A/74/342
I. Introduction
1.
The present report, submitted pursuant to Human Rights Council resolution
40/29, covers developments in Myanmar since the previous report of the Special
Rapporteur on the situation of human rights in Myanmar, Yanghee Lee, to the Council
(A/HRC/40/68) and the oral update presented to the Council in July 2019.
2.
Myanmar continues to deny access to the Special Rapporteur, obstructing the
execution of her mandate and fulfilling the duties tasked to her by the Human Rights
Council. As a result of this denial of access, the Special Rapporteur conducted a visit
to Thailand from 8 to 14 July and to Malaysia from 14 to 18 July 2019. In Thailand,
she met government officials, United Nations agencies working in Thailand and the
region (including Myanmar) and non-governmental organizations (NGOs). In
Malaysia, she engaged with government officials and held discussions with the United
Nations and refugees from Myanmar. She held teleconferences with the United
Nations country team in Myanmar and NGOs, experts and human rights defenders in
Myanmar.
3.
The Special Rapporteur requested a visit to China, to which she did not receive
a reply. She continues to seek opportunities for cooperation with the Government of
Myanmar. Following her mission to Malaysia and Thailand, she sent a list of
questions to the Government, to which she has not yet received a response.
II. Positive developments
4.
The Special Rapporteur commends the passage of children’s rights legislation
in July, marking a significant improvement in the legal protection of children ’s rights
in Myanmar. She notes that the law provides for education for all children and places
parameters on child labour. Under the law, no child shall be employed in the worst
forms of labour and no child younger than 14 years of age is considered employable.
All children have the right to birth registration, the minimum age for marriage is 18
years and the six grave violations against children in armed conflict are criminalized.
5.
Myanmar has been undertaking substantial work to reduce barriers to access to
health and legal services relating to HIV/AIDS. The Special Rapporteur notes that a
bill on people living with and affected by HIV/AIDS is being developed and that the
Drug Law of 2018 has had a positive impact in this area. Issues remain, however, in
particular with regard to people continuing to be arrested for carrying used syringes
containing drug residue, which discourages people from returning them, given that
the police have not been provided with directives in relation to the Drug Law.
6.
In June, the Government announced that the “other accounts” held by Stateowned economic enterprises outside of the State budget and used without oversight
would be closed. This is an opportunity for the Government to improve transparency
in the economy and support the greater realization of the right to information. In
addition, it should ensure that departments tasked with enforcing regulations are
better resourced, in particular in sectors in which the Special Rapporteur has observed
significant human rights issues such as natural resource extraction and power
generation.
7.
The Myanmar National Human Rights Commission has prepared a draft
strategic plan for the period 2020–2024 and has shared it publicly in order to receive
comment. The Special Rapporteur is encouraged that the Commission has, as one of
its proposed strategic interventions, advocacy to strengthen its foundi ng law, which
would enable it to make an improved contribution to human rights in Myanmar. The
Special Rapporteur recommends that the law be amended to fully align with the
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