Myanmar: Special Rapporteur for Myanmar's mandate must be extended

ARTICLE 19 has joined over 100 organisations in calling on the UN Human Rights Council to renew the mandate of the UN Special Rapporteur for Myanmar, currently held by Professor Yanghee Lee. The Special Rapporteur's role in post-election Myanmar is crucial in ensuring that the international community remains engaged in the political transition, which is far from complete.

OPEN LETTER TO PERMANENT REPRESENTATIVES OF MEMBER AND OBSERVER STATES OF THE UN HUMAN RIGHTS COUNCIL

Dear Excellencies,

We write to you regarding Burma/Myanmar as civil society groups working on the ground in the country. We strongly urge you to continue the UN Human Rights Council resolution on Burma/Myanmar and as in past years extend the mandate of the Special Rapporteur under Item 4 of the Council's agenda. At this important juncture in the country's history, we request the Council and the Special Rapporteur to work towards establishing clearly benchmarked guidelines that will act as a road map for the future of human rights in Burma/Myanmar.

Burma/Myanmar's political transition is at the cusp of a new era, however this era is yet to come and a full transition is yet to take place. It is at such moments that we look to the Council for heightened vigilance and support. These moments are fragile and years of hard work can be easily derailed at such a time in the absence of close scrutiny and monitoring.

When the Council considers Burma/Myanmar this year, the newly elected government would not have fully settled in and the extent of democratic civilian control still remains limited. Under the 2008 Constitution, the military is guaranteed 25% of Parliamentary seats; control of three key and powerful ministries; extensive powers through the General Administration Department (GAD) under the Ministry of Home Affairs; and has the upper hand in the powerful National Defense and Security Council (NDSC). Constitutional safeguards also prevent elections from truly being free, fair and credible while ensuring the military remains impervious to change. Recent legislative initiatives, such as the proposed NDSC bill, approval of the Presidential Security bill and extension of the military commander in chief's retirement age by a further five years, are further bids to shore up the military's power. Until the military is reformed, placed under civilian control and held accountable for its actions, it will remain the main perpetrator of human rights abuses.

In the coming months, as we approach a potential point of departure for politics in the country, it is important to recognise that beneath the political transition there lies an enormous human rights challenge.

As you may know the government's pledge to release all political prisoners by 2013 is yet to be fulfilled. 2015 ended with 128 political prisoners still behind bars while 403 activists and human rights defenders awaited trials. The year 2015 saw an increased crackdown on dissent and the freedom of association. Notorious laws such as the Article 18 of the Peaceful Assembly and Procession Act and the Telecommunications Act remain prone to abuse alongside a draconian criminal code. Institutions such as the judiciary and the Myanmar National Human Rights Commission need urgent reforms to ensure their independence and impartiality. The military drafted 2008 Constitution in its current form entrenches impunity and enables the Burma Army to control all walks of life through its position in key ministries. Such fundamental institutional changes will require close monitoring and assistance by UN experts as well as public participation.

Serious ongoing armed conflict and escalating forced displacements, particularly in ethnic areas, makes a mockery of the peace process including the Nationwide Ceasefire Agreement (NCA). The armed conflict continues to displace victims by the thousands and has affected most of these communities for many decades alongside widespread abuses including torture, sexual violence and extrajudicial killings, all of which still continue at present. This is in addition to the thousands of refugees along the Thailand-Burma/Myanmar border who continue to be displaced with little prospects for a safe and dignified return. The military continues to exert an iron grip on ethnic minority states and is the largest perpetrator of abuses, including the systematic use of sexual violence. A former UN special rapporteur on the situation of human rights situation in Burma/Myanmar called for an inquiry into war crimes and crimes against humanity in the country and said that abuses were "a state policy that involves authorities in the executive, military and judiciary at all levels". The recently signed NCA and the following Union Peace Conference have not signalled any possibility of change.

In the past few years intolerance and religious extremism have been rife in Burma/Myanmar. Systematic discrimination imposed through legislation and state policy on Muslim minority communities is notable in this regard. The intensity of this discrimination provoked a massive regional refugee and humanitarian crisis last year, encompassing parts of South Asia and a major part of South East Asia. To date, the root causes for their persecution and flight are yet to be resolved.

Deeply entrenched conflicts have to be resolved and truth, justice and accountability need to be established. This is once again a task of massive proportions that will require extensive international assistance, monitoring and expertise.

We believe that it is imperative for the UN Human Rights Council to play a leadership role in this momentous time in the history of Burma/Myanmar. The Council should utilise its long experience of engaging with the country as it continues its nascent transition and political reforms toward democracy. In order to do this the body should continue its current engagement under item 4 of its agenda and take advantage of this historic moment to provide a clear vision and roadmap to tackle the massive human rights challenges Burma/Myanmar faces. The government of Burma/Myanmar should in tandem take immediate steps to facilitate the opening of the long pending Office of the United Nations High Commissioner for Human Rights (OHCHR) with a full monitoring and reporting mandate within the country.

Please accept the assurance of our highest consideration.

SIGNATORIES

Action Committee for Democracy Development

All Arakan Civil Society Organizations Partnership

All Arakan Students' and Youths' Congress

All Burma Federation of Student Unions

Alliance for Gender Inclusion in the Peace Process

Arakan Rivers Network

Article 19 Myanmar

Assistance Association for Political Prisoners

Association of Human Rights Defenders and Promoters

Ayerwaddy West Development Organization (မင္းဘူး)

Azure Women Group

Back Pack Health Worker Team

Burma Issues

Burma Medical Association

Burma Partnership

Burma Study Center

Burmese Women's Union

Candle Light

Care For Children

Chin Youth Network

Chinland Natural Resources Watch Group

Civil Authorize Negotiate Organization

Committee for Internally Displaced Karen People

Committee for Protection and Promotion of Child Rights (Burma)

Community Response Group

Community Sustainable Livelihood Development Committee

Dawei 88 Geneation

Dawei Development Association

Dawei Research Association

Dawei Watch Foundation

Dawei Youth Fellowship

Diverze Youth Art Platform

Educational Initiatives

Equality Myanmar

Ethnic Affairs Institute

Ethnic Youths Development Center

Farmer Union (Dawei District)

Farmer Union Kyaukse

Farmers And Landworkers Union (Myanmar)

Forum for Democracy in Burma

Free Thinkers

Future Light Center

Gender Equality Network

Gender and Development Institute-Myanmar

Genuine People's Servants

Green Rights Organization (Shan State)

Green Soul

Green Trust Pyin Oo Lwin

Human Rights Defenders Myingyan

Human Rights Educators Network

Human Rights Foundation of Mon Land

Human Rights Watch Dawei

Humanity Institute

IFI Watch Myanmar

ISchool - Myanmar

Justice Movement for Community - Innlay

Kachin Canadian Association

Kachin Development Networking Group

Kachin Legal Aid Network

Kachin Peace Network

Kachin Women Peace Network

Kachin Women's Association - Thailand

Karen Environmental and Social Action Network

Karen Human Rights Group

Karen Women's Organization

Karenni National Women's Organization

Karenni Refugee Committee

Karenni Social Welfare and Development Center

Kayan Women's Organization

Land in Our Hands

Mae Tao Clinic

Mon Youth Organization - Ye

Mong Pan Youth Association

Myanmar Alliance for Transparency and Accountability

Myanmar Alliance for Transparency and Accountability (Mandalay Division)

Myanmar China Pipeline Watch Committee

Myanmar Network Organization for Free and Fair Elections

Myanmar People Alliance

Nay Thu Yein Law Firm

Network for Democracy and Development

Network for Human Rights Documentation - Burma

Overseas Irrawaddy Association

Palaung Women's Organization

Parents, Families and Friends of Lesbians and Gays - Myanmar

Paung Ku

Peace & Open Society (Kyaukse Twonship)

Peace and Justice

Rays of Kamothway Indegnious Pepole Network

Sha-it Social Development Foundation

Shan Human Rights Foundation

Shan Youth Power

Social Program Aid for Civil Education

Takapaw

Tanintharyi River and Indegnious People Network

Tavoyan Women's Union

Ta'ang Students and Youth Organization

The Seagull: Human Rights, Peace and Development

Thuriya Sandra Environmentally

Union of Karenni State Youth

United ACT

Upper Chindwin Youth Network

Volunteer Youth Group

Wan Lark Development Foundation (Arakan)

Warmly Metta Organization

Women And Peace Action Network (Shan State)

Women's League of Burma

Yaung Chi Oo Workers' Association

Yaung Zin Organization

Youth Development Network

Youth Pacemaker Organization

Zomi Students and Youth Organization