DECLARATION ON THE HUMAN RIGHTS

vl@tcGifhta&;umuG,fapmifha&Smufolrsm;qdkif&m a=unmpmwrf; vl@tcGifhta&;umuG,fapmifha&Smufolrsm;qdkif&m a=unmpmwrf; 1998 ckESpf 'DZifbmv (9) &ufae@wGif ukvor~taxGaxGnDvmcHu jyXmef;cJhonf?

jyXmef;cJhonf?

jrefrmbmom

jrefrmbmom / Burmese

Burmese

Translated by Printed by

HREIB


1

2

UN Declaration on Human Rights Defenders

vl@tcGifhta&;umuG,fapmifha&Smufolrsm;qdkif&m a=unmpmwrf;

vl@tcGifhta&;umuG,fapmifha&Smufolrsm;qdkif&m a=unmpmwrf; 1998 ckESpf 'DZifbmv (9) &ufae@wGif ukvor~taxGaxGnDvmcHu jyXmef;cJhonf?

jrefrmbmom/Burmese


3

Cover/ Layout: Sverre Rakkenes Translated by: Human Rights Education Institute of Burma (HREIB) GPO Box 485 Chiang Mai 50000 Thailand. www.hreib.com The Asian Forum for Human Rights and Development (FORUM-ASIA) and Human Rights Education Institute of Burma (HREIB) wishes to acknowledge the generous support and contribution of the following individual in the publication of this translation: Aung Myo Min Copyright © 2008 This book was written for the benefit of human rights defenders and may be quoted from or copied so long as the source and authors are acknowledged

Printed by: Asian Forum for Human Rights and Development (FORUM-ASIA) 246 Times Square Building 12 Fl., 12-01 Sukhumvit Road, Between Soi 12-14 Khlong Toei, Khlong Toei Bangkok 10110, Thailand www.forum-asia.org 4


vl@tcGifhta&;umuG,fapmifha&Smufolrsm;qdkif&m a=unmpmwrf; 1998 ckESpf 'DZifbmv (9) &ufae@wGif ukvor~taxGaxGnDvmcHu jyXmef;cJhonf? tydk'f (1) vlwdkif;wGif rdrdwdk@ wOD;csif;jzpfap/ tjcm;olrsm;ESifh yl;aygif;Ijzpfap vl@tcGifh ta&;ESifh tajccHvGwfvyfcGifhrsm;udk EdkifiHawmf tqifhESifh EdkifiHwumtqifh wdk@wGif wdk;wufjrifhrm; atmif vkyfaqmifcGifh/ umuG,fapmifha&SmufcGifhESifh trSefwu,f&&Sd cHpm;ykdifcGifh&Sdonf? tydk'f (2) (1) tpdk;&wdkif;onf vl@tcGifhta&;ESifh tajccHvGwfvyfcGifhrsm;twGuf umuG,f&ef/ jrSifhwifay;&efESifh taumiftxnfazmf aqmif&Gufvkyfudkif&ef wm0ef0W&m;rsm;&Sdonf? xdk@twGuf vlr_a&;/ pD;yGm;a&;/ EdkifiHa&;ESifh tjcm;e,fy,frsm;wGif ,if;tajctaersm;ay: xGef;vmap&ef vdktyfonfh tqifhrsm;udk csrSwfaqmif&Guf&rnf? rdrdwdk@wdkif;jynf. tcsKyf tjcmtm%m atmufwGif&Sdolwdkif; wOD;csif;jzpfap/ pkaygif;Ijzpfap,if; tcGifhta&;rsm; ESifh tajccHvGwfvyfcGifhrsm;udk trSefwu,f cHpm;cGihf&&Sdap&ef Oya't& tumtuG,fay; jcif;wdk@udkvnf; vkyfaqmifay;&rnf? (2) tpdk;&wdkif;onf vuf&Sda=unmpmwrf;wGif azmf!Gef;xm;aom tcGifh ta&;rsm;ESifhvGwfvyfcGifhrsm;udk xda&mufpGm tmrcHEdkifa&;twGuf vdktyf aom Oya'jyKr_/ pDrHtkyfcsKyfr_rsm;ESifh tjcm;vkyfief;tqifhrsm;udk csrSwf aqmif&Guf&ef vdktyfonf? jrefrmbmom / Burmese

5

tydk'f (3) jynfwGif;Oya'rsm;onf ukvor~yÉd^mOfpmwrf;yg tcsuftvufrsm;ESifh udkufnDr_&Sd&rnf? xdk@tjyif tjcm;aom ekdifiHwum0W&m;rsm;ESifh ouf qkdifaom vltcGifhta&;ESifh tajccHvGwfvyfcGifhrsm;onfvnf; xdkEdkifiH . vl@tcGifhta&;ESifh tajccH vGwfvyfcGihfrsm;ESifh udkufnDap&rnf? ,if; Oya'rsm;onf vl@tcGifhta&;ESifh tajccHvGwfvyfcGifhrsm;udk taumif txnfazmfjcif;ESifh &&SdcHpm;ydkifjcif;wdk@twGuf w&m;Oya'jyKa&;qdkif&m tajccHabmifjzpfap&rnf? ,cka=unmpmwrf;wGif !Gef;qdkxm;aom tcGifhta&;rsm;ESifh vGwfvyfcGifhrsm;udk taumiftxnf azmf&mwGif ,if; Oya'rsm;. wdk;wufjrifhrm;a&;/ umuG,fapmifha&Smufa&;ESifh xda&mufr_ &Sdapa&;wdk@twGuf a&S;±_aqmif&Guf&rnf? tydk'f (4) vuf&Sda=unmpmwrf;udk ukvor~yÉd^mOfpmwrf; (odk@r[kwf) tjynf jynfqdkif&mvltcGifhta&; a=unmpmwrf;/ EdkifiHwumvl@tcGifhta&; pmcsKyfpmwrf;rsm;/ xdke,fy,frsm;ESifh oufqdkifaom EdkifiHwum oabmwl pmcsKyfrsm;/ qHk;jzwfcsufrsm;wGifyg0ifaom tcsuftvufrsm;ESifh qef@usif aom (odk@r[kwf) tvJGoHk;pm;vkyfaom &nf&G,fcsufjzifh toHk;rjyK&? tydk'f (5) vl@tcGifhta&;ESifh tajccHvGwfvyfcGifhrsm;udk jr‡ifhwifay;&efESifh umuG,fay; &eftwGuf/ vlwdkif;onf EdkifiHawmfESifh EdkifiHwumtqifhwdk@wGif wOD;csif;jzpf ap trsm;ESifhpkaygif;Ijzpfap (u) +idrf;csrf;pGm awG@qHkcGifhESifh pka0;cGifh/ 6


(c) tpdk;&r[kwfaom tzJG@tpnf;rsm;/ toif;tzJG@rsm;ESifh tkyfpkrsm;udk zJG@pnf;cGifh/ 0ifa&mufcGifhESifh yg0ifv_yf&Sm;cGifh/ (*) tpd;k &r[kwaf om tzJ@G tpnf;rsm; (od@k r[kw)f tpd;k &rsm;jzifq h ufpyfz@GJ pnf;xm; aom tzJG@tpnf;rsm;ESifh qufoG,fcGifh &Sdonf? tydk'f (6) vlwdkif;onf wOD;csif;jzpfap/ trsm;ESifh pkaygif;Ijzpfap (u) vl@tcGifhta&;rsm;/ tajccHvGwfvyfcGifhrsm;ESifh ywfoufonfhowif; rsm;udkvufcH &&SdcGifhESifh odkrSD;cGifh&Sdonf? xdkvGwfvyfcGifhESifh tcGifhta&;rsm; onf EdkifiHawmf.w&m;Oya'jyKa&;/ w&m;pD&ifa&;ESifh pDrHtkyfcsKyfa&;wdk@ wGif rnfodk@rnfyHk oufa&mufr_&SdEkdifa=umif;ESifh ywfoufaom owif; tcsuftvufrsm;vnf; &&SdcGifh&Sdonf? (c) vl@tcGifhta&;ESifh oufqdkif&m tjcm;EdkifiHwum pmcsKyfpmwrf;rsm;wGif azmfjyxm;ouJhodk@ vl@tcGihfta&;rsm;/ tajccHvGwfvyfcGifhrsm;ESifh ywfouf onfh tjcm;t,ltqrsm;/ owif;tcsuftvufrsm;ESifh A[kokwrsm;udk vGwfvyfpGm xkwfa0cGifh/ wifjycGifhESihf jzef@jzL;ykdifcGifh &Sdonf? (*) Oya't&jzpfap/ vufawG@b0wGifjzpfap vl@tcGifhta&;rsm;/ tajccH vGwfvyfcGifhrsm; ESifhywfoufI avhvmcGifh/ aqG;aEG;cGifh/ rdrdwdk@. t,l tqrsm;udk udkifpJGazmfaqmifcGifh&Sdonf? xdk@tjyif avsmfuefaom enf; vrf;rsm;jzifh tjcm;olrsm;. tm&Hk0ifpm;r_&vmap&efvnf; vkyfykdifcGifh&Sd onf?


7

tydk'f (7) vlwdkif;onf wOD;csif;jzpfap/ trsm;ESifhpkaygif;Ijzpfap/ vl@tcGifhta&;ESifh ywfoufaom t,ltqtopfrsm;/ rl0g'opfrsm;udk zefwD;cGifhESifh aqG;aEG; cGifh&SdjyD;/ xdkt,ltqrsm;udk tjcm;olrsm;u vufcHvmatmif wkdufwGef; ajymqdkcGifh &Sdonf? tydk'f (8) (1) vlwdkif; wOD;csif;jzpfap/ trsm;ESifhpkaygif;Ijzpfap/ ‚wdk@. tpdk;& twGif;wGif cJGjcm;zdESdyfjcif; tvsOf;r&SdapbJ yg0ifEkdifcGifh&Sdonfhtjyif/ jynf ol@a&;&mudPrsm;wGifvnf; xda&mufpGm yg0ifywfoufcGifh&Sdonf? (2) xdktcGifhta&;xJwGif vlwOD;csif;jzpfap/ trsm;ESifhpkaygif;Ijzpfap/ vlxka&;&mESifh oufqkdifonfh a0zeft=uHjyKr_rsm;udk tpdk;&Xmersm;/ at*sifpDrsm;ESifh tzJGtpnf;rsm;okd@ wifjycGifh&Sdonf? xkdokd@ wifjyjcif;onf ,if;tzJG@tpnf;rsm;. vkyfaqmifcsufrsm; wkd;wuf aumif;rGefvmap&ef &nf&G,fonf? xdk@tjyif vl@tcGifhta&;rsm; tajccHvGwfvyfcGifhrsm;. wkdk; wufa&;/ tumuG,fay;a&;ESifh todrSwfjyKa&;udk [ef@wm;aESmuf,Suf apEkdifaom rnfonfh±_@a'gifhrsdK;udkrqkd owdjyKrdap&ef &nf&G,fonf? tydk'f (9) (1) ,ck a=unmpmwrf;wGif azmfjyxm;ouJhodk@ vl@tcGifhta&; wdk;wuf jrifhrm;a&;ESifh umuG,fa&;tygt0if/ ,if;tcGifhta&;rsm;udk vufcH usifhoHk;&mwGif vlwdkif;onf wOD;csif;jzpfap/ trsm;ESifhpkaygif;Ijzpfap/ tcGifh ta&;rsm; csKd;azmufcH&ygu xda&mufaom epfema=u; cHpm;ykdifcGifhESifh ,if; tcGifhta&;rsm; csdK;azmufcH&aom tajctaersm;rS tumtuG,f 8


,lykdifcGifh&Sdonf? (2) xdk@twGufa=umifh vl@tcGifhta&;csdK;azmufcH&olwdkif;onf vlyk~dKvf wOD;wa,muf (odk@r[kwf) Oya'abmiftwGif;rS wm0efxrf;aqmifaeol. tultnDjzifh wdkif=um;ykdifcGifh&Sdonf? xdkwdkif=um;r_udk trSDtckduif;pGm w&m;pD&ifEkdifaom/ bufrvdkufaom/ vkyfoifhvkyfxkdufonfudk vkyf aqmif&ef tcGifhtm%m&Sdaom w&m;pD&ifa&;tzJG@ (odk@r[kwf) Oya't& zJG@pnf;xm;aom tm%mydkifrsm;. a&S@arSmufwGif vlxk=um;emr_yHkpHjzifh tvsiftjrefppfaq;=um;em&rnf? vlwOD;wa,mufonf ‚.vl@tcGifh ta&;ESifh vGwfvyfcGifhudk csdK;azmufjcif;cHcJh&ygu epfema=u;&&SdcHpm;ap&ef ,if;tzJG@rS w&m;enf;vrf;uspGm qHk;jzwfpD&ifay;rnf? xdkqHk;jzwf csufESifh cHpm;cGifhrsm;udk aESmifhaES;=uef@=umr_ vHk;0r&Sd&atmif wdkufwGef;aqmif &Guf&rnf? (3) xdk@twlyif vlwdkif;onf wOD;csif;jzpfap/ trsm;ESihf pkaygif;Ijzpfap/ (u) tpdk;&t&m&Sdrsm;ESifh tpdk;&Xmersm;. vl@tcGifhta&;ESifh tajccH vGwfvyfcGifhrsm;tay: csdK;azmufaom rl0g'rsm;ESifh vkyfaqmifcsufrsm;ukd wkdif=um;pm wifIjzpfap (odk@r[kwf) tjcm;oifhavsmf&m enf;vrf;rsm; jzifhjzpfap vkyfief;uGsrf;usifjyD;/ vkyfykdifcGifhtm%m&Sdaom jynfwGif;w&m; pD&ifa&;/ pDrHtkyfcsKyfa&;ESifh w&m;Oya'a&;qdkif&m tm%mydkifrsm; (odk@ r[kwf) wdkif;jynf. Oya'pepfjzifh zJG@pnf;xm;aom vkyfykdifcGifh&Sdonfh tjcm; tm%mydkifrsm;xHodk@ a0zefwdkif=um;cGifh&Sdonf? ,if;tm%mydkifrsm;onf wdkif=um;csufrsm;udk aESmifh aES;=uef@=umr_ vHk;0r&SdapbJ pD&ifaqmif&Gufay; oifhonf?


9

(c) EdkifiHawmf Oya'rsm;ESifh EkdifiHwum vkyfxHk;vkyfenf;rsm;jzifh pD&if xm;aom qHk;jzwfcsufrsm;ay:ESifh ywfoufI udk,fykdift,ltqazmfaqmif Edkif&eftwGuf vlxk=um;emr_/ w&m;pD&ifa&; tqifhqifhESifh w&m;cGifrsm; udk wufa&mufcGifh/ (*) vl@tcGifhta&;ESifh tajccHvGwfvyfcGifhrsm;udk umuG,f&mwGif t&nftcsif;jynfhrSDaom Oya'taxmuftyhHrsm;/ tjcm;oifhawmfaom t}uHOm%frsm;ESifh tultnDrsm;ukd urf; vSrf;cGifhESifh axmufyhHulnDcGifh/ (4) xd@k twl oifah vsmo f nfh Edik if w H um pmcsKyfpmwrf;rsm;ESihf vkyx f ;kH vkyef nf; rsm;t& vlwdkif;onf wOD;csif;jzpfap/ trsm;ESifhpkaygif;Ijzpfap/ a,bl,s odk@r[kwf txl;vkyfaqmif Edkifr_&Sdaom EdkifiHwumtzJG@tpnf;rsm;ESifh taESmifht,Sufr&Sd qufoG,fcGifh&Sdonf? vl@tcGifhta&;ESifh tajccHvGwf vyfcGifh ta=umif;t&mrsm;ESifhywfoufI tquftoG,frsm;udk vufcH cGifhESifh pOf;pm;qifjcifEkdifcGifh &Sdonf? (5) EdkifiHawmftpdk;&onf rdrdwdkif;jynf. tcsKyftjcmtm%mydkifaom ae&m a'otwGif; vl@tcGifhta&;ESifh tajccHvGwfvyfcGifhrsm; csdK;azmufcH&onfh tajctae jzpfay:wdkif; bufvdkufjcif;r&SdbJ vsifvsifjrefjref pHkprf;ppfaq; jcif; (odk@r[kwf) pHkprf;r_ vkyfaqmif&ef tmrcHay;&rnf? tydk'f (10) vl@tcGifhta&;ESifh tajccHvGwfvyfcGifhrsm;udk rnfolwOD;wa,mufrS rcsKd;azmufrdap&? tajctaet& csKd;azmufrdjcif; (odk@r[kwf) rcsKd;azmuf rdap&ef ysufuGufjcif;wkd@ r&Sdap&? xdkodk@ csdK;azmuf&eftwGufapcdkif;r_rsm; udk jiif;qdkrdjcif;a=umifh rnfolwOD;wa,mufrS tjypfay;jcif;ESifhwkef@jyefr_ rsm; cHpm;apjcif;r&Sdap&? 10


tydk'f (11) vlwdkif; wOD;csif;jzpfap/ trsm;ESifh pkaygif;Ijzpfap/ rdrdwdk@. toufarG;0rf; ausmif;r_udk w&m;0ifvkyfukdifcGifh&Sdonf? rdrdtvkyftukdifa=umifh tjcm; olrsm;. *k%fodQm/ tcGifhta&;ESifh tajccHvGwfvyfcGifhwdk@udk xdyg;Edkif onfh taetxm;rsdK;&Sdygu xkdolrsm;onf xdktcGifhta&;rsm;ESifh vGwf vyfcGifhrsm;udk av;pm;&rnfjzpf+yD;/ rdrd. wm0efxrf;aqmifr_onf oufqdkif&mEdkifiHESifh EdkifiHwum vkyfief;cGifqkdif&m tqifhtwef;&Sdaom vkyfenf;vkyf[efrsm;/ usifh0wfrsm;ESifh udkufnDr_ &Sdap&rnf? tydk'f (12) (1) vlwdkif; wOD;csif;jzpfap/ trsm;ESifhpkaygif;Ijzpfap/ vl@tcGifhta&;ESifh tajccHvGwf vyfcGifhrsm;tm; csdK;azmufr_rsm;udk jidrf;csrf;pGm qef@usifonfh v_yf&Sm;r_rsm;wGif yg0ifcGifh&Sdonf? (2) EdkifiHawmftpdk;&onf vlwdkif;tay: wOD;csif;jzpfap/ trsm;ESifhpkaygif; Ijzpfap/ ,ck pmwrf;wGifyg0ifaom tcGifhta&;rsm;udk w&m;0ifusifhoHk; jcif;rsm;. tusdK;qufa=umifh wpHkwa,muftay: t=urf;zufr_rsm;/ +cdrf; ajcmufr_rsm;/ vufpm;acs wkef@jyefr_rsm;tm; wdkuf±kdufjzpfap/ oG,f0dkuf Ijzpfap/ cJGjcm;zdESdyfr_rsm;/ zdtm;ay;r_rsm;ESifh tjcm;aomyHkpHjzifh w&m;rJh vkyfqmifr_rsm;rjzpfatmif vdktyfovdk umuG,fapmifha&Smufr_rsm;vkyf aqmif&rnf? (3) xdkenf;wl vl@tcGifhta&;rsm;ESifh tajccHvGwfvyfcGihfrsm;tm; &&SdcHpm;r_ tay:xdcdkuf ysufjym;atmif wOD;wa,muf (odk@r[kwf) tkyfpkvdkuf t=urf; zufjcif;rsm;/ vl@tcGifhta&;rsm; tajccHvGwfvyfcGifhrsm;tm; tpdk;&u csdK; azmufjcif;rsm;ESifhywfoufI vlwOD;csif;jzpfap tjcm;olrsm;ESifh pkaygif;I jrefrmbmom / Burmese

11

jzpfap/ ryg0ifjcif;wdk@tjyif +idrf;csrf;aom &nf&G,fcsuf/ v_yf&Sm;r_ESifh vkyf aqmifcsufrsm;jzifh qef@usifjcif; (odk@r[kwf) wGef;vSefjcif;rsm;tm; EdkifiH awmfOya'jzifh xdxda&mufa&muf umuG,fay;&rnf? tydk'f (13) vlwdkif; wOD;csif;jzpfap/ trsm;ESifh pkaygif;Ijzpfap/ ,ckpmwrf;. tydk'f (3) t&/ vl@tcGihf ta&;ESifh tajccHvGwfvyfcGifhwdk@ wdk;wufjrifhrm;a&;ESifh umuG,fapmifha&Smufa&;wkd@udk &nf&G,fI +idrf;csrf;aomenf;vrf;rsm;jzifh &if;jrpfrsm;udk awmif;cHykdifcGifh/ vufcHykdifcGifhESifh toHk;jyKydkifcGifhwkd@ &Sdonf? tydk'f (14) (1) EdkifiHawmftpdk;&onf rdrdwdkif;jynf. tcsKyftjcmtm%mydkife,fajr twGif;&Sd EkdifiHom;wdkif; ‚wdk@. EdkifiHom;/ EdkifiHa&;/ pD;yGm;a&;/ vlr_a&;ESifh ,Ofaus;r_qdkif&m &ykdifcGifhrsm;udk jrifhjrifhrm;rm; em;vnfoabmaygufap&ef twGuf w&m;Oya'jyKr_/ w&m;pD&ifr_/ pDrHtkyfcsKyfr_ESifh tjcm;oifhavsmfaom aqmif&Gufr_rsm;udk wm0ef,lvkyfaqmif&rnfjzpfonf? (2)xdkodk@vkyfaqmif&mwGif (u) EdkifiHawmf w&m;Oya'rsm;/ pnf;rsOf;pnf;urf;rsm;ESifh tjcm;oufqdkif&m EdkifiHwum vl@tcGifhta&; pmcsKyfpmwrf;rsm;tm; us,fus,fjyef@jyef@ xkwf a0jzef@csDjcif;ESifh vltrsm; =um;odk@ a&muf&Sdatmifvkyfaqmifjcif;/ (c) EdkifiHwumvl@tcGihfta&;pmcsKyfrsm;t& zJG@pnf;xm;aom apmifh=uyf a&;Xmersm;odk@ EdkifiHawmftpdk;&u vufrSwfa&;xdk; wifoGif;onfh yHkrSef tpD&ifcHpmrsm;/ aqG;aEG;csuftESpfcsKyf rSwfwrf;rsm;ESifh xdkXmersm;rS xkwf jyefaom w&m;0iftpD&ifcHpmrsm; tygt0if/ vl@tcGifhta&;e,fy,frSEdkifiH 12


wum pm&Gufpmwrf;rsm;udk vlwdkif;omwlnDr#pGmjzifh jynfhjynfh00od&SdEkdif atmif vkyfaqmifay;jcif;/ (*) rdrdwdkif;jynf. tcsKyftjcmtm%mydkife,fajrrsm; tm;vHk;twGif; vl@ tcGifhta&;ESifh tajccHvGwfvyfcGifhrsm; wkd;wufjrifhrm;a&;ESifh xdef;odrf;um uG,fa&;twGuf apmifh=uyfa&;wm0efcH/ vl@tcGifhta&;aumfr&Sif odk@r [kwf tjcm;EdkifiHawmf tzJG@tpnf;rsm;zJG@pnf; xlaxmif&efESifh xGef;um;vm ap&eftwGuf vdktyfovdk tmrcHay;jcif;ESifh yHhykd;ay;jcif;rsm;udk aqmif&Guf ay;&rnf? tydk'f (15) EdkifiHawmftpdk;&onf vl@tcGifhta&;ESifh tajccHvGwfvyfcGifhrsm;udk ynm a&;tqifhwdkif;wGif oif=um;ay;&ef ulnDvkyfaqmifay;&rnfh wm0ef&Sd onfhtjyif/ a&S@aersm;/ w&m;a&;0ef xrf;rsm;/ ppfwyf0efxrf;rsm;ESifh vlxk qufoG,fa&; t&m&Sdrsm;. oifwef;tpDtpOfrsm;txJwGif vl@tcGifh ta&;. tESpfom&rsm; yg0ifr_&Sdap&ef taotcsmvkyfaqmif&rnf? tydk'f (16) vlwOD;csif;/ tpdk;&r[kwfaomtzJG@tpnf;rsm;ESifh tjcm;oufqdkif&m tzJG@ tpnf;rsm;onf vl@tcGifhta&;ESifh tajccHvGwfvyfcGifhrsm;ESifh ywfouf aomtawG;tjrifrsm; vlxkt=um; ydkrkdjyef@yGm;&eftwGuf ynmay;tpD tpOfrsm;/ oifwef;rsm;/ okaooevkyfief;rsm;rSwqifh xdkta=umif; t&mrsm;tjyif EdkifiHrsm;t=um;ESifh vlrsdK;a&; bmoma&;tkyfpkrsm;t=um; em;vnfr_/ onf;cHpdwf&Snfr_/ +idrf;csrf;a&;ESifh cspf=unfvkyfaqmif&mwGif ta&;}uD;aom tcef;rS yg0ifaeonfhtm;avsmfpGm rdrdwdk@vkyfief;vkyfudkif taumiftxnfazmfaeaom vlr_todkif;t0dkif;ESifh &yf&GmvlxktwGif; jrefrmbmom / Burmese

13

rwluJGjym;aom aemufcHordkif;rsm;&Sdaeonfudk tpOfowdrl&rnf? tydk'f (17) vlwdkif;onf wOD;csif;jzpfap/ trsm;ESifh pkaygif;Ijzpfap/ vuf&Sda=unmpm wrf;wGif azmf!Gef;xm;aom tcGifhta&;rsm;ESifh vGwfvyfcGifhrsm;udkusifhoHk; &mwGif tjcm;olrsm;. tcGifhta&;ESifh vGwfvyfcGifhrsm;udk av;pm;r_ESifh vdktyfaom todtrSwfjyKr_wkd@twGuf vHk+cHKap&ef&nf&G,f+yD; pdwf"mwf/ pm&dW/ &yf&GmvHk+cHKa&;/ 'Drdkua&pDvl@abmif. om,m0ajymr_twGuf EdkifiHwumusifhxHk;rsm;ESifh udkufnDr_&Sdatmif Oya'uqHk;jzwfjyD;onfhtcg rSom xdkusifhoHk;r_udk uef@owfEdkifonf? tydk'f (18) (1) vlwdkif;onf rdrdwdk@. udk,f&nfudk,faoG;rsm;udk vGwfvyfjynfh0pGm jznfhqnf;apEdkifrnfh vlr_ywf0ef;usiftwGuf (odk@r[kwf) vlr_ywf0ef;usif twGif; wm0ef0W&m;rsm; &,lykdifcGifh&Sdonf? (2) vlwOD;csif;/ tkyfpkrsm;/ XmetzJG@tpnf;rsm;ESifh tpdk;&r[kwfaomtzJG@ tpnf;rsm;onf 'Drdkua&pDudk umuG,fapmifha&Smuf&ef/ vl@tcGifhta&;ESifh tajccHvGwfvyfcGifhwdk@udk wdk;wufjrifhrm;atmifvkyfaqmif&efESifh 'Drdkua&pD vl@abmiftzJG@tpnf;rsm;/ taqmufttHkrsm;ESifh vkyfxHk;vkyfenf;rsm; wdk; wufjrifhrm;atmifvkyfaqmif&ef ta&;}uD;aom tcef;wGif yg0ifae+yD; wm0efvnf;&Sdonf? (3) vlwOD;csif;/ tkyfpkrsm;/ XmetzJG@tpnf;rsm;ESifh tpdk;&r[kwfaomtzJG@ tpnf;rsm;onf tjynfjynfqdkif&m vl@tcGifhta&; a=unmpmwrf;ESifh tjcm;vl@tcGifhta&;pmcsKyfpmwrf; rsm;wGif azmf!Gef;xm;aom 14


tcGifhta&;ESifh vGwfvyfcGifhrsm; tjynfht0 xGef;um;apEdkifonfh vlr_ b0ESifh EdkifiHwumpHcsdefrsm; wdk;wufxGef;um;atmif oifhavsmfovdk yg0if =udK;yrf;vkyfaqmif&ef ta&;}uD;aomtcef;wGif yg0ifae+yD; wm0efvnf; &Sd onf? tydk'f (19) vlwOD;wa,muf/ tzJG@tpnf;ESifh vlr_todkif;t0dkif;. tpdwftydkif;wckrS vuf&Sdpmwrf; wGif!Gef;qdkxm;aom tcGifhta&;ESifh vGwfvyfcGifhrsm;udk zsufqD;apvdkaom &nf&G,fcsufjzifh jyKrlvkyfaqmif&eftwGuf Tpmwrf;udk wvJGtoHk;csjcif;/ t"d`g,faumuf,ljcif; rjyKap&? tydk'f (20) ukvor~ yÉd^mOfpmwrf;wGif yg0ifaomrl0g'rsm;ESifh qef@usifonfh vlw OD;csif;/ tkyfpktvdkuf/ XmetzJG@tpnf; (odk@r[kwf) tpdk;&r[kwfaom tzJG@ tpnf;rsm;. tjyKtrlrsm;/ vkyfief;rsm;udk tpdk;&u ulnDyHhykd;&efESifh tm; ay;axmufcH&eftwGuf vuf&Sdpmwrf;udk wvJGtoHk;csjcif;/ t"d`g,f aumufjcif; rjyKap&?


15

A

UNITED NATIONS

General Assembly Distr. GENERAL A/RES/53/144 8 March 1999

Fifty-third session Agenda item 110 (b) RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY [on the report of the Third Committee (A/53/625/Add.2)] 53/144. Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms The General Assembly, Reaffirming the importance of the observance of the purposes and principles of the Charter of the United Nations for the promotion and protection of all human rights and fundamental freedoms for all persons in all countries of the world, Taking note of Commission on Human Rights resolution 1998/7 of 3 April 1998,1 in which the Commission approved the text of the draft declaration on the right and responsibility of individuals, groups and organs of society to promote and protect universally recognized human rights and fundamental freedoms, Taking note also of Economic and Social Council resolution 1998/33 of 30 July 1998, in which the Council recommended the draft declaration to the General Assembly for adoption, Conscious of the importance of the adoption of the draft declaration in the context of the fiftieth anniversary of the Universal Declaration of Human Rights,2

1

See Official Records of the Economic and Social Council, 1998, Supplement No. 3 (E/1998/23), chap. II, sect. A. 2

Resolution 217 A (III). /...

A/RES/53/144 Page 2

1. Adopts the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, annexed to the present resolution; 2. Invites Governments, agencies and organizations of the United Nations system and intergovernmental and non-governmental organizations to intensify their efforts to disseminate the Declaration and to promote universal respect and understanding thereof, and requests the Secretary-General to include the text of the Declaration in the next edition of Human Rights: A Compilation of International Instruments. 85th plenary meeting 9 December 1998 ANNEX Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms The General Assembly, Reaffirming the importance of the observance of the purposes and principles of the Charter of the United Nations for the promotion and protection of all human rights and fundamental freedoms for all persons in all countries of the world, Reaffirming also the importance of the Universal Declaration of Human Rights2 and the International Covenants on Human Rights3 as basic elements of international efforts to promote universal respect for and observance of human rights and fundamental freedoms and the importance of other human rights instruments adopted within the United Nations system, as well as those at the regional level, Stressing that all members of the international community shall fulfil, jointly and separately, their solemn obligation to promote and encourage respect for human rights and fundamental freedoms for all without distinction of any kind, including distinctions based on race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, and reaffirming the particular importance of achieving international cooperation to fulfil this obligation according to the Charter, Acknowledging the important role of international cooperation for, and the valuable work of individuals, groups and associations in contributing to, the effective elimination of all violations of human rights and fundamental freedoms of peoples and individuals, including in relation to mass, flagrant or systematic violations such as those resulting from apartheid, all forms of racial discrimination, colonialism, foreign domination or occupation, aggression or threats to national sovereignty, national unity or territorial integrity and from the refusal to recognize the right of peoples to self-determination and the right of every people to exercise full sovereignty over its wealth and natural resources,

3

Resolution 2200 A (XXI), annex. /...

A/RES/53/144 Page 3

Recognizing the relationship between international peace and security and the enjoyment of human rights and fundamental freedoms, and mindful that the absence of international peace and security does not excuse non-compliance, Reiterating that all human rights and fundamental freedoms are universal, indivisible, interdependent and interrelated and should be promoted and implemented in a fair and equitable manner, without prejudice to the implementation of each of those rights and freedoms, Stressing that the prime responsibility and duty to promote and protect human rights and fundamental freedoms lie with the State, Recognizing the right and the responsibility of individuals, groups and associations to promote respect for and foster knowledge of human rights and fundamental freedoms at the national and international levels, Declares: Article 1 Everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels. Article 2 1. Each State has a prime responsibility and duty to protect, promote and implement all human rights and fundamental freedoms, inter alia, by adopting such steps as may be necessary to create all conditions necessary in the social, economic, political and other fields, as well as the legal guarantees required to ensure that all persons under its jurisdiction, individually and in association with others, are able to enjoy all those rights and freedoms in practice. 2. Each State shall adopt such legislative, administrative and other steps as may be necessary to ensure that the rights and freedoms referred to in the present Declaration are effectively guaranteed. Article 3 Domestic law consistent with the Charter of the United Nations and other international obligations of the State in the field of human rights and fundamental freedoms is the juridical framework within which human rights and fundamental freedoms should be implemented and enjoyed and within which all activities referred to in the present Declaration for the promotion, protection and effective realization of those rights and freedoms should be conducted. Article 4 Nothing in the present Declaration shall be construed as impairing or contradicting the purposes and principles of the Charter of the United Nations or as restricting or derogating from the provisions of the

/...

A/RES/53/144 Page 4 3 Universal Declaration of Human Rights,2 the International Covenants on Human Rights and other international instruments and commitments applicable in this field.

Article 5 For the purpose of promoting and protecting human rights and fundamental freedoms, everyone has the right, individually and in association with others, at the national and international levels: (a) To meet or assemble peacefully; (b) To form, join and participate in non-governmental organizations, associations or groups; (c) To communicate with non-governmental or intergovernmental organizations. Article 6 Everyone has the right, individually and in association with others: (a) To know, seek, obtain, receive and hold information about all human rights and fundamental freedoms, including having access to information as to how those rights and freedoms are given effect in domestic legislative, judicial or administrative systems; (b) As provided for in human rights and other applicable international instruments, freely to publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms; (c) To study, discuss, form and hold opinions on the observance, both in law and in practice, of all human rights and fundamental freedoms and, through these and other appropriate means, to draw public attention to those matters. Article 7 Everyone has the right, individually and in association with others, to develop and discuss new human rights ideas and principles and to advocate their acceptance.

Article 8 1. Everyone has the right, individually and in association with others, to have effective access, on a nondiscriminatory basis, to participation in the government of his or her country and in the conduct of public affairs. 2. This includes, inter alia, the right, individually and in association with others, to submit to governmental bodies and agencies and organizations concerned with public affairs criticism and proposals for improving /...

A/RES/53/144 Page 5

their functioning and to draw attention to any aspect of their work that may hinder or impede the promotion, protection and realization of human rights and fundamental freedoms. Article 9 1. In the exercise of human rights and fundamental freedoms, including the promotion and protection of human rights as referred to in the present Declaration, everyone has the right, individually and in association with others, to benefit from an effective remedy and to be protected in the event of the violation of those rights. 2. To this end, everyone whose rights or freedoms are allegedly violated has the right, either in person or through legally authorized representation, to complain to and have that complaint promptly reviewed in a public hearing before an independent, impartial and competent judicial or other authority established by law and to obtain from such an authority a decision, in accordance with law, providing redress, including any compensation due, where there has been a violation of that person’s rights or freedoms, as well as enforcement of the eventual decision and award, all without undue delay. 3.

To the same end, everyone has the right, individually and in association with others, inter alia:

(a) To complain about the policies and actions of individual officials and governmental bodies with regard to violations of human rights and fundamental freedoms, by petition or other appropriate means, to competent domestic judicial, administrative or legislative authorities or any other competent authority provided for by the legal system of the State, which should render their decision on the complaint without undue delay; (b) To attend public hearings, proceedings and trials so as to form an opinion on their compliance with national law and applicable international obligations and commitments; (c) To offer and provide professionally qualified legal assistance or other relevant advice and assistance in defending human rights and fundamental freedoms. 4. To the same end, and in accordance with applicable international instruments and procedures, everyone has the right, individually and in association with others, to unhindered access to and communication with international bodies with general or special competence to receive and consider communications on matters of human rights and fundamental freedoms. 5. The State shall conduct a prompt and impartial investigation or ensure that an inquiry takes place whenever there is reasonable ground to believe that a violation of human rights and fundamental freedoms has occurred in any territory under its jurisdiction. Article 10 No one shall participate, by act or by failure to act where required, in violating human rights and fundamental freedoms and no one shall be subjected to punishment or adverse action of any kind for refusing to do so. Article 11 /...

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Everyone has the right, individually and in association with others, to the lawful exercise of his or her occupation or profession. Everyone who, as a result of his or her profession, can affect the human dignity, human rights and fundamental freedoms of others should respect those rights and freedoms and comply with relevant national and international standards of occupational and professional conduct or ethics. Article 12 1. Everyone has the right, individually and in association with others, to participate in peaceful activities against violations of human rights and fundamental freedoms. 2. The State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration. 3. In this connection, everyone is entitled, individually and in association with others, to be protected effectively under national law in reacting against or opposing, through peaceful means, activities and acts, including those by omission, attributable to States that result in violations of human rights and fundamental freedoms, as well as acts of violence perpetrated by groups or individuals that affect the enjoyment of human rights and fundamental freedoms. Article 13 Everyone has the right, individually and in association with others, to solicit, receive and utilize resources for the express purpose of promoting and protecting human rights and fundamental freedoms through peaceful means, in accordance with article 3 of the present Declaration. Article 14 1. The State has the responsibility to take legislative, judicial, administrative or other appropriate measures to promote the understanding by all persons under its jurisdiction of their civil, political, economic, social and cultural rights. 2.

Such measures shall include, inter alia:

(a) The publication and widespread availability of national laws and regulations and of applicable basic international human rights instruments; (b) Full and equal access to international documents in the field of human rights, including the periodic reports by the State to the bodies established by the international human rights treaties to which it is a party, as well as the summary records of discussions and the official reports of these bodies. 3. The State shall ensure and support, where appropriate, the creation and development of further independent national institutions for the promotion and protection of human rights and fundamental freedoms

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A/RES/53/144 Page 7

in all territory under its jurisdiction, whether they be ombudsmen, human rights commissions or any other form of national institution. Article 15 The State has the responsibility to promote and facilitate the teaching of human rights and fundamental freedoms at all levels of education and to ensure that all those responsible for training lawyers, law enforcement officers, the personnel of the armed forces and public officials include appropriate elements of human rights teaching in their training programme. Article 16 Individuals, non-governmental organizations and relevant institutions have an important role to play in contributing to making the public more aware of questions relating to all human rights and fundamental freedoms through activities such as education, training and research in these areas to strengthen further, inter alia, understanding, tolerance, peace and friendly relations among nations and among all racial and religious groups, bearing in mind the various backgrounds of the societies and communities in which they carry out their activities. Article 17 In the exercise of the rights and freedoms referred to in the present Declaration, everyone, acting individually and in association with others, shall be subject only to such limitations as are in accordance with applicable international obligations and are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society. Article 18 1. Everyone has duties towards and within the community, in which alone the free and full development of his or her personality is possible. 2. Individuals, groups, institutions and non-governmental organizations have an important role to play and a responsibility in safeguarding democracy, promoting human rights and fundamental freedoms and contributing to the promotion and advancement of democratic societies, institutions and processes. 3. Individuals, groups, institutions and non-governmental organizations also have an important role and a responsibility in contributing, as appropriate, to the promotion of the right of everyone to a social and international order in which the rights and freedoms set forth in the Universal Declaration of Human Rights and other human rights instruments can be fully realized.

Article 19

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Nothing in the present Declaration shall be interpreted as implying for any individual, group or organ of society or any State the right to engage in any activity or to perform any act aimed at the destruction of the rights and freedoms referred to in the present Declaration. Article 20 Nothing in the present Declaration shall be interpreted as permitting States to support and promote activities of individuals, groups of individuals, institutions or non-governmental organizations contrary to the provisions of the Charter of the United Nations.

The perception of human rights education in the formal education system of Myanmar Final Report May 2018

Commissioned by Equality Myanmar Produced by Ms. Lwin Lwin Wai

Contents Acknowledgements........................................................................................................3 Abbreviation...................................................................................................................4 PART I ............................................................................................................................. 5 Introduction ...............................................................................................................5 Why is HRE important? .............................................................................................. 7 Problem Statement of the Research .........................................................................9 Research Objectives and Methodology ...................................................................10 PART II .......................................................................................................................... 11 Definition of Human Rights Education ....................................................................11 Human Right Education in an International Context ...............................................13 HRE Implementation in Formal Schools ..................................................................19 HRE Learning Materials ............................................................................................ 22 HRE Practice in Asian Formal Schools ......................................................................28 PART III......................................................................................................................... 39 Human Right Education and the Myanmar Context ................................................39 Education System in Myanmar ........................................................................................ 39 School Practice and Learning Environment ..................................................................... 41 Curriculum ....................................................................................................................... 42

Discussion.....................................................................................................................47 Conclusion ....................................................................................................................48 Recommendation.........................................................................................................49 References ...................................................................................................................51

List of Tables Table 1: Summarized Lesson Plans for Southeast Asian Schools

Table 6: Moral & Civic curriculum of Grade 4

Table 2: Cambodia human rights curricular framework

List of Figures

Table 3: HRE in Basic Education of Cambodia

Figure 1: Illustration of HRE-related issues

Table 4: Basic Education System

Figure 2 Word Cloud for Grade 4 Curriculum

Table 5: Moral & Civic curriculum of Grade 3


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Acknowledgements In Equality Myanmar we believe that human rights education means more than educating about human rights. As J. Todres has put it, it is about “creating rightsrespecting learning environments and educating individuals in ways that empower them as human rights actors”. It is critical that human rights education receive greater attention and be incorporated in formal education curricula in Myanmar and elsewhere. However, little research has been done so far to document what would be the benefit of doing so as well as showcasing lessons learned and best practices of human rights education in other countries. We feel heartfelt gratitude for Ms. Lwin Lwin Wai, the lead researcher, for putting all the bits and pieces of this Report together and for helping us casting some lights on the topic. Likewise, we would like to acknowledge the work done by Mr. Rinehart Gray in editing and proofreading the text and the colleagues from Equality Myanmar for their support throughout this exercise. Juan Miguel Sanchez Marin Deputy Director Equality Myanmar

Equality Myanmar was founded in 2000 with the goal of empowering the people of Myanmar through human rights education to engage in social transformation and promote a culture of human rights. We envision a peaceful, tolerant and democratic society built on respect for dignity and human rights for all.

Abbreviations ADB CEDAW CESR CRC EDC HRC HRE ICCPR ICESCR ICERD JICA MOE NESP NTHRE OHCHR UNCHR UDHR UN UNCRC UNESCO UNICEF UNWPHRE VDPA WPHRE

Asian Development Bank Convention on the Elimination of All Forms of Discrimination against Women Comprehensive Education Sector Review Convention on the Rights of the Child Education for Democratic Citizenship United Nations Human Rights Human rights Education International Covenant on Civil and Political Rights International Covenants on Economic, Social and Cultural Rights International Convention on the Elimination of All Forms of Racial Discrimination Japan International Cooperation Agency Ministry of Education National Education Strategic Plan National Team on Human Rights Education Office of the High Commissioner for Human Rights United Nation Commission on Human Rights Universal Declaration of Human Rights United Nations United Nations Convention on the Rights of the Child United Nations Education, Scientific and Cultural Organization United Nations Children’s Emergency Fund United Nations World Programme for Human Rights Education  Vienna Declaration and Programme Action World Programme for Human Rights Education

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PART I Introduction

The values of human rights, such as dignity, equality, inclusiveness and non-discrimination, have long been discussed by the nations of the world. Current international principles require societies to respect, defend and advocate for human rights. There are agreements and declarations amongst members of the international community regarding the fulfillment of a human rights program. Powerful and prominent international instruments exist to secure universal human rights and these instruments highlight the critical role that human rights education plays for developing a human rights culture. Human rights education (HRE) is a lifelong learning process that builds knowledge and skills, as well as attitudes and behaviors, which uphold human rights. Knowledge and skills — learning about human rights standards and mechanisms, as well as acquiring the skills to put them into practice in daily life;   Values and attitudes — developing values and reinforcing attitudes which uphold human rights;   Behavior and action — encouraging action to defend and promote human rights1. The international community has agreed to a core set of principles on

1

Sneh Aurora, Human Rights and Values in Education, Educational International (June 2016)

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HRE. The Declaration on Human Rights Education and Training2, adopted on December 19, 2011 by the UN General Assembly, calls for States to promote respect for human rights, acknowledging “...the fundamental importance of human rights education and training in contributing to the promotion, protection and effective realization of all human rights.” This UN instrument shows the prominence of human rights education at the international level and national level. Human rights education is essential in promoting human rights and human personal development. At the individual and community level, human rights education seeks to: Develop knowledge, personality and social skills; Improve mutual understanding on multi-culture and diversity; Increase appreciation for human dignity and shared values; Encourage dialogue and promote non-violence in bringing about resolutions to problems and disputes, Have respects for other’s rights; and Prevent all forms of discrimination and violence. The following research intends to understand and highlight the need of human rights education in formal education curriculum. The research also presents the main strands regarding the role of human rights education as well as the key elements for its implementation. Additionally, the study addresses current issues and challenges faced when incorporating human rights education, illustrating the significance of human rights education as 2

BEMIS- Empowering Scotland’s Ethnic and Cultural Minorities Communities, A Review of Human Rights Education in Schools in Scotland (March 2013)

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a fundamental base for peace building, social justice and sustainable development. Why is Human Rights Education important? Human rights education has arisen as one of the most important concepts for building a culture of human rights. The role of human rights education is crucial to the enjoyment of human rights and the peaceful and equitable coexistence of all people. It gives a sense of responsibility for respecting and defending human rights. An education in human rights not only develops knowledge about human rights, it also promotes democratic citizenship. Furthermore, human rights education includes three different aspects that are inter-related3: (a) Learning about human rights, which includes providing knowledge and understanding of human rights norms and principles, the values that underpin them and the mechanisms for their protection;   (b) Learning through human rights, which includes learning and teaching in a way that respects the rights of both educators and learners; ensuring that the context and the way learning is organized and imparted is consistent with human rights values (e.g. participation, inclusion, freedom of thought and expression, etc.), recognizing that the process of learning is as important as the content of the learning; (c) Learning for human rights, which includes empowering persons to enjoy and exercise their rights and to respect and uphold the rights of

3

Sneh Aurora, Human Rights and Values in Education, Educational International (June 2016)

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others.   Human rights learning is to foster daily practices for developing a culture of human rights. This means transformation from understanding the concept of human rights into practices of everyday life4:   To value self and others   To recognize and respect human rights in everyday life   To understand one’s own basic rights and be able to articulate them   To appreciate and respect differences   To acquire attitudes to address conflicts in non-violent ways that respect the rights of others   To develop children’s confidence in their ability to take action and their skills to defend and promote human rights   The role of human rights education is believed to be essential to the security and welfare of all people. The importance of human rights education in promoting a global culture of human rights is broadly acknowledged throughout the world. Such a culture equally respects ethnicity, language, religious beliefs and other differences. To create such a culture, human rights education needs to be included in formal education. Human rights education involves participatory learning that can empower people with knowledge and skills to realize their individual and collective rights and responsibilities. Therefore, human rights education is essential

4

Nancy Flowers, COMPASITO: What is Human Right Education?, Manual on human rights education for children ( January, 3009)

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both for long-term prevention of human rights abuses and for the achievement a just society in which all persons value and respect human rights. Problem Statement of the Research Myanmar has been under military rule from 1988 until 2010. In 1988 the military junta took power in the country by force and not by election. During this time all schools at all levels used outdated textbooks that had been introduced in the 1960's to promote socialist military ideology. The main consequence is that human right education has been marginalized and inaccessible to students for the last few decades. During the time of the military regime, Myanmar education was prohibited from encouraging democracy and human rights education. When the civilian government took power in 2010, they faced a need to introduce human rights education into the government curriculum, including the erasure of words, pictures, and photos of discrimination, racism, and beliefs that went against human rights ideals. These intentions have been expressed by both the Government (Ministry of Education) and other national human rights institutions (Myanmar National Human Rights Commission) at different times but little progresses are being observed. Latest media updates report that education on human rights will be included in the new school curriculum for Grade 2 students next year, following an agreement between the Ministry of Education (MoE) and the Myanmar National Human Rights Commission (MNHRC)5.

https://www.mmtimes.com/national-news/25465-primary-schoolcurriculum-to-include-human-rights-subject.html 5

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This research intends to explore these human rights issues in the government curriculum and provide recommendations about essential human rights education by according to other countries’ best practices for human right education and approaches in education. Research Objectives and Methodology This research focuses on the development of human rights education in the formal education system in Myanmar. The aims of the research are: To raise awareness of human rights perceptions in the formal education curriculum To create a human rights approach and advocate stakeholders about the need of human rights education To bring human rights education into various levels of education in line with other countries’ best practices and curriculum The content of this research comes from data gathered through desktop research. This desk research refers to secondary data collected from existing resources: press, Internet, reports and publications. In this study, the main sources are the Declaration of Human Rights, International Conventions, the National Education Strategic Plan (2016 – 2021) published by the Myanmar Ministry of Education, international reports, and HRE-related research papers. The research uses a term-frequency analysis to generate a data visualization word cloud. Word clouds give a sense of tendencies in a large amount of data, at a glance.

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PART II Definition of Human Rights Education The international community has stated  the importance of human rights education in the prevention of human rights abuses and violent conflicts. Human rights education plays a crucial role in building social structures that support participatory democracies. The key to defining it is the development of a culture of human rights. Definitions of human rights education offer the concept that individuals understand and value their rights as well as respect the rights of others. Human rights values are meant to be integrated into people’s minds, cultures and actions, in resolving conflict, fighting discrimination and acting upon injustice, human rights values. The preamble to the Universal Declaration of Human Rights (UDHR)6 states, in relation to human rights education, that “every individual and every organ of society, keeping this Declaration in mind, shall strive by teaching and education to promote respect for these rights and freedoms.” The United Nations Commission on Human Rights (UNCHR) brought about the idea of human rights education at the beginning of the twenty-first century. UNCHR emphasized that human rights education was intrinsically linked to equality, sustainable development and prevention of conflict. According to UNCHR, it is defined as7: “A long-term and lifelong process by which all people at all levels of development and in all strata of society learn respect for the dignity of

6

Universal Declaration of Human Rights (UDHR) (1948) BEMIS- Empowering Scotland’s Ethnic and Cultural Minorities Communities, Human Rights Education: Theory And Practices 7

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others and the means and methods of ensuring that respect in all societies (...) it significantly contributes to promoting equality and sustainable development, preventing conflict and human rights violations and enhancing participation and democratic processes, with a view to developing societies in which all human rights are valued and respected.” Based on international human rights instruments, human rights education was to produce education, training and information aimed at building a universal culture of human rights through the sharing of knowledge, imparting of skills and molding of attitudes to prompt action directed at strengthening respect for human rights, fundamental freedoms, tolerance, equality and peace, among individuals, within societies and among nations. 8 Amnesty International developed a definition9 of HRE as “a deliberate, participatory practice aimed at empowering individuals, groups and communities...its goal is to build a culture of respect for and action in the defense and promotion of human rights for all.” This description suggests that human rights education correlates with element of active citizenship. In terms of intentions of human rights education, the following aims were discussed10: To strengthen respect for human rights and fundamental freedoms; To value human dignity and develop individual self-respect and respect for others;   8 Plan of Action for the first phase (2005-2009) of the World

Programme for Human Rights Education

9 Amnesty International: www.amnesty.org    10

Nancy Flowers, COMPASITO: What is Human Right Education?, Manual on human rights education for children ( January, 3009)

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To develop attitudes and behaviors that will lead to respect for the rights of others; To promote respect, tolerance and gender equality among all nations, indigenous peoples and racial, national, ethnic, religious and linguistic groups; To empower people towards more active citizenship in a free and democratic society governed by the rule of law; and To promote democracy, communal harmony, people-centered sustainable development and social justice. Human Right Education in an International Context International organizations and professional associations have been promoting the notion of human right education for over 70 years. At the end of the Second World War, the United Nations firstly indicated the concept of human rights education. The Charter of the United Nations was drafted in 1945 and it made the following mandatory11: “Promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion” Three years after the Universal Declaration of Human Rights (UDHR) had been adopted, more initiatives were taken with a more clearly stated right to human rights education. The 1948 UDHR was neither a treaty nor a legal binding, but it did provide “a single set of fundamental principles and norms intended to inform the laws and constitutions of all states”. Article

11

BEMIS- Empowering Scotland’s Ethnic and Cultural Minorities Communities, A Review of Human Rights Education in Schools in Scotland (March 2013)

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26 of the UDHR 12 explicitly addresses the concept of human rights in education. Article 26(2) states the role of educators: “Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial and social groups, and shall further the activities of the United Nations for the maintenance of peace.” On 16 December 1966, the United Nations General Assembly adopted a multilateral treaty named the International Covenants on Economic, Social and Cultural Rights (ICESCR). ICESCR was a legally binding treaty as well as a positive international law for nations. It followed the structure of UDHR with a preamble and thirty-one articles, divided into five parts. A number of international instruments legally recognize the right to human rights education, for example, Article 10 of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and Article 7 of the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD). Article 10 of CEDAW13: States Parties shall take all appropriate measures to eliminate discrimination against women in order to ensure to them equal rights with men in the field of education and in particular to ensure, on a basis of equality of men and women.

12

Universal Declaration of Human Rights (UDHR) (1948)

13 Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) Adopted and

opened for signature, ratification and accession by General Assembly resolution 34/180 of 18 December 1979

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Article 7 of ICERD14: States Parties undertake to adopt immediate and effective measures, particularly in the fields of teaching, education, culture and information, with a view to combating prejudices which lead to racial discrimination and to promoting understanding, tolerance and friendship among nations and racial or ethnic groups, as well as to propagating the purposes and principles of the Charter of the United Nations, the Universal Declaration of Human Rights, the United Nations Declaration on the Elimination of All Forms of Racial Discrimination, and this Convention. In 1989 the UN Convention on the Rights of the Child (CRC or UNCRC) was drafted regarding the specific needs and rights of children. CRC has been mentioned as a major contribution to the “democratization of education and to the empowerment of all who engage with it”. Article 29(1) of the CRC15 aligns with human rights education: States Parties agree that the education of the child shall be directed to: (a) The development of the child's personality, talents and mental and physical abilities to their fullest potential; (b) The development of respect for human rights and fundamental freedoms, and for the principles enshrined in the Charter of the United Nations; (c) The development of respect for the child's parents, his or her own

14

International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), Adopted and opened for signature and ratification by General Assembly resolution 2106 of 21 December 1965 15

Convention on the Rights of the Child Adopted and opened for signature, ratification and accession by General Assembly resolution 44/25 of 20 November 1989

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cultural identity, language and values, for the national values of the country in which the child is living, the country from which he or she may originate, and for civilizations different from his or her own; (d) The preparation of the child for responsible life in a free society, in the spirit of understanding, peace, tolerance, equality of sexes, and friendship among all peoples, ethnic, national and religious groups and persons of indigenous origin; (e) The development of respect for the natural environment. In 1974, UNESCO, the United Nations Educational, Scientific and Cultural Organization, highlighted the greatest significance of human rights education in formal and informal education. UNESCO sought to improve the state of human rights education by mandating 16 : “States should formulate and apply national policies aimed at increasing the efficacy of education in all its forms and strengthening its contribution to international understanding and co-operation, to the maintenance and development of a just peace, to the establishment of social justice, to respect for and application of human rights and fundamental freedoms, and to the eradication of the prejudices, misconceptions, inequalities and all forms of injustice which hinder the achievement of these aims.” Four years later, UNESCO drafted the Declaration on Race and Racial Prejudice (1978), which gave put focus on features of human rights education. Its Article 5 details17:

16

BEMIS- Empowering Scotland’s Ethnic and Cultural Minorities Communities, A Review of Human Rights Education in Schools in Scotland (March 2013) 17 Declaration on Race and Racial Prejudice (1978) adopted and proclaimed by the General Conference of the UNESCO on 27 November 1978

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“Culture, as a product of all human beings and a common heritage of mankind, and education in its broadest sense, offer men and women increasingly effective means of adaptation, enabling them not only to affirm that they are born equal in dignity and rights, but also to recognize that they should respect the right of all groups to their own cultural identity and the development of their distinctive cultural life within the national and international contexts, it being understood that it rests with each group to decide in complete freedom on the maintenance, and, if appropriate, the adaptation or enrichment of the values which it regards as essential to its identity.” UNESCO has played a vital role in the development and implementation of human rights education. UNESCO has supported the following areas to promote human rights education18: Development and monitoring of international legal frameworks;   Support to the development of regional and national capacities;   Advocacy and networking.   The International Congress on Human Rights Teaching, Information and Documentation, organized by UNESCO in Malta in 1987, provided comprehensive guidelines to states for incorporating human rights education into their educational systems. HRE has had legitimate room in the scope of international instruments. In 1993 the World Conference on Human Rights, attended by representatives from 171 states, was held in Vienna. The outcome of this conference was the Vienna Declaration and Program Action (VDPA).

18

UNESCO, Contemporary Issues in Human Right Education

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VDPA19 (Paragraph 78 in Part II) takes into consideration the importance of HRE for the promotion and achievement of stable and harmonious relations among communities and for fostering mutual understanding, tolerance and peace. In December 1994, the UN General Assembly proclaimed 1995-2004 the United Nations Decade for Human Rights Education. It was followed in 2005 by the World Program for Human Rights Education (UNWPHRE)20, which aimed to promote “a common understanding of principles and methodologies of HRE, provide a concrete framework for action, and strengthen cooperation between organizations and governments”. UNWPHRE was renewed after 2004, and UNESCO continues to play a key role in the implementation of the current World Program for Human Rights Education). In terms of HRE and Education for Democratic Citizenship (EDC), the Council of Europe has been cooperating with the United Nations Office of the High Commissioner for Human Rights (OHCHR), UNESCO, the European Commission and other international organizations 21 . The Council of Europe has maintained a key role for monitoring in the implementation of the World Program for Human Rights Education (20052007) at the European level.

19

Vienna Declaration and Programme Action (VDPA) Adopted by the World Conference on Human Rights in Vienna on 25 June 1993 20 BEMIS- Empowering Scotland’s Ethnic and Cultural Minorities Communities, A Review of Human Rights Education in Schools in Scotland (March 2013) 21 Nancy Flowers, COMPASITO: What is Human Right Education?, Manual on human rights education for children ( January, 3009)

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With regards to human rights education, current international instruments arise from the Human Right Council (HRC), including 47 United Nations Member States, which are elected by the UN General Assembly. The HRC is an inter-governmental body within the United Nations system, and it is responsible for strengthening the promotion and protection of human rights around the globe and for addressing situations of human rights violations and responding to violations with recommendations. HRE Implementation in Formal Schools Human Rights Education upholds a holistic rights-based approach and addresses respect for human rights and the right of every person to quality education. As an international instrument, the United Nations World Programme for Human Rights Education delivered five pillars as a plan of action for its first phase22: Policies and curricula: Educational policies, such as legislation, national plans of action, policy statements, curricula and training policies, should explicitly promote a rights-based approach to education. The learning environment: Learning environment should be one in which human rights are practiced and lived in the daily life of the whole school community (e.g., whole school approaches, school governance). Teaching and learning practices and tools: Teaching and learning practices and tools should reflect human rights values. For example, 22

For more information on UNESCO’s Plan of Action for Human Rights Education, please consult the website: http://unesdoc.unesco.org/images/0014/001478/147853e.pdf

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materials and textbooks should be consistent with principles of human rights education, and teaching methodologies should be democratic and participatory (e.g., methodologies, resources). Professional development of teachers and other educational personnel: Professional development of teachers and other educational personnel should be targeted to enable educators and school staff to demonstrate and transmit human rights values (e.g., methodologies, training policies, modules). Evaluation and assessment approaches and tools: The policies as well as educational activities aiming at integrating human rights education should be subject to impact evaluation and analysis (e.g., indicators of evaluation, methodologies). Formal education is a structured education system that runs from primary to tertiary higher education, such as university or technical and professional school. The beginning years of formal education are a good time to learn human rights education because young children have had personal experiences in the community and in the family, and have established everyday personal relationships with adults and other children. With regards to formal education, it is important to consider approaches for implementing human rights education in line with the World Program’s six key structural areas: Human rights based approach to HRE   Core competencies Curricula   20 | P a g e

Teaching and learning processes Evaluation and professional development and   Support of educational personnel   Human rights education is different from other types of education and other curricula as it focuses on norms and values and the skills to develop them. The first action for implementing human rights education is to develop a framework concerning educational practices, curricular development, teacher training, teaching methodologies, learning resources and the school environment. All processes will reflect human right principles taught. The methodology for human rights education must be a participatory approach including a set of practices and activities. Together learning must be shaped by a holistic approach that embraces learning about human rights, learning for human rights and learning in human rights. This approach can empower individuals to think and interpret independently and encourage critical analysis of real life situations that can lead to applicable action to protect human rights. It needs to have common features in the learning environment such that everyone has rights and respects individual differences23: Respect for other’s experience and recognition of a variety of points of view;   Promotion of personal enrichment, self-esteem, and respect for the individual;   Empowerment of learners to define what they want to know and to seek information for themselves;   23 Nancy

Flowers, COMPASITO: What is Human Right Education?, Manual on human rights education for children ( January, 3009)

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Active engagement of all learners in their own learning with a minimum of passive listening;   Encouragement of non-hierarchical, democratic, collaborative learning environments;   Encouragement of reflection, analysis, and critical thinking;   Engagement of subjective and emotional responses, as well as cognitive learning;   Encouragement of behavioral and attitudinal change;   Emphasis on skill building and practical application of learning;   Recognition of the importance of humor, fun, and creative play for learning. According to the experiences of other countries, there is a wide approach to promote the concept of human rights education at the school level. In the study, HRE is structured around human rights-related themes, each of which links directly to one sub-topic of human right. The diagram below presents HRE interrelated with other educational

fields such as

peace, gender, civics, personality and social

skills, Gender

cultural diversity, interfaith, and Personal & Social Value

democracy.

HRE Learning Materials

Civics

Human Right Education

Peace & Nonviolence

Democratic Citizenship

This section details the human rights-related learning materials of

Intercultural & Anti-Racit

Interfaith Dialogue

other countries. UNESCO organized an exhibition of learning materials on 2-10 December 2008 in Paris, France. 22 | P a g e

At this event, fifty-one member states presented teaching and learning materials used in primary and secondary schools around the world24. The event provided a diverse collection of human rights-related textbooks, teaching and learning manuals, toolkits and multimedia materials addressing themes of democratic citizenship, tolerance, non-violence, and a culture of peace. Some textbooks and learning manuals in the human rights education curriculum of other countries are discussed below. Promotion of Interfaith Dialogue UNESCO, UNICEF and the Arigatou Foundation published 2008 toolkit, entitled Learning to Live Together: An Intercultural and Interfaith Program for Ethics Education, for educators to teach children about respecting and understanding diverse faiths, religions and ethical beliefs. This toolkit promotes ethics education through intercultural and interfaith learning to help communities and societies live peacefully together, with respect of others and dignity for all human beings. Its aim is to ultimately shape attitudes for building peace by teaching tolerance and mutual understanding.

http://unesdoc.unesco.org/images/0016/001610/161059e.pdf

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Human Rights Stories: tales of human rights defenders for primary schools This book was developed by Amnesty International Ireland and presents the idea that human rights belong to everyone and that we all have a role to play in ensuring that human rights are protected locally and globally. This resource provides five tales of human rights defenders – Fela, Maria, Bobo, Ishmael and Farai -- and each story is written in a version for older learners and a version for younger learners. Engaging with the stories through discussion, creative thinking and character exploration can support the development of literacy. Through the familiar medium of storytelling and at age appropriate levels, human rights situations can be explored so that children can encounter the real life impact of human rights in practice. This book aims to: Demonstrate the positive role that individuals and groups of people play in defending human rights in their own country. Show the importance of solidarity and active citizenship at local and global levels. Inspire children and give them a sense of optimism and empowerment.

https://www.amnesty.ie/wpcontent/uploads/2016/07/Human-Rights-Stories.pdf

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Democratic Citizenship and Human Rights Education in Turkey This textbook is a manual for teachers in Education for Democratic Citizenship (EDC) and Human Rights Education (HRE). The manual includes equality, diversity, conflict, participation and rule of law. The lesson plans give step-by-step instructions and include student handouts and background information for teachers. The complete manual provides a full school year's curriculum for lower secondary classes. The objective of the curriculum is to educate the active citizen who is willing and able to participate in a democratic community. This EDC/HRE curriculum strongly emphasizes action and task-based learning. In it, the school community is conceived as a sphere of authentic experience where young people can learn how to participate in democratic decision-making and may take responsibility at an early age.

http://www.edchreturkeyeu.coe.int/Source/Resources/Teachers_manuals/Growing_democracy_EN.pdf

Development of Intercultural Skill in Morocco Morocco developed a textbook entitled Gateway to English25 as a guide to train students in interpersonal communication, to discuss human and child rights, and to provide information about the status of child rights 25


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throughout the world. Through this training, youth are provided with new intercultural skills to engage with their communities and societies abroad, acquiring a sense of empowerment so as to affect change.

Moroccan National Ministry of Education/Nadia Edition. 2006. Gateway to English. Rabat, Nadia Edition

Teaching Human Rights for primary and secondary schools This book describes about the process of teaching and learning about the significance of the inherent “dignity and worth of the human person,” which is the “foundation of freedom, justice and peace in the world” (Universal Declaration of Human Rights, preamble). It talks about the rights that belong to us all. These are not only lessons for the classroom but also lessons for life – of immediate relevance to our daily life and experience. In this sense, human rights education means not only teaching and learning about human rights, but also for human rights: its fundamental role is to empower individuals to defend their own rights and those of others.

http://www.humanrightscommission.ky/upimages/commonfiles/Pub_UnitedNations_ABC_humanr ights_1474573388.pdf

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Stopping Violence in Schools The UNESCO book entitled Stopping Violence in Schools: A Guide for Teachers considers various cultural understandings of violence, socioeconomic factors, a student’s home life, and the external environment of the school. Teachers and students can use this guide to address and prevent violence. School violence is an immensely complex issue and thus requires addressing numerous factors. Such factors include the need for student participation; a holistic approach involving parents, educators and the community; linking of policy, legislation and practice; the development of indicators on violence; and cultural sensitivity in addressing concepts such as the universality of human rights as part of a human rights-based approach.

http://unesdoc.unesco.org/images/0018/001841/184162e.pdf

Human Right Lesson Plans for Southeast Asian Schools This book was published by the Asia-Pacific Human Rights Information Center (HURIGHTS OSAKA) and provides a set of human rights lesson plans aimed for Southeast Asian teachers. It includes human rights curricular frameworks for Thailand, Vietnam, The Philippines, Malaysia, Indonesia and Cambodia. The lesson plans emphasize two human rights documents -- the United Nations’ Universal Declaration of Human Rights and the Convention on the Rights of the Child. The lesson plans were 27 | P a g e

created for primary and secondary school levels and were made so that they can be adapted to any of the countries in Southeast Asia.

http://hrlibrary.umn.edu/edumat/SoutheastAsianHRE.pdf

HRE Practice in Asian Formal Schools The UNESCO Asia and Pacific Regional Bureau for Education and the Office of the United Nations High Commissioner for Human Rights (OHCHR) supported a project entitled “Regional mapping, collection of best practices and coordination of initiatives to promote human rights education in South-East Asian school systems.” This Southeast Asian project is the only multi-country project under the first phase plan of action of the World Programme for Human Right Education (WPHRE), covering the period 2005-2009. The plan of action of the WPHRE proposes a national implementation strategy to address those areas, in four stages26: Analysis of the current situation of human rights education in the school system Setting priorities and developing a national implementation strategy   26

Asia-Pacific Human Rights Information Center (HURIGHTS OSAKA), Human Rights Education in the School Systems in South-East Asia: Cambodia, Indonesia, Lao PDR, and Thailand, 2009

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Implementation and monitoring   Evaluation of the outcome of implementation This Southeast Asian project focuses on integrating human rights education in the primary and secondary schools of a national education system, which includes educational policy development, legislation, strategies, teaching and learning processes and tools, professional development of personnel, and the learning environment. The overall goal of this project is to contribute to the implementation of the Plan of Action for First Phase of the WPHRE in Asia. The project covers Cambodia, Indonesia, Lao PDR and Thailand. The project was implemented through the Ministries of Education in these four countries. Ministries of education

take

responsibility

for

national

implementation

in

collaboration with all stakeholders. In each of the four countries, a national team on human rights education (NTHRE) was formed, mainly composed of officials of the MOE. In Thailand, the NTHRE created a special working group, including professional organizations, civil society organizations, national human rights institution, and the Ministry of Education. In Cambodia, Indonesia and Lao PDR, the NTHREs were composed of representatives of different agencies within the respective Ministries of Education. The project was supervised by the Asia-Pacific Human Rights Information Center (HURIGHTS OSAKA) who took responsibility for the program on human rights education in Asian schools. HURIGHTS OSAKA formed a regional project team to work together with the NTHREs. This project conducted pilot research in the four countries with national assessment exercises and in-depth analysis of the educational status at that particular 29 | P a g e

time. The first meeting between the project team and the national researchers was held in April 2008 in Bangkok, where initial research reports that compiled the results of the national assessment exercise were presented. According to the results, the best practices describe the variety of initiatives in the four countries, though these best practices may not be fully comprehensive. Cambodia has included child and women’s rights into its formal education course, Lao PDR has incorporated some human rights materials, and Indonesia has drafted a clear provision on human rights in its Standard of Educational Content and a national human rights action plan that supports human rights education. Thailand has incorporated human rights in social, religious and cultural subject areas, and in teaching methods. The national research reports presented four key topics27: Historical, Constitutional/Legal and Educational Context Education laws and policies, the curriculum, and programs  Analysis of laws, policies, educational goals, curricula, and programs Recommendations on integration of human rights education in formal school system In terms of the implementation of human rights education in the school systems in these four countries, there have been general problems such as large classes, uneven distribution of teachers, lack of teaching/learning materials, lack of teacher training and lack of appropriate understanding

27


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of human rights among teachers and students in Cambodia and Thailand. Likewise, educational policy has sometimes been inconsistent with the implementation of human rights education and has been a low priority by government, both of which are also serious challenges to human rights education in the formal education system in the four countries. In South Asia, HURIGHTS OSAKA developed teacher training resource material on human rights education with South Asian educators. The publication entitled “South Asian Teachers and Human Right Education – A Training Resource Material (2009)” describes basic elements of human rights education in the formal education system as below: Human Rights: Concepts, Mechanisms and Issues Human Rights in the South Asian Context The School System and Human Rights Education  Human Rights Education  Human Rights Education Pedagogy  Teachers and Human Rights Education  School Ethos and Human Rights Education  Community Participation The resource material is a practical guideline to understanding human rights education in the context of South Asia, and uses the diverse materials existing in the South Asian sub-region to illustrate the practice of human rights education in the formal school system. The 2001 Southeast Asian Writing Workshop on Developing Teaching Guides on Human Rights adapted lesson plans on human rights education to utilize within Southeast Asian schools. Their report, entitled “Human 31 | P a g e

Rights Lesson Plans for Southeast Asian Schools,” is based on the experiences of Asian human rights educators in the sub-region. This publication contributes to the realization of the objectives of the United Nations Decade for Human Rights Education (1995-2004) [UN Decade]. The UN Decade supports the development of human rights teaching materials. The summarized table extracted from “Human Rights Lesson Plans for Southeast Asian Schools” is presented as below28: Table 1: Summarized Lesson Plans for Southeast Asian Schools Level Primary

Grade 1-3 1-3

Topic Living in a Clean Environment I’m Entitled to Leisure

Subject Science Social Studies,  Physical Education and Health Moral Education, Social Studies Moral Education Social Studies

1-3

Care and Protection

1-3

I’m Involved

4-6

Drug Abuse  

4-6

Right to Education

Moral Education

4-6

Child Labor

Social Studies

4-6

My Opinion

4-6

Our Willingness to Share

4-6

Work During the Dry Season

Civic Education, Social Studies Civic Education, Social Studies Social Studies, Science, Home Economics

HR Concept Right to clean environment Right to rest and leisure

Resource Article 25 of UDHR Article 3(1) of CRC 

Right to care and protection 

Article 27 (1) & 27 (2) of CRC 

Right to freedom of association Right to protection against the use of prohibited drugs  Right to education

Article 15 of CRC Article 24, 33 & 39 of CRC 

Right to be protected against child labor and right to education  Right to freedom of opinion and expression  Right to social security  Right to work and right to adequate

Articles 28 (1, 2) and 29 of CRC Article 28 & 32 (1) of CRC  

Article 19 of UDHR Article 22 of UDHR Article 6 of ICESCR

28

Asia-Pacific Human Rights Information Center (HURIGHTS OSAKA), Human Rights Lesson Plans for Southeast Asian Schools, October 2003

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Lower Secondary

Human Dignity

Graft and Corruption Life Is Meaningful Street Children

Moral Education, Civic Education Moral Education Moral Education Civic Education

standard of living Right to equal treatment

Right to government service Right to life 

Right of every child to protection against economic exploitation Upper Freedom from Social Studies Right to freedom Secondary Discrimination from discrimination Migrant Workers Social Studies Right to just and favorable conditions of work  National Budget Economics, Right to and Taxation Social Studies participation and access to information  Legal Procedures Social Studies Right to protection Development and Local Studies, Right to Human Rights Economics development Human Rights are Social Studies Universality and Universal indivisibility of human rights  (Source: Human Rights Lesson Plans for Southeast Asian Schools, 2003)

Article 23 of CRC

Article 2 (1) of ICESCR  Article 3 of UDHR Article 32, Section 1 of CRC

Article 1 of UDHR Article 23 (3) of UDHR

Article 21 (1) of UDHR

UDHR Article 22 of UDHR Article 1 & 2 of UDHR

This section describes human rights education in school curriculum through a case study in Cambodia 29 . In Cambodia, human rights are taught under the social studies and Khmer language subject areas of the 1996 curriculum from pre-school to higher education. Pre-school human rights education curriculum includes lessons about “kindness without discrimination.” In primary school curricula and textbooks, there exists

29


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the following relevant lessons for deeper understanding on personality development related to human rights education: How to respect school discipline Avoiding any act leading to danger  How to walk safely along the roadside   Accepting one’s own mistakes  Studying the danger of explosives   Avoiding any gambling   Learning about the summary contents of some articles stipulated in the  Universal Declaration of Human Rights and the Convention on the  Rights of the Child   Learning about some simple principle teachings of Buddha namely the  five Buddhist precepts for laypeople The secondary school curriculum comprises lessons regarding knowledge enhancement, emotion, and general skills. Some lesson titles related to HRE are as below: Knowing oneself   Keeping good relationship with others  Prevention, management and conflict resolution   Respect for human rights   Peaceful world for children   Respect for the country's laws   Good governance  Prevention and condemnation of criminal acts   Resolution of obstacles obstructing peace and community development   34 | P a g e

The doctrine and principles of democracy   Perception of basic teachings of other religions practiced in Cambodia   Learning the international policy of the Kingdom of Cambodia   Learning about ASEAN (Association of Southeast Asian Nations)   Cambodia has developed a human rights curricular framework30 based on the 1996 school curriculum (Table 2). This framework comprises three major components -- issues or problems, human rights concepts, and core values -- that are included in “Human Rights Lesson Plans for Southeast Asian Schools”, published by the Asia-Pacific Human Rights Information Center (HURIGHTS OSAKA). Table 2: Cambodia human rights curricular framework

7

HR curricular framework Self

8

Others

Grade Level

Issues The concept of development Rights and respect for others Human rights violation Management of problematic situations Relationship between people Discrimination Moral conduct Sharing and caring

HR concept

Core value

Child rights  Right to education Right to develop one’s potential Right to privacy

Equality  Love for school Self-reliance  Responsibility Self-respect

Nondiscrimination  Equality  Right to be free from discrimination  Acting in a spirit of brotherhood/ sisterhood  Right to social security Gender equality

Humanity Courtesy, politeness Sincerity Charity Sharing

30


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9

Community

10

Country

11

12

Rights and responsibilities Development  Environment Respect for rules Poverty  Insecurity Rights and responsibility of the nation Solidarity Culture and human rights Healing the trauma of victims of human rights violations

Region and the World

Regionalization Globalization

Right to participation Social rights  Economic rights  Fair decisionmaking Right to participation Social rights  Economic rights  Fair decisionmaking Social rights Civil rights  Political rights

Right to freedom of religion Freedom of speech Equality before the law and protection of the law

Right to proper social and international order Duty to the community and limitation of rights Action against any of the rights under the UDHR not a right (Source: Human Rights Lesson Plans for Southeast Asian Schools, 2003)

Participation  Creativity  Responsibility  Respect for rules

Patriotism  Cooperation Responsibility Respect for rules

Conscientiousness Honesty Responsibility  Orderliness

Responsibility Ope n-mindedness Cooperation  Respect and love for labor

In the 2008-2009 new school-curriculum, human rights concepts were constitution-based rights or human rights defined in the Universal Declaration of Human Rights (UDHR), the Convention on the Rights of the Child (CRC), and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). The following human rights concepts were integrated into the new curriculum (2008-2009) in the basic education system of Cambodia31:

31

Asia-Pacific Human Rights Information Center (HURIGHTS OSAKA), Human Rights Education in the

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Table 3: HRE in Basic Education of Cambodia

Grade Level

HR Concepts

Number of learning hour (For HR Education)

Number of learning hour per school year (For all subjects)

%

950

1.49

950

2.52

950

0.82

950

0.82

950

2.31

950

2.42

1140

3.59

1140

3.77

1140

2.98

Primary School Level Grade 1 Grade 2

Grade 3

Grade 4

Grade 5

Grade 6

Grade 7

Grade 8

Grade 9

CRC: 14 Right to protection CRC: 24 Right to protection Right to education Right to development CRC: 8 Right to protection Right to education Right to development CRC: 12 Right to protection Right to education Right to development Right to participation CRC: 22 Right to protection Right to education Right to development Right to participation CRC: 23 Right to protection Right to education Right to development Right to participation Lower Secondary School Level CRC: 41 Right to protection Right to education Right to participation Right to belief  Right to non- discrimination CRC: 43 Right to participation Right to belief  Right to non- discrimination CRC: 34 Right to participation Right to freedom of belief  Right to non- discrimination 

School Systems in South-East Asia: Cambodia, Indonesia, Lao PDR, and Thailand, 2009

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Right to Freedom of association Upper Secondary School Level UDHR: 8 Right to freedom of expression  Right to be protected by law Grade 11 ICCPR 8 ICESCR Grade 12 UDHR 28 ICCPR ICESCR (Source: Human Rights Education in the School Systems in Southeast Asia) Grade 10

1140

0.7

1260

0.63

1260

2.22

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PART III Human Right Education and the Myanmar Context Education System in Myanmar The Myanmar education system began with traditional Buddhist monastic education. In the past, male education was emphasized and boys attended monastery schools where they would learn about Buddhism and basic arithmetic skills. Under King Mindon (1853-1878), a modern school was built for an Anglican missionary. During British Colonial rule, secular schools were established and the country developed its educational quality standards. Under this western education system, education access for women improved enormously. In the early years following independence, Myanmar schools were recognized as qualified schools within Asia and boasted one of the highest literacy rates in Asia in the late 1940s and 1950s. The current education system is administered by the Government Ministry of Education (MOE). Primary, middle and high schools are under the Department of Basic Education. Tertiary Higher Education, including Universities and Professional Institutes, are operated by two separate office: a lower and an upper office, which are based in Mandalay and Yangon respectively. Depending on different professional studies, some universities are under related ministries. In the basic education system, there are four types of schools in Myanmar: state schools, private schools, monastic schools and ethnic schools such as Mon National Schools. Schooling is compulsory until the end of primary school, which lasts five years. According to Ministry of 39 | P a g e

Education figures, in the 2015-2016 Academic year, there were 47,363 basic education schools, and around 9.26 million students. At present the MOE is still implementing basic education reform. In its 5-years National Education Strategic Plan (2016 – 2021), the MOE identified the main basic education reform areas through a conceptual framework for basic education reform: a) Access, quality and inclusion; b) Curriculum; c) Student assessment and examinations; and, d) Teacher Education and Management.32 However, “human rights” doesn’t appear one single time in the whole document, neither other references to Human Rights Education. The current basic education system consists of six years of primary education or elementary (KG to Grade 5), four years of middle education or lower secondary (Grade 6 to Grade 9) and three years of high school level or upper secondary (Grade 10 to Grade 12). The following is presented as the current basic education system (Table 4).

Table 4: Basic Education System School

Level

Grade From

Grade To

Age From

Age To

Year

Primary

Elementary

KG

5

5

11

6

Middle

Lower secondary

6

9

12

16

4

High

Upper secondary

10

12

17

19

3

32

The Republic of the Union of Myanmar Ministry of Education, National Education Strategic Plan 2016—2021 (published by 2016)

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School Practice and Learning Environment The Ministry of Education undertook a Comprehensive Education Sector Review (CESR) to assess the strengths and weaknesses of the national education system over a period of three-and-a-half years and then developed the National Education Strategic Plan (NESP) for the period 2016-2021. The basic education reform of the MOE seems appropriate. Despite major changes at the basic education level, there are still many challenges to foster a better educational atmosphere. In all schools there is little to no practical work and textbook-based teaching continues to discourage analytical thinking. Teachers continue to maintain an authoritative role in classroom. Current classroom practices are not consistent with human rights education and are a barrier to become a human rights learning environment. Classrooms practices and teaching style should therefore be changed to be in line with human right principles. Teachers need to make class rules that link students’ rights and responsibilities to the human rights principles. During most school day mornings, the school head gives a speech that is predominantly about school discipline and admonishment. Following such assemblies, at the commencement of study time, students recite a Buddhist prayer. School teachers allow non-Buddhist students to refrain from Buddhist worship, but this is exclusion for those students. Basic education schools require strong reform for changing daily school practices to be linked to human rights education and to create human rights friendly classroom environments.

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Curriculum oheir lives and to the socio-economic Myanmar’s Ministry of Education is now adopting new basic education curriculum. So far, curriculum reform and teacher training for Kindergarten and Grade 1 has been completed. The new curriculum development team includes international and local education experts and is supported by the United Nations Children’s Emergency Fund (UNICEF), the Japan International Cooperation Agency (JICA) and the Asian Development Bank (ADB)33. As with other school levels, most curricula and learning materials are out of date and have little practical application in the current context. The old curriculum is textbook-based, severely lacking in educational resources, and stresses factual information through the memorizing of facts in core subjects. The new basic education curriculum focuses on 21st century skills, soft skills (including personal development and employability skills), and higher order thinking skills. Under the military junta, human rights education did not exist in the Myanmar formal education system. According to The Irrawaddy 34, The Myanmar National Human Rights Commission (MNHRC) and the MOE agreed to include human rights education lessons within the provisions of basic education, from Grade 2 until Grade 12. The Irrawaddy mentioned that the lesson content would draw upon the Universal Declaration of Human Rights and the United Nations’ Convention on the Rights of the

33

The Republic of the Union of Myanmar Ministry of Education, National Education Strategic Plan 2016—2021 (published by 2016) 34 Tin Htet Paing, The Irrawaddy dated 8 July 2016, National Human Rights Education Initiative Forthcoming

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Child. Human rights education is to be integrated within one of the main subjects already being taught, and not as a separate course. Curriculum change is significant because education is correlated with the social, economic and political qualities of a society. As the curriculum changes, the inclusion of a human rights curriculum needs to be a part of the education system’s formal structure. Human rights education is distinct from the curriculum of other subjects and has a continuous relationship with real-life society and representing citizens’ behavior in that society. In addition to teaching human rights principles, new areas should also be included in the curriculum through a human right approach: Gender Peace & Non-Violence Civics Cultural Diversity or Inter-cultural & Anti-Racist Democracy Interfaith Dialogue Myanmar’s current curriculum still embraces a Buddhist doctrine, poems and stories about strict discipline, and extremely nationalist approaches, especially in its moral and civics subjects. The research below presents a case study of the moral and civic curriculum of Grades 3 and 435. Table 5 Moral and Civic Curriculum of Grade 3 Title Morality

Sub-title Ashin Mahar Thilawontha Homily

Type Poem

Aim To be a polite and respectful student

Description This poem describes about ethical daily standards, for example, paying respect for body manners and not to eat before parents and teachers.

35

Moral & Civic Textbook of Grade 3 & Grade 4, prepared by Basic Education Curriculum, Syllabus and Textbook Committee (2015-2016), The Republic of the Union of Myanmar Ministry of Education

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Culture & Wellmannered Practice

Good Altitude

Poem

Worship

Poem

Politeness during playing

Principles

Needs and Rights

Principles

Endeavour

Principles

National Day

Poem

Help as Crow and Accumulate as Garlic Paddy

Proverb

To have a unitified spirit

This presents the right to life, right to full developmentright to participate, and right to security. This urges us to complete tasks without laziness and that time is valuable. This poem reveals the root of Myanmar National Day and nationalist movements and revolution against colony and fascism. This is an ethnic proverb, illustrating unity by examples of crows and garlic.

Story

Greediness

Story

To respect others and to be without arrogance To know the negative effects of greed

The story is a lecture explaining the difference between overconfidence and well-mannered treatment. This story presents the troubles that are caused by greed for the property of others

Responsibility

National Spirit and Patriotic Spirit

Novel & Story

To use good communication skills To keep Buddhist traditional practices To use good behavior when playing games or sports To know some human rights principles To know the benefit of effort To encourage national spirit

This poem lectures about using better communication when dealing with family, the community and schools. This poem details worship of Buddha, monks, parents and teachers. This describes teamwork, sportsmanship and emotional control.

Table 6 Moral & Civic curriculum of Grade 4 Title

Aim

Description

Five Buddhist Precepts

Sub-title

Buddhist doctrine

Type

To daily keep five Buddhist precepts

Pretty Odious Person

Poem

To be an obedient student

Ethnic Dance Show

Poem

Politeness

Traditional Lecture

General Politeness

Principles

To know ethnic traditions and to understand different ethnic traditional cultures To be a clever and well-mannered student To be polite and to improve

All Buddhist live by the Five Moral Precepts which are refraining from: Harming living things Taking what is not given Sexual misconduct Lying or gossip Taking intoxicating substances This poem states that you must listen to the talk of parents and teachers, not lie to others, not speak rudely and not bully, or else you will become a hateful person This poem overviews different ethnic dances and stresses unity.

Morality

Culture & Wellmannered Practice

This lecture is about having or showing behavior that is respectful and considerate of other people Thisstates to obey ethical standards in everyday life, for example, to respect parents, teachers and the

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Responsibility

National Spirit and Patriotic Spirit

communication skills To know the functions of the Red Cross and to be involved in a school Red Cross Team To be a dutiful and polite person

Red Cross

Poem

My Duty

Poem

Rights and Responsibility

Principles

To know human rights

Patriotic Spirit

Poem

To be a nationalist

If you live this country, you will care to your country.

Proverb

Unpunctual Chicken

Story

Saint Bear

Story

To have patriotic sprit, love our country, and protect our country To learn from teachers and to obey parents’ lectures To have good manners and help others

Novel & Story

elderly, to avoid misconduct, to accomplish duties, etc. This poem presents the tasks of the Red Cross such as humanitarian and relief for victims of war or natural disaster.

This poem asks us to be polite, to love others, to respect the elderly and parents, to be educated, and to love our homeland and nationality. This presents the right to life, right to full development right to participate, and right to security. This poem describes the duty of son and daughter to protect their nationality and shows fears in losing nationality and being mixblood with other foreigners. This is an ethnic proverb that fosters the reader to be a nationalist

This story states that if we don’t listen to voices of parents and teachers, we will not know about things around us. This story states that we must treat others well if we want to be treated well

Figure 2 below shows a word cloud that represents the most common words within the curriculum of the moral and civics subjects for Grade 3. It presents the key words used in the lessons of the Grade 3 curriculum and in the aims of each lesson. Amongst them, the most common words are Behavior, Respect, Obedient, Nationalist, Buddhist, National and Homily. Within the word cloud below, the bigger words are the more prominent words in the lessons and aims of each lesson. The Grade 3 moral and civics curriculum focuses on homilies, Buddhist doctrine, and nationalist ideas.

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Likewise, Figure 3 below is a word cloud for moral and civics lessons in Grade 4. The word cloud show clearly the most common key terms: Respect, Obedient, Nationalist, Nation, Homily and Patriotic. The lessons cultivate obedient students and foster patriotic sprit. Figure 3 Word Cloud for Grade 4 Curriculum

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Discussion Human rights education has existed in informal education in Myanmar. There have been trainings, publications and videos that promote and protect human rights. Over the past five years, human rights concepts have been increasing in the formal education structure in Myanmar and most human right documents endorse human right education. However, teaching human rights education continues to be a challenge even though the MoE has agreed to its implementation and the MNHRC has called for extra attention for human rights education. The potential barriers to HRE are: Lack of teachers’ own knowledge about HRE Lack of resources and inadequate teaching materials No HRE priority due to exam pressure, student assessment, and curricular-focused class Insufficient political will In terms of Myanmar school practices and learning environment, many creative pedagogical approaches for the delivery of human rights education through the use of media and technology can be included. Possibilities for the creative activities of human rights education promotion are: story-telling or oral tradition written works or essay writing , drama and role-playing, art work and drawing, reading cartoons,  public speaking, and  sports. Different learning approaches should also be considered to be used with human rights education: participatory learning, active learning and experimental learning. At the Myanmar basic education level, some lessons plans in the curricula, especially in moral and civic subjects and history, have not been 47 | P a g e

prepared in line with a human rights approach. Most lessons include admonishments, religious discourse, and an extremely patrioticapproach. Learning human rights concepts can help schools to deliver a balanced, relevant curriculum that helps students to make sense of the wider world. Yet Myanmar curricula was written in the spirit of the “unifying of the nation” program, stemming from the long-standing conflict between the military and ethnic armed groups. Hence, in the development of basic school curriculum, ethnicity shouldn’t be the main focus but a human rights approach as it is integrated in the curriculum. Human

rights

education

fosters

participation,

diversity,

equal

opportunities, and non-discrimination toward developing societies in which all human rights are valued and respected. It builds a culture of respect for diversity and equality and is a key role in the spread of core values of social justice and human dignity.

Conclusion Human rights education supports awareness of human right values and these values are protected. It is an instrumental tool towards social justice, peace building, and people-centered sustainable development. In addition, it encourages people to apply human rights in their daily lives and schools so as to eliminate discrimination, prejudice, and other human rights abuses. Human rights education also improves the education quality and learning achievements and ensures the full development of the individual’s personality. Human rights education should be implemented within a wide range of educational settings such as curriculum, teacher training, professional development plans for teachers, textbooks and teaching materials, 48 | P a g e

teaching methods, and the overall school environment. Without a holistic approach to policy-making, conceptual framework, and program development, human rights education is ineffective and inefficient in fostering a culture of human rights. This study indicates that human rights education curriculum should be prepared with a transformative and global approach and the learning environment should be created through human rights values.

Recommendations This research is based on the descriptiveness of literature in the human rights education field area, considerations of international legal policy on human rights education, and analysis of school curriculum, especially moral and civics subject areas of Grade 3 and Grade 4. The following recommendations represent critical elements in effective human rights education implementation in formal education systems: Adopting

strategies,

development

programs,

and

policy

frameworks for human rights education implementation in formal basic education schools Preparing

quality materials for human rights education and

developing of cross-curricular materials and action-oriented teaching methods Identification and inclusion of human rights concepts in the formal school curricula and textbooks that encourage peace building and protecting human rights Organizing workshops for curriculum specialists and text book writers, and consulting with teachers and students for the development of human rights education curriculum  49 | P a g e

Creating learning activities and daily school practices based on human right principle and values   Conducting research on the development of curriculum, appropriate human rights education materials, teaching methods, and teacher training

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References The Republic of the Union of Myanmar Ministry of Education, National Education Strategic Plan 2016— 2021 (published by 2016) The Republic of the Union of Myanmar Ministry of Education, Education for All: Access to and Quality of Education in Myanmar, Conference on Development Policy Options with Special Reference to Education and Health, Nay Pyi Taw, Myanmar (February, 2012) MNHRC, Strategic Plan 2014 -2016 (October 2013) UN, Human Rights Education in Primary and Secondary School Systems:  A Self-assessment Guide for Governments (2012) UN, Teaching Human Right: Practical activities for primary and secondary schools (2003) UNESCO, Contemporary Issues in Human Right Education UNESCO-IBE, World Data on Education (April 2011) at http://www.ibe.unesco.org/ UNESCO, Stopping Violence in Schools: A Guide for Teachers World Programme for Human Rights Education, Second Phase, Plan of Action (2012) Council of Europe Publishing, Living in Democracy, EDC/HRE lesson plans for lower secondary level Asia-Pacific Human Rights Information Center (HURIGHTS OSAKA), Human Rights Education in the School Systems in Southeast Asia: Cambodia, Indonesia, Lao PDR, and Thailand (2009) Asia-Pacific Human Rights Information Center (HURIGHTS OSAKA), Human Rights Lesson Plans for Southeast Asian Schools (October 2003) Asia-Pacific Human Rights Information Center (HURIGHTS OSAKA), Human Rights Education in Asian Schools – Volume 12 (March 2009) Asia-Pacific Human Rights Information Center (HURIGHTS OSAKA), Human Rights Education in Asian Schools: Achievements, Problems and Prospects at https://www.hurights.or.jp/archives/other_publications/human-rights-education-in-asian-schoolsachievements-problems-and-prospects.html BEMIS- Empowering Scotland’s Ethnic and Cultural Minorities Communities, A Review of Human Rights Education in Schools in Scotland (March 2013) BEMIS- Empowering Scotland’s Ethnic and Cultural Minorities Communities, Human Rights Education: Theory And Practices Amnesty International Ireland, Human Right Stories: Tales of Human Right Defenders (2012) Interfaith Council on Ethics Education for Children Global Network of Religions for Children Arigatou Foundation incorporated and endorsed by UNESCO and UNICE, Learning to Live Together: An Intercultural and Interfaith Programme for Ethics Education (2008) Sneh Aurora, Human Rights and Values in Education, Educational International (June 2016) Lothar Müller, Human Rights Education in German Schools and Post-Secondary Institutions: Results of a Study, Human Rights Education Associates, Inc. (HREA) (September 2009)

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Jayantibhai V. Patel , Human Right Education, National seminar on Human Rights and Values in Education, H. S. Shah College of Commerce, Modasa, Gujarat, (Mar. 2007) Nancy Flowers, COMPASITO: What is Human Right Education?, Manual on human rights education for children ( January, 3009) U Thein Lwin, Training Burmese Teacher Tin Htet Paing, National Human Rights Education Initiative Forthcoming, The Irrawaddy (8 July 2016) Facts and Details from website: http://factsanddetails.com/ Oxford Burma Alliance from website: http://www.oxfordburmaalliance.org/education-inburma.html

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Universal Periodic Review Second Cycle (2015 – 2020) Mid-Term Report Burma/Myanmar UPR Forum February - May 2018 1

Table of Contents ACKNOWLEDGEMENTS

3

ACRONYMS

4

I. INTRODUCTION:

5

II. MID-TERM ASSESSMENT FOR 2ND CYCLE OF UPR

6

III. THEMATIC ISSUES

7

(A) FREEDOM OF EXPRESSION, FREEDOM OF ASSEMBLY AND PRESS FREEDOM 7 (B) STATUS OF RATIFICATIONS BY MYANMAR AND COOPERATION WITH UN HUMAN RIGHTS BODIES 10 (C) ETHNIC AND RELIGIOUS MINORITIES ISSUES, FOCUSING ON FREEDOM OF RELIGION OR BELIEF 12 FREEDOM OF RELIGION OR BELIEF (EFFECTS ON CITIZENSHIP AND IDENTITY) 12 FREEDOM OF RELIGION AND BELIEF (EFFECTS ON RELIGIOUS BUILDINGS, HOLY PLACES, SCHOOLS AND CEMETERIES) 13 (D) ACCESS TO JUSTICE 14 (E) ANTI-CORRUPTION AND RULE OF LAW 15 (F) CHILD PROTECTION MEASURES: CHILD LAW AMENDMENT PROCESS AND CSO’S ENGAGEMENT 16 (G) GENDER EQUALITY 20 (H) PEACE PROCESS AND ARMED CONFLICT IN BURMA/MYANMAR 21 (I) THE CONDITIONS OF HUMAN TRAFFICKING AND MIGRANT WORKERS 25 (J) SEXUAL VIOLENCE IN ARMED CONFLICT AREAS AND NON-CONFLICT AREAS 27 SEXUAL VIOLENCE AGAINST WOMEN AND GIRLS BY NON-OFFICIAL SECURITY PERSONNEL 29 IMPUNITY 30 WOMEN’S PARTICIPATION IN DECISION-MAKING BODIES: 20 (K) MINORITY GROUPS: SEXUAL ORIENTATION AND GENDER IDENTITY AND EXPRESSION (SOGIE)31 IV. CONCLUSIONS

32

V. RECOMMENDATIONS

33

(A) FREEDOM OF EXPRESSION, FREEDOM OF ASSEMBLY AND PRESS FREEDOM 33 (B) STATUS OF RATIFICATIONS AND COOPERATION WITH UN HUMAN RIGHTS MECHANISMS 34 (C) ETHNIC AND RELIGIOUS MINORITIES ISSUES FOCUSING ON FREEDOM OF RELIGION OR BELIEF 34 (D) ACCESS TO JUSTICE 35 (E) ANTI-CORRUPTION AND RULE OF LAW 35 (F) CHILD PROTECTION MEASURES: CHILD LAW AMENDMENT PROCESS AND CSO’S ENGAGEMENT 35 (G) GENDER EQUALITY 37 (H) PEACE PROCESS AND ARMED CONFLICTS IN BURMA/ MYANMAR 37 (I) THE CONDITIONS OF HUMAN TRAFFICKING AND MIGRANT WORKERS 38 (J) SEXUAL VIOLENCE IN ARMED CONFLICT AREAS AND NON-CONFLICT AREAS 39 (K) MINORITIES GROUPS: SEXUAL ORIENTATION AND GENDER IDENTITY AND EXPRESSION (SOGIE) 39 VI. APPENDIX I - UPR 2ND CYCLE RECOMMENDATION CHART

41

VII. APPENDIX II- 2ND CYCLE OF UPR RECOMMENDATIONS SCORING CHART

55

2

Acknowledgements The Burma/Myanmar UPR Forum would like to express its deepest appreciation to everyone involved in the development of this UPR Mid-Term Review Report. Special gratitude goes to the lead researcher, Ms. Cheery Zahau, for guiding us through the research process and for her tireless efforts in putting all research bits and pieces together. Thanks to all the UPR Forum members and partners, especially those that undertook Individual research pieces: o o o o o o o o o o o o o o

Access to Justice Initiative Athan Colors Rainbow Equality Myanmar Gender Equality Network (GEN) Genuine People’s Servant (GPS) Human Rights Defender and Promoters (HRDP) Karen Human Rights Group (KHRG) ND-Burma NGO Child Right Working Group (NCRWG) Pen Myanmar Future Lights Centre The Seagull Women’s League of Burma (WLB)

Additionally, we would like to thank the colleagues from Equality Myanmar for their support and oversight throughout this project. In particular, to Sayar Aung Myo Min, facilitator extraordinaire; to Mr. Nay Lin Htike, Mr. Tin Maung Htwe and the Operations Department for the logistic support; and Mr. Daren Moon and Mr. Juan Miguel Sanchez for their insights and technical support in reviewing this Report’s content. Lastly, this work would not have been possible without the financial support of the British Embassy in Yangon.

3

Acronyms ACC: A2JI: Athan: BGF: CSOs: CRDP: CPI: CTFMR: CRB: DKBA: EQMM: HRDF: ICCPR: ICESCR: ICRC: IDPs: KII: KHRG: KNLA: KWAT: LDU: LIB: ILO: IOM: LGBT: MRTV: MNHRC: MoU: NMSP: NLD: NCRWG: NSPAW: NCA: ND-Burma: PDT: Pen-Myanmar: SOGIE: TCRC: TNLA: TWO: UN: UNHRC: UPR: UNICEF: UNDP: UNCAC: UNICEF: UNDP: WHO: WLB:

Anti-Corruption Commission Access to Justice Initiative Athan-Community Based Organization Border Guard Forces Civil Society Organizations Convention on the Rights of Persons with Disabilities Corruption perception index Country Task Force on Monitoring and Reporting Colors Rainbow Democratic Karen Buddhist Army Equality Myanmar Human Rights Defender Forum International Covenant on Civil and Political Rights International Covenant on Economic, Social and Cultural Rights International Committee of Red Cross Internally Displaced Persons Key Informant Interview Karen Human Rights Group Karen National Liberation Army Kachin Women Association-Thailand Lahu Democratic Union Light Infantry Battalion International Labor Organization International Organization of Migration Lesbian, Gay, Bisexual, Transgender Myanmar Television Myanmar National Human Rights Commission Memorandum of Understanding New Mon State Party National League for Democracy NGO Child Rights Working Group National Strategic Plan for Advancement of Women Nationwide Ceasefire Agreement Network for Human Rights Documentation-Burma Pre-departure Training Pen-Myanmar Sexual Orientation and Gender Identity and Expression Township Committee on the Rights of the Child Ta’ang National Liberation Army Ta’ang Women Organization United Nations United Nations Human Rights Council Universal Periodic Review United Nations Fund for Children United Nations Development Program United Nation Convention against Corruption United Nations Children Fund United Nations Development Program World Health Organization Women’s League of Burma

4

I. Introduction: As of today, the Universal Periodic Review (UPR) is the only UN Human Rights mechanism, which allows civil society organizations to raise their concerns to the Government, with UN Member States acting as the main bridge. The Burma/Myanmar UPR Forum is a coalition of independent Civil Society Organizations (CSOs) with the commitment to engage constructively in the Universal Periodic Review (UPR) process to improve human rights situations of all people and communities of Burma/Myanmar and border areas. The Forum was formed in 2010 when Equality Myanmar, in collaboration with Forum Asia, organized a National Consultation Workshop on the UPR with representatives from 13 civil society organizations, and have grown supported by UPR Info, AJWS1 and other partners. Since its inception in 2010, the Forum has collaboratively developed and submitted joint stakeholders report to the UPR Working Group for Myanmar’s first and second UPR cycles in 2011 and 20152 respectively. The reports by the Forum have emphasized critical human rights issues and provided an assessment of the government’s human rights record, from the perspective of local communities using firsthand accounts of human rights violations. The Burma/Myanmar UPR Forum becomes a vital platform for civil society organizations working on human rights issues to informally monitor the human rights performance of the government and how far it has gone in the implementation of UPR accepted recommendations. Two years have passed since then the last UPR round in 2015/2016 and general indications are that civil and political rights have been removed from the political agenda, root causes of discrimination and unrest have not been addressed and violence against women and girls - including sexual violence - remain pervasive while the numbers of human rights violations cases have increased all over the county. The new political environment for the protection and promotion of human rights is fragile, thus, civil society organizations feel compelled to keep on close monitoring and reporting on the human rights situation in Myanmar with the hope that it will result in increased accountability of the Government of Myanmar. This report, that is not exhaustive and is solely based on the knowledge and expertise of the Burma/Myanmar UPR Forum’s members, covers cases of rights violations, a brief analysis on the lack of improvement observed on economic, social and cultural rights and the worsening of civil and political rights that has been observed since 2015. The report also aims to provide concrete recommendations to the Government of Myanmar with keeping a good faith in the democratic government and its promise and obligations to fulfill the human rights of the people aligned with international human rights standards and norms.

https://www.upr-info.org/en/news/myanmar-kicking-off-the-upr-follow-up-phase-with-theburmamyanmar-upr-forum 2 http://www.burmapartnership.org/2015/11/time-for-the-government-to-accept-the-reality-ofhuman-rights-problems-take-effective-measures-and-move-forward-2/ 1

5

II. Mid-term assessment for 2nd Cycle of UPR Myanmar has been reviewed at the United Nations Human Rights Council (UNHRC) through the Universal Periodic Review (UPR) twice, the 1st cycle in 2011 and the 2nd cycle in 2015. During the 2011 UPR Working Group Review, Myanmar received 197 recommendations, out of which 77 were “accepted”, 95 “noted”, 13 “pending” and 12 received no clear response. Some positive results ensued from the 1st round of accepted recommendations. For instance, the Myanmar National Human Rights Commission3(MNHRC) was established, an initiative that was welcomed by the United Nations and human rights organizations. However, the MNHRC’s effectiveness remains disputed among the civil society organizations working on human rights. Another follow-up undertaken by the Government of Myanmar was the ratification of the Convention on The Rights of Persons with Disabilities (CRPD) in December 2011.4 Myanmar’s disabled-focused organizations welcomed the ratification; however, improvements on the rights of disabled people have not been substantial. During the second cycle of the UPR Working Group Review in 2015/6, Myanmar received 281 recommendations, out of which 166 were “accepted” and 15 were “noted”. In following up some of the accepted recommendations, the Government of Myanmar ratified International Covenant on Economic, Social and Cultural Rights (ICESCR) in October 2017,5 a move that has been commended by civil society as a positive step in the right direction although many obstacles remain in its implementation. During the first and second UPR Working Group Reviews, specific recommendations were made to Myanmar in a wide variety of issues, such as ending sexual violence against women in armed conflicts, the repeal of 1982 Citizenship Law that disenfranchised ethnic and religious minorities groups - particularly the Muslim communities in Northern Rakhine State/Rohingya groups,6 - promotion of civil and political rights, promotion of freedom of expression/ speech and overall improvement of economic, social and cultural rights. Little improvement has been observed on these areas. Not only are these rights not being effectively protected in Myanmar, but also sexual violence against women and girls and suppression of rights of religious minorities, particularly, the Rohingya groups, have amounted to gross human rights violations, which the UN human rights bodies categorize as crimes against humanity and ethnic cleansing.7 Press Conference by Special Rapporteur on Human Rights in Myanmar, https://www.un.org/press/en/2011/111020_Myanmar.doc.htm 4 Conventions on the Rights of Persons with Disabilities (CRDP) https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV15&chapter=4&lang=_en&clang=_en 5 International Convenant on Economic, Social, Cultural Rights (ICESCR), http://tbinternet.ohchr.org/_layouts/TreatyBodyExternal/Treaty.aspx?CountryID=119&Lang=EN 3

6 Article 4, Burma Citizenship Law 1982,

www.ilo.org/dyn/natlex/docs/ELECTRONIC/87413/99608/.../MMR87413.pdf

World Report 2017, Human Rights Watch, https://www.hrw.org/world-report/2017/countrychapters/burma 7

6

Despite strong recommendations and advocacy from United Nations (UN) member states and Myanmar civil society organizations, Myanmar has not yet adhered to the principles of international human rights norms and laws. The institutional and constitutional bodies that are expected to promote and protect the human rights of Myanmar citizens and those residing in the country are still failing despite the high expectations pinned under the new civilian government of National League for Democracy (NLD).8 After nearly six decades of military rule and quasi-civilian government, human rights violations persist. Citizens and journalists exercising freedom of expression and speech and civil society organizations working on human rights are still subjected to harassment, arrest and imprisonment. Activists promoting peaceful dialogue and inter-faith harmony as well as gender equality advocates are not safe from harassment and defamation either. The escalation of armed conflicts in the northern part of Myanmar has resulted in continuous displacement of civilians. All of this worsened by weak rule of law, entrenched impunity and widespread corruption. When human rights abuses occur, the judicial system does not ensure justice, and access to justice remains the biggest challenge to enjoyment and exercise of basic human rights in Myanmar.9 III. Thematic issues

(A) Freedom of Expression, Freedom of Assembly and Press Freedom Despite promises to amend the 2008 Constitution and lead Myanmar through a democratization process that would see increased protections granted to human rights, the status of Freedom of Expression (FoE), Freedom of Assembly (FoA) and press freedom under the new civilian government led by NLD party is very fragile.10 One of the main reasons behind this is an oppressive legal framework that is undemocratic and not in line with international human rights standards. Three laws – being drafted, in revision or discussion – are of particular concern to the Burma/Myanmar UPR Forum, namely the Telecommunication Law, the Peaceful Assembly Law and the Right to Information Law. The controversial 2013 Telecommunications Law was amended in August 2017 as a response to strong criticisms of the government’s misuse of the law. Despite its original objective to provide quality telecommunications services to the public, regulating the telecom industry and protecting users, the Law turned out to be a weapon against Freedom of Speech. The amendment shortened the length of the jail sentence from three

World Report 2017, Human Rights Watch, https://www.hrw.org/world-report/2017/countrychapters/burma 9 Myanmar; Questions and Answers on Human Rights in Rakhine State, p. 15, Briefing note, Nov 2017, International Commission of Jurists (ICJ) 10 Constitutional change first item for likely NLD government, Roughneen, S. 11 Nov 2015, Nikkei Asian Review, retrieve https://asia.nikkei.com/Features-archive/Myanmar-s-powershift/Constitutional-change-first-item-for-likely-NLD-government 8

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to two years and recognized the defendant’s right to bail.11 However, it failed to address the most controversial provision - Article 66(D) - that remains unchanged. This Article 66(D) is still being wielded against journalists, activists or citizens that criticize the government, government officials, members of parliament, security forces and even other citizens. The wording of the law allows itself to be used against virtually anyone and everyone if there are contents perceived as defamatory in written, verbal or any form of expression.12 The number of people that have been charged under the Telecommunication Law’s Article 66(D) under the current NLD government is much higher than that of the previous USPD government, which was led by President Thein Sein.13 Article 66(D) defines the crime as, “Extorting, defaming, disturbing, causing undue influence or threatening to any person by using any Telecommunications Network.”14 According to research undertaken by “Athan”, a local organization promoting freedom of expression, there have been a total of 118 cases of activists, journalists and ordinary citizens charged under Article 66(D) of the Telecommunications Law from 2015-2018. Among these, 33 individuals are journalists and 19 out of these are facing trial.15 The 2011 original Peaceful Assembly and Peaceful Procession Law was amended in 2014 and in 2016 in attempts at making it more democratic and bringing the law into line with international human rights law and standards. Even if changes fell short of what was expected from civil society,16 they were regarded as a good step in the right direction. In 2018, under the same NLD government that proposed these changes in 2016, a new amendment proposal was submitted to the Parliament Upper House and approved shortly after. These new amendments, if passed into law, would be highly restrictive of the rights to FoE, FoA, Press Freedom, and democracy in Myanmar. The amendments present several contentious changes to the law, which further restrict freedoms and liberties, which the government is obliged to protect and promote. According to the amended Article 4, a notification letter has to be submitted to the authority at least 48 hours in advance for any public assembly, and that such an assembly may not conflict with laws protecting national security, rule of law, public order, or public moral. In Article 4 (D), it is stated that an assembly is required to provide an approximate number of attendees, an estimated budget, and source of funds when submitting a notification letter. Such administrative requirements are unnecessarily burdensome for civil society to exercise their right to freedom of peaceful assembly and association. Lastly, Ammendent to Telecoms Law passed, Aung, S. Yamin, 27 Augsut 2017, https://www.irrawaddy.com/news/burma/amendments-telecoms-law-passed.html 12Burma; Telecome Law Amended but Key Defemation Provion Remains Unchanged, Legal Monitor, 6 September 2017, http://www.loc.gov/law/foreign-news/article/burma-telecom-law-amended-butkey-defamation-provision-remains-unchanged/ 13 The Telecommunication Law, p 21, 14 Telecommunication Law, Chapter XVIII, Offences and Penalties, Pg 21 15Statement by “Athan” organization, 28 Jan 2018, https://facebook.com/athan.foe.myanmar/photos/a.214949429064130.1073741828.214946255731 114/216979252194481/?type=3&theater 16 5 Karenni Men Sentenced Under Peaceful Assembly Law, Zue Zue, 15 January 2015, https://www.irrawaddy.com/news/burma/5-karenni-men-sentenced-peaceful-assembly-law.html 11

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the new provision of Article 186 states that anyone who supports a protest either financially, materially or through other means would be deemed in breach of national security, the rule of law, public order, or public moral, and could face up to three-year imprisonment and a fine. 17 18 At the time of writing of this report, these amendments are being debated at the Lower House of the Parliament. Currently, the Right to Information Law is being drafted with the expectation it will be comprehensive.19 But the existing News Media Law that was passed in 2014, which says that journalists may “freely criticize, point out or recommend operating procedures of the legislative, the executive and judiciary in conformity within the constitution” is not effective to protect the press freedom.

In addition to the Telecommunication Law, Peaceful Assembly and Procession and Right to Information, the laws that need repeal or amendment are: The Unlawful Associations Act (1908), The Official Secrets Act (1923), The Emergency Provisions Act (1950), The Television and Video Law (1985), The Computer Science Development Law (1996), The Motion Picture Law (1996), The Electronic Transactions Law (2004), The Telecommunications Law (2013), The Contempt of Courts Law (2013), The News Media Law (2014), The Printing and Publishing Enterprise Law (2014), Peaceful Assembly and Peaceful Procession Law (2011), The News Media Law (2014), The Broadcasting Law (2015) and the Law Protecting the Security and Privacy of Citizens (2017). It has been also observed and reported that, when citizens and/or activists try to exercise their freedom of expression and assembly, bureaucracy makes it impossible or difficult. For example, it has been noted that the Ward and Village Tract Administration Law from 2012 does not provide authority to the local township administrators to allow public events such as fundraising activities or literacy talk shows - in which most lecturers are former political prisoners, writers and authors who often criticize government- so organizers needs to fight bureaucracy in order to get an approval that is not always guaranteed. By means of bureaucratic and complicated procedures, the organizers still have to request the permit from almost all local departments to hold a literacy talk show or fundraising event.20 During the military dictatorship, the regime notoriously made use of State-Owned Media for propaganda dissemination and one-way information to the public. Since 2011, some media outlets have been privatized. However, the two biggest Television Stations are still owned by Ministry of Information (MRTV) and Ministry of Defense (Myawaddy TV channel). The competition for TV licenses is low and the Broadcasting Council still controls

Peaceful Assembly and Peaceful Procession Law, 20 October 2017 http://freeexpressionmyanmar.org/peaceful-assembly-and-peaceful-procession-law/ and Hundreds March Against Proposed Change to Peaceful Assembly Law, 6 March 2018, https://www.irrawaddy.com/news/hundreds-march-proposed-changes-peaceful-assembly-law.html 18

Scorcard Assessing Freedom of Expression in Myanmar, PEN Myanmar,3 May 2017, http://www.penmyanmar.org/2017/05/03/scorecard-assessing-freedom-of-expression-in-myanmar/ 20 Tatmataw appears at unofficial Shan peace dialogue, Phoo, N. Soe, 22 December 2017, Shan Hareld Agency for News, https://www.bnionline.net/en/news/tatmadaw-soldiers-appear-unofficial-shan-peace-dialogue 19

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the contents.21 Likewise, the government still runs daily newspapers that only provide the news on activities and projects of the government. More disturbingly, government-run news tend to distort facts and interpretations about important human rights issues, such as the circumstances around the arrest of two local journalists who were investigating mass graves in Rakhine State while working for Reuters. 22. As a result, people do not get a fair balance of information. The state-run newspapers also portrayed the Arakhan Salvation Army (ARSA) as disturbing the Union. Often, the state-media editorial are also misleading to the readers that Rohingya people are immigrants from Bangladesh and twisted the suffering of the Rohingya people such as “a great show” or “demanding for petty”.23 After the Internet blockage was lifted, Internet penetration and mobile access have soared all over the country and particularly in urban and commercial areas such as Yangon and Mandalay. Citizens, unfamiliar with technologies until very recently, have very little media literacy and understanding of social media protocols and etiquette. The government does not cooperate with civil society organizations and other stakeholders in launching awareness campaigns and media literacy and digital literacy trainings nationwide especially in rural areas. Also, law enforcement organizations and many judges are not familiar with technologies and do not have enough level of digital skills and understanding.24 Although there have been an enormous amount of complaints and cases against freedom of expression, freedom of assembly and press freedom, the government is extremely weak and slow in cooperating with civil society organizations and media stakeholders.25 (B) Status of ratifications by Myanmar and cooperation with UN Human Rights bodies Out of the nine core international Human Rights Treaties, Myanmar had ratified four by the time the UPR 2nd cycle started, namely the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in 1997, Convention on the Rights of the Child (CRC) in 1991, including Optional Protocol to the Convention on the Rights of the Child on

What is the Future of Media in Myanmar, Parker, E., 11 September 2017, The Diplomat, https://thediplomat.com/2017/09/what-is-the-future-of-the-media-in-myanmar 21

Rohingya crises: Reuters journalists held for investigating Myanmar killings, 8 February 2018, The Reuters, http://www.bbc.com/news/world-asia-42956176 23 Time to reveal the hidden truth, OP-ED, 8 February 2018, The Mirror Daily 24 Myanmar Digital Activists Come Together to Protect People’s Rights on online 30 January 2018, https://globalvoices.org/2018/01/30/myanmar-digital-activists-come-together-to-protect-peoples-rightsonline-at-digitalrightsmm/ http://freeexpressionmyanmar.org/66d-no-real-change/ 25 Myanmar Army files charges against journalists for contacting rebel groups, Lewis, S. & Naing, S., 28 June 22

2017, Reuters https://www.reuters.com/article/us-myanmar-military-journalists/myanmar-army-files-charges-againstjournalists-for-contacting-rebel-group-idUSKBN19J0OD

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the sale of children child prostitution and child pornography (CRC_OP_SC), Convention on the Rights of Persons with Disabilities (CRPD) in 201126 (likely a result of the UPR 1st cycle). Under the NLD government, and after recommendations being made during the 2nd UPR cycle, Myanmar ratified the International Covenant on Economic, Social and Cultural Rights (ICESCR) on October 6th 2017.27 However, it is worth noting that the government of Myanmar made a reservation on article 1 of ICESCR as follows: With reference to article 1 of ICESCR, [the] Myanmar government declares that the term ‘the right of self-determination’ appearing in this article does not apply to any section of people within a sovereign independent state and cannot be construed as authorizing or encouraging any action which would dismember or impair, totally in part, the territorial integrity or political unity of a sovereign and independent state. In addition, the term shall not be applied to undermine Section 10 of Myanmar 2008 Constitution. Despite having accepted a number of recommendations pushing for the ratification of the International Covenant on Civil and Political Rights (ICCPR) during the UPR Working Group 2nd Cycle Review and the strong push exerted by local civil society organizations within the country, Myanmar has not yet signed or ratified ICCPR and other important international human rights treaties such as CAT.28 In what pertains to collaboration with UN Human Rights’ Bodies and Mechanism, it is troubling to note that the Government of Myanmar has withdrawn – and even refuses cooperation with UN Human Rights Mechanisms. The government of Myanmar informed UN Special Rapporteur Ms. Yanghee Lee in December 2017 that she has been barred from returning to the country and that cooperation will be withdrawn for the duration of her tenure,29 claiming that she had been unfair and biased when reporting on their human rights performance.30 Ms. Lee had been due to visit Myanmar in January to assess the state of human rights countrywide, including reports of abuses against Rohingya Muslims in Rakhine State The Government of Myanmar has also consistently refused entry to a separate UN factfinding mission appointed by the Human Rights Council to investigate allegations of human rights violations in various conflict areas, including in Rakhine State,31 on the same claims on unfairness and biased views. On March 2017, the UN Human Rights Council authorized a three-member Fact-Finding Mission to Myanmar with an open mandate to look at all allegations of situations where the human rights of people in Myanmar have Ratification Status by Myanmar, http://tbinternet.ohchr.org/_layouts/TreatyBodyExternal/Treaty.aspx?CountryID=119&Lang=EN 27 What a great news, Myanmar ratified ICESCR, Win, K.Khine, 12 October 2017, http://www.globalnewlightofmyanmar.com/great-news-myanmar-ratified-icescr 28 Myanmar: Steps towards ICCPR ratification, Centre for Civil and Political Rights, http://ccprcentre.org/ccprpages/myanmar-steps-towards-iccpr-ratification 29 Myanmar refuses access to Special Rapporteur http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=22553 30 End of Mission Statement by Special Rapporteur on the situation of Human Rights in Myanmar, Feb 1, 2018 http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=22619&LangID=E 31 US Diplomat calls on Myanmar to accept fact-finding mission https://www.mmtimes.com/nationalnews/yangon/26762-us-diplomat-calls-on-myanmar-to-accept-fact-finding-mission.html 26

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been undermined by any actor, whether they are part of the military or security forces, or non-state armed groups. However, the Myanmar Government has rejected and blocked every attempt of an independent and impartial investigation. Although the UN FactFinding team was not granted access to the country, they visited the refugee camps on Thai-Myanmar border and Bangladesh and conducted intensive interviews for survivors of atrocities. The Fact-Finding mission released a statement on their initial findings last March 12 at the 37th session of the Human Rights Council.32 (C) Ethnic and Religious minorities issues, focusing on Freedom of Religion or Belief

Freedom of Religion or Belief and its relation on Citizenship and Identity Myanmar’s largest population professes Buddhism as their religion. According to the 2014 National Census, the Buddhist population is 89.8%, Christian 6.3%, Islam 2.3%, Hindu 0.5%, Animist 0.8% respectively. 33 Since 2012, Myanmar has been facing Buddhist ultranationalist movement that ignites hatred against other religions, particularly Islam religion by false claims that the Muslim population is outgrowing the Buddhist population.34 Throughout the military government, the religious minorities have faced systematic discrimination and suppression based on their faith. The Christians were reported to face oppression on their religious practices often in the forms of physical and mental oppression.35 Often the Chin pastors are told not to preach about social justice and freedom.36 This entrenched discrimination have impacts on political and civil rights and economic-social-cultural rights of the religious minorities. The physical oppression is such as not allowing to go to church services on Sunday or Christmas or New Yew events. The army attack in Kachin State during Christmas is one clear indication of distracting religious freedom. 37 As Myanmar transitioned into democracy from 2010, the quasi-civilian government eased some restriction on religious practices for minorities. However, the easing environment short lived as the ultranationalist monks introduce the bills into the parliament through their counter-part members of parliament from Union Solidarity and Development Party (USDP). They restrictive laws was divided into four bills, infamously known as The Four Bills or Race and Religion Protection Law. This set of bill contains- The Population Control Bill, The Religious Conversion Bill, The Anti-Polygamy Bill and The Buddhist Women’s Special Marriage Bill. 38 This four bill pertains the contents such as Statement by Mr. Marzuki DARUSMAN, Chairperson of the Independent International Fact-Finding Mission on Myanmar http://www.ohchr.org/EN/HRBodies/HRC/Pages/NewsDetail.aspx?NewsID=22798&LangID=E 33 Main Report: Volume 2-C, Religion, Myanmar Census 2014, 34 Govt publishes data on Population of Religious Groups, Aung, S. Yamin, 21 July 2016, The Irrawaddy, https://www.irrawaddy.com/news/burma/govt-publishes-data-on-populations-of-religious-groups.html 35 Religion and Religious Repression in Myanmar, Facts and Details, http://factsanddetails.com/southeastasia/Myanmar/sub5_5c/entry-3033.html#chapter-3 36 BIT 37 Fighting in Northeast picks up at Year’s End, Nyein. N. 26 December 2017, The Irrawaddy, https://www.irrawaddy.com/news/burma/fighting-northeast-picks-years-end.html 38 Hyber-nationalists celebrate four “race and religion” law Min. A. Kyaw, 15 September 2015, Myanmar Times, https://www.mmtimes.com/national-news/16477-hyper-nationalists-celebrate-four-race-and-religionlaws.html 32

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outlawing polygamy, inter-marriage between different religions, control over women’s freedom of choice for family and religion, control over population of certain ethnic groups such as Rohingya Muslim group. 39 In Myanmar, the citizenship application procedures and verification processes are based on the 1982 Citizenship Law,40 although this law does not meet, nor is in line with, the international human rights standards; According to this 1982 Citizenship Law, some citizens are qualified to receive the citizenship, yet they are unable to complete the process (ergo, receiving citizenship) due to entrenched discriminatory practices followed by immigration bureaucratic officials such as coercing the applicants’ religion (request to reflect a religion other than one’s own), unreasonable process delay, asking for bribery in different forms, misuse of authority, etc. which have impacts on the rights of religious and ethnic minorities.41 It has been observed that, for non-Bamar Buddhist nationals, immigration officials demand extra paperwork and fees that are not included in 1982 Citizenship Law. According to a survey conducted by The Seagull Human Rights, Peace and Development Foundation, a Mandalay based human rights organization, the Christian applicants were forced to claim his/her ancestors belong to German or French heritage if the applicants would like to identify as Christians.42 One Muslim applicant who participated in the survey said his ancestors had all been citizens and had received citizenship cards. However, recently, the immigration authorities revoked his citizenship card with the claim by the authorities that it was fake. When he reapplied, it took four years.43 Most of the Bamar ethnic groups who are not Buddhists face lengthy process of the citizenship application and their cases are not decided at the township level authorities, the verification takes place at the regional immigration department or union immigration department.44

Freedom of Religion and Belief and religious buildings, holy places, schools and cemeteries It has been reported that, from 2013, the Muslims in Meikhtila, Mandalay region have faced restrictions to practice their religion, such as closure of their mosques for extended periods of time (in occasions, up to five years). Out of the 13 mosques forced to close, five have been allowed to re-open recently. It is also reported that no official notification letter Protection for Whom: Violations of International Law in Myanmar’s new ‘Race and Religion Protection “Laws, White. C. December 2015, Georgetown Institute for Women, Peace and Security, 40 The Burma Citizenship Act, Harvard University, https://rlp.hds.harvard.edu/faq/burma-citizenship-act 39

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Religious Discrimination and Conflict in Myanmar: National Registration Cards, The Seagull Human Rights, Peace and Development Foundation, Myanmar, 2015, Pg 10, 42 Religious Discrimination and Conflict in Myanmar: National Registration Cards, The Seagull Human Rights, Peace and Development Foundation, Myanmar, 2015, Pg 8, 43 44

Internal Documentation for Report on Citizenship in Mandalay by The Seagull, 2017 Internal Documentation for Report on Citizenship in Mandalay by The Seagull, 2017

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was produced at the time the mosques were requested to close, it was only verbal notification by the township level authorities.45 From the social media monitoring work done by Seagull Human Rights, Peace and Development organization (The Seagull) – one of the Burma/Myanmar UPR Forum members, it is learnt that when Muslims were gathering for service at private homes, some Buddhist nationalists complained to the authorities, who personated themselves to interrupt the services. As the religious freedom space is shrinking, religious schools were told not to hold any teaching as notified by the local authorities in February 2018. In Moegyok Township, one of the monk political activists well known as Yae Pu Sayadaw was arrested on the grounds of illegal logging, but in actuality the monk bought small pieces of woods and bamboo to repair the damage at the monastery.46 In another case, a Buddhist monastery in Mingalardon Township, Yangon region, was also destroyed under comment of illegal construction.47 In Magway Region, a central part of Myanmar, the Christians were not allowed to celebrate Christmas Eve and the warning came from the ward and village administrators without reasonable ground. 48 (D) Access to Justice The space for civil society participation in the legislative process was expected to be welcoming and transparent under the new civilain government as the new parliament, in an early debate on legislation, touched upon civil rights and access to justice. However, making actual reform at court proceedings remains challenging. 49 Continued and coordinated engagement is needed to ensure that civil society and government officials take advantage of this emerging framework and ensure transparent and participatory legal consultations. Regarding the court monitoring, trial observations identified protection of the right to a public hearing, early access to lawyers, the right to a hearing without undue delay, and the right to a hearing by a competent, independent, and impartial court as specific areas of concern in need of priority advocacy efforts. Although all defendants have the right to a hearing without undue delay, 46% of all scheduled court hearings were adjourned , with the absence of a police witness the most common reason for an adjournment50 as observed by the reseachers at the Justice Base, a NGO working on legal reform. Moreover, exclusion from courtrooms was informal or the result of official obstacles, the result of hearings closed to the public was widespread. The opening of court proceedings 45

Interview with CSO Leader & Religious Leaders in Meikhtila, 27 Feb 2018

Official Announcement Letter by Township Level General Administrative Department (2/2018) 46 Report on Endangered Holy Houses by Yway Latyar Institute https://www.facebook.com/media/set/?set=a.1243019172408899.1073744399.121507374560090&type=3 47

https://frontiermyanmar.net/en/religious-building-audit-prompts-new-tensions

Offical Announcement by Village Authority Officer (9th Dec 2017) Trail Observation Report, Justice Base, Augsut 2016, p 13 50 Trail Observation Report, Justice Base, Augustt 2016, p 5 48 49

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to public scrutiny, media coverage, and independent monitoring may be one of the most effective means of enforcing fair trial standards51. In addition, high legal costs — including the fees necessary to hire a private lawyer and the fees for filing and obtaining legal documents — are a barrier to court use. Also, language difficulties and illiteracy hinder citizens' ability to understand their rights and communicate with court staff, police officers and other key stakeholders in the formal justice system. Hearings were postponed in 46% of all observed proceedings. Sixty percent of postponements were due to police failure to appear. Ten percent were postponed due to the judge's unavailability. In one case, a rape charge, the court granted 13 adjournments requested by the prosecution, once because the law officer was absent, and 12 times because no prosecution witnesses were present to testify. In 75% of cases the notice of the hearing (i.e., cause list) was not updated or displayed in a public place. Finally, courtrooms lack accommodation for interested parties or the public except Hlaing Thar Yar (district court) . With few exceptions, courtrooms tended to be so small in size that only participating parties could attend. Instances in which a court proceeding should have been closed, but were not, included one hearing at which the testimony of a five year old rape victim was open to the public.

(E) Anti-Corruption and Rule of Law The origin of the word “Corruption” is from the Latin corruptus (spoiled) and corrumpere (to ruin; to break into pieces). The working definitions presently is vague and the interpretation has variations of "the misuse of a public or private position for direct or indirect personal gain".52 Bribery is the act of conferring a benefit in order improperly to influence an action or decision. It can be initiated by an official who asks for a bribe, or by a person who offers to pay one. Bribery is probably the most common form of corruption. By looking at the definition of corruption, Myanmar officials and public office holders practice all types of corruptions and the people of Myanmar have got used to the wrongdoing. Corruption is a serious crime that can undermine social and economic development in all societies. The corruption perception index (CPI) for Myanmar/Burma was 178 out of 180 countries in 2009 and it has gone up to 130 out of 180 in 2017.53 Because of the adoption of the Anti-corruption law ratifying United Nation Convention against Corruption (UNCAC)54 in 2013 and establishing of Anti-Corruption Commission (ACC55), the index has become just

Trail Observation Report, Justice Base, Augustt 2016, p 6 United Nations Handbook on Practical Anti- Corruption Measures for Prosecutors and Investigators, 2004, page 24, chapter 2, corruption defined, C. bribery, https://www.unodc.org/pdf/crime/corruption/Handbook.pdf 53 Myanmar Corruption Rank 2003-2017, https://tradingeconomics.com/myanmar/corruption-rank 54 Myanmar becomes the 165the State Party to UN Convention against Corruption (UNCAC), 10 January 2013, https://www.unodc.org/southeastasiaandpacific/en/myanmar/2013/01/165uncac/story.html 55 Background of ACC formation, http://www.accm.gov.mm/acc/index.php?route=information/information&information_id=15 51 52

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higher and there has not been many significant improvements regarding the Anticorruption in Myanmar. People of Myanmar still suffer the impact of corruption. Myanmar accepted two recommendations from 2nd Cycle of UPR in 2015 on corruption issues as Myanmar had already signed the UNCAC (on December 2005 and ratified in December 2012). Although there is a Mechanism for the Review of UNCAC of the State Parties, the government of Myanmar has not been reviewed due to lack of cooperation from the UN committee and the government, which also keeps civil society organizations uninformed about its obligation. The government elected in 2010 adopted a new Anti-corruption Law in September 2013. The law had many loopholes and therefore, two amendments were pushed for. Now the new ACC is trying to amend the law for the fourth time. The two main weak points are that ACC has not the mandate to initiate the investigation by itself without any complaints or the instructions from the Parliaments or the President; and ACC has to request permission from respective Government department to prosecute one of its employees, so the alleged can flee from prosecution. According to the research of Access to Justice Initiative (A2JI), only a few people have awareness about the existence of Anti-corruption law and the ACC as a body established by this law. The new commissioners were appointed late 2017 and have attempted to work effectively, increasing the cooperation with CSOs to amend the current Anti-corruption law and raise awareness about anti-corruption, including legal protection measures. Since they were appointed, although they received 4516 cases, they have been able to investigate 63 cases and took actions in 47 cases, mostly due to incomplete information and bureaucracy delay. 56 In relation to people’s awareness on legal action against corruption, and according to Access to Justice Initiative (A2JI) research, legal information is not readily available in local languages, leading to a lack of legal knowledge that leads to serious misunderstanding between the public and government institutions. Only 10% of survey respondents knew of the existence of the ACC and 10% of respondents believed they had adequate access to legal information on corruption, and most of that was through the media. Also 10% of respondents believed they had adequate access to legal information on corruption, and most of that was through the media. Information was rarely available in ethnic languages. Moreover, drafting and amending of Anti-Corruption Law passed without public consultations. 62% of respondents believe that findings of corruption by government officials are not enforceable. Also, court clerks were routinely observed accepting what appeared to be financial bribes.57 (F) Child Protection Measures: Child law amendment process and CSO’s engagement

Myanmar’s Anti-corruption Commission receives 4516 complaint letters, Mizzima, 28 December 2017, http://www.mizzima.com/news-domestic/myanmar%E2%80%99s-anti-corruptioncommission-receives-4516-complaint-letters 57 Research by Access to Justice Initiative, 56

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Despite ratifying the Convention on the Rights of the Child (CRC), children in Myanmar do not enjoy their basic rights from right to life, right to education, right to adequate healthcare to other social protection. There is a traditional belief that dictates that adults have power over children which makes it even more difficult for children to be given proper protection when facing abuses at home or school.58 Child Law: In 2015, the Department of Social Welfare under the Ministry of Social Welfare, Relief and Resettlement organized the 2nd Consultative Workshop on the 6th draft of Child Rights Bill with a variety of stakeholders. In 2016, the same Department of Social Welfare organized the 3rd Consultative Workshop with some selected CSOs. However, the process of child law amendment was not transparent and CSOs’ inputs were not considered and integrated in the draft bill according to CSOs that compared the initial draft law and the final draft law.59 In 2016, the NGO Child Rights Working Group (NCRWG) received the 13th draft Child Rights Bill from the Women and Child Rights Committee of the upper house. Then, NCRWG has consecutively reviewed on the new child rights bill and engaged with some important committees from Parliaments (both Pyithu Hluttaw and Amyotha Hluttaw) in order to fully comply with the provision of UN CRC. Child Soldiers: In 2016, the Myanmar Government established a committee focusing on prevention of underage recruitment led by the Union Minister of Defense with the notification of President’s Office.60 The responsibilities of the committee are to establish prevention measures for underage recruitment, to coordinate with the Department of Social Welfare for promotion of committee activities through media, to collaborate widely with the responsible persons and UN agencies such as United Nations Fund for Children (UNICEF), United Nations Development Program (UNDP) and its main partner International Croissant of Red Cross (ICRC). Even though the Committee has been established since 2016, there is no clear action plan or policy measurement for prevention of underage recruitment and protection of children in armed conflict. There is not much effort on promotion of Committee activities among relevant stakeholders such as children, parents, communities, civil society organizations, community-based organization and stakeholders such as faith based organizations or charity groups. It is unclear how the Committee coordinates with the Country Task Force on Monitoring and Reporting (CTFMR) for progress and challenges. Additionally, there is no specific information related to the punishment and sentence of military officers and other ranks involved in underage recruitment cases and the penalty actions by the martial court are unknown to public.61 Child Protection in Myanmar: Overview, UNICEF, https://www.unicef.org/myanmar/protection.html 59 Child Rights Law draft publication, The Mirror Daily, 13 July 2017 60 Establishing of Committee on Prevention of Child Recruitment, 11 May 2016, www.presidentoffice.gov.mm 61 Children and Amred Conflicts, Report of the Secretary-General, General Aseembly, 24 August 2017, p. 41, 58

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Key Informant Interview (KII) conducted by NCRWG indicates that there are new recruitment cases taking place. Age verification process remains too complex for smooth reintegration of former child soldiers.62

Sexual violence against children: A report released by the Ministry of Home Affairs indicated that minor rape cases have increased from 43% in 2013 to 61% in 2017. 63 The Department of Social Welfare established a hotline and helpline for all child protection cases in Nay Pyi Taw since 2016 but the general public is not aware of these services. Most cases reported are taking place at the village and ward levels and rural areas are often not readily accessible. According to the rules contained in the Child Law (2001) Section 16, a child, through parents and other people, can report a compliant to the Township Committee on the Rights of the Child (TCRC) for violation of his or her rights. However, most TCRCs are not functioning, and the TCRC members are not fully aware of their roles and responsibilities in accordance with the Myanmar Child Law. 64 As a consequence, children in villages and wards are not able or unaware of the possibility to report to the TCRCs despite the existence of the Child Law. Moreover, since 2015, the Department of Social Welfare has established a social case management system in 37 townships with over 100 case managers. The coverage remains an issue however with the system covering only 37 out of 330 townships. The incident reporting services are not easily accessible from villages in rural and remote areas. Most of the communities are not aware of the reporting mechanism. Birth registrations: The NCRWG discovered evidences of considerably low percentage of children with birth certificates in Myanmar. According to World Health Organization, this rate was 72.4% in 2014.65 Data in 2014 from UNICEF website reinforce this fact by showing that about 30% of children under 5, or around 1.6 million children, were not found in national birth registration system. 66 UNICEF data also revealed significant differences in birth registration rates in different residential locations: While almost every child in Yangon obtain certificates, only 76% of children in Chin State and 41% in Rakhine State were given birth registration. The survey in Internal review by NCRWG, March 2018 Minor rape (671) and rape against adults (420) cases, 6 February 2017, Myanmar Office of Information, www.facebook.com/MOIWebportal 64 Situation analysis of children in Myanmar, Ministry of National Planning and Economic Development and UNICEF, July 2012, p 65 World Health Organization, World Health Statistics, 2014 66 https://www.unicef.org/myanmar/media_22883.htm 62 63

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November 2016 of the NCRWG also indicated specific children groups in remote locations in Kayah State who are commonly found with low rate of birth registration as they usually meet impediments in getting registered. During a survey conducted by NCRWG in 2016 across the country, it was noted that many families from vulnerable and marginalized groups are not aware of the significant importance of birth registration. Additionally, in some areas, unofficial fees are still observed with birth registration procedures, usually from 1,500 to 3,000 Kyats, and this more or less contributes to those families’ reasons not to fulfill the rights to birth registration of their children.67 Corporal Punishment: A report of UNICEF in 2013 indicated that up to 82% of students said that they would be given this kind of punishment when doing something wrong and more than 40% of teachers admitted beating students more than once a week.68 A survey conducted in November 2016 by the NGO Child Rights Working Group also confirmed this fact. Many children in Mon, Kayin, Shan, Chin States and Yangon City affirmed that corporal and emotional punishments were commonly used by parents, teachers, employers and relatives. This situation is even worse in rural, remote and border areas and especially in vulnerable and marginalized communities. Boys are allegedly more vulnerable to corporal punishment than girls. The weakness and/or inappropriateness of Myanmar legal frameworks with respect to corporal punishment of children is regarded the main cause for such inappropriate practice. The 1993 Child Law, in its Article 66, and the Penal Code, in its Article 89, accept corporal punishment of children as an educational measure. Consequently, this common form of violence against children at home, in communities and schools is neither reported nor treated seriously by local authorities, police and department of social welfare. Furthermore, there has not as yet been any complaint mechanism on corporal punishment developed by the government. Children involved in the survey above mentioned and complained that they have not known how, where and whom to report when being beaten by adults. Another underlying cause for the existence of corporal punishment of children is poor or inappropriate awareness and knowledge on child rights, especially the rights to protection, of government actors at multiple levels, local authorities, parents and caregivers, as well as children. The gaps in Myanmar legal frameworks and the absence of systematic, long-term, effective awareness raising campaigns and education programs can contribute to pervasive corporal punishment of children. Moreover, the fact that positive discipline has not been widely introduced, promoted and applied in communities and schools is also assumed as another contributing factor.69

Internal survey conducted by NCRWG, December 2016 UNICEF, Corporal Punishment of Children in Myanmar, 2013 69 Source? 67 68

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(G) Gender equality Out of the 170 recommendations that were formally accepted by Myanmar in the 2nd Cycle of UPR Review, 20 directly related to women’s rights (that is 12% of the total) with many others also concerning the establishment of gender equality. The Government of Myanmar has a National Strategic Plan for Advancement of Women (NSPAW) (2013-2022) and some progress has been made by the Government, particularly the Ministry of Social Welfare, Relief and Resettlement. However, the process suffers from lack of political will, gender-specific budgeting in relevant ministries and formal implementation of the plan remains delayed. Addressing NSPAW gender gaps is critical to progress in achieving women’s rights. Despite an enduring cultural rhetoric assuming gender equality, women confront restrictive social and cultural norms limiting their ability to participate fully in Myanmar society.70 Multiple forms of violence against women71 continue to be of grave concern as shown by higher statistic figures of rape cases increased every year.72 Support services for survivors who place little faith in the justice system are lacking. 73 Myanmar’s first Prevention and Protection from Violence against Women Law is in progress. Women living in conflict-affected areas are particularly at risk of gender-based violence. Military violations continue, including significant abuses in 2017. Conditions within IDP camps further endanger the rights of women.74 Buddhist nationalism continues to pose risks to the achievement of human rights for women. The “Protection of Race and Religion Laws” passed in 2015 restrict women’s reproductive rights and complicate choice of marriage based on religion. Women’s participation in decision-making bodies: Federalism alone cannot guarantee gender equality, nor is it necessary to wait until federalism is fully implemented to work for more women’s participation in political leadership. In some advanced democracies, quota systems have been introduced by political parties themselves in order to strengthen democracy and to be more inclusive. Alternatively, a quota system could be included in political party registration law, with a requirement of at least 30% women’s representation at central executive committee, central committee and at every level of decision-making. As political parties recruit new

Women and Leadership. GEN et al. 2013; CEDAW Article 7, General Recommendation No. 23; UDHR Article 21; Gender & Politics: Women and Men Candidates in the 2015 Election. GEN, 2017; Analysis of Myanmar’s Second Union Peace Conference – 21st Century Panglong From a Gender Perspective. AGIPP, 2017. 71 See CEDAW Article 1, General Recommendation No. 19. 70

Sexual assault cases rising in Myanmar, Win, H. Nanda, 19 February 2018, The Myanmar Times, https://www.mmtimes.com/news/sexual-assault-cases-rising-myanmar.html 72 73 74

Behind the Silence: Violence Against Women and their Resilience. GEN, 2015. Women’s Needs Assessment in IDP Camps, GEN and the Kachin Women Peace Network, 2013.

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members and select candidates for election, they are responsible for ensuring more women are elected to parliaments.75

(H) Peace Process and Armed Conflict in Burma/Myanmar In February 2018, the Lahu Democratic Union (LDU) and the New Mon State Party (NMSP) signed the Nationwide Ceasefire Agreement (NCA),76 bringing the number of signatories to ten. The NMSP reportedly signed following pressure from the government, which raided the group’s offices, stationed troops in their area, and withheld development money.77 In October 2015, eight groups signed NCA. In 2011, Myanmar’s military-led government embarked on a peace process with 15 armed groups and started political negotiations. However, NCA non-signatories still comprise a large majority of non-state armed troops in Myanmar and intense fighting continues between several of these groups and the military, predominantly in Kachin and northern Shan states. Monitoring has shown that armed conflict between the military and armed groups has in fact escalated since the launch of the peace process in 2011 and non-signatories have reported an intensification of attacks by the military in advance of peace talks, which have been perceived as pressure to sign the deal. A number of NCA-signatories have also reported ongoing clashes with the military.78 Seven non-signatories have formed a negotiating bloc that comprises approximately 80% of non-state armed troops in the country and has called for the NCA to be replaced with an alternative peace treaty.79 Non-Ceasefire Areas Ongoing conflict has been accompanied by human rights violations against civilians, such as arbitrary arrest, torture, extrajudicial killing, forced labour, sexual violence,80 death by landmines81 or by shelling,82 and confiscation and destruction of property.83 ND-Burma “Strategies to Promote Gender Equality” Policy paper by the Salween Institute for Public Policy and by WLB, P. 12 76 NMSP, LDU formally sign Nationwide Ceasefire Agreement, Sargent, R. & Htay, H.Hla, 13 February 2018, The Frontier, https://frontiermyanmar.net/en/nmsp-ldu-formally-sign-nationwide-ceasefireagreement 75

77 Two armed groups ‘ pressured to sign NCA”, Mon, S. Myat, 3 February, 2018, The Frontiers,

https://frontiermyanmar.net/en/two-armed-groups-pressured-to-sign-ceasefire-unfc 78 BNI online: Tatmadaw attacked SSPP/SSA-N over 500 times since the signing of the union-level ceasefire, 16 January 2018 https://www.bnionline.net/en/news/tatmadaw-attacked-ssppssa-n-over-500-times-signingunion-level-ceasefire and Mizzima: ‘Fierce fighting reported between DKBA-Buddhist and KNLA, BGF’, 9 January 2018 http://www.mizzima.com/news-domestic/fierce-fighting-reported-between-dkba-buddhist-andknla-bgf 79 Asia Times: Spurned by West, Myanmar’s Kachin look to China http://www.atimes.com/article/spurnedwest-myanmars-kachin-look-china/ and Myanmar Times: ‘Wa-led northern groups to meet with State Counsellor today’ https://www.mmtimes.com/national-news/26149-wa-led-northern-groups-to-meet-withstate-counsellor-today.html 80 Women and girls continue to suffer rape and other sexual violence in conflict areas. Rape continues to be used as a weapon of war by the military in order to shame and divide communities. Due to the stigma associated with this crime, it is severely underreported. 81 Civilians also face the risk of injury and death as a result of landmines, laid by both the military and armed groups. In three separate cases from October - November 2017, all in Kyauk Mae District, northern Shan State, four civilians were killed by landmines and five injured.

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documented 154 human rights violations in 2016 and 50 in 2017,84 with the majority being recorded in active conflict areas. The most common human rights violations are arbitrary arrest and torture, most commonly of ethnic nationality civilians accused of supporting ethnic armed groups. The majority of human rights violations are committed by state security forces, though ethnic armed groups also commit abuses. Impunity for human rights violations continues to be the norm, with victims rarely reporting human rights violations to authorities due to, among other reasons, fear of the military and a lack of trust in the legal process in Myanmar. Ethnic nationality civilians are frequently arbitrarily killed by the military. In a case from August 2017 in Muse District, Northern Shan State, a 29-year-old Ta’ang man was forced by soldiers under the command of LID 88 the military to act as a guide before being shot to death by a soldier. The man’s family wanted to open a legal file but the military threatened them not to and gave 800,000 kyat (approximately 600 USD) so that the case would be closed. In another incident in Muse District, Shan State in August 2017, a 29year-old Ta’ang man was arbitrarily shot to death by soldiers from LID 88 while making charcoal with his wife. The military continues to use a variety of methods to intimidate ethnic nationality civilians as part of its ‘four cuts’ strategy designed to cut off armed groups’ access to food, funds, intelligence and popular support. One such method is blocking aid to ethnic nationality IDPs. In a case from August 2017, 32 ethnic Kachin civilians were bringing aid to IDPs recently displaced by fighting in Moe Kaung Township, Kachin State, when they were blocked by soldiers from IB 29, IB 381 and LIB 384 who said their trucks did not have a license. The soldiers said the trucks would be confiscated and the leader of the group arrested, which the civilians protested. One victim was subsequently beaten until she lost consciousness and hospitalised.85 The military also continues to use arbitrary arrest and torture of ethnic nationality civilians to try and quell support for armed groups and gather information. In one case from Namhsan Township, northern Shan State, soldiers from LIB 502 and 503 arrested and tortured 25 ethnic Ta’ang civilians on 19 January 2017 on accusation of being affiliated with the Ta’ang National Liberation Army (TNLA). One victim was dressed in TNLA fighter’s uniform by the soldiers - a tactic used to justify torture and murder of ethnic nationality civilians that is frequently documented by ND-Burma. In a case from March 2017, soldiers from LIB 88 shot 3 ethnic Ta’ang civilians in Namkham Township, northern Shan State, as they were coming back from their tea farm. All 3 were hospitalised, with two needing operations. 86 82

Civilians living in conflict areas continue to be in danger of being killed by shelling. In a case from August 2017 an ethnic Ta’ang woman was killed by shelling during armed clashes between the military and the TNLA in Kutkai Township, Shan State 83 Government soldiers continue to destroy and loot civilians’ property in conflict areas. In a case from December 2016, soldiers from IB 33 destroyed and looted villagers’ property in Kyaukme District, northern Shan State, following armed clashes with the TNLA. Property worth 1.4 million kyats (approximately 1,000 USD) was stolen. 84 The reduction in human rights violations documented in 2017 is due to severe access restrictions and security concerns for field officers in conflict areas, as opposed to an actual drop in the number of human rights violations committed. 85 86

Human Rights Situation in Myanmar from January- December 2017 report, ND-Burma. Human Rights Situation in Myanmar from January- December 2017 report, ND-Burma.

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Impunity continues to be the norm for human rights violations. However, there have been a few cases of low-ranking government soldiers facing criminal justice procedures for abuses. In September 2016, a court martial sentenced 7 soldiers to 5 years in prison with hard labour for killing 5 Shan civilians.87 In January 2017 a court martial sentenced a soldier to 2 years in jail with hard labour for killing a Kachin student.88 And in January 2018 a court martial sentenced 6 soldiers to 10 years in jail for killing 3 Kachin civilians.89 The only case to have been heard in a civilian court is that of a soldiers who raped a 14-yearold Kachin girl, which saw him sentenced to 13 years in jail.90 Ceasefire Areas Despite the signing of the NCA, there continues to be a heavy military presence and ongoing militarisation of civilian areas covered under the accord. KHRG reports still show heavy military presence of Tatmadaw and its Border Guard Forces (BGF) and ongoing militarisation91 in and around civilian areas. Apart from the military presence in and around villages in southeast Myanmar, KHRG has received reports that the Tatmadaw and the BGF are mobilising and transporting troops, weapons and ammunition as well as strengthening army bases92 and conducting aerial military exercises. Furthermore, KHRG reports show Tatmadaw troops attempted to construct 3 new army camps in 2017 in Thaton and Dooplaya Districts, but the Karen National Liberation Army (KNLA) troops stopped them, causing tension between the two armed actors. Ongoing militarisation has severe negative consequences on villagers’ safety and livelihoods. One example of the negative effect the military activity can have on villagers took place on May 3rd 2016 in Thandaunggyi Township, Toungoo District. The incident took place when a military truck hit a motorbike with two villagers, who were killed instantly. The driver did not stop. The family of the victims went to the police to report this hit and run, but the police refused to investigate because the perpetrator was the Tatmadaw.93 To this day, there is no justice for the victims or their families. Additional concerns raised by local communities related to the presence of military camps near and

87

The Irrawaddy: ‘Burma Army Soldiers Sentenced to Five Years With Hard Labor for Killing Civilians’, 16 September 2016 https://www.irrawaddy.com/news/burma/burma-army-soldiers-sentenced-to-five-years-withhard-labor-for-killing-civilians.html 88 The Irrawaddy: ‘Burma Army Soldier Sentenced to Two Years over Student’s Death’, 6 January 2017 https://www.irrawaddy.com/news/burma/burma-army-soldier-sentenced-to-two-years-over-studentsdeath.html 89 New York Times: ‘Myanmar Soldiers Sentenced for Killing 3 Civilians in Kachin’, 20 January 2018 https://www.nytimes.com/2018/01/20/world/asia/myanmar-soldiers-sentenced-kachin.html 90 DVB: ‘Burmese soldier jailed for raping disabled Kachin girl’, 12 November 2014 http://www.dvb.no/news/burmese-soldier-jailed-for-raping-disabled-kachin-girl-myanmar/45785 91 Militarisation’ includes any activity that villagers perceive as intended for military purposes. This category includes the building of new bases, including land confiscation, by armed groups, the strengthening of existing bases and military training exercises, as well as the ongoing rotation of troops, re-supply of rations, weapons and ammunition, ongoing landmine contamination, unexploded ordnance and remnants of war, and recurring skirmishes between armed actors. 92 Tatmadaw built two new helicopter landing pads in the center of Karen/Kayin State in late 2017. 93 http://khrg.org/2016/09/16-5-nb1/collision-between-tatmadaw-military-truck-and-villagers-motorbikethandaunggyi

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in villages are military trainings near civilian areas, destruction of property,94 and villagers being used as human shields.95 KHRG reports also show military clashes after the signing of the NCA. In a clash between the Tatmadaw/BGF and the Democratic Karen Buddhist Army splinter group (-splinter) in Kawkareik Township, Dooplaya District, in August 2016, a teenager was blinded because of shrapnel and four other villagers were injured.96 In another incident on September 9th 2016, fighting broke out between the DKBA-splinter against the Tatmadaw and BGF in Meh Th’Waw area, Hlaingbwe Township, Hpa-an District (Kayin State) As a result, an estimated 6,000 Karen villagers from around 35 villages were displaced (fled) to Myaing Gyi Ngu area and some other villages more nearby. The fighting became calm as of midOctober 2016 and at the end of October 2016, some villagers returned to their villages, but could not work effectively because they continue to be afraid of landmines.97 The placement of new landmines and reluctance to remove landmines is intrinsically linked to the ongoing militarisation in southeast Myanmar. Human rights violations, including extrajudicial killing, continue to be committed in ceasefire areas. Since March 2016, KHRG has received 3 extrajudicial killing cases. In August 2016, a husband and wife were shot and killed in two separate locations on the same night in Paingkyon Township, Hpa-an District, Karen State (Kayin State). Villagers reported they were killed by BGF soldiers under General Hpah Nwee’s command. According to local sources, the people who killed the couple asked the village head to bury the dead bodies. The perpetrators also told the victims’ remaining family members, victims’ relatives and other villagers not to report the killing case and threated to kill all family members if they report the case and if news of the killing case were to spread98. In two separate incidents in Shwegyin Township, Nyaunglebin District, Bago Region (East), an 8 year old girl was held hostage and killed99 and a male villager100 was shot and killed by Tatmadaw soldiers from Light Infantry Battalion [LIB] #589 on 14 May and 18 March 2017, respectively.

Villagers report that the Tatmadaw has been conducting heavy weapons target training on their lands, resulting in crops and rubber plantations being destroyed. 95 Since May 2016, the Tatmadaw entered KNU/KNLA territories several times without prior notice, violating the NCA Code of Conduct. On 4 April 2016, Tatmadaw soldiers entered a KNU controlled area in Kawkareik Township, Dooplaya District, without getting permission from the KNU. Worried that the KNU soldiers were going to shoot them, Tatmadaw soldiers used villagers as human shields, violating International Humanitarian Law. See: http://khrg.org/2017/03/16-57-S1/dooplaya-situation-update-kawkareik-township-and-noh-tkawtownship-april-may-2016 96 http://khrg.org/2016/12/16-79-a2-i1/dooplaya-interview-naw-g-september-2016 97 At least 1 village head was killed and 1 villager was injured when they stepped on landmines in 2 separate incidents in the area where there was fighting. See: http://khrg.org/2016/12/16-7-nb1/recent-fighting-betweennewly-reformed-dkba-and-joint-forces-bgf-and-tatmadaw#ftn1 98 http://khrg.org/2017/07/17-1-nb1/three-separate-killing-incidents-based-witchcraft-suspicion-hpa-an-district 99 On May 14, 2017, an 8 year old girl named Nan P--, was held hostage and killed by a Tatmadaw soldier from LIB #598 at the army camp in A--- village in Shwegyin Township, Nyaunglebin District, Bago Region (East). See: http://khrg.org/2017/09/17-4-nb1/two-separate-killing-incidents-committed-tatmadaw-soldiersshwegyin-township 100 On March 18th 2017, a male villager was shot and killed by Tatmadaw soldiers from Light Infantry Battalion [LIB] #589 at a gold mining site in Shwegyin Township, Nyaunglebin District, Bago Region (East). The leaders of the Tatmadaw and the gold mining company each provided one million kyat [US $736] to the victim’s family as compensation. See: http://khrg.org/2017/09/17-4-nb1/two-separate-killing-incidentscommitted-tatmadaw-soldiers-shwegyin-township 94

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There continue to be IDP camps in ceasefire areas. Since March 2016, many internally displaced persons (IDPs) in Karen State remain. Following armed clashes101 in September 2016 in Meh Th’Waw, Hpapun District, new IDP sites were established in Maing Gyi Nyu Town and surrounding villages. As of February 2018, the majority of these IDPs have not returned to their original homes due to contamination of new landmines and ongoing sporadic clashes.102 In March 2017, over 100 villagers from Ei Thu Hta IDP camp103 in Hpapun District left to permanently relocate to areas in Toungoo (East Bago Region), Nyaunglebin (East Bago) and Hpapun Districts. Many IDPs in Ei Thu Hta camp reeported that the cut in food rations was a major influencing factor in their choice to leave. Other IDP sites throughout Karen State include sites where people remain displaced since Tatmadaw offences on their home villages as early as the 1970s, and remain unable to return to their original homes due to the continued presence of Tatmadaw in their home areas.104 (I) The conditions of Human Trafficking and migrant workers There is a general public assumption that human trafficking cases are reduced from 2016 up to 2018, however the reality is that trafficking of women and girls105 as domestic workers, pleasure women or second wives in China continues, same as for organ transplant and forced work in fishery boats, where the victims also face torture. From media reports, there is a case reported every three weeks. The government of Myanmar, China and Thailand have signed Memorandum of Understanding (MoU)106 to fight against trafficking, yet we face new challenges such as narrow focus at the national level, lack of cooperation and coordination, lack of comprehensive information, lack of meaningful mandate, lack of contacts of the victims as they cross the border without official visa or permit. There is no bilateral agreement between the government of Myanmar and China, which makes it difficult to effectively rescue the victims. There are a number of oversea employment agencies in Myanmar, however, these agencies are not reliable and the government has little control over the business practices of these agencies.

“Recent fighting between newly-reformed DKBA and joint forces of BGF and Tatmadaw soldiers led more than six thousand Karen villagers to flee in Hpa-an District, September 2016,” KHRG, December 2016. 102 “Ongoing fighting, displacement, landmines, porter demands, and child recruitment in Hlaingbwe Township, Hpa-an District, October and November 2017,” KHRG, December 2017. 103 Ei Tu Hta IDP camp was set up in 2006 in Hpapun district. As of early 2017, the camp housed 475 households, totalling 3352 people. The IDPs largely originally fled from Toungoo and Nyaunglebin districts due to the Myanmar government military (Tatmadaw) launching offensives in Karen National Union-controlled areas. IDPs have expressed great concern about the resettlement and return process as there are Tatmadaw and other armed actors present in the area where they were originally from. See, Chapter 7: Displacement and Return in “Foundation of Fear: 25 years of villagers’ voices from southeast Myanmar,” October 2017, KHRG. 104 “IDPs in Lu Thaw Township, Hpapun District urge Tatmadaw to withdraw army camps (May 2017),” KHRG, September 2017 and http://khrg.org/2009/01/cycles-displacement-forced-relocation-and-civilianresponses-nyaunglebin-district 101

105 Human trafficking monitoring documentation by HRDP, 2017, 2017 trafficking in persons report country narrative- Burma, www.state.gov,Retrieved 2017-12-01) 106

COMMIT 4th Sub-Regional Plan of Action (COMMIT SPA-UN ACT), http://un-act.org/publication/view/4th-commit-subregional-plan-of-action/

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Those who are seeking employment have prior knowledge of their destiny and have lower level of education background, which lead them to opting for the cheaper route to get employment.107 These circumstances give human traffickers a clear opportunity. Despite claims by the agencies that they offer the migrant worker prior training, reality is the training and any additional information given to them are not sufficient and there is little service from the government. There is no sufficient vocational training for rural areas, whereas the urban areas are starting to see some offer. When the trafficked victims are rescued and returned back to their homes, they find no substitution for employment. In some areas, the victims remain in the rescue camp for lengthy period of time. Since there is no budget allocation for the anti-human trafficking police force, they cannot conduct proper investigation and arrest the perpetrators108. Human trafficking has severe impacts on women and girls as they are more vulnerable, easily falling into the trap of the traffickers. There is also an increasing case of trafficking of male organs. Since 2005, the Anti-human Trafficking Laws was enacted and the penalty for the perpetrators is a life sentence. In practice, the court would sentence the convicted to only 20 years of imprisonment and some perpetrators faced shorter than 20 years sentence, which enabled them to continue this crime. The ring of human trafficking is worldwide and the nature of this organized crime is widespread and systematic. Therefore, the efforts need to be strengthened by equipping the police force better and cooperation with the international police agency. The definition of migrant worker is someone seeking employment in foreign countries where she/he is alien. There are two types of migrant workers- legal and illegal migrant workers. The legal migrant workers have valid work permit. However, everyone has the right to work outside of his/her country and the right to obtain the necessary legal document. In Myanmar, the government has attempted to legalize the situation of domestic workers. However, it is not effective as the current laws allow only 10 migrant workers to go to Singapore per week. 109 The demand and supply are much higher; therefore, the domestic workers fall in the prey for human traffickers. When workers are working as domestic workers, it is not considered as skill labor, thus there are no laws to protect them. Many domestic workers face abuses and other denial of rights because of lack of the protection. There have been suicide cases of domestic workers in February 2018 twice.110 Given the unprotected nature of the domestic workers, the government needs to provide easily accessible information and policies to protect them by opening different centers. Since accurate information and prior preparation is key for migrant workers, the government should cooperate with Ministry of Labor, civil society organizations, 107 108

Interview with the victims of human trafficking issue by HRDP, 2016 Human Trafficking Monitoring Documentation by HRDP and FLC, 2017

Time is up: protect the Myanmar domestic workers in overseas, The Voice of America (VOA), 10 March 2018, https://burmese.voanews.com/a/women-program-2018-international-women-daymyanmar-maids-in-singapore/4288288.html 110 BIT 109

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International Labor Organization (ILO) and International Organization of Migration (IOM) by setting up migrant resorts center in different rural areas.111 The pre-departure training (PDT) is essential for migrant workers and the rights of migrant workers, health services available, policies, and cultural practices and remittance channel to send money back home. At the movement, the PDT centers are available in Yangon and Mandalay and it need to extend. Since most of the migrant workers are seasonal workers and thus the mobilization is difficult, the relevant authorities need to be diligent in documenting the migrant workers as their agencies often exploit the workers due to their unstable job condition and movement. 112 Among the many problems, the migrant children have challenges to continue their education and national identity and also official recognition of their education. This can be addressed if the women migrant workers can access to the relevant embassies and register whenever they give birth. In doing, this needs to be nondiscriminatory practices. (J) Sexual violence in armed conflict areas and non-conflict areas The military government has been alleged of using rape as a weapon of war by a number of women’s organizations that are based on first-hand documentations in ethnic states where armed conflicts have rooted for decades. The incidents of rape cases are widespread from all ethnic areas such as Karen, Kachin, Shan, Chin and Mon and recently in Rakhine State. The responses by the military are similar pattern from one place to another- which is nullifying of the cases or covering up the cases or informing the victims that the perpetrators have been removed from the current post to another place instead of court trails.113 Despite the widespread rape documented in armed conflict situation over a decade, there are no significant changes to address the problem either in civilian courts or courtmartials. The rape incidents perpetrated by the government army soldiers can be ruled out only at court-martials as pertained in article 20 (b) of the 2008 Constitution114. Between 2010-2015, the Burmese military had committed sexual violence in Kachin, Shan and Karen States in 92 documented cases according to the Women’s League of Burma’s report, “Long Way To Go”.115 In some cases, the authorities took legal action against the perpetrators and compensated the victims.

111

Safe From The Start, Mekhong Migration Network, July 2017, pg-54,

http://www.mekongmigration.org/?p=5875 Internal analysis by The Future Light community based organization focusing on migrant workers Same impunity, Same Pattern, Women’s League of Burma, 2014, p 16 114 Article 20 (b), 2008 Constitution, The Republic of Union of Myanmar 115 “LONG WAY TO GO”: Continuing Violations of Human Rights and Discrimination Agaisnt ethnic women in Burma, CEDAW Shadow Report, July 2016, the Women’s League of Burma, Pg.63 112 113

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Below are some recent examples of sexual violence in armed conflict areas perpetrate by the Burmese military. The testimonies of the rape survivors are documented by WLB’s member organizations as below: 

On 13th October 2016, a Burmese soldier (whose face was covered) came to my house and hid behind my house door. I thought it was thief so I tried to catch him. He held back my hands and I struggled with him. I shouted to my sister and brother in law for help. That soldier heard my neighbor, Ms. Hkawn, (not real name) shouting, and he ran away. I wanted to catch him, but my child was crying so I did not have chance. I went to Ms. Hkawn’s house. From her house Ms. Hkawn, Ms. Lu (not real name), and I went to Mr. Ah Wu (village leader). And Mr. Ah Wu went to army tell to the general about my case. The general ordered the soldiers to stand in front of me and asked me to identify the soldier by his face. But the soldier had covered his face while he a tempted to rape, so I did not know which one. Since I cannot show that solider face general said he could not do anything for that. He apologized to me and he said he would take care his soldiers not to happen like this again. I had to come back home.116.



Another example, on 24th November 2017, at 2 PM, three soldiers from Liberation Infantry Battalion (364) located in Lashio raped 4 women at the village. One of the witnesses said people saw three soldiers go into the three houses while villagers were killing a pig- a very common practice in a village for ceremony; however, no one dared to go inside the victims’ houses. One of the village men wanted to stop the three soldiers but other villagers stopped the villager. One of the victims escaped from the house and shouted loudly to her husband who was with other villagers where they killed the pig. One of the teachers who live inside the village said “the victims are scared that this incidents be made known to public. Therefore the soldiers gave her five thousands kyat and a bunch of flower not to tell these incidents”. Even though interviewers tried to interview the victims to confirm the case, they do not allow interviewing because of their security concern.117



Another case was on 1 February 2018, Kyaukme district of Shan State, Mine Lone Township, Pan Htan Village, at 12:30pm, Lway Aye (fake name) was raped by the a member of Infantry Battalion (148) at her house. Her brother said he saw a soldier who went to his house and raping his sister. While he was yelling to the solider “what are you doing”, the soldier pointed out his gun to him. The victim brother went to the security guard at the top of Pagoda Mountain and complained about this. The general of the Infantry battalion (148) said this destroyed the dignity of their Infantry Battalion and slap his soldier’s face 10 times as punishment. The victim’s brother asked 300,000 kyat to the camp commander but he gave only 200,000 kyat for fine. The general also said “We will make sure this case will not happen again. We do not want you to bring this issue to the court and we want to end this issue here.” After three days, The Infantry (148) left the village. The Infantry (148) usually go around near the Pan Tan Village.118

Kachin Women Association Thailand documentation Ta’ang Women’s Organization documentation 118 Ta’ang Women’s Organization documentation 116 117

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Sexual violence against women and girls by non-official security personnel Most of the survivors are not aware of the legal procedures to report the cases. The cases were reported to the village authorities or section authorities in bigger towns and urban areas. Once, the section/village authorities are made aware of the situation, depending on the will of those authorities, the cases are reported to the women’s organizations. The women’s organizations document their first-hand information and report to the cases. The period between reporting the women’s groups and the actual incidents vary from one place to another. Some cases, it takes few days, some cases, it takes months. Since the incidents took places in remote places in rural areas or places where there is no proper hospitals, the survivors face difficulty to go to doctors. Often, the doctors who examine the wounds are not well trained to consider the circumstance of the rape incidents. In many cases, the survivors go to the hospital weeks after the rape incidents. When the survivors do not document the cases on time or acquire the medical record, the survivors bear the blame.119 Once the court procedures begin to review the cases and the legal penalty against the perpetrators are minimum such as five to seven years imprisonment. Some cases are now pending in the court. This has negative consequences, as the perpetrators do not see rape is a serious criminal offence. The perpetrators feel their crimes will not bring severe legal penalty. In some areas, the police are collaborating with the women’s groups in filing the cases or arresting the perpetrators, however, largely the police are not active enough to respond the cases, this leads to public distrust in the legal protection mechanism. Worst yet, the women’s groups who provide services to the survivors are under constant threat by the perpetrators. Since the imprisonment is only 5-7 years, the perpetrators often swear that they would go after those service providers once they are released from prisons. And the survivors themselves are too scared to remain their villages or communities in fear of repercussion once the perpetrators are out of prisons120. Among many cases that happened between 2016 and 2017, the following cases were documented by WLB’s member organizations, which were perpetrated by civilians. 

119 120

For example: a 17-year-old girl was violently raped by her teacher in Putao Township, Kachin State. When the girl tried to obtain medical treatment as a result of the attack, she was told that it would not be provided unless a police report was filed. As the girl and her family were preparing go to the police, the district level educational officer, who was concerned that the allegations would create a negative image for the school, approached them. They pressured the girl to accept a settlement of 45, 000, 000 kyat not to go to the police. The girl did not want to accept the offer, but her parents agreed to the settlement for fear of the stigma

Evaluation Report: An internal report, December 2016, for Women’s League of Burma, BIT

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they might face. The teacher was subsequently moved to a school in another township in order to conceal the news about him.121 

Another case happen in November 2017, a fourteen-year-old girl was raped by a prominent monk in Dawei, who lured her into his bedroom at the monastery while her family was there to volunteer. Threatened not to tell anyone, the girl did not reveal the rape to her family until she collapsed the next day from excessive bleeding from her vagina. While the girl was being treated at the hospital, the perpetrator came and took the girl away when her parents had left to get food. The police investigated, and eventually found the girl and arrested the perpetrator. Despite the strong evidence against the monk, the girl and her family received significant pressure from the monk’s supporters in the community to discontinue legal proceedings because the monk was perceived as representing the Buddha. Although the monk was ultimately convicted of this crime, the girl has been unable to return to their village due to hostile attitudes, and her education has thus been interrupted throughout proceedings.122



Another case, a grandmother came home and found her neighbor in Eastern Yangon had raped her granddaughter. The grandmother went to the police to report the crime, but the officer threatened that they could be criminally charged for making false statements if there was no evidence of the rape. Subsequently the grandmother learned that the neighbour’s family had already paid the police not to accept their complaint. As a result, the grandmother and her granddaughter fled the township out of fear of further repercussions123.



Last case, a man from her village in Rakhine State raped a fourteen years old girl. The attack was reported to the police, who investigated and arrested the perpetrator. The girl underwent a medical examination, which provide evidence of recent sexual trauma. The girl and her mother pursued legal action, despite attacks and threats to their lives from the perpetrator and his supporters. The judge ultimately acquitted the perpetrator, however the survivor’s family was not informed of this decision until they encountered the perpetrator again in the village. There are strong suspicions that the perpetrator’s lawyer had paid the judge to render this decision in his client’s favor.124

Impunity Victims and survivors of sexual violence face different layers of barriers in seeking justice. For example, intimidation, threats by the perpetrators and their supporters or sometimes often perpetrator does not show up, cost of attending court hearings, language barrier, corruption allowing the survivor to be “counter-sued”, unreliability of the justice system

“Girls Bear The Shame” Briefing paper of Women’s League of Burma, pg. 7 “Girls Bear The Shame” Briefing paper of Women’s League of Burma, pg. 6 123 “Girls Bear The Shame” Briefing paper of Women’s league of Burma, pg. 9 124 “Girls Bear The Shame” Briefing paper of Women’s League of Burma, p. 10 121 122

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(court closed when plaintiffs arrived, told to come back another day), witnesses dare not testify due to threats, travel costs and other social-political-economic problems. Particularly, in cases where individuals from the military are the alleged perpetrator, survivors cannot bring the case to the civil court and most of the survivor did not get access to the justice particularly in the areas of arm conflict. Within internal judicial systems of security forces such as police department, officials and supervisors are not willing to support the survivors. On the other hand, the 2008 Constitution institutionalizes impunity by providing for military control over its won judicial processes, especially by making the decision of the Commander-in-Chief of the Defense Services “final and conclusive”, thus allowing the Commander-in-Chief to arbitrarily overturn any verdict. As a result of this constitutionalized impunity, acts of gender-based violence committed by State actors very rarely end up in civilian courts. In theory, section 72 of the 1959 Defense Services Act allows for military personnel to be tried in civilian courts in case of murder, homicide and/or rape.125 The current court system in Myanmar does not provide a place to seek justice and truth. Therefore, it makes victims giving up hope and inspiration and a strong will to find justice. (K) Minority groups: Sexual Orientation and Gender Identity and Expression (SOGIE) Lesbian, gay, bisexual and transgender (LGBT) persons in Myanmar face legal challenges and discrimination not experienced by non-LGBT residents. Despite some timid progresses observed by civil society, entrenched homophobic social attitudes and unrestrained police authority to arbitrarily arrest and detain LGBT people are still significant. Stereotyping and marginalization of the collective is still notable and domestic laws play against LGBT members’ inclusion in society. A remnant of British colonization, section 377 of the Penal Code implicitly prohibits homosexual behavior throughout Myanmar. Section 377 is an active law criminalizing “sodomy” (understood as “carnal intercourse against the order of nature”) and it is understood to be a prohibition against homosexuality.126 Other domestic laws impact negatively the lives of LGBT people in Myanmar. The police is able to target LGBT individuals by using vaguely defined and broadly formulated laws, such as the 1899 Rangoon Police Act, the 1945 Police Act and the Criminal Procedure Code. These bodies contain numerous provisions which makes arresting, jailing and extorting gay and transgender individuals extremely easy. Some positive measures have been taken. Picking up on discussions undertaken by youth groups and UN Agencies since 2013, the NLD Government initiated in 2016 the development of the first ever Myanmar National Youth Policy in collaboration with a wide variety of stakeholders. Youth groups and CSOs ensured the inclusion of LGBT perspectives throughout the process.127 On 5 January 2018, the National Youth Policy128 “Girls Bear The Shame” Briefing paper of Women’s League of Burma, p. 2 Text of the law is available at http://www.burmalibrary.org/show.php?cat=1860 127 Myanmar National Youth Policy, 2018, Pg: 9, 10, 12, 26 125 126

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was launched, becoming the first ever national policy that recognizes Lesbian, Guy, Bisexual, Transgender (LGBT) people. However, multiple forms of discrimination and violence against LGBT continue, worsened by low levels of understanding of general human rights and LGBT rights. Little awareness exists on legal/justice procedures, and this is observed across the board from multiple associated law enforcement parties. It is observed by LGBT groups that younger and inexperienced law enforcement officers are responsible for most of the abuse and they lack of willingness and awareness to adhere to the law. Colors Rainbow, a leading LGBTI group in Myanmar, documented (315) cases of discrimination and violence against LGBT people in 2016 and (277) cases in 2017.129 Majority of the victims were transgender women charged under Police Act 30(d). At the same time, Section 377 of the Myanmar Penal Code continues to go against progressive ideals of acceptance and accommodation of individual’s perceived gender identities.130 On 2 Feb 2018, a 20-year-old gay individual and three friends in Pakokku in Magway Region were arrested while they were socializing in their neighborhood by police officers in uniforms. They were brought to Pakokku Township police station and beaten up until they could barely move. There were not allowed to contact their families and were forced to admit guilt under Police Act 30 (d) on 5 Feb 2018. They were sentenced for 1-month imprisonment on the same day and had to serve the punishment in full. They were released on 5 March 2018. 131 In Dawei, Thanintharyi Region, a 25-year-old transgender woman disappeared on the evening of 8 Oct 2017, and her body was found at the backyard of Dawei Parliament on 3 Nov 2017. The local police station has failed to pay any attention to this case yet. Article 30(d) remains vague and easy to stretch to apply to passive and frightened poor and vulnerable individuals including LGBT. Rule of law for the LGBT community remains a big concern due to the criminalization of homosexuality in Myanmar.132

IV. Conclusions The promotion and protection of human rights must be embedded into the economic growth of the country, overall social development for the whole society, harmony and peaceful co-existence and fostering democratic culture. Although basic notions of equality and non-discrimination are in the mind of Myanmar people, customs and practices applying human rights principles in complying with international human rights norms and standards is still very weak. General understanding https://drive.google.com/file/d/1ztQtunpWMwH_LGRetZSKgHBHWDvQpBtX/view http://www.globalnewlightofmyanmar.com/myanmar-youth-policy-released/ 129 Internal documentation by Colors Rainbow, 2016 and 2017 130 Baseline Assessment Report on Promotion of Human Rights and Rule of Law for LGBT Community in Yangon, 2018, Colors Rainbow 131 Internal documentation by LGBT Rights Network, 2018 132 Internal documentation by Colors Rainbow, January 2018 128

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of human rights and what they entail is very limited among both right holders and duty bearers. Most Myanmar citizens remain largely unaware of the rights afforded to them under domestic and international law, which in turns allows the authorities to abuse human rights on a widespread and systematic scale. This report sets out some concrete steps, which is hoped the governments will note and implement. In doing so, the international agencies, the national CSOs and CBOs are ready to supplement and support the initiatives of the government by cooperating, monitoring and providing technical advice and services.

V. Recommendations (A) Freedom of Expression, Freedom of Assembly and Press Freedom 1) Reject the amendments to the Peaceful Assembly and Peaceful Procession Law being discussed in the Union Parliament and withdraw any administrative instructions curtailing the right to freedom of assembly and association. 2) Amend or repeal all laws or provisions within laws being used to unfairly target the people of Myanmar, including but not limited to the Telecommunications Law, News Media Law, Printing and Publication Law and Peaceful Assembly and Peaceful Procession Law to bring them into line with international human rights standards. 3) Ensure that civil society, the general public and legal experts are consulted in the legislative process. 4) The Right to Information Law, which is in the process of being drafted by the Ministry of Information and some CSOs, must ensure the independence of the Information Council and overrule other laws restricting freedom of expression and access to public information. This law drafting process should continue in consultation with CSOs. 5) The Government must free FOE prisoners and journalists who are facing trails after being charged under the Telecommunications Law (66-D), Unlawful Association Law, and Official Secrets Acts, Peaceful Assembly and Peaceful Procession Law and any other restrictive laws used against individuals with the objective of suppressing freedom of expression. 6) Review the policy of state owned media and close at-the-State-disposal media outlets, including military owned media outlets under the Defense Ministry and Information Ministry.

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7) Develop digital policy for digital rights and digital literacy through public awareness and monitor hate/ dangerous speeches and other information inciting hatred, defamation, violence etc. (B) Status of ratifications and cooperation with UN Human Rights mechanisms

1) Accede to ratify the International Covenant on Civil and Political Rights (ICCPR), following recommendations accepted by the Government of Myanmar during the 2nd Cycle of the UPR Review. 2) Accede to ratify the Convention against Torture (CAT), following recommendations accepted by the Government of Myanmar during the 2nd Cycle of the UPR Review. 3) Ratify the Optional Protocols of CEDAW and CRC as recommended by CEDAW Committee and following accepted recommendations from the 2nd Cycle of the UPR Review. 4) To revoke its reservations of Article 29 of CEDAW and ratify without delay. 5) Cooperate fully with United Nations Human Rights Bodies and Instruments, and in particular re-grant access to as well as resume full cooperation with the Special Rapporteur on the situation of human rights in Myanmar. (C) Ethnic and Religious minorities issues focusing on Freedom of Religion or Belief 1) Take all necessary measures to prevent the destruction of worship places and religious sites as accepted during 2nd Cycle of UPR and apply the historical heritage law equally to holy places of all religions. 2) Eliminate all forms of restrictions, officially or arbitrarily imposed, on Christian and Muslim religious practices both in worship places and at homes. 3) Set up a civic education curriculum at schools, starting from primary education, to promote inter-religious understanding and tolerance. 4) Provide fair compensation and grant permission to renovate and rebuild any religious sites/buildings/worship-places destroyed by state actors, private sectors and/or communal conflicts. 5) Issue Citizen Cards (National Identification Card) to every citizen without delay and without any discrimination based on ethnicity, race, gender, religion and/or other social status.

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6) Repeal or review the 1982 Citizenship Law in accordance to human rights international law, as recommended during 2nd Cycle of UPR review. 7) Amend the four race and religion protection laws of 2015 including the removal of provisions undermining the rights of women, children and religious minorities; (D) Access to Justice 1) Provide independent and professional translation services for court hearings, pretrial proceedings, and other court activities to court users who may not speak the Myanmar language and allocate sign language services for people with disabilities. 2) Establish one-stop shop justice centers to provide information and assessment on a variety of legal and social services including how to initiate a case, bail procedures and referrals to relevant service providers. 3) Allow assistance of counsel at earliest stages of a case, including during the first 24 hours of police interrogation, being this information provided to the accused. 4) Enforce section 465 of the Court Manual, to avoid lengthy delays in court hearing and train judges to adhere to the Court Manual efficiently. 5) Allow regular, transparent, and independent monitoring of court proceedings by individuals trained in domestic and international fair trial standards. (E) Anti-Corruption and Rule of Law 1) Ensure legal protection of whistle blowers exposing corruption practices and uphold such protection mechanisms in the Anti-Corruption Law. 2) Ensure the independence of the Anti-Corruption Commission (ACC) as well as enough decision-making power/mandate to be able to initiative investigations and activities on its own. Members of ACC should be elected based on their integrity and expertise in different areas related to fights against corruption. 3) Set up ACC branch offices in all states and regions and disseminate its complaint mechanisms to make sure public is aware of them. 4) Recognize and accredit independent Watch Dog by independent CSOs or individuals or media organizations across the country. 5) The Government and ACC should raise awareness about their involvement in UNCAC and allow a broader participation of the people and CSOs. (F) Child Protection Measures: Child law amendment process and CSO’s engagement Child law:

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1) Set a clear timeline to amend the 1993 Child Law, in order to expedite the legislative process and ensure it comes in full force the earliest for the best interest of children. 2) Ensure the Child Law incorporates and is consistent with all principles and provisions of the Convention on the Rights of the Child and its optional protocols. 3) Encourage the parliament to create spaces for public hearing on new child rights bill debate and integrate the inputs from CSOs into the new bill. Child soldiers: 4) Promote public awareness on prevention of underage recruitment and monitoring and reporting mechanism (MRM) with the collaboration of relevant stakeholders. 5) Promote accountability mechanisms and prosecution for those involved in recruitment of children into army. 6) Initiate DDR process for child soldiers who are serving in non-state armed organizations as agreed at the Nation-wide Ceasefire Agreement (NCA). Sexual violence against children: 7) Disseminate reporting procedures and legal penalty awareness of sexual violence against minors among the responsible government ministries and public through public education and campaigns. 8) Carry out a nation-wide study on the root causes of sexual violence against minors and find the preventive measures. 9) Take effective and timely action against perpetrators through better coordinated efforts among responsible governmental departments such as health, police, courts/judges and social welfare. Birth registration 10) Conduct frequent, effective, large-scale awareness-raising campaigns on birth registration in collaboration with responsible government officials in all those locations with low rate of birth registration and, in particular, remote and border areas; 11) Ensure birth registration is totally free of charge for all children in all locations and under any circumstances, including migrant children, refugee children and IDP children. Corporal punishment

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12) Develop and enforce policies and operational provisions prohibiting corporal punishment in schools, homes, workplaces and any other setting, with a focus on effective complaint mechanisms. 13) Conduct awareness-raising campaigns on corporal punishment prevention and promotion of positive discipline among government agencies, local authorities, communities and schools, especially in remote and border areas (G) Gender equality 1) Ensure the NSPAW is operationalized and fully implemented at all levels, with a budget and effective monitoring and evaluation mechanisms. Ensure that at least 5% of the national budget is allocated as a gender budget to support the implementation of NSPAW. 2) Establish independent and effective high-level mechanisms for a full integration of gender and women’s issues into all ministries such as a National Women’s Commission or Gender Equality Commission or a female Gender Adviser to the President’s Office. 3) Address inequalities in political representation, decision-making authority, economic and leadership opportunities by awareness-raising campaign, training for government officials, developing gender-sensitive policies and temporary special measurement such as quotas. 4) Accelerate implementation of a fortified, comprehensive Prevention of and Protection from Violence against Women Law (PoVAW) in line with international human rights standards. The law must contain a comprehensive definition of gender-based discrimination, rape, a definition of women in line with the CEDAW principles, protection from harmful traditional practices, recognition of and protections from marital rape, availability of urgent Protection Orders and longterm rehabilitation services for providers. The PoVaw Law provision should include; investigation should be applied to both the offenders and victims equally, avoid the repeating court hearing from the victims during trail process, proof of evidence of the crimes should apply to not only the victims but also the offenders/ perpetrators. 5) Fund and develop initiatives for women who experience abuse such as crisis shelters linked to well-trained and supported police, health care workers, legal service providers and social workers. 6) Repeal the laws that are restrictive of women’s human rights such as Protection of Race and Religion Laws, and discriminatory clauses pertained in 2008 Constitution. (H) Peace Process and Armed Conflicts in Burma/ Myanmar

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1) Include a meaningful participation of civil society organizations (CSOs) in peace process by allocating seats for CSO delegates at Union Peace Conference and integrate their inputs into the ongoing political dialogues. 2) In series of political dialogues, an examination of systematic human rights violations committed by both the state army and Ethnic Armed Organizations (EAOs), soldiers in the past and present must be included and ensure reparations based on consultation with victims. 3) End impunity for human rights violations by undertaking independent, transparent and impartial investigations into allegations of abuses and hearing cases against government soldiers in civilian courts. And an inspired union peace accord should address and guarantee that impunity not to be repeated in the future. 4) Ensure a peace process that is stable by withdrawing troops of the state army and Border Guard Force (BGF) from civilian populations and immediately cease the confiscation of land in Cease Fire areas. 5) Revoke oppressive laws such as Unlawful Association Law that are used against civilians, journalists and humanitarian workers in the present conflicts areas and cease-fire areas. 6) The Myanmar government, Tatmadaw, BGF and EAOs should agree to and enforce a comprehensive ban on the new use of landmines in Cease-Fire and Non CeaseFire areas and hold meaningful consultations with all relevant actors before starting systematic demining efforts. (I) The conditions of Human Trafficking and migrant workers 1) Take effective legal actions against perpetrators of human trafficking and ensure the perpetrators at all levels of organized crime operations are brought to court also providing sufficient compensation for victims of human trafficking. 2) Abolish the 2005 Anti-Human Trafficking Laws and enact the new laws on Antihuman trafficking in consultations with CSOs and other stakeholders. During the implementation of the new laws, the government should collaborate with CSOs and other stakeholders. 3) Strengthen complaint mechanisms within Myanmar and overseas embassies/consular of Myanmar to deal with cases effectively. Complaint mechanisms must be accessible to all, regardless of circumstances and legal status. 4) Protect the rights of migrant workers through negotiations with countries of destination and by developing comprehensive Memorandum of Understandings (MoUs) and ensure equal opportunity for all the labor official posts, especially the

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post of labor attache and to promote the selection of female officials, especially female labor attaches. 5) Ratify International Convention of protection of the rights of all migrant workers and members of their families (ICMW). 143.5

6) Enact domestic workers laws that recognizes domestic workers as skilled labours within domestic and provide legal protection. Also, to lift the ban on migration of domestic workers overseas and to protect domestic workers who are currently working abroad in close coordination with the government of destination countries. (J) Sexual violence in armed conflict areas and non-conflict areas 1) Reform clauses from 2008 Constitution that allows impunity for the military personnel who commit crimes including sexual violence against women, particularly in conflict-areas and 2) Ensure that cases are brought to civil courts with full transparency and without interference from military institutions. 3) Implement commitments made under the Declaration of Commitment to End Sexual Violence in Conflict ratified by the government of Myanmar in 2014 and allow an independent international investigation into crimes of sexual violence committed in conflict, ensuring legal penalties against the perpetrators irrespective of their institutional affiliation, and provide reparation to survivors and victims’ families. 4) Reform legal systems and laws align with international laws such as United Nation Security Council Resolution 1325 and 1820, the Convention on the Elimination of all forms of Discrimination against Women’s (CEDAW). 5) Quota systems at least 30 % must be applied to all levels of the executive branches of the government, the legislative body and other decisions making bodies and political parties must apply voluntary quota system of at least 30 % for candidate selections for elections and its Central Committee. (K) Minorities groups: Sexual Orientation and Gender Identity and Expression (SOGIE) 1) Amend Myanmar Penal Code section 375 to ensure inclusion of same-sex rape and repeal 377 to decriminalize homosexuality. 2) Provide awareness ‐ raising programs/campaigns on issues related to discriminatory norms and practices based on sexual orientation, gender identity

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and gender expression targeting law enforcement officials, public servants and in education institutions, workplaces and other social institutions. 3) Stop the abuse of the Myanmar’s 1945 Police Act, to intimidate, humiliate, persecute and violate the fundamental rights of LGBTI (lesbian, gay, bisexual, transgender, intersexual) individuals and ensure effective legal action against the perpetrators by collaborating with CSOs. 4) Strengthen protection mechanism for human rights violations against LGBTI individuals without delay as well as effective legal and social support. 5) Provide quality healthcare services such as sexual and reproductive health and mental health services to LGBTI individuals who are traumatized/stigmatized by families and community members based on their sexual orientation. In providing these healthcare services, the service providers much be trained on gender sensitivity.

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VI. Appendix I - UPR 2nd Cycle Recommendation chart Thematic issues reported in UPR 2nd Cycle Mid-term

Recommendations accepted during 2nd Cycle UPR Review

Protect and promote Human

(A) Freedom of Expression, Freedom of Assembly and Press Freedom

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 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 144.82: Ensure the protection of human rights defenders 144.83: Create and maintain a safe and enabling environment for civil society, human rights defenders and journalists 143.98: Work to ensure that freedom of opinion and expression are protected 143.99: Further ensure that those who legitimately exercise their rights to freedom of expression and peaceful assembly be not subject to reprisals

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CSOs recommendations for UPR 2nd Cycle Midterm Reject the amendments to the Peaceful Assembly and Peaceful Procession Law being discussed in the Union Parliament and withdraw any administrative instructions curtailing the right to freedom of assembly and association. Amend or repeal all laws or provisions within laws being used to unfairly target the people of Myanmar, including but not limited to the Telecommunications Law, News Media Law, Printing and Publication Law and Peaceful Assembly and Peaceful Procession Law to bring them into line with international human rights standards. Ensure that civil society, the general public and legal experts are consulted in the legislative process. The Right to Information Law, which is in the process of being drafted by the Ministry of Information and some CSOs, must ensure the independence of the Information Council and overrule other laws restricting freedom of expression and access to public information. This law drafting process should continue in consultation with CSOs. The Government must free FOE prisoners and journalists who are facing trails after being charged under the Telecommunications Law (66-D), Unlawful Association Law, and Official Secrets Acts, Peaceful Assembly

and Peaceful Procession Law and any other restrictive laws used against individuals with the objective of suppressing freedom of expression. Review the policy of state owned media and close at-the-State-disposal media outlets, including military owned media outlets under the Defense Ministry and Information Ministry. Develop digital policy for digital rights and digital literacy through public awareness and monitor hate/ dangerous speeches and other information inciting hatred, defamation, violence etc.

(B) Status of ratifications and cooperation with UN Human Rights mechanisms

144.1: Ratify the core international human rights instruments 144.2: Accede to and implement all core human rights treaties 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 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 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 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 144.7: Ratify the International Covenant on Civil and Political

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Accede to ratify the International Covenant on Civil and Political Rights (ICCPR), following recommendations accepted by the Government of Myanmar during the 2nd Cycle of the UPR Review. Accede to ratify the Convention against Torture (CAT), following recommendations accepted by the Government of Myanmar during the 2nd Cycle of the UPR Review. Ratify the Optional Protocols of CEDAW and CRC as recommended by CEDAW Committee and following accepted recommendations from the 2nd Cycle of the UPR Review. To revoke its reservations of Article 29 of CEDAW and ratify without delay. Cooperate fully with United Nations Human Rights Bodies and Instruments, and in particular re-grant access to as well as resume full cooperation with the Special Rapporteur on the situation of human rights in Myanmar.

Rights 144.7b: Ratify the International Covenant on Civil and Political Rights 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 144.9: Ratify the International Covenant on Civil and Political Rights and its optional protocols 144.10: Ratify the International Covenant on Civil and Political Rights and its two optional protocols 144.10b: Ratify the International Covenant on Civil and Political Rights and its two optional protocols 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 144.12: Sign and ratify the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights 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 144.14: Ratify the International Covenant on Economic, Social and Cultural Rights and its Optional Protocol 144.15: Ratify the International Convention on the Elimination of All Forms of Racial Discrimination and the International Covenant on Civil and Political Rights 144.15b: Ratify the International Convention on the Elimination of All Forms of Racial Discrimination and the International Covenant on Civil and Political Rights 144.16: Ratify the International Convention on the Elimination of All Forms of Racial Discrimination

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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 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 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 144.20: Ratify the International Covenant on Civil and Political Rights and the Convention against Torture 144.21: Ratify the International Covenant on Civil and Political Rights and the Convention against Torture 144.22: Ratify the Convention against Torture and the International Covenant on Civil and Political Rights 144.23: Ratify the Convention against Torture 144.23b: Ratify the Convention against Torture 144.24: Ratify the Convention against Torture, as previously recommended 144.25: Ratify the Convention against Torture and its Optional Protocol 144.26: Ratify the Convention against Torture, and subsequently ensure the adoption of provisions that expressly prohibit torture in police settings 144.27: Ratify the Convention against Torture and the International Convention for the Protection of All Persons from Enforced Disappearance 143.64 Consider abolishing de jure the death penalty 143.50: Engage closely with the United Nations human rights

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system, including treaty bodies and special procedures mandate holders 143.51: Continue to cooperate with human rights mechanisms, including the special rapporteur on Myanmar 143.52: Ensure ongoing cooperation with the special rapporteur for Myanmar of the Human Rights Council and with other Special Procedures 143.1: Continue its work in acceding to the core human rights conventions 143.2: Consider ratifying the human rights treaties it has not yet ratified 143.3: Consider the ratification of the main international human rights instruments to which it is not yet a State Party 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 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 143.7: Consider ratifying the International Covenant on Civil and Political Rights 143.8: Ratify the International Covenant on Economic, Social and Cultural Rights 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 143.10: Sign the Convention against Torture

(C) Ethnic and Religious 143.88: Ensure the protection of human rights for all, including

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Take all necessary measures to prevent the destruction of worship places

minorities issues focusing on Freedom of Religion or Belief

(D) Access to Justice

freedom of religion or belief, expression, association and peaceful assembly and the right to participate in public and political life 143.89: Spread the culture of human rights and strengthen religious and faith tolerance 143.90: Intensify efforts in actively promoting inter-ethnic, inter-faith and communal understanding and harmony 143.91: Achieve tolerance and peaceful existence in all parts of society by promoting interfaith and intercommunal dialogue 143.92: Continue efforts to preserve national, cultural and religious diversity so as to promote harmony among ethnic groups and religions 143.93: Make sincere efforts to build up levels of confidence and reconciliation among religious groups through dialogue between religious leaders 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 143.95: Prevent the destruction of places of worship and cemeteries 143.96: Make every effort to guarantee the right to religious conversion and to respect the freedom of religion, in particular, enabling religious practice 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 144.55: Develop a simplified, effective birth registration system through which all can access a birth certificate, including a complaints handling mechanism 144.73: Guarantee in law and in practice that lawyers and judges can perform their professional functions without

46

and religious sites as accepted during 2nd Cycle of UPR and apply the historical heritage law equally to holy places of all religions. Eliminate all forms of restrictions, officially or arbitrarily imposed, on Christian and Muslim religious practices both in worship places and at homes. Set up a civic education curriculum at schools, starting from primary education, to promote inter-religious understanding and tolerance. Provide fair compensation and grant permission to renovate and rebuild any religious sites/buildings/worship-places destroyed by state actors, private sectors and/or communal conflicts. Issue Citizen Cards (National Identification Card) to every citizen without delay and without any discrimination based on ethnicity, race, gender, religion and/or other social status. Repeal or review the 1982 Citizenship Law in accordance to human rights international law, as recommended during 2nd Cycle of UPR review. Amend the four race and religion protection laws of 2015 including the removal of provisions undermining the rights of women, children and religious minorities

Provide independent and professional translation services for court hearings, pre-trial proceedings, and other court activities to court users who may not speak the Myanmar language and allocate sign language services for people with disabilities.

improper interference and legally form and join self-governing professional associations 144.74: Define professional legal standards and disciplinary procedures in conformity with the Basic Principles on the Role of Lawyers 144.75: Amend the Bar Council Act in order to allow for the Bar Council to become a truly independent and self-governing association 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 144.77: Raise the age of criminal responsibility to international standards

(E) Anti-Corruption and Rule of Law

143.84: Address effectively the issue of corruption 143.85: Accelerate reforms with the aim to guarantee good governance and more vigorously address the issue of corruption 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

Establish one-stop shop justice centers to provide information and assessment on a variety of legal and social services including how to initiate a case, bail procedures and referrals to relevant service providers. Allow assistance of counsel at earliest stages of a case, including during the first 24 hours of police interrogation, being this information provided to the accused. Enforce section 465 of the Court Manual, to avoid lengthy delays in court hearing and train judges to adhere to the Court Manual efficiently. Allow regular, transparent, and independent monitoring of court proceedings by individuals trained in domestic and international fair trial standards.

Ensure legal protection of whistle blowers exposing corruption practices and uphold such protection mechanisms in the Anti-Corruption Law. Ensure the independence of the Anti-Corruption Commission (ACC) as well as enough decision-making power/mandate to be able to initiative investigations and activities on its own. Members of ACC should be elected based on their integrity and expertise in different areas related to fights against corruption. Set up ACC branch offices in all states and regions and disseminate its complaint mechanisms to make sure public is aware of them. Recognize and accredit independent Watch Dog by independent CSOs or individuals or media organizations across the country. The Government and ACC should raise awareness about their

47

involvement in UNCAC and allow a broader participation of the people and CSOs. The Government and ACC should raise awareness about their involvement in UNCAC and allow a broader participation of the people and CSOs.

(F) Child Protection Measures: Child law amendment process and 143.3: Review legislation in order to raise the minimum age of CSO’s engagement criminal responsibility in line with international standards 143.72: Adopt measures to end the recruitment and participation of children in military activities 143.73: Continue to implement policies to ensure full protection of civilians, particularly children, in zones of armed conflict 143.11: Ratify the Optional Protocol on the involvement of children in armed conflict 143.11b: Ratify the Optional Protocol on the involvement of children in armed conflict 143.12: Ratify the Optional Protocol on the involvement of children in armed conflict 143.13: Consider the possibility of ratifying the Optional Protocol on the involvement of children in armed conflict 143.14: Take all necessary measures aimed at the early ratification of the Optional Protocol on the involvement of children in armed conflict 143.15: Expedite the process of redrafting of the existing Child Law taking into account the views and suggestions made by civil society organizations

Child law: Set a clear timeline to amend the 1993 Child Law, in order to expedite the legislative process and ensure it comes in full force the earliest for the best interest of children. Ensure the Child Law incorporates and is consistent with all principles and provisions of the Convention on the Rights of the Child and its optional protocols. Encourage the parliament to create spaces for public hearing on new child rights bill debate and integrate the inputs from CSOs into the new bill. Child soldiers: Promote public awareness on prevention of underage recruitment and monitoring and reporting mechanism (MRM) with the collaboration of relevant stakeholders. Promote accountability mechanisms and prosecution for those involved in recruitment of children into army. Initiate DDR process for child soldiers who are serving in non-state armed organizations as agreed at the Nation-wide Ceasefire Agreement (NCA). Sexual violence against children:

48

Disseminate reporting procedures and legal penalty awareness of sexual violence against minors among the responsible government ministries and public through public education and campaigns. Carry out a nation-wide study on the root causes of sexual violence against minors and find the preventive measures. Take effective and timely action against perpetrators through better coordinated efforts among responsible governmental departments such as health, police, courts/judges and social welfare. Birth registration Conduct frequent, effective, large-scale awareness-raising campaigns on birth registration in collaboration with responsible government officials in all those locations with low rate of birth registration and, in particular, remote and border areas; Ensure birth registration is totally free of charge for all children in all locations and under any circumstances, including migrant children, refugee children and IDP children. Corporal punishment Develop and enforce policies and operational provisions prohibiting corporal punishment in schools, homes, workplaces and any other setting, with a focus on effective complaint mechanisms. Conduct awareness-raising campaigns on corporal punishment prevention and promotion of positive discipline among government agencies, local authorities, communities and schools, especially in remote and border areas

49

(G) Gender equality

143.102: Continue promoting the participation of women in public affairs and socio-economic activities 143.03: Further promote women’s rights through increased participation in political, socio-economic and administrative decision making processes 143.68: Develop a legal framework to prevent and combat violence against women and domestic violence 143.69: Address in legislation all forms of gender-based violence, both within as well as outside of marriage 143.70: Take effective measures to prevent and combat marital rape and domestic violence, including the express criminalization of these practices 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 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 143.53: Continue to take steps to enhance women empowerment 143.55: Promote gender equality in all aspects of life and combat violence against women 143.56: Implement the commitment taken in 2011 to ensure gender equality 143.57: Adopt a legal definition of discrimination against women according to the Convention on the Elimination of All Forms of Discrimination against Women 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 143.59: Continue with the implementation of the National

50

Ensure the NSPAW is operationalized and fully implemented at all levels, with a budget and effective monitoring and evaluation mechanisms. Ensure that at least 5% of the national budget is allocated as a gender budget to support the implementation of NSPAW. Establish independent and effective high-level mechanisms for a full integration of gender and women’s issues into all ministries such as a National Women’s Commission or Gender Equality Commission or a female Gender Adviser to the President’s Office. Address inequalities in political representation, decision-making authority, economic and leadership opportunities by awareness-raising campaign, training for government officials, developing gender-sensitive policies and temporary special measurement such as quotas. Accelerate implementation of a fortified, comprehensive Prevention of and Protection from Violence against Women Law (PoVAW) in line with international human rights standards. The law must contain a comprehensive definition of gender-based discrimination, rape, a definition of women in line with the CEDAW principles, protection from harmful traditional practices, recognition of and protections from marital rape, availability of urgent Protection Orders and long-term rehabilitation services for providers. The PoVaw Law provision should include; investigation should be applied to both the offenders and victims equally, avoid the repeating court hearing from the victims during trail process, proof of evidence of the crimes should apply to not only the victims but also the offenders/ perpetrators. Fund and develop initiatives for women who experience abuse such as crisis shelters linked to well-trained and supported police, health care workers, legal service providers and social workers.

Strategic Plan for the Advancement of Women

Repeal the laws that are restrictive of women’s human rights such as Protection of Race and Religion Laws, and discriminatory clauses pertained in 2008 Constitution.

(H) Peace Process and 144.29: Include specific references to human rights law in the Armed Conflicts in agreement of ceasefire throughout the country and establish a comprehensive system to monitor its implementation Burma/ Myanmar 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 143.120: Ensure the safe and voluntary return of all internally displaced persons to their place of origin 143.121: Allow access to humanitarian aid to all groups who need it, including internally displaced persons in Rakhine State and other affected areas 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 143.123: Ease tensions in rural areas by developing an effective land registration system with a clear complaints handling mechanism 143.124: Effectively address the issue of land grabbing, including through providing redress to farmers and others whose land was illegally or arbitrarily seized 143.27: Continue peace talks among the people to avoid ethnic and religious conflicts and scale up national reconciliation process in the country 143.28: Take action to bring other remaining armed groups,

51

Include a meaningful participation of civil society organizations (CSOs) in peace process by allocating seats for CSO delegates at Union Peace Conference and integrate their inputs into the ongoing political dialogues. In series of political dialogues, an examination of systematic human rights violations committed by both the state army and Ethnic Armed Organizations (EAOs), soldiers in the past and present must be included and ensure reparations based on consultation with victims. End impunity for human rights violations by undertaking independent, transparent and impartial investigations into allegations of abuses and hearing cases against government soldiers in civilian courts. And an inspired union peace accord should address and guarantee that impunity not to be repeated in the future. Ensure a peace process that is stable by withdrawing troops of the state army and Border Guard Force (BGF) from civilian populations and immediately cease the confiscation of land in Cease Fire areas. Revoke oppressive laws such as Unlawful Association Law that are used against civilians, journalists and humanitarian workers in the present conflicts areas and cease-fire areas. The Myanmar government, Tatmadaw, BGF and EAOs should agree to

who are not among 8 major ethnic groups that recently signed the National Ceasefire Agreement, into an inclusive peace process 143.29: Ensure the proper work of the Joint Monitoring Committee and Union Peace Dialogue Joint Committee

(I) The conditions of Human Trafficking and migrant workers

143.74: Step up efforts towards the prevention and suppression of human trafficking and the smuggling of migrants by air, land and sea 143.75: Double its efforts in combating trafficking in persons including by bringing human traffickers and people smugglers to justice 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 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

and enforce a comprehensive ban on the new use of landmines in CeaseFire and Non Cease-Fire areas and hold meaningful consultations with all relevant actors before starting systematic demining efforts.

Take effective legal actions against perpetrators of human trafficking and ensure the perpetrators at all levels of organized crime operations are brought to court also providing sufficient compensation for victims of human trafficking. Abolish the 2005 Anti-Human Trafficking Laws and enact the new laws on Anti-human trafficking in consultations with CSOs and other stakeholders. During the implementation of the new laws, the government should collaborate with CSOs and other stakeholders. Strengthen complaint mechanisms within Myanmar and overseas embassies/consular of Myanmar to deal with cases effectively. Complaint mechanisms must be accessible to all, regardless of circumstances and legal status. Protect the rights of migrant workers through negotiations with countries of destination and by developing comprehensive Memorandum of Understandings (MoUs) and ensure equal opportunity for all the labor official posts, especially the post of labor attache and to promote the selection of female officials, especially female labor attaches. Ratify International Convention of protection of the rights of all migrant workers and members of their families (ICMW). 143.5

52

Enact domestic workers laws that recognizes domestic workers as skilled labours within domestic and provide legal protection. Also, to lift the ban on migration of domestic workers overseas and to protect domestic workers who are currently working abroad in close coordination with the government of destination countries.

(J)Sexual violence in 143.77: Ensure impartial and effective investigation of violence armed conflict areas and perpetrated against women and violence perpetrated against children, and ensure reparations for victims and the right to a non-conflict areas fair trial, including legal aid, for both the victim and the accused 143.78: Ensure independent investigations of all cases of violence and discrimination against ethnic and religious minorities 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 143.80: Combat impunity 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 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 143.66: Enact and enforce legislation that guarantees comprehensive protection from all forms of violence against women, and that addresses impunity for all perpetrators 143.67: Take positive action to ensure protection of women against sexual violence and their access to legal mechanisms without discrimination

53

Reform clauses from 2008 Constitution that allows impunity for the military personnel who commit crimes including sexual violence against women, particularly in conflict-areas Ensure that cases are brought to civil courts with full transparency and without interference from military institutions. Implement commitments made under the Declaration of Commitment to End Sexual Violence in Conflict ratified by the government of Myanmar in 2014 and allow an independent international investigation into crimes of sexual violence committed in conflict, ensuring legal penalties against the perpetrators irrespective of their institutional affiliation, and provide reparation to survivors and victims’ families. Reform legal systems and laws align with international laws such as United Nation Security Council Resolution 1325 and 1820, the Convention on the Elimination of all forms of Discrimination against Women’s (CEDAW). Quota systems at least 30 % must be applied to all levels of the executive branches of the government, the legislative body and other decisions making bodies and political parties must apply voluntary quota system of at least 30 % for candidate selections for elections and its Central Committee.

143.54: Ensure better representation of women in the peace process

Amend Myanmar Penal Code section 375 to ensure inclusion of same-sex rape and repeal 377 to decriminalize homosexuality.

(K) Minorities groups: Sexual Orientation and Gender Identity and Expression (SOGIE)

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 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

Provide awareness‐raising programs/campaigns on issues related to discriminatory norms and practices based on sexual orientation, gender identity and gender expression targeting law enforcement officials, public servants and in education institutions, workplaces and other social institutions. Stop the abuse of the Myanmar’s 1945 Police Act, to intimidate, humiliate, persecute and violate the fundamental rights of LGBTI (lesbian, gay, bisexual, transgender, intersexual) individuals and ensure effective legal action against the perpetrators by collaborating with CSOs. Strengthen protection mechanism for human rights violations against LGBTI individuals without delay as well as effective legal and social support. Provide quality healthcare services such as sexual and reproductive health and mental health services to LGBTI individuals who are traumatized/stigmatized by families and community members based on their sexual orientation. In providing these healthcare services, the service providers much be trained on gender sensitivity.

54

VII. Appendix II- 2nd Cycle of UPR Recommendations Scoring Chart Traffic Lights System Rec #

RS

Recommendation in English

Response

Pending / Not Implemented

Partially Implemented

143.1

Belarus

Continue its work in acceding to the core human rights conventions

Accepted

Partially

143.2

Japan

Consider ratifying the human rights treaties it has not yet ratified

Accepted

Partially

Accepted

Partially

Accepted

Partially

Consider the ratification of the main international human rights instruments to which it is not yet a State Party 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 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 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

143.3

Nicaragua

143.4

Viet Nam

143.5

Philippines

143.6

Namibia

143.7

United States of America

Consider ratifying the International Covenant on Civil and Political Rights

Ghana

Ratify the International Covenant on Economic, Social and Cultural Rights

Accepted

Egypt

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

Accepted

143.8

143.9

55

Accepted

Not yet

Accepted

Not yet

Accepted

Not yet

Fully Implemented

Fully (still obstacles in implementati on)

Partially

143.10

France

143.11

Chile

143.11 b

Croatia

143.12

Luxembourg

Sign the Convention against Torture Ratify the Optional Protocol on the involvement of children in armed conflict Ratify the Optional Protocol on the involvement of children in armed conflict Ratify the Optional Protocol on the involvement of children in armed conflict

Accepted

Not yet

Accepted

Yes

Accepted

Yes

Accepted

Yes

Panama

Consider the possibility of ratifying the Optional Protocol on the involvement of children in armed conflict

Accepted

Yes

Slovakia

Take all necessary measures aimed at the early ratification of the Optional Protocol on the involvement of children in armed conflict

Accepted

Yes

143.15

Bhutan

Expedite the process of redrafting of the existing Child Law taking into account the views and suggestions made by civil society organizations

Accepted

Partially

143.16

Cambodia

Continue to further enhance peace, development and democracy

Accepted

Partially

143.17

Nepal

Accepted

Partially

143.18

Greece

Accepted

Partially

143.19

Timor-Leste

Accepted

Partially

Accepted

Partially

Accepted

Partially

Accepted

Partially

143.13

143.14

143.20

Portugal

143.21

Azerbaijan

143.22

Kyrgyzstan

143.23

Russian Federation

Give continuity to the democratization process undertaken by the Government Continue its democratisation process by means of restructuring of the local police forces Continue building its democratic reform for the prosperity and wellbeing for the people and the nation of Myanmar Adopt a human-rights-based approach when designing and implementing the reforms towards the democratization of the country Continue further improvement of the protection and promotion of human rights in the country Continue making efforts for protecting and promoting human rights and improving the living conditions Continue to point special attention to the prevention of the emergence of the situation which might lead to conflicts on ethnic and religious basis

56

Accepted

Not

Slovenia

Adopt legislation ensuring protection of human rights of ethnic communities, including their participation in government decisions

Accepted

143.25

Holy See

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

Accepted

143.26

Brunei Darussalam

Continue its efforts to provide protection and care for its elderly population and other vulnerable groups

Accepted

Partially

Ethiopia

Continue peace talks among the people to avoid ethnic and religious conflicts and scale up national reconciliation process in the country

Accepted

Partially

143.28

Israel

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

Accepted

Partially

143.29

Israel

Ensure the proper work of the Joint Monitoring Committee and Union Peace Dialogue Joint Committee

Accepted

Partially

143.30

Belarus

Continue to strengthen its system to promote and protect human rights paying special attention to the social protection of the population

Accepted

Partially

143.31

Democratic People’s Republic of Korea

Continue to maintain annual economic growth of average of 8%

Accepted

Not yet

Ethiopia

Further continue concentrating on economic development to bring about sustainable peace and ensure enjoyment of human rights

Accepted

Not yet

143.33

Nicaragua

Harmonize its process of political, socio-economic and administrative reforms made in accordance with its international human rights obligations

Accepted

Not yet

143.34

Bolivarian Republic of Venezuela

Continue consolidating the correct measures taken on economic growth, for the benefit of its people

Accepted

143.24

143.27

143.32

57

Partially

Not yet

Partially

143.35

Cuba

Keep the momentum of political, socio-economic and administrative reform to comply with the socioeconomic needs of the population

143.36

Islamic Republic of Iran

Accelerate the political, socioeconomic and administrative reform to fulfil socio-economic needs of the people

143.37

Lao People’s Democratic Republic

143.38

Cuba

143.39


143.40


143.41

Singapore

143.42

Nepal

143.43

Egypt

143.44

Chile

143.45

Senegal

143.46

Portugal

Continue to accelerate the momentum of the political, socioeconomic and administrative reform to further fulfil socio-economic needs of the people 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 Take measures for the economic growth to be proportional to different parts of the country and to benefit all including in particular minorities Continue advancing in the achievement of the Sustainable Development Goals 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 Continue the strengthening of the national human rights institutions and mechanisms Take steps towards establishing a National Human Rights Institution in line with the Paris Principles Grant the National Human Rights Commission autonomy and independence in accordance with the Paris Principles Allow the National Human Rights Commission to fully exercise its functions, in line with the Paris Principles Ensure that the National Human Rights Commission is able to discharge its functions fully, in accordance with the Paris Principles, as previously recommended

58

Accepted

Not yet

Accepted

Not yet

Accepted

Not yet

Accepted

Not yet

Accepted

Not yet

Accepted

Partially

Accepted

Partially

Accepted

Partially

Accepted

Partially

Accepted

Partially

Accepted

Partially

Accepted

Partially

143.47

Sierra Leone

143.48

Republic of Korea

Take steps to ensure that the National Human Rights Commission is given a mandate in conformity with the Paris Principles 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

Accepted

Accepted

Partially

Not yet

Paraguay

Study the possibility of creating a national system for the follow-up of international recommendations on human rights

143.50

Turkey

Engage closely with the United Nations human rights system, including treaty bodies and special procedures mandate holders

Accepted

Yes but withdrew recently from any positive cooperation

143.51

Republic of Korea

Continue to cooperate with human rights mechanisms, including the special rapporteur on Myanmar

Accepted

No

143.52

Chile

Ensure ongoing cooperation with the special rapporteur for Myanmar of the Human Rights Council and with other Special Procedures

Accepted

No

143.53

Pakistan

Continue to take steps to enhance women empowerment

Accepted

Partially

143.54

Slovenia

Ensure better representation of women in the peace process

Accepted

Partially

143.55

Cyprus

Promote gender equality in all aspects of life and combat violence against women

Accepted

143.56

France

Implement the commitment taken in 2011 to ensure gender equality

Accepted

143.49

143.57

Austria

143.58

Sierra Leone

143.59

Israel

Adopt a legal definition of discrimination against women according to the Convention on the Elimination of All Forms of Discrimination against Women 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 Continue with the implementation of the National Strategic Plan for the Advancement of Women

59

Accepted

Yes

No

Accepted

No

Accepted

Not yet

Accepted

Yes

Nepal

Continue efforts to strive for all citizens to live in harmony without discrimination against any races and nationalities

Accepted

Not yet

143.61

Ecuador

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

Accepted

Not yet

143.62

New Zealand

Increase its efforts to counter hatespeech and incitement to violence

Accepted

Not yet

143.63

Japan

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

Accepted

143.64

Panama

Consider abolishing de jure the death penalty

Accepted

143.65

France

143.66

Sweden

143.60

Continue releasing political prisoners and relaunch the joint Government/civil society committee Enact and enforce legislation that guarantees comprehensive protection from all forms of violence against women, and that addresses impunity for all perpetrators

Partially

Not officially denounce death penalty

Accepted

Partially

Accepted

Partially

143.67

Namibia

Take positive action to ensure protection of women against sexual violence and their access to legal mechanisms without discrimination

143.68

Serbia

Develop a legal framework to prevent and combat violence against women and domestic violence

Accepted

Partially

143.69

Spain

Address in legislation all forms of gender-based violence, both within as well as outside of marriage

Accepted

Partially

Portugal

Take effective measures to prevent and combat marital rape and domestic violence, including the express criminalization of these practices

Accepted

Not yet

Paraguay

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

Accepted

Not yet

143.70

143.71

60

Accepted

Not yet.

143.72

143.73

143.74

143.75

Mexico

Adopt measures to end the recruitment and participation of children in military activities

Accepted

Ecuador

Continue to implement policies to ensure full protection of civilians, particularly children, in zones of armed conflict

Accepted

Greece

Step up efforts towards the prevention and suppression of human trafficking and the smuggling of migrants by air, land and sea

Accepted

Partially

Malaysia

Double its efforts in combating trafficking in persons including by bringing human traffickers and people smugglers to justice

Accepted

Partially

Accepted

Partially

143.76

Serbia

143.77

Finland

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 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

Partially

Not yet

Accepted

Not yet

Iceland

Ensure independent investigations of all cases of violence and discrimination against ethnic and religious minorities

Accepted

Not yet

143.79

Iceland

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

Accepted

Not yet

143.80

Senegal

Combat impunity

Accepted

Not yet

Accepted

Not yet

Accepted

Not yet

143.78

143.81

Lithuania

143.82

Argentina

Ensure that police and military officers alleged to have committed acts of torture and ill-treatment are held accountable through the criminal justice system 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

61

143.83

Chile

143.84

Cuba

143.85

Georgia

143.86

Singapore

143.87

Japan

143.88

Botswana

143.89

Sudan

143.90

Malaysia

143.91

143.92

143.93

Review legislation in order to raise the minimum age of criminal responsibility in line with international standards Address effectively the issue of corruption Accelerate reforms with the aim to guarantee good governance and more vigorously address the issue of corruption 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 Increase its efforts to ensure access to basic services, as well as freedom of movement, for all residents 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 Spread the culture of human rights and strengthen religious and faith tolerance Intensify efforts in actively promoting inter-ethnic, inter-faith and communal understanding and harmony

Accepted

Accepted

Accepted

Partially

Accepted

Partially

Accepted

Partially

Accepted

No

Accepted

No

Accepted

No

Turkey

Achieve tolerance and peaceful existence in all parts of society by promoting interfaith and intercommunal dialogue

Accepted

No

China

Continue efforts to preserve national, cultural and religious diversity so as to promote harmony among ethnic groups and religions

Accepted

Republic of Korea

Make sincere efforts to build up levels of confidence and reconciliation among religious groups through dialogue between religious leaders

Accepted

62

Partially

No

143.94

Indonesia

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

143.95

Egypt

Prevent the destruction of places of worship and cemeteries

Accepted

No

Holy See

Make every effort to guarantee the right to religious conversion and to respect the freedom of religion, in particular, enabling religious practice

Accepted

No

143.97

Poland

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

Accepted

No

143.98

New Zealand

Work to ensure that freedom of opinion and expression are protected

Accepted

Italy

Further ensure that those who legitimately exercise their rights to freedom of expression and peaceful assembly be not subject to reprisals

Accepted

143.10 0

Ireland

Continue to create a safe and enabling environment for civil society in order to help the country’s ongoing transition to democracy

Accepted

143.10 1

Republic of Korea

Put forward every effort to ensure that the election process is both free and fair

Accepted

143.10 2


Continue promoting the participation of women in public affairs and socioeconomic activities

Accepted

Partially

Accepted

Partially

Accepted

Partially

143.96

143.99

143.0 3

Italy

143.10 4

Sri Lanka

143.10 5

Brunei Darussalam

143.10 6


Further promote women’s rights through increased participation in political, socio-economic and administrative decision making processes Take necessary further steps to combat poverty and to address socio-economic inequality Take appropriate steps towards achieving Universal Health Coverage in the country Continue to allocate more budget in health sectors

63

Accepted

No

Accepted

Accepted

Partially

No

Partially

Fully

No

Partially

143.10 7


143.10 8

Viet Nam

143.10 9

China

143.11 0

Sweden

143.11 1

Timor-Leste

143.11 2

Nigeria

143.11 3


143.11 4

Continue more budget allocation in the health sector Earmark additional financial resources to health services and reduce the financial burden faced by vulnerable groups in accessing medical care 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 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 Redouble steps taken in providing quality and affordable health and education services, including providing adequate learning opportunities 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

Accepted

Partially

Accepted

Partially

Accepted

Partially

Accepted

Partially

Accepted

Accepted

Partially

Provide equal access to education by the people

Accepted

Partially

Brunei Darussalam

Continue to invest in education and ensure the continued provision of free education for its primary and secondary students

Accepted

Partially

143.11 5


Continue with the efforts of providing equal access to education by all national races in the country

Accepted

Partially

143.11 6


Continue to provide equal access to education by all national races, including minorities in the country

Accepted

Partially

Sri Lanka

Continue efforts to develop its human capital through education, training and empowering vulnerable groups

Accepted

143.11 7

64

Not yet

143.11 8

Greece

Improve the situation of minorities in the country

Accepted

Partially

143.11 9

France

Accelerate citizenship verification processes so that populations now deprived of identity documents do not remain in an illegal situation

Accepted

Partially

143.12 0

Turkey

143.12 1

Kuwait

143.12 2

Panama

Ensure the safe and voluntary return of all internally displaced persons to their place of origin Allow access to humanitarian aid to all groups who need it, including internally displaced persons in Rakhine State and other affected areas 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

143.12 3

Germany

Ease tensions in rural areas by developing an effective land registration system with a clear complaints handling mechanism

143.12 4

Czech Republic

Effectively address the issue of land grabbing, including through providing redress to farmers and others whose land was illegally or arbitrarily seized

144.1

Paraguay

144.2

Latvia

144.3

Germany

144.4

Hungary

144.5

Sierra Leone

Ratify the core international human rights instruments Accede to and implement all core human rights treaties 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 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 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

65

Accepted

Not yet

Accepted

Not yet

Accepted

Partially

Accepted

Partially

Accepted

Partially

Accepted

Partially

Accepted

Partially

Accepted

Partially

Accepted

Accepted

Not yet

144.6

Slovenia

144.7

Montenegro

144.7b

Poland

144.8

Lithuania

144.9

Spain

144.10

Estonia

144.10 b

Ghana

144.11

Greece

144.12

Bahrain

144.13

Switzerland

144.14

Portugal

144.15

Algeria

144.15 b

Libya

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 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 Ratify the International Covenant on Civil and Political Rights Ratify the International Covenant on Civil and Political Rights 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 Ratify the International Covenant on Civil and Political Rights and its optional protocols Ratify the International Covenant on Civil and Political Rights and its two optional protocols Ratify the International Covenant on Civil and Political Rights and its two optional protocols Accede to the International Covenant on Civil and Political Rights and its Second Optional Protocol, aiming at the abolition of the death penalty Sign and ratify the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights 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 Ratify the International Covenant on Economic, Social and Cultural Rights and its Optional Protocol Ratify the International Convention on the Elimination of All Forms of Racial Discrimination and the International Covenant on Civil and Political Rights Ratify the International Convention on the Elimination of All Forms of Racial Discrimination and the

66

Accepted

Not yet

Accepted

Not yet

Accepted

Accepted

Not yet

Accepted

Not yet

Accepted

Not yet

Accepted

Not yet

Accepted

Not yet

Accepted

Partially

Accepted

Partially

Accepted

Yes

Accepted

Not yet

Accepted

Not yet

International Covenant on Civil and Political Rights 144.16

Ghana

144.17

Turkey

144.18

Sudan

144.19

Brazil

144.20

Italy

144.21

Luxembourg

144.22

Georgia

144.23

Denmark

144.23 b

Guatemala

144.24

Portugal

144.25

Lithuania

144.26

Chile

144.27

Mexico

144.29

Guatemala

Ratify the International Convention on the Elimination of All Forms of Racial Discrimination 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 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 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 Ratify the International Covenant on Civil and Political Rights and the Convention against Torture Ratify the International Covenant on Civil and Political Rights and the Convention against Torture Ratify the Convention against Torture and the International Covenant on Civil and Political Rights

Accepted

Not yet

Accepted

Not yet

Accepted

Partially

Accepted

Partially

Accepted

Not yet

Accepted

Not yet

Accepted

Not yet

Ratify the Convention against Torture

Accepted

Not yet

Ratify the Convention against Torture

Accepted

Not yet

Accepted

Not yet

Ratify the Convention against Torture, as previously recommended Ratify the Convention against Torture and its Optional Protocol Ratify the Convention against Torture, and subsequently ensure the adoption of provisions that expressly prohibit torture in police settings Ratify the Convention against Torture and the International Convention for the Protection of All Persons from Enforced Disappearance Include specific references to human rights law in the agreement of ceasefire throughout the country and establish a comprehensive system to monitor its implementation

67

Accepted

Accepted

Not yet

Accepted

Not yet

Accepted

Not yet

144.30

Finland

144.31

Thailand

144.55

Namibia

144.73

Austria

144.74

Hungary

144.75

Hungary

144.76

Canada

144.77

Lithuania

144.80

Belgium

144.81

Ghana

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 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 Develop a simplified, effective birth registration system through which all can access a birth certificate, including a complaints handling mechanism 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 Define professional legal standards and disciplinary procedures in conformity with the Basic Principles on the Role of Lawyers Amend the Bar Council Act in order to allow for the Bar Council to become a truly independent and selfgoverning association 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 Raise the age of criminal responsibility to international standards 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 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

68

Accepted

Partially

Accepted

Partially

Accepted

Partially

Accepted

Partially

Accepted

Not yet

Accepted

Accepted

Partially

Not yet

Accepted

Partially

Accepted

Partially

Accepted

Partially

144.82

144.83

144.84

Chile

Ensure the protection of human rights defenders

Accepted

Not yet

Norway

Create and maintain a safe and enabling environment for civil society, human rights defenders and journalists

Accepted

Not yet

Brazil

Take concrete steps to promote and protect the right of peaceful assembly, in line with international human rights law and standards

Accepted

Not yet

69

Equality Myanmar Human Rights Education and Advocacy

2017 ANNUAL

REPORT www.equalitymyanmar.org

[email protected]

Annual Report 2017

1

Contents 1

Message from the Director

5

Stories of Change

9

Equality Myanmar (EQMM) is a registered local nongovernmental organization

Program Overview

that facilitates a broad range of human rights education activities and capacity building, as well as conducts advocacy and lobbying. We work with a variety of

11

Human Rights Education

15

Advocacy

EQMM was formerly known as the Human Rights Education Institute of Burma

17

Projects

headquarters and operations transitioned to working exclusively inside Myanmar

19

United ACT

19

Colors Rainbow

22

Financial Information

Equality Myanmar No. 334/344, 2nd level, Bagan Housing, Lanmadaw 1st street, Anawraahta Road, Lanmadaw Township, Yangon, Myanmar.

2

About Equality Myanmar

E q u a l i t y M y aPhone: n m a r +95 1 229108, +95 9 448023569

local actors and our activities reach all states and regions in Myanmar.

(HREIB) and was founded in 2000 in Chiang Mai, Thailand. In 2013, HREIB’s under its new name.

Our Vision Our Vision is a peaceful, democratic, tolerant society that respects human rights.

Our Mission

Print - June, 2018 Yangon, Myanmar. Design & layout - Daren Moon,

Our Mission is to empower the people of Myanmar to engage in social transformation and promote a culture of rights for all.

Zun Pwint Phyu, Maung Maung Myint Lwin

Annual Report 2017

3

Message from the Director

2017: Stories of Change

I am sorry to see the deterioration in the human rights situation in 2017. The year began tragically, with the assassination of U Ko Ni, and was followed by severe challenges for civil society, such as the use of legal intimidation

City Development Committee Office ) (Paunghtae Township, Bago Region

to close the civic space, the rising influence of hate speech, and increased fighting and human rights violations in conflict areas. Moreover, the crisis in Rakhine State has devastated all communities along the border, but has been especially afflictive to the Rohingya Muslims. These events have thrown Myanmar’s reform into doubt, and some have even tried to accuse ‘human rights’ for abetting the very worst of things. In spite of the difficulties, Equality Myanmar continues to stand at the forefront of advocating for a rights based approach to tackling Myanmar’s challenges. Our own journey from exile has been a long one, and we will not be discouraged

Phyu Phyu Kyaw, 35

by the downturn in events. Nor will we waiver in our conviction that all people

First female member elected to

deserve to be treated equally, that they have human rights and dignity,

City Development Committee in

and that it is the responsibility of everyone with respect to human rights to

Paunghtae Township, Bago Region.

condemn any form of violence or discrimination by anyone. As the stories in this report show, we continue to empower individuals and organizations to take actions each day to support human rights. I am particularly proud of the efforts of the women and men of the Human Rights Educators Network (HREN) for working with Equality Myanmar to deliver trainings that reach every corner of Myanmar, and I also want to recognize the ICCPR Action Group for mobilizing thousands of people to petition the government to sign and ratify the International Covenant for Civil and Political Rights (ICCPR) for Myanmar. Lastly, to all our partners and funders, we are grateful for your support that contributes to making our vision for peace, tolerance, and human rights attainable. In Solidarity,

“After completing [EQMM’s] Training of the Trainer, I realized that I can train and motivate others effectively, and that gave me confidence in myself. So I was confident to run as a candidate in municipal elections. In fact I got 14 votes, just three short of being the chairman. During the election, there were some people who didn’t think a woman would be able to serve on the committee and they didn’t vote for me. This is why I intend to work for promoting women’s rights and I will facilitate training for women in order to claim their rights too.”

Aung Myo Min

4

Equality Myanmar

Annual Report 2017

5

Hnin Papa Soe, aka Can Dal, credits Equality Myanmar and Colors Rainbow for giving her the skills and inspiration to create the documentary, ‘A Simple Love Story.’ The film, a love story between a transman and transwoman, received the best documentary award at the Wathan Film Festival in Yangon in 2017. “Before I started to shoot that documentary, I got inspiration from watching ‘This Kind of Love’ documentary about Saya U Aung Myo Min’s story at [EQMM’s] 2016 ToT. During that time, I started understanding what a powerful tool a documentary is, and I dreamed of creating a documentary of my

Hnin Papa Soe (Can Dal), 27, an awardwinning filmmaker countering LGBT stereotypes

Dr. Myo Myat Maung is blind and attributed his increased skill in advocacy messaging to his advocacy training with Equality Myanmar. He says that his improved communication skills have enhanced his abilities at work and that he was able to apply skills from his training in addressing discrimination against persons with disabilities at a college in Ayewaddy Region. The college had announced that it would not accept persons with disabilities in its admission policies, and when this came to his attention, Dr. Myo Myat Maung co-authored a letter making an argument based in law that the college cannot discriminate. He sent

own someday.”

the letter to the college and the Ministry of

Although receiving best documentary

was to retract this from their admissions

award, the film wasn’t allowed to be shown

policy. The reason given was that the policy

by authorities, due to the last sentence

was announced by junior staff who was not

of dialogues. The award and subsequent

aware of the law.

attention received over her refusal to abide

Education, and the reaction from the college

Dr. Myo Myat Muang, 31, a skilled advocate for the rights of persons with disabilities

by censor’s demands has made her a celebrated and outspoken advocate for LGBT rights in Myanmar.

6

Equality Myanmar

Annual Report 2017

7

2017: Program Overview

Raised Awareness to 1,160 community members about human rights through training

Advocacy Led national campaign collecting over 6,000 signatures calling for ratification of the ICCPR

Anti-Child Trafficking Reached 1,350 people through an Anti-Child Trafficking event in Yangon

Kyaw Htet Khine, 24, a committed citizen who took action to get his neighbhor’s land returned

Human Rights Day reached 8,371 people though Human Rights Day events and 12,000 people through social media campaigns.

Trained 26 new human rights educators

Distributed 47,096 pieces of IEC material to 97 orgazinations and 15 individuals for futher dissemination

Audio-visual productions that were broadcasted weekly on DVB television, 12 million daily viewers and 6 million online viewers

“After [EQMM’s] training I really wanted to help my neighbor when he explained about losing his land. He looked so tired. So then I started inquiring how to make a follow-up on his case, and at that time I contacted a reporter to help. We wrote a complaint letter and introduced his case to many related offices. Two months later, they started to investigate again. And after they investigated, he got his land back.”

8

Equality Myanmar

Annual Report 2017

9

2017: EQMM’s Activity Map

Kachin

Sagaing Shan

Chin Mandalay

Human Rights Education

Magay Rakhine

Kayah

“Before I attended human rights training, I used to discriminate others

Bago

without respecting human rights. However, after that training, I could adjust myself not to violate others’ rights and not to do any kidding about it either. I thought the best way to promote this is to share with others. So, I always share human rights knowledge in my community, and I also

Ayeyarwaddy

Yangon

Kayin

Mon

conducted 2-day training in an area called Kyar Inn Seik Gyi on basic human rights. That place has many violation issues, especially since people from that place didn’t have an opportunity to vote in elections. So, I discussed with them and we found ways to enable them to vote, and then we connected with others to make it possible.”

Human Rights Education Advocacy European Instrument for Democracy and Human Rights Project Intermediate Support Organization Project Strengthening Defense in Human Rights Project International Covenant on Civil and Political Rights Project

Yin Sa Nine Mon, Mon State Tanintharyi

571 354

People who completed 5-Day Human Rights Trainings People who completed 3-Day Basic Human Rights Trainings

United Act

10

Equality Myanmar

Annual Report 2017

11

95%

0

100

Men demonstrated increased knowledge

96%

0

100

Women demonstrated increased knowledge “Being a person who lives in rural area I haven’t participated in a training about human rights before. So, I thank you for informing me on human rights that we never knew. Now I accept that I have responsibility to share with others who live in our village on the topics that I learnt. I want to say to others to keep human rights words in our heart although we have finished training.” Thiha Naung, Bago Region

“It is good to learn about Freedom of Religion and Belief from this workshop. Before, I did not accept other religious minorities because of communal violence between Rakhine ethnic people and Muslim people. We will have to intervene any instigations of violence. The government also has responsibility to protect any instigations of violence.”

Aung Myint Myat (Sittwe, Rakhine State)

EQMM conducted

26

235

People trained by new Human Rights Educators

thematic workhops for

602

participants 12

Equality Myanmar

Annual Report 2017

13

Advocacy and Lobbying in 2017

During 2017, U Aung Myo Min, Executive Director of EQMM conducted many activities in parliaments on human rights, and professional development in Chin State, Magway Region, Shan State, and Sagaing Region, Bago Region. In addition, U Aung Myo Min conducted a series of workshops and meetings to raise awareness and coordinate advocacy about the ICCPR for Myanmar in Rakhine and Magway, respectively, with a coordination meeting in Yangon, and one advocacy meeting to Thanintharyi regional parliament. For the 60th anniversary of the European Union, on April 4 EU Ambassador organized a ceremony to grant the first ever “Schuman Awards”. The Schuman Award honors U Aung Myo Min’s efforts in promoting human rights and equality in Myanmar.

47,096

EQMM organized 10 public events reaching 9,701 people through human rights events and 12,000 people through social media campaigns.

pieces of IEC

97 organizations distribution

EQMM produced new books and posters for distribution across Myanmar. In total we distributed 47,096 pieces of IEC materials to 97 organizations and 15 individuals for further distribution.

DVB TV Program

12 million daily viewers and

6 million

EQMM produced 19 audio-visual productions that were broadcasted weekly on Democratic Voice of Burma Television, who has 12 million daily viewers and 6 million online viewers.

online viewers

14

Equality Myanmar

Annual Report 2017

15

Mentoring Activists

Strengthening the Defense of Human Rights in Cambodia and Myanmar (SDHR) Equality Myanmar finished a three year project in 2017 aimed building the organizational and peace-building capacities of human rights organizations in Myanmar and Cambodia. The project conducted trainings and giving sub-grants in Shan State, Mon State, Rakhine State, and Ayeyarwaddy Region. One of the sub-grantees, called Mon Youth Educators Organization (MYEO) conducted land rights workshops and produced a film titled, “Grievance From Phyar Taung”, documenting land grabs and environmental destruction in Mon state. They also produced a Mon-language handbook about land rights.

Open Hluttaw App The Open Hluttaw app, which aims to connect citizens with their duty bearers, was successfully launched on the Equality Myanmar conducted 2 advocacy workshops and mentoring meetings in Yangon and Mandalay for human rights activists from across Myanmar during October and December of 2017. In general, the workshops resulted in increased advocacy knowledge and the mentoring meetings resulted in increased confidence and knowledge as to how to apply the skills learned in the workshop.

“I am a social activist, and most of time I criticized government for their unfair action by marching and demonstrating. After this meeting, now I am aware of other advocacy methods of networking, statement writing, lobbying and peaceful non-cooperative methods. I will share with my organization about strategies for effective campaigns and lobbying.” Ko Kyaw Lin, Genuine People Servant,

19th September, 2017 in Yangon. The app launch event itself was a remarkable as it received attendance of International and national NGO representatives, and Hluttaw representatives. A few days before the launch event, awareness of the upcoming availability of the app was raised by publishing carefully crafted messages on the Facebook page of Open Hluttaw. People showed their interest and excitement on the Facebook posts, and all of these resulted in a total app down-load of 602 on the launch day.

“Building CSO’s Capacity: Human Rights and Advocacy Project” This project built the capacity 16 local civil society organizations in different states and regions across Myanmar to communicate and advocate their causes in national and local governance processes and develop their own advocacy strategies for specific advocacy objectives.

Yangon

16

Equality Myanmar

Annual Report 2017

17

International Covenant on Civil and Political Rights Project (ICCPR)

Highlight Story from United ACT

The project designed and led a national campaign joined by 43 local

program, managed by Equality Myanmar,

organizations to raise awareness and gather support for signing and ratifying

in May 2017. One of the CBO members,

Min Min*, 13, joined United ACT’s

the ICCPR, which has gathered

who live in Yangon volunteering for

6,000 signatures and gained specific

community activities told him that United

commitments from 10 MPs.

ACT is working for child rights awareness

“I just know if Myanmar government ratify this treaty ICCPR, it will support our policy reform system and law enforcement. So, the government should ratify this treaty as soon as possible”. Khu Thu Reh, member of Kayah State Parliamentarian “Some laws cannot be drawn by

and he can join United ACT if he is willing to. He was not interested at first. Later he changed his mind and applied after he saw some of his friends filling an application. “Now I am sharing knowledge and experiences that I gained from attending trainings of United ACT to my friends from school and around. I am very happy to join United ACT’s activities such as theaters and other trainings. And I am proud myself for the chance share about

ourselves. We should consult with related civil society organizations and scholars

child rights among peers. I become more comfortable to speak in front of other

to draft. For example, land issues: the farmers give practical advice, while the

people. I am able to take a leading roles also in volunteering for community

scholars who are expert on land issues and some activities are needed to for

activities. As a future plan, I will prioritize for my education as I am attending

their advice and opinions.”

school and I will also share what I learn to people around. (*name changed for

U Hla Htwe, Yae Phyu Constituency (1), Magwae Region

confidentiality)

Colors Rainbow

Rights for All Project DanChurchAid-Norwegian Church Aid (DCA-NCA) together with local partners Equality Myanmar and Local

In a joint project with Equality Myanmar, Colors Rainbow led implementation of trainings on the law, mediation,

Resource Centre (LRC) is implementing a three-year project, “Rights for All: Empowering Human Rights Defenders and Civil Society Organizations to promote and protect the human rights of the most vulnerable groups in Myanmar”. In 2017, EQMM conducted human rights and advocacy training in Kachin State,

“After attending the trainings I have gained more selfconfidence. I am now brave enough to go to police stations and courts to help the victims. I can stand by them. I understand more and more the procedures of courts and feel that I am improving day after day. I am now much more satisfied than in the past and I want to study about law specifically if I have a chance.” Char Coal, 30, Paralegal Trained by Colors Rainbow

Mandalay Region, Mon State, Shan State, Karen State, Tanintharyi Region.

and case management for paralegals from Colors Rainbow and other partner organizations. In total, 90 participants were trained. In 2017 there were 276 cases investigated by paralegals from Colors Rainbow.

18

Equality Myanmar

Annual Report 2017

19

International Training and Networking Name :Nay Lin Htike

Name :Aung Ko Ko

Postion :Program Coordinator

Postion :CSO Network Officer

Event :Introductory Course on International Human Rights

Event :Annual Regional Human Rights and People Diplomacy Training

Country :Norway

Country :Timor Leste

Quote : “I gained knowledge about the UN system which are charter based bodies and treaty based bodies, special procedures, freedom of religion and belief, hate speech and the rights to freedom of speech. I have got network due to this study with Norwegian Center for Human Rights which has conducted this training.”

Quote : “I gained understanding about UN treaties, International advocacy concept as well as networking with colleagues from the Asia-Pacific Region.”

Name :Kyi Phyu Postion :Trainer Event :Feminist Leadership Training

Name :Sett Naing Tun

Country :Thailand

Postion :Trainer

Quote : “After the training, I increased my knowledge about power mapping, patriarchy, feminist leadership, sexuality, self-defense, movement sharing, and action planning. Because of that training, I could link these skills and concepts with the women rights lessons of our human rights training.”

Event :Obama Foundation Summit Country :USA Quote : “In a short time I got a lot of experience and networking with countries’ representatives. We created a Facebook Group and Email Group in order to keep in touch and to share information.”

Name :Htay Htay Win Postion :EIDHR Trainer

Name :Sett Naing Tun

Event :Gender Inclusive Rights Based Development Training

Postion :Trainer

Country :Bangladesh Quote : “I networked with people from different countries, GIRBD module package and had many experiences. Additionally, there was networking with Christian Aid and LWF from Myanmar. ”

20

Equality Myanmar

Event :Global Advocacy Leadership in Asia Country :Cambodia Quote : “I gained awareness about the sustainable development goals, the target of SDG16 (National Indicators) and the overview of SDG implementation review of UN HLPE Voluntary National Review (VNR).”

Annual Report 2017

21

Financial Information Donors

2017 Programs Income

1% 9% 53% 37%

Core Human Rights Education & Advocacy Program Human Rights Projects Program United Act-Child Rights Program Organization Reserve Fund

Direct vs In-Direct Expenditures

23%

77% Direct Expenditure In-Direct/Overheads Expenditure

22

Equality Myanmar

Annual Report 2017

23

Equality Myanmar No. 334/344, 2nd level, Bagan Housing, Lanmadaw 1st street, Anawraahta Road, Lanmadaw Township, Yangon, Myanmar.

24

Equality Myanmar