The Special Advisor to the Secretary-General on Myanmar, Mr. Vijay Nambiar, presented his report to the General Assembly Third Committee on 19 October 2011. The report highlights the key human rights developments in the country in the last year with a special focus on the ongoing political transition following national and state elections. Mr.

The Special Advisor to the Secretary-General on Myanmar, Mr. Vijay Nambiar, presented his report to the General Assembly Third Committee on 19 October 2011. The report highlights the key human rights developments in the country in the last year with a special focus on the ongoing political transition following national and state elections. Mr. Nambiar stressed that the Secretary-General remains highly committed to the situation in Myanmar and commended the new government’s efforts exhibited through the recent release of prisoners, peace talks, the establishment of the Commission on Human Rights, and ongoing law reform on critical issues relating to the situation of human rights in the country.

The interactive dialogue with the UN Special Rapporteur on the situation of human rights in Myanmar, Mr. Tomas Ojea Quintana, was held later the same day. Mr. Quintana’s report also highlighted various reforms implemented by the newly elected government, which came into office in April 2011. Among others, he pointed in his presentation to the recent release of prisoners, a new labour law that allows the formation of unions and the right to strike, and consideration by Parliament of changes to the Political Parties Registration Law. He also welcomed continuing talks between Minister Aung Kyi and Daw Aung San Suu Kyi, as well as the meeting with President Thein Sein. Mr. Quintana called for the assistance of the international community to aid the continuance of the government’s efforts.

However, Mr. Quintana also pointed out several areas for continued concern. For instance, neither the judiciary nor the National Human Rights Commission is impartial and independent, ethnic conflicts continue to be a concern, and the issue of displaced people has not been yet addressed. The Special Rapporteur called upon the government to implement his previous recommendations on the establishment of independent and impartial judiciary and stressed the need to abide by the principles of humanitarian law and protect civilians. He furthermore called upon the government to grant amnesty to all prisoners of conscience without any conditions, and grant the International Committee of the Red Cross (ICRC) access to all its prisons. He reiterated that allegations of gross and systematic human rights violations should be undertaken without delay by an independent and credible body and that this responsibility fell to the international community if the Government failed, or was unable to assume that responsibility. He concluded his presentation by highlighting that, despite all of the positive changes made by the government, human rights violations persist as he still continues to receive communications, which shows that there is still more to be done.

The delegate from Myanmar thanked Mr. Quintana for the constructive elements of his report and affirmed that profound progress has been made in the country since the new government took power. He reiterated several recent initiatives in Myanmar, including dialogue with Daw Aung San Suu Kyi, the granting of a second amnesty, the enactment of a Labour Organizations Law, the amendment of the electors laws, the signing of peace agreements with some armed groups and the establishment of the National Human Rights Commission.  The delegate further emphasised the new president’s commitment to promoting the economic and social development of the country and affirming the process of reconciliation, evidenced by the peace talks underway. He pointed out that momentous changes are happening smoothly through democratisation, economic development and the improved livelihood of the people of Myanmar. Lastly, the delegate appreciated the Special Rapporteur’s acknowledgment of the positive changes and called for a better understanding from the international community and to refrain from unfounded allegations as in previous reports. Given the improved situation of human rights, he called for an end to the country resolution on Myanmar.

Other states such as the US, EU, Japan, Canada, South Korea, Switzerland, and the UK thanked the Special Rapporteur for his honest views on the report, commended the new government on the progress it had made so far but raised concerns about aspects of the situation in Myanmar that of continued concern.

Delegations from the EU, Switzerland and Norway stressed the need for capacity building of the justice sector while the delegation from the Maldives stressed the need for strengthening the deteriorating education system in the country. Yet others, such as Canada, the US, and the UK raised serious concern at the resumption of conflicts in some areas and called for their peaceful resolution. Concerns about freedom of religion and freedom of the press were touched upon by delegations from Canada and the EU. The United Kingdom’s asked for the Special Rapporteur’s views on the capacity of the Human Rights Commission to address human rights abuses.

The Special Rapporteur said that he hopes to visit Myanmar again before submitting his next report to the Human Rights Council. He concluded with a call for the government to release all prisoners of conscience, assume responsibility to avoid abuses in on-going conflicts, encourage national reconciliation, avoid the militarization of those ethnic areas, guarantee the independence of the judiciary, and improve the operation of the parliament. The Special Rapporteur was clear that the recently established National Human Rights Commission could eventually play a role in ensuring justice and accountability but that it was not sufficiently independent at this stage.