanmar to intensify its collaboration with the Human Rights

Council and its expert mechanisms.

119. Slovenia was concerned about different categories of citizenship and violations and

abuses of human rights against Rohingya Muslims and other minorities.

120. Spain noted the upcoming elections and improvement in public freedoms, and

recognized plans to adopt legislation on gender-based violence.

121. Sri Lanka noted efforts to make democratic space more inclusive through political

reforms, and welcomed actions taken to ensure the rights of the child.

122. The Philippines reiterated its readiness for cooperation in pursuing economic and

social reform programmes to achieve people-centred, sustainable development in the

region.

123. Kyrgyzstan summarized progress made since the first universal periodic review as

positive and specifically referred to development in the political and socioeconomic

spheres.

124. The Republic of Korea welcomed the release of political prisoners and the

establishment of the human rights commission.

125. Regarding children in armed conflict, the delegation of Myanmar highlighted that

Myanmar had signed the Optional Protocol on the involvement of children in armed

conflict in September 2015. Since the signing of a memorandum of understanding with the

United Nations, the military had discharged 645 underage recruits, and there had been no

new underage recruitment since 2014. All perpetrators, military or civilian, of underage

recruitment were held accountable and penalized under military law and the Penal Code.

126. Myanmar had signed a historic declaration of commitment to end sexual violence in

conflict in June 2014. A domestic law to counter violence against women was in the final

stage of drafting. Civil society organizations would be invited to contribute their views on

the draft. Military officers who committed sexual offences were being dealt with under

relevant laws providing for harsh sentences. The recent nationwide ceasefire agreement

included provisions on refraining from any form of sexual abuse and violence.

127. The peaceful assembly and procession law had been amended in 2014; the penalties

for protest without prior authorization had been reduced by half. Public spaces for peaceful

demonstrations had been designated. Furthermore, the law on registration of associations

had come into effect in 2014; no punishment was prescribed therein. Registration was

voluntary.

128. The President had expressed his unequivocal commitment to hold free, fair and

transparent multiparty general elections on 8 November 2015. Criteria for eligibility for

candidates and voters were clearly set out in the election laws. To run as a candidate, a

person must be a citizen, and his or her parents must both also be citizens. Similarly, only

citizens had the right to vote. Those criteria applied to all candidates regardless of their

political affiliation, race, gender or religion.

129. The central committee for land-use management had been addressing the issues of

land acquisition. The guidelines on returning land to the rightful owners were being

implemented. Farmland tenure certificates had been issued to 95 per cent of all farmers

throughout the country. The national land-use policy was in its final stage of drafting, as a

precursor to enacting a comprehensive national law.

130. Myanmar had been implementing the free and universal primary education

programme. The inclusive education programme, encompassing all students, including

children with disabilities, had been adopted in 2013. Pursuant to the national education law,

the higher education system would be decentralized, and freedom of teaching, learning and

management would be allowed.

131. The ethnic rights protection law of 2015 would broaden the rights of all ethnic

minorities. For example, students in Mon State would be able to study the Mon language,

culture and traditions at local schools during school hours. A plan released in November

2014 was aimed at providing students from ethnic regions with more access to higher

education.

132. The Government would incrementally raise the health budget by 5 per cent of gross

domestic product in 2016. Myanmar was working towards achieving universal health

coverage and reducing the financial burden on the poor and on vulnerable groups. Nine

laws related to health had been promulgated since 2011.

133. In Myanmar, there was no minority community under the name of “Rohingya”.

Peace and stability in Rakhine State had been restored. The communal violence in 2012 had

caused loss of life and property and displacement in both of the communities in Rakhine

State. To investigate the incident, the Government had formed a Commission of Inquiry.

Following the Commission’s finding, a central committee for the implementation of

stability and development in Rakhine State had been established. The committee was

implementing the recommendations of the Commission.

134. The Government had provided food, health care and education services to all

displaced persons. Access was given to over 20 international organizations to provide

humanitarian assistance to those persons. Some 2,000 displaced households had been

voluntarily resettled in their original area or in new places.

135. The temporary identity cards had been replaced with new ones to accelerate the

citizenship verification process. A pilot project for citizenship verification had been

launched in Rakhine State in 2014; citizenship had been granted to more than 900 persons.

136. There was no restriction of movement in areas where the communities had learned

to live in harmony. Myanmar was a multi-ethnic and multi-faith country. Hate speech was

not tolerated, and the Government and civil society were promoting interfaith dialogue

across the country.

137. Myanmar was deeply concerned about the suffering caused by and the life-

threatening situations resulting from smuggling of persons and human trafficking. On three

occasions between May and July 2015, Myanmar had rescued about 1,050 people

attempting to flee their country by boat. They had been provided with temporary shelter,

food and health care. Over 80 per cent of those people were from a neighbouring country

and had been repatriated.

138. A landmark in the national reconciliation effort was the signing of the nationwide

ceasefire agreement on 15 October 2015. The agreement served as a platform for national

reconciliation, and would be followed by political dialogue.

139. Myanmar had inherited the common-law system, and the death penalty was

prescribed under the law. However, it could only be carried out pursuant to a final judgment

by the Supreme Court. It had not been carried out since 1988. Offenders who were below

the age of 16 at the time of the commission of the crime were not to be sentenced to capital

punishment.

140. At least three experts from OHCHR were currently working full time in Myanmar.

Myanmar had already proposed a technical cooperation mandate for OHCHR, which

should be the way forward for cooperation.

141. The Attorney General thanked all speakers for sharing their concerns regarding

Myanmar and reiterated some issues touched upon earlier by the delegation, such as gender

equality, political prisoners and amnesty, poverty reduction, the upcoming general

elections, ratification of treaties, freedom of religion, rule of law and citizenship.

142. The Attorney General reiterated the will of Myanmar to continue its endeavours

with respect to human rights.

II. Conclusions and/or recommendations

143. The recommendations formulated during the interactive dialogue/listed below

have been examined by Myanmar and enjoy the support of Myanmar:

143.1 Continue its work in acceding to the core human rights conventions

(Belarus);

143.2 Consider ratifying the human rights treaties it has not yet ratified

(Japan);

143.3 Consider the ratification of the main international human rights

instruments to which it is not yet a State Party (Nicaragua);

**

The conclusions and recommendations have not been edited.

143.4 Consider positively acceding to the core international human rights

instruments, to which it is not yet a party, particularly the International

Covenant on Civil and Political Rights and the Convention against Torture

(Viet Nam);

143.5 Consider accession to international human rights instruments that it

is not yet a party to, including the International Covenant on Civil and Political

Rights and the International Convention on the Protection of the Rights of All

Migrant Workers and Members of Their Families (Philippines);

143.6 Consider ratification of the International Covenant on Civil and

Political Rights and its second Optional Protocol, with the view of total

abolition of the death penalty (Namibia);

143.7 Consider ratifying the International Covenant on Civil and Political

Rights (United States of America);

143.8 Ratify the International Covenant on Economic, Social and Cultural

Rights (Ghana);

143.9 Consider ratifying the International Convention on the Elimination

of All Forms of Racial Discrimination, the International Covenant on

Economic, Social and Cultural Rights and the International Convention on the

Protection of the Rights of All Migrant Workers and Members of Their

Families (Egypt);

143.10 Sign the Convention against Torture (France);

143.11 Ratify the Optional Protocol on the involvement of children in armed

conflict (Chile) (Croatia);

143.12 Ratify the Optional Protocol on the involvement of children in armed

conflict (Luxembourg);

143.13 Consider the possibility of ratifying the Optional Protocol on the

involvement of children in armed conflict (Panama);

143.14 Take all necessary measures aimed at the early ratification of the

Optional Protocol on the involvement of children in armed conflict (Slovakia);

143.15 Expedite the process of redrafting of the existing Child Law taking

into account the views and suggestions made by civil society organizations

(Bhutan);

143.16 Continue to further enhance peace, development and democracy

(Cambodia);

143.17 Give continuity to the democratization process undertaken by the

Government (Nepal);

143.18 Continue its democratisation process by means of restructuring of the

local police forces (Greece);

143.19 Continue building its democratic reform for the prosperity and well-

being for the people and the nation of Myanmar (Timor-Leste);

143.20 Adopt a human-rights-based approach when designing and

implementing the reforms towards the democratization of the country

(Portugal);

143.21 Continue further improvement of the protection and promotion of

human rights in the country (Azerbaijan);

143.22 Continue making efforts for protecting and promoting human rights

and improving the living conditions (Kyrgyzstan);

143.23 Continue to point special attention to the prevention of the emergence

of the situation which might lead to conflicts on ethnic and religious basis

(Russian Federation);

143.24 Adopt legislation ensuring protection of human rights of ethnic

communities, including their participation in government decisions (Slovenia);

143.25 Reinforce and implement the protection of vulnerable groups, namely

children, women, disabled, elderly, and make a greater effort to include ethnic

and religious groups in the life of Myanmar society (Holy See);

143.26 Continue its efforts to provide protection and care for its elderly

population and other vulnerable groups (Brunei Darussalam);

143.27 Continue peace talks among the people to avoid ethnic and religious

conflicts and scale up national reconciliation process in the country (Ethiopia);

143.28 Take action to bring other remaining armed groups, who are not

among 8 major ethnic groups that recently signed the National Ceasefire

Agreement, into an inclusive peace process (Israel);

143.29 Ensure the proper work of the Joint Monitoring Committee and

Union Peace Dialogue Joint Committee (Israel);

143.30 Continue to strengthen its system to promote and protect human

rights paying special attention to the social protection of the population

(Belarus);

143.31 Continue to maintain annual economic growth of average of 8%

(Democratic People’s Republic of Korea);

143.32 Further continue concentrating on economic development to bring

about sustainable peace and ensure enjoyment of human rights (Ethiopia);

143.33 Harmonize its process of political, socio-economic and administrative

reforms made in accordance with its international human rights obligations

(Nicaragua);

143.34 Continue consolidating the correct measures taken on economic

growth, for the benefit of its people (Bolivarian Republic of Venezuela);

143.35. Keep the momentum of political, socio-economic and administrative

reform to comply with the socio-economic needs of the population (Cuba);

143.36 Accelerate the political, socio-economic and administrative reform to

fulfil socio-economic needs of the people (Islamic Republic of Iran);

143.37 Continue to accelerate the momentum of the political, socio-economic

and administrative reform to further fulfil socio-economic needs of the people

(Lao People’s Democratic Republic);

143.38 Take measures to ensure that economic growth is proportional in the

different parts of the country and benefits the whole population, including the

country’s minorities (Cuba);

143.39 Take measures for the economic growth to be proportional to

different parts of the country and to benefit all including in particular

minorities (Islamic Republic of Iran);

143.40 Continue advancing in the achievement of the Sustainable

Development Goals (Bolivarian Republic of Venezuela);

143.41 Implement policies to meet the relevant 2030 Sustainable

Development Goals so that all communities, regions and states can benefit from

Myanmar’s economic growth and it can graduate from Least Developed

Country Status soonest (Singapore);

143.42 Continue the strengthening of the national human rights institutions

and mechanisms (Nepal);

143.43 Take steps towards establishing a National Human Rights Institution

in line with the Paris Principles (Egypt);

143.44 Grant the National Human Rights Commission autonomy and

independence in accordance with the Paris Principles (Chile);

143.45 Allow the National Human Rights Commission to fully exercise its

functions, in line with the Paris Principles (Senegal);

143.46 Ensure that the National Human Rights Commission is able to

discharge its functions fully, in accordance with the Paris Principles, as

previously recommended (Portugal);

143.47 Take steps to ensure that the National Human Rights Commission is

given a mandate in conformity with the Paris Principles (Sierra Leone);

143.48 Provide all necessary assistance in order that the national human

rights institution is able to operate at full capacity and continue judicial

reforms, including the increased capacity building of judicial institutions

(Republic of Korea);

143.49 Study the possibility of creating a national system for the follow-up of

international recommendations on human rights (Paraguay);

143.50 Engage closely with the United Nations human rights system,

including treaty bodies and special procedures mandate holders (Turkey);

143.51 Continue to cooperate with human rights mechanisms, including the

special rapporteur on Myanmar (Republic of Korea);

143.52 Ensure ongoing cooperation with the special rapporteur for

Myanmar of the Human Rights Council and with other Special Procedures

(Chile);

143.53 Continue to take steps to enhance women empowerment (Pakistan);

143.54 Ensure better representation of women in the peace process

(Slovenia);

143.55 Promote gender equality in all aspects of life and combat violence

against women (Cyprus);

143.56 Implement the commitment taken in 2011 to ensure gender equality

(France);

143.57 Adopt a legal definition of discrimination against women according to

the Convention on the Elimination of All Forms of Discrimination against

Women (Austria);

143.58 Domesticate the Convention on the Elimination of All Forms of

Discrimination against Women and give women a visible and inclusive role as

envisaged by the treaty (Sierra Leone);

143.59 Continue with the implementation of the National Strategic Plan for

the Advancement of Women (Israel);

143.60 Continue efforts to strive for all citizens to live in harmony without

discrimination against any races and nationalities (Nepal);

143.61 Consider the possibility of adopting adequate measures to promote

social cohesion, with a view to the elimination of all forms of discrimination,

including against minority, ethnic and cultural groups (Ecuador);

143.62 Increase its efforts to counter hate-speech and incitement to violence

(New Zealand);

143.63 Ensure that the rights of women and ethnic minorities are not

undermined as a result of the recently introduced set of Protection of Race and

Religion laws (Japan);

143.64 Consider abolishing de jure the death penalty (Panama);

143.65 Continue releasing political prisoners and relaunch the joint

Government/civil society committee (France);

143.66 Enact and enforce legislation that guarantees comprehensive

protection from all forms of violence against women, and that addresses

impunity for all perpetrators (Sweden);

143.67 Take positive action to ensure protection of women against sexual

violence and their access to legal mechanisms without discrimination

(Namibia);

143.68 Develop a legal framework to prevent and combat violence against

women and domestic violence (Serbia);

143.69 Address in legislation all forms of gender-based violence, both within

as well as outside of marriage (Spain);

143.70 Take effective measures to prevent and combat marital rape and

domestic violence, including the express criminalization of these practices

(Portugal);

143.71 Strengthen policies to combat all forms of violence and

discrimination against women and girls, including by criminalizing marital

rape and prohibiting forced and early marriages (Paraguay);

143.72 Adopt measures to end the recruitment and participation of children

in military activities (Mexico);

143.73 Continue to implement policies to ensure full protection of civilians,

particularly children, in zones of armed conflict (Ecuador);

143.74 Step up efforts towards the prevention and suppression of human

trafficking and the smuggling of migrants by air, land and sea (Greece);

143.75 Double its efforts in combating trafficking in persons including by

bringing human traffickers and people smugglers to justice (Malaysia);

143.76 Continue investing efforts in the prevention of human trafficking,

with special attention to investigation and prosecution of all cases of sale and

trafficking of children (Serbia);

143.77 Ensure impartial and effective investigation of violence perpetrated

against women and violence perpetrated against children, and ensure

reparations for victims and the right to a fair trial, including legal aid, for both

the victim and the accused (Finland);

143.78 Ensure independent investigations of all cases of violence and

discrimination against ethnic and religious minorities (Iceland);

143.79 Prosecute suspected perpetrators of violence against ethnic and

religious minorities, in line with international standards and to ensure

compliance with due process and respect for the rule of law (Iceland);

143.80 Combat impunity (Senegal);

143.81 Ensure that police and military officers alleged to have committed

acts of torture and ill-treatment are held accountable through the criminal

justice system (Lithuania);

143.82 Continue its efforts to ensure respect for the rights and fundamental

freedoms of all the population, guaranteeing the investigation and punishment

of perpetrators of human rights violations, demonstrating its commitment to

combating impunity (Argentina);

143.83 Review legislation in order to raise the minimum age of criminal

responsibility in line with international standards (Chile);

143.84 Address effectively the issue of corruption (Cuba);

143.85 Accelerate reforms with the aim to guarantee good governance and

more vigorously address the issue of corruption (Georgia);

143.86 Continue to strengthen the rule of law and ensure good and clean

governance at all levels of government, which would help address the social and

economic needs of the Myanmar people more effectively (Singapore);

143.87 Increase its efforts to ensure access to basic services, as well as

freedom of movement, for all residents (Japan);

143.88 Ensure the protection of human rights for all, including freedom of

religion or belief, expression, association and peaceful assembly and the right to

participate in public and political life (Botswana);

143.89 Spread the culture of human rights and strengthen religious and faith

tolerance (Sudan);

143.90 Intensify efforts in actively promoting inter-ethnic, inter-faith and

communal understanding and harmony (Malaysia);

143.91 Achieve tolerance and peaceful existence in all parts of society by

promoting interfaith and intercommunal dialogue (Turkey);

143.92 Continue efforts to preserve national, cultural and religious diversity

so as to promote harmony among ethnic groups and religions (China);

143.93 Make sincere efforts to build up levels of confidence and

reconciliation among religious groups through dialogue between religious

leaders (Republic of Korea);

143.94 Continue efforts to promote tolerance, harmony and respect of

human rights among all communities in Myanmar, including through possible

review of legal frameworks, human rights’ education and interfaith dialogues

and cooperation involving all segments in the society (Indonesia);

143.95 Prevent the destruction of places of worship and cemeteries (Egypt);

143.96 Make every effort to guarantee the right to religious conversion and

to respect the freedom of religion, in particular, enabling religious practice

(Holy See);

143.97 Ensure full respect for freedom of religion or belief and the human

rights of the persons belonging to ethnic and religious minorities, in line with

international human rights law (Poland);

143.98 Work to ensure that freedom of opinion and expression are protected

(New Zealand);

143.99 Further ensure that those who legitimately exercise their rights to

freedom of expression and peaceful assembly be not subject to reprisals (Italy);

143.100 Continue to create a safe and enabling environment for civil society

in order to help the country’s ongoing transition to democracy (Ireland);

143.101 Put forward every effort to ensure that the election process is both

free and fair (Republic of Korea);

143.102 Continue promoting the participation of women in public affairs and

socio-economic activities (Bolivarian Republic of Venezuela);

143.103 Further promote women’s rights through increased participation in

political, socio-economic and administrative decision making processes (Italy);

143.104 Take necessary further steps to combat poverty and to address socio-

economic inequality (Sri Lanka);

143.105 Take appropriate steps towards achieving Universal Health Coverage

in the country (Brunei Darussalam);

143.106 Continue to allocate more budget in health sectors (Lao People’s

Democratic Republic);

143.107 Continue more budget allocation in the health sector (Democratic

People’s Republic of Korea);

143.108 Earmark additional financial resources to health services and reduce

the financial burden faced by vulnerable groups in accessing medical care (Viet

Nam);

143.109 Increase the amount of spending on health with special attention to

women and children so as to achieve relevant Millennium Development Goals

as soon as possible (China);

143.110 Increase significantly the proportion of national expenditure

allocated to health care, address the regional differences in access to health care

services and expand the human capital within the health care sector, especially

to ascertain that an adequate number of midwives are educated and dispatched

across the country (Sweden);

143.111 Redouble steps taken in providing quality and affordable health and

education services, including providing adequate learning opportunities

(Timor-Leste);

143.112 Continue to promote and protect the enjoyment of fundamental

freedoms and rights of its citizens in the areas of education and health among

others without discrimination (Nigeria);

143.113 Provide equal access to education by the people (Islamic Republic of

Iran);

143.114 Continue to invest in education and ensure the continued provision of

free education for its primary and secondary students (Brunei Darussalam);

143.115 Continue with the efforts of providing equal access to education by all

national races in the country (Lao People’s Democratic Republic);

143.116 Continue to provide equal access to education by all national races,

including minorities in the country (Democratic People’s Republic of Korea);

143.117 Continue efforts to develop its human capital through education,

training and empowering vulnerable groups (Sri Lanka);

143.118 Improve the situation of minorities in the country (Greece);

143.119 Accelerate citizenship verification processes so that populations now

deprived of identity documents do not remain in an illegal situation (France);

143.120 Ensure the safe and voluntary return of all internally displaced

persons to their place of origin (Turkey);

143.121 Allow access to humanitarian aid to all groups who need it, including

internally displaced persons in Rakhine State and other affected areas

(Kuwait);

143.122 Adopt and implement all the necessary measures to continue

improving health care, food and education services in camps for internally

displaced persons, including in remote areas (Panama);

143.123 Ease tensions in rural areas by developing an effective land

registration system with a clear complaints handling mechanism (Germany);

143.124 Effectively address the issue of land grabbing, including through

providing redress to farmers and others whose land was illegally or arbitrarily

seized (Czech Republic).

144. The following recommendations will be examined by Myanmar, which will

provide responses in due time, but no later than the thirty-first session of the Human

Rights Council, in March 2016:

144.1 Ratify the core international human rights instruments (Paraguay);

144.2 Accede to and implement all core human rights treaties (Latvia);

144.3 Ratify all core human rights conventions, especially the International

Covenant on Civil and Political Rights, the Convention against Torture and the

International Covenant on Economic, Social and Cultural Rights (Germany);

144.4 Ratify the outstanding core treaties, such as the International

Covenant on Civil and Political Rights, the Convention against Torture, and

the International Convention on the Elimination of All Forms of Racial

Discrimination (Hungary);

144.5 Ratify human rights treaties such as the International Convention on

the Elimination of All Forms of Racial Discrimination, the International

Covenant on Economic, Social and Cultural Rights, the International Covenant

on Civil and Political Rights, the Convention against Torture and the Optional

Protocol to the Convention on the Elimination of All Forms of Discrimination

against Women (Sierra Leone);

144.6 Ratify and fully implement all core human rights treaties, including

the International Covenant on Civil and Political Rights and the Convention

against Torture, as previously recommended (Slovenia);

144.7 Ratify the International Covenant on Civil and Political Rights

(Montenegro) (Poland);

144.8 Ratify the International Covenant on Civil and Political Rights and

continue to raise public awareness about international human rights law and

the legal avenues available for defending those rights (Lithuania);

144.9 Ratify the International Covenant on Civil and Political Rights and

its optional protocols (Spain);

144.10 Ratify the International Covenant on Civil and Political Rights and

its two optional protocols (Estonia) (Ghana);

144.11 Accede to the International Covenant on Civil and Political Rights

and its Second Optional Protocol, aiming at the abolition of the death penalty

(Greece);

144.12 Sign and ratify the International Covenant on Civil and Political

Rights and the International Covenant on Economic, Social and Cultural

Rights (Bahrain);

144.13 Ratify the International Covenant on Civil and Political Rights and

the International Covenant on Economic, Social and Cultural Rights and

ensure the conformity of national legislation with international obligations

(Switzerland);

144.14 Ratify the International Covenant on Economic, Social and Cultural

Rights and its Optional Protocol (Portugal);

144.15 Ratify the International Convention on the Elimination of All Forms

of Racial Discrimination and the International Covenant on Civil and Political

Rights (Algeria) (Libya);

144.16 Ratify the International Convention on the Elimination of All Forms

of Racial Discrimination (Ghana);

144.17 Sign and ratify the International Covenant on Civil and Political

Rights, the Convention against Torture and the International Convention on

the Elimination of All Forms of Racial Discrimination (Turkey);

144.18 Ratify the International Covenant on Economic, Social and Cultural

Rights, the International Covenant on Civil and Political Rights and the

International Convention on the Elimination of All Forms of Racial

Discrimination (Sudan);

144.19 Ratify the International Covenant on Civil and Political Rights and

the International Covenant on Economic, Social and Cultural Rights, as well as

the International Convention on the Elimination of All Forms of Racial

Discrimination (Brazil);

144.20 Ratify the International Covenant on Civil and Political Rights and

the Convention against Torture (Italy);

144.21 Ratify the International Covenant on Civil and Political Rights and

the Convention against Torture (Luxembourg);

144.22 Ratify the Convention against Torture and the International

Covenant on Civil and Political Rights (Georgia);

144.23 Ratify the Convention against Torture (Denmark) (Guatemala);

144.24 Ratify the Convention against Torture, as previously recommended

(Portugal);

144.25 Ratify the Convention against Torture and its Optional Protocol

(Lithuania);

144.26 Ratify the Convention against Torture, and subsequently ensure the

adoption of provisions that expressly prohibit torture in police settings (Chile);

144.27 Ratify the Convention against Torture and the International

Convention for the Protection of All Persons from Enforced Disappearance

(Mexico);

144.28 Take further steps towards the promotion of the human rights

situation in Myanmar, especially for ethnic, religious and linguistic minorities

and vulnerable groups (Bahrain);

144.29 Include specific references to human rights law in the agreement of

ceasefire throughout the country and establish a comprehensive system to

monitor its implementation (Guatemala);

144.30 Support the active and meaningful participation of women, “ethnic

groups”, internally displaced persons and refugees in the implementation of the

Nationwide Ceasefire Agreement, including the national dialogue (Finland);

144.31 Ensure that human rights agencies, including the Myanmar National

Human Rights Commission and the Myanmar Press Council, are able to

function as effective and independent agencies (Thailand);

144.32 That the new administration that will emerge from the elections of

November 8 develop a road map for the implementation of the

recommendations issued by the Human Rights Council, the General Assembly,

and United Nations Special Rapporteurs and Envoys (Costa Rica);

144.33 Issue a standing invitation to the Special Procedures (Guatemala);

144.34 Issue a standing invitation to all thematic special procedures

(Montenegro);

144.35 Extend a standing invitation to mandate holders (Senegal);

144.36 Extend an open invitation to the Special Procedures and respond

favourably to pending requests (Uruguay);

144.37 Extend an open and permanent invitation to the United Nations

human rights special procedures mandate-holders (Cyprus);

144.38 Extend a standing invitation to special procedures, respond positively

to their requests to visit the country and cooperate fully, promptly and

substantively with all mandate holders (Latvia);

144.39 Allow the OHCHR to open a country office with a full mandate

(United States of America);

144.40 Expedite the establishment of an OHCHR office with a full mandate

(Turkey);

144.41 Take further steps towards the establishment of the OHCHR country

office in Myanmar (Croatia);

144.42 Establish a timeline for an early opening of the OHCHR country

office with a full mandate (Czech Republic);

144.43 Approve the opening of an OHCHR country office to provide for

enhance protection of and cooperation on human rights (Hungary);

144.44 Facilitate the establishment of an OHCHR office in the State, which

would be able to operate throughout the country with a full promotion and

protection mandate (Ukraine);

144.45 Facilitate the establishment of an OHCHR country office in

Myanmar, able to operate throughout the country with a full promotion and

protection mandate and establish a timeframe in that respect (Belgium);

144.46 Review the provisions in its penal code which contain punitive

measures against women who have undergone illegal abortions (Norway);

144.47 Take the necessary steps to eliminate discrimination faced by ethnic

minorities and ensure that they enjoy their right to culture and their religious

freedom is protected (Mexico);

144.48 Take necessary measures in law and in practice to put an end to all

forms of discrimination against minorities, especially ethnic and religious

minorities (France);

144.49 Enact law that will address the spread of discrimination, incitement

of hatred against Muslims and members of national, ethnic, religious and

linguistic minorities in Myanmar (Nigeria);

144.50 Take appropriate measures to combat nationalist extremism as

effectively as possible (Djibouti);

144.51 Take necessary measures to fight against any form of intolerance and

hate speech targeting persons belonging to minorities (Algeria);

144.52 Strengthen efforts regarding the effective measures on the

registration of all children born in Myanmar without any discrimination

(Albania);

144.53 Take measures for the effective registration of all children born in the

country without discrimination and remove all references to ethnic origin in

identity documents (Paraguay);

144.54 Ensure effective registration of all children born in the country,

regardless of their ethnic origin and without any discrimination, in accordance

with Article 7 of the Convention on the Rights of the Child (Canada);

144.55 Develop a simplified, effective birth registration system through

which all can access a birth certificate, including a complaints handling

mechanism (Namibia);

144.56 Abolish the death penalty (Holy See) (Poland) (Slovenia) (Spain);

144.57 Abolish the death penalty in all cases and circumstances (Portugal);

144.58 Place a moratorium on the death penalty with a view to its abolition

(Sierra Leone);

144.59 Institute a de jure moratorium on the death penalty, with a view to its

future abolition (Switzerland);

144.60 Institute a de jure moratorium on the death penalty, with a view to its

definitive abolition (Luxembourg);

144.61 Establish an official moratorium on the death penalty with a view to

its abolition for all crimes (France);

144.62 Establish a formal moratorium on the death penalty with a view to

ratifying the Second Optional Protocol to the International Covenant on Civil

and Political Rights (Australia);

144.63 Translate the de-facto moratorium on the death penalty into binding

law, with a view to completely abolish the death penalty altogether (Croatia);

144.64 Change a de facto moratorium, which is in place in Myanmar since

1988, to a de jure moratorium on the use of the death penalty as a first step to

its abolishing (Lithuania);

144.65 Release all political prisoners (Germany);

144.66 Release all remaining political prisoners (Greece);

144.67 Free political prisoners and prisoners of conscience who may still

remain after previous release exercises (Spain);

144.68 Release all those imprisoned for the exercise of their rights or for

espousing dissenting views (Czech Republic);

144.69 Release all political prisoners unconditionally, and remove conditions

on those already released (United States of America);

144.70 Free all remaining prisoners of conscience and put an end to

practices that fuel arbitrary arrests (Croatia);

144.71 Release immediately and unconditionally all human rights defenders,

student activists and political prisoners, and end ongoing trials of political

detainees (Norway);

144.72 Implement the National Action Plan for the Advancement of Women

by: amending legislation to include sexual violence in conflict within the

Preventing Sexual Violence Law, removing military impunity for human rights

violations — including sexual violence, and appointing a Gender Advisor

within the President’s Office (United Kingdom of Great Britain and Northern

Ireland);

144.73 Guarantee in law and in practice that lawyers and judges can

perform their professional functions without improper interference and legally

form and join self-governing professional associations (Austria);

144.74 Define professional legal standards and disciplinary procedures in

conformity with the Basic Principles on the Role of Lawyers (Hungary);

144.75 Amend the Bar Council Act in order to allow for the Bar Council to

become a truly independent and self-governing association (Hungary);

144.76 Amend the Bar Council Act to ensure the Bar Council’s

independence, and commit to improving legal education and continuing legal

professional development, including with regard to international human rights

law and the United Nations human rights mechanisms (Canada);

144.77 Raise the age of criminal responsibility to international standards

(Lithuania);

144.78 Review the laws and measures about marriage, especially of people

belonging to minorities (Holy See);

144.79 Lift restrictions to freedom of movement and local orders (Djibouti);

144.80 Review the News Media Law and the Printing and Publication

Enterprise Law of 2014, in consultation with media representatives, in order to

bring it in conformity with international standards regarding freedom of

expression (Belgium);

144.81 Consider reviewing the News Media Law as well as the Printing and

Publication Enterprise Law of 2014 in conformity with international human

rights standards in order to enhance freedom of speech in the country (Ghana);

144.82 Ensure the protection of human rights defenders (Chile);

144.83 Create and maintain a safe and enabling environment for civil

society, human rights defenders and journalists (Norway);

144.84 Take concrete steps to promote and protect the right of peaceful

assembly, in line with international human rights law and standards (Brazil);

144.85 Make further efforts to reinforce and protect the rights of the Muslim

minorities in Myanmar (Oman);

144.86 Take measures to improve the condition of religious/ethnic minorities

respecting their human rights and ensuring they are not denied the right of

citizenship or subject to discrimination, in a manner consistent with

international standards (Portugal);

144.87 Finalise the citizenship verification process of persons lacking

identity documents or holding a “turquoise” card and the establishment of a

transparent process to legalise the residence status of those who do not meet

Myanmar’s citizenship criteria (Switzerland);

144.88 Amend laws that permit the compulsory acquisition of land by

private businesses so that the expropriation is only permitted in the cases of

necessary, proportionate and narrowly construed public interest, with strong

procedural safeguards (Netherlands).

145. The recommendations below did not enjoy the support of Myanmar and would

thus be noted:

145.1 Ratify the Convention against Torture, the Convention on the Rights

of Persons with Disabilities, the International Convention on the Elimination of

All Forms of Racial Discrimination, as well as the Rome Statute of the

International Criminal Court (Austria);

145.2 Ratify the Rome Statute (Botswana) (Djibouti) (Ghana) (Latvia);

145.3 Adhere to the Rome Statute and fully harmonize its national

legislation with it (Guatemala);

145.4 Accede to and fully align national legislation with the Rome Statute

(Cyprus);

145.5 Accede to the Rome Statute and the Agreement on the Privileges and

Immunities of the International Criminal Court (Estonia);

145.6 Continue acceding to international human rights treaties, strengthen

the process of reforms, and pay more attention on the problems related to

indigenous people in Rakhine state (Kyrgyzstan);

145.7 Amend the Constitution to provide guarantee for freedom of religion

in Myanmar, in line with Article 18 of the Universal Declaration of Human

Rights (Bahrain);

145.8 Ensure human rights protection to all people in Myanmar including

the Rohingya (Guatemala);

145.9 Grant the Special Rapporteur on the situation of human rights in

Myanmar unimpeded access to Rakhine state, including the internment camps,

as well as any other requested meetings countrywide on her next visit (Ireland);

145.10 Take immediate steps to end violence and discrimination against

national or ethnic, linguistic and religious minorities (Austria);

145.11 Abolish all forms of institutional discrimination against Islamic

religious minorities (Saudi Arabia);

145.12 Prohibit and prosecute hate speech and discriminatory practices that

incite violence towards minorities, and especially clearly endorse non-

discrimination and the right of all individuals in Rakhine State to equal

protection under the law (Norway);

145.13 Remove discriminatory provisions of the “Protection of Race and

Religion Law” (Turkey);

145.14 Further review and abolish those laws which are discriminatory

against women and religious minorities according to international standards

(Lithuania);

145.15 Repeal immediately the four recently adopted laws on the “protection

of race and religion” regarding interfaith marriage, religious conversion,

monogamy, and population control (Denmark);

145.16 Repeal the Special Law on the Marriage of Buddhist Women and the

Law on Religious Conversion and review and amend the Law on Birth Control

and the Law on Monogamy to conform them to international human rights

norms and standards (Uruguay);

145.17 Review the recently adopted “protection of race and religion” laws to

ensure that they are in line with Myanmar’s human rights treaty obligations

and that they adequately protect the rights of persons belonging to minority

groups (Italy);

145.18 Repeal or revise discriminatory provisions in the legislation,

including the four recently adopted laws on the protection of race and religion,

and in this regard, adopt an action plan to promote, through concrete activities,

tolerance and peaceful inter-faith and inter-ethnic co-existence in Myanmar

(Czech Republic);

145.19 Repeal or amend the package of four laws on race and religion — the

Religious Conversion bill, the Buddhist Women’s Special Marriage bill, the

Monogamy bill and the Population Control and Healthcare bill — to ensure

respect for the human rights of women and ethnic and religious minority

communities, and consistency with international human rights obligations and

standards (Canada);

145.20 Eliminate discrimination of and violence against religious minorities

including by bringing national legislation such as the “Laws on Protection of

Race and Religion” and the 1982 citizenship act in accordance with

international human rights obligations, and establish an effective birth

registration system guaranteeing universal access to education and other

government services (Germany);

145.21 Repeal or revise the “Protection of Race and Religion” laws and

Section 377 of the 1861 Penal Code to ensure the rights of women, religious

minorities and the lesbian, gay, bisexual, transgender and intersex community

are protected (Australia);

145.22 Disclose the findings of the Commission of Inquiry established to

investigate cases of excessive use of force by police (Italy);

145.23 Investigate and punish the cases of intimidation, harassment,

persecution, torture and enforced disappearances, especially against political

dissidents, journalists, ethnic and religious minorities and human rights

defenders (Uruguay);

145.24 Undertake the appropriate measures to prevent and combat domestic

violence and sexual violence committed by military personnel and police

officers against young girls and adolescents (Albania);

145.25 Continue to prioritize its work with the ILO on a Joint Action Plan

on Child Soldiers to progress the implementation of Resolution 1612 (New

Zealand);

145.26 Step up efforts and cooperate with relevant countries and

international partners, address the situation in Rakhine State at its root causes,

and combat people smuggling and human trafficking (Thailand);

145.27 Take all necessary measures to prevent exploitation, including human

trafficking that Rohingya Muslims are suffering from, and address the root

causes that force them to be vulnerable to those practices (Saudi Arabia);

145.28 End impunity of members of the army and government officials, who

commit human rights violations, and bring them to justice (Saudi Arabia);

145.29 Amend article 377 of the Penal Code to ensure that only non-

consensual sexual relations between persons of the same sex are punishable

(Spain);

145.30 Prevent discriminatory local orders and practice of restricting

marriages for Rohingya people and pregnancy for Muslim women aimed at

reducing the number of their children (Slovenia);

145.31 Amend the News Media Law and the 2014 Printing and Publications

Law in compliance with international human rights standards (Austria);

145.32 Amend the News Media Law and the 2014 Printing and Publishing

law in line with international human rights standards protecting the freedom of

expression and ensure that any new laws regulating the internet or access to

information comply with such standards (Latvia);

145.33 Delete or amend all legal provisions on peaceful assemblies, which

restrict the exercise of the rights to freedom of expression and assembly

(France);

145.34 Review and amend the Peaceful Assembly and Peaceful Procession

Act to bring it in line with international standards on freedom of expression

and assembly (Sweden);

145.35 Align domestic legislation on freedom of expression and association,

especially the Peaceful Assembly and Peaceful Procession Act, with

international norms (Luxembourg);

145.36 Remove the broad range of restrictions on the rights to peaceful

assembly and freedom of expression in the Law on the Right to Peaceful

Assembly and Peaceful Procession, replace the system of prior authorization

for peaceful assemblies with a system of voluntary notification and remove

criminal sanctions for acts protected under international standards on freedom

of expression and peaceful assembly (Estonia);

145.37 Ensure universal suffrage for all adults of voting age, regardless of

ethnicity (New Zealand);

145.38 Continue with democratization and reform processes by, inter alia,

ensuring an equal playing field for all political parties at all stages of the

electoral process and by building a fully civilian parliamentary representation

chosen in democratic elections (Czech Republic);

145.39 Guarantee the right of Rohingyas to participate and vote in the

coming national elections (Sudan);

145.40 Guarantee to Rohingya and other ethnic minorities the full

enjoyment of their civil and political rights, in particular the right to vote in the

forthcoming elections (Luxembourg);

145.41 Protect and promote rights of all minorities including Rohingya

Muslims (Pakistan);

145.42 Promote and protect the basic rights of ethnic and religious

minorities in law and practice, especially Rohingyas (Sudan);

145.43 Take urgent measures to prevent and fight against the social

exclusion targeting the Rohingya Muslim minority (Senegal);

145.44 Respect the human rights of the Rohingya Muslims and other

minorities in Myanmar in accordance with Human Rights Council resolution

22/95 of April 2015 (Costa Rica);

145.45 Intensify its efforts to end discrimination and acts of violence suffered

by members of ethnic and religious minorities, particularly the Rohingya

(Argentina);

145.46 Safeguard enjoyment of human rights for all minorities, particularly

Rohingyas, bring to an end discriminatory practices faced by the community,

and prosecute perpetrators of violations (Libya);

145.47 Put an end to the discrimination against the Muslims of Rohingya

(Oman);

145.48 Take concrete measures to address the issue of violence against the

Rohingya, including addressing the accountability of perpetrators as well as

individuals who feed polarization through hate speech (Belgium);

145.49 Undertake concrete and positive steps to put an end to all acts of

discrimination, violence and other human rights violations against the

Rohingyas, other Muslim minorities as well as all minorities in general

(Malaysia);

145.50 Fight stigmatisation, terrorisation and harassment of minorities,

especially Rohingya Muslims and ensure these crimes do not remain

unpunished (Djibouti);

145.51 Ensure the protection of human rights of all Rohingya Muslims,

address discrimination against them including by combating incitement to

hatred and publicly condemning such acts as well as taking all the necessary

measures to ensure accountability for violations of human rights against

Rohingya Muslims in Myanmar (Egypt);

145.52 Guarantee non-discriminatory access by Rohingya and other Muslim

minorities to social services and education in Rakhine State (Luxembourg);

145.53 Remove all policies targeting Rohingyas in Rakhine State, especially

those that violate fundamental human rights, particularly those restricting

freedom of travel, marriage, education, freedom of worship, two child policy

applied only to them, denial of basic healthcare, and illegal construction of

Buddhist settlements on their land, arbitrary taxes and exploitation (Saudi

Arabia);

145.54 Remove provisions in the 1982 Citizenship Law that grant citizenship

on the basis of ethnicity or race and amend the Law to avoid statelessness

(Turkey);

145.55 Amend the 1982 Citizenship Law to give the Rohingya and all other

religious minorities and ethnic groups access to full citizenship rights (Iceland);

145.56 Amend the Nationality Law of 1982 to include all religious and racial

minorities, including Rohingyas, and to guarantee their full and equal

citizenship, and return the previous nationality documents to them (Saudi

Arabia);

145.57 Take steps to protect the rights and regularize the citizenship status

of all individuals, including those who formerly held temporary identification

cards (Canada);

145.58 Repeal all discriminatory legal provisions such as granting

citizenship on the basis of ethnicity or race and providing for different

citizenship categories (Slovenia);

145.59 Repeal the provisions establishing different categories of citizenship

and remove any indication of ethnicity in identity documents (Mexico);

145.60 Expedite the process of granting citizenship to those minorities,

including the Rohingyas, who consider Myanmar as home (Malaysia);

145.61 Grant the right to full citizenship to Muslim Rohingya in Rakhine

State and allow them to decide their ethnic belonging (Saudi Arabia);

145.62 Address the root causes of the situation in Rakhine State, including

articulating a clear pathway to citizenship for those who identify as Rohingya

(Australia);

145.63 Restore full citizenship of the Rohingya living in Myanmar, ensure

and protect their basic human rights, and engage constructively in the region

on this issue (Netherlands);

145.64 Urgently address the needs of the Rohingya community by:

guaranteeing security, ensuring full humanitarian access across Rakhine,

removing restrictions on freedom of movement, and establishing a pathway to

citizenship (United Kingdom of Great Britain and Northern Ireland);

145.65 Implement concrete measures to combat religious and ethnic

intolerance, restore full citizenship rights of the Rohingya and eliminate

requirements for citizenship that discriminate on the basis of race, religion,

ethnicity or any other status. Resume recognition of the Rohingya as an ethnic

group legitimately residing in Myanmar (Sweden);

145.66 End discrimination against members of the Rohingya population and

members of other minority groups, including by providing a pathway to or

restoring citizenship for stateless persons without requiring them to accept

ethnic designations they do not agree with, removing restrictions on freedom of

movement, and revising discriminatory legislation, including the 1982

Citizenship Act and the four “race and religion” laws (United States of

America);

145.67 Ensure that national legislation is in accordance with the United

Nations Declaration on the Rights of Indigenous Peoples (Denmark);

145.68 Cooperate with the United Nations with a view to ensuring the return

of all refugees and internally displaced persons to their regions (Kuwait);

145.69 Cooperate with the international community to guarantee the return

of all Muslim refugees and displaced persons, and guarantee the cooperation

with all sides, and allow them full access to humanitarian assistance (Saudi

Arabia).

146. All conclusions and/or recommendations contained in the present report reflect

the position of the submitting State(s) and/or the State under review. They should not

be construed as endorsed by the Working Group as a whole.

Annex

Composition of the delegation

The delegation of Myanmar was headed by H.E. Dr. Tun Shin (Mr.), Attorney

General of the Union and composed of the following members:

• H.E. Mr. Maung Wai, Permanent Representative, Permanent Mission of Myanmar,

Geneva;

• Major-General Than Soe (Mr.), Joint Adjutant General, Ministry of Defence;

• Mr. Sit Aye, Head of Legal Advisory Group to the President;

• Mr. Htinn Lynn, Acting Director-General, Ministry of Foreign Affairs ;

• Mr. Myint Soe, Deputy Permanent Representative, Permanent Mission of Myanmar

Geneva;

• Mr. Htay Hlaing, Deputy Director-General, Ministry of Immigration and Population;

• Mr. Min Shwe, Deputy Director-General, Ministry of Home Affairs;

• Mr. Thant Sin, Deputy Director-General, Ministry of Foreign Affairs;

• Mr. Chan Aye, Director, Ministry of Foreign Affairs;

• Mr. Myo Sett Aung, Assistant Permanent Secretary/Director, Ministry of Social

Welfare, Relief and Resettlement;

• Mr. Win Zeyar Tun, Minister-Counsellor, Permanent Mission of Myanmar, Geneva;

• Mr. Kyaw Thu Nyein, Minister Counsellor, Permanent Mission of Myanmar,

Geneva;

• Mrs. Tin Mar Htwe, Director, Ministry of Labour, Employment and Social Security;

• Mr. Aye Kywe, Director, Ministry of Information;

• Mr. Kyaw Kyaw Naing, Director, Union Attorney General’s Office;

• Mrs. Su Su Win, Counsellor, Permanent Mission of Myanmar, Geneva;

• Mrs. Su Lay Nyo, Assistant Director, Ministry of Foreign Affairs;

• Mr. Thu Rein Saw Htut Naing, First Secretary, Permanent Mission of Myanmar,

Geneva;

• Ms. Thet Thizar Tun, First Secretary, Permanent Mission of Myanmar, Geneva;

• Mr. Ye Min Myat, Assistant Director, Ministry of Home Affairs;

• Mr. Than Tun Win, Third Secretary, Permanent Mission of Myanmar, Geneva;

• Mr. Maung Maung Aung, Attaché, Permanent Mission of Myanmar, Geneva;

• Mr. Tun Tint Wai, Attaché, Permanent Mission of Myanmar, Geneva;

• Ms. Myat Myo Swe, Attaché, Permanent Mission of Myanmar, Geneva.