0 Full Membership (available to NHRIs that have been granted 'A' accreditation by the ICC); or
0 Associate Membership (available to NHRIs that have been granted 'B' accreditation by the ICC); or
V Associate Membership (available to NHRIs that have not yet sought accreditation by the ICC); or
Mandatory information checklist: Have you submitted the following information with your application? Tick boxes
dA completed APF Membership Application form
FatA copy of your institution's founding legislation/constitution
E(An organisational chart
12'Budgetary/Audit information for the most recent financial year
El' Background information profiles on the Commissioners
3
"Annual report
Declaration On behalf of Myanmar National Human Rights Commission
(full legal name of institution)
We confirm that the institution formally applies to become a member of the Asia Pacific Forum of National Human Rights Institutions (APF). We have read and are cognisant of the requirements of the Constitution of the APF insofar as it applies to matters of membership (see annex 3) and agree to be bound by the rules of membership as set out in the APF Constitution (the full text of which can be obtained at www.asiapacificforum.net/about/governance
Signed by the Chair 84.6lossielent of the institution:
Signature: Uk14—;2: 5-3,
Name:(print) WIN MRA
Date: ...... ....... ...... .2 — 10 — 2012
Signed by the Chief Executive Officer:
Signature:
Name: (print) ......... U 00 KYAW ZAN
Date: 2-10-2012
Aoplyinq
Please sign the above application, complete the checklist and attach the supplementary information. Completed applications should then be sent by mail or email to:
The Director Asia Pacific Forum of National Human Rights Institutions GPO Box 5218 Sydney NSW 2001 AUSTRALIA Email: [email protected]
For more information
4
a
CRITERIA COMPLIANCE SUPPORTING DOCUMENTS
GENERAL INFORMATION Type of institution
A Commission • Ombudsman • Other (specify)
Jurisdiction
4 Domestic: • Public Sector • Private Sector
/- International
Scope of jurisdiction
/ General • Thematic (specify)
[Spedfy which type of institution you belong to: if a mixture of both, please identify areas of difference and similarities with either]
[Provide public information - booklet, website, publication - which describe your type of institution; with respect to its jurisdiction, indicate if individual commission members hold individual mandates/areas of expertise or share common grounds]
Mandate and structure Is the institution established by:
• Constitution • Legislation / Decree • Other
[Explain the relationship between your mandate & structure and your founding document]
[Provide a copy of your founding document]
Accountability What is the nature of the institution's accountability?
[Indicate line of accountability and how the institution is accountable]
[Provide the relevant provision or other relevant documentation]
• Executive (Prime MinistelEad of Sj1King, etc) • Legislative • Other
Protection and promotion functions [If yes explain where [Provide the relevant
Yes
5
•
• Are these functions of protection and promotion specifically defined in law? tau pc,,i,v , r,eA, In- 3puts noti.Vcalf cret. 10 , 3 LA / 2. 0 1 X ci 5-9 -I i establis 1111.3_ +k-.0 VANIARC
defined and what those functions are, if no, give reasons]
section/article or other relevant evidence]
Responsibility Does the institution have responsibility to:
• Submit opinions, reports & recommendations to gove m ment/parliament on any matter concerning protection/promotion of human rights and without prior authorization?
• Promote consistency between domestic leg islation and international human rights instruments?
• Encourage ratification of such instruments in co-operation with the UN and re g ional & national institutions?
• Contribute independently of government to UN reporting?
• Conduct research & education programs on human rights?
• Increase public awareness of human rights issues?
. .i \i res
No
%/Yes No
v4es No
N,fes No
Vfes No
11(es No
[In each of these subcategories of responsibility; if yes please provide an indication of where these roles are articulated and expand on them,
if no, please describe current responsibilities]
[Please provide evidence of responsibilities preferably through founding document
or otherwise as required including reports and recommendations, interactions with government & UN, examples of education prog rams as well as public relations/media plans]
Independence Is the independence of the institution guaranteed b y : • Pluralist composition?
• Appointment & dismissal process established b y law with fixed term & renewable?
• Financial autonomy derived from stable, adequate funding?
• Legal & operational autonom y through separate leg islation, infrastructure, staff & resources?
\Wes No
\As No
aes No
[Describe how the independence of the institution is guaranteed & the relationships it has with government. If any of these criteria are not currently met, explain why]
[Provide copies of the relevant provisions or regulations ensuring independence including membership details, budgetary documentation, location and resourcing information]
Ye (-s, N-7)
6
Method of operation Is the institution free to: • Meet regularly & as required?
• Review any matter within own jurisdiction on referral from government, by individual complaint or suo moto?
• Hear any person & obtain any information related to a matter within jurisdiction?
• Make public its findings & recommendations (eg through annual report)?
• Establish local & regional sections?
• Maintain consultation with other bodies (eg NG0s) when carrying out its functions?
v4es No
VS'es No
.‘,4'es No
v4es No
Yes
()
\Wes No
[Describe in detail how the institution operates in relation to its mandate]
[Provide copies of minutes of meetings, provisions relating to powers to obtain information and collect evidence, annual reports and geographical branches]
Additional criteria — Institutions with quasi -judicial competence Is the institution competent to: • Potentially hear individual complaints?
• Potentially seek settlement through conciliation or binding decisions, with confidentiality?
• Inform the complainant of their rights & remedies and ensure the process is accessible?
• Potentially make recommendations to competent authorities, make enforceable decisions or refer to specialised tribunal?
%4es No
N./9es No
N-4es No
Yes (143\
[Explain in detail any complaint handling function of the institution including nature of complaints and methods of resolution]
[Provide evidence of quasi-judicial competence through founding document if applicable. Provide evidence of complaint load & any relevant statistics on volume, type and method & success in resolution. Provide any public information document/ brochures/contact details ensuring accessibility]
7
NAY PYI TAW, 5 Sept-The Union Government of the Republic of the Union of Myanmar issued Notification No. 34/2011 dated 5-9-2011 as follows:-
Republic of the Union of Myanmar Union Government
Notification No. (34/2011) 8th Waxing of Tawthalin1373 ME
(5 September, 2011) Formation of Myanmar National Human Rights Commission
Myanmar National Human Rights Commission was formed with the following persons with a view to promoting and safeguarding fundamental rights of citizens described in the constitution of the Republic of the Union of Myanmar.
(a) U Win Mra Chairman Ambassador (Retd)
(b) U Kyaw Tint Swe Vice-Chairman Ambassador (Retd)
(c) U Tun Aung Chein Member Professor (Retd), Department of History
(d) U Hla Myint Member Ambassador (Retd)
(e) U Than Swe Member Director-General (Retd), Forest Department
(f) Dr Nyan Zaw Member State Medical Officer (Retd)
(g) Dr Daw Than Nwe Member Professor (Retd), Department of Law
(h) Daw Saw Khin Kyi Member Professor (Retd), Department of International Relations
(i) U Tin Nyo Member Director-General (Retd), Basic Education Department
(j) U Kwa Htiyo Member State Law Officer (Retd)
(k) U Khin Maung Lay Member Director (Retd), Labour Department
(I) U Lapai Zawgun Member Minister Counsellor (Retd)
(m) U Nyunt Swe Member Deputy Director-General (Retd), Ministry of Foreign Affairs
(n) Daw San San Member Director (Retd), Labour Department
(0) U Sit Myaing Secretary Director-General (Retd), Social Welfare Department
By order, Tin Myo Kyi
Secretary Union Government
1
Mandate of the Myanmar National Human Rights Commission
Under Notification No. 34/2011 dated 5 September 2011 of the Government of the
Republic of the Union of Myanmar, the Myanmar National Human Rights Commission is
vested with the following responsibilities and competence;
(1) To receive communications on the violations of the fundamental rights of
citizens enshrined in the Constitution of the Republic of the Union of
Myanmar, to investigate them and to convey the findings to the relevant
government departments and bodies for necessary action.
(2) On receipt of information on violations of the fundamental rights of citizens,
to verify the information and to convey the findings of the investigation to
the relevant government departments and bodies for necessary action.
(3) To examine whether the rights under the international human rights
instruments to which Myarunar is a State party are fully enjoyed and to
advise on the reports of Myanmar submitted to the international human
rights treaty bodies.
(4) To study international instruments on human rights to which Myanmar has
not yet been a party to, and to submit recommendations on signing of and
accession to appropriate instruments.
(5) To communicate with the UN organizations and foreign and domestic
bodies engaged in the promotion and protection of human rights.
(6) To extend thematic assistance in promotion of and research into human
rights.
(7) To provide leadership and assistance in the activities on enhancing the
public awareness and knowledge of human rights promotion and protection.
(8) To carry out tasks occasionally assigned by the President in connection with
promotion and protection of human rights.
2
(9) To submit annual reports to the President on the activities of the Myanmar
National Human Rights Commission and developments in the field of
human rights.
In addition, in performing its responsibilities, the Commission is empowered to
summon and question the individuals concerned; to claim and examine the relevant
documents except those specially classified as required by the State, and to visit and
examine scenes of violations.
The Commission, a commission member or an individual assigned by the
Commission shall not be prosecuted criminally or judicially for performing in good faith
the responsibilities vested under Notification No. 34/2011.
The Commission Chairman and its members have the same term of office as the
President and can serve for a second term.
The Rules of Procedure of the Myanmar National Human Rights Commission
1. The Myanmar National Human Rights Commission , which was formed under Notification No.34/204 of 5 September 2011 with a view to promoting and protecting fundamental rights of the citizens enshrined in the Constitution of the Republic of the Union of Myanmar, has established its Rules of Procedures as follows:-
Organizational Matters
2. The office of the Myanmar National Human Rights Commission (hereafter referred to Commission) is situated at No.27, Pyay Road, Hlaing Township, Yangon.
3. The Commission is composed of 15 Members and has set up a secretariat to assist the Commission to successfully carry out its mandate and responsibilities.
4. Regarding the financial resources, the Commission will operate principally from the grant provided by the Government. The Commission may accept donations which are provided unconditionally from other sources. These contributions shall be set up as separate fund to be used systematically.
5. The Commission shall prepare and submit its work programme and budget to the Government to obtain funding and its expenditures shall be in accordance with financial rules and regulation of the Government.
Responsibilities and Competence
6. To formulate programmes for the teaching of and research into human rights and to undertake to enhance public awareness of human rights.
7. To examine national legislative and administrative provisions to harmonize them with the principles of promoting and protecting human rights and make appropriate recommendations to the Government.
2
8. To examine the conformity of a national legislation with the international human rights instruments to which Myanmar is a party and make appropriate recommendations to the Government.
9. To examine the international and regional human rights instruments to which Myanmar has not yet a party and recommend appropriate instruments to which Myanmar should ratify or accede to.
10.To contribute to and provide independent views for the reports, which Myanmar is required to submit to the United Nations bodies and committees and regional organizations.
11. To maintain contacts with the United Nations and its organs and agencies, the regional organizations and the national institutions of other countries which are competent in the area of promotion and protection of human rights.
12. To formulate a procedure to receive complaints easily and expeditiously on violation of the fundamental rights of the citizens enshrined in the Constitution of the Republic of the Union of Myanmar and receive the complaints in accordance with the procedure.
13. To process a procedure for investigating the complaints and to conduct investigation in accordance with the procedure.
14. To interrogate the relevant individuals in conducting the activities of the Commission.
15. To examine the relevant documents except those specially classified by the State and to visit and observe the location where violations take place.
16. After having ascertained the veracity of a complaint through investigations, to transmit the findings of the Commission, together with its recommendations to the relevant department or bodies of the Government.
17. To inform the complainant about the progress made in connection with the complaint.
3 18. To request the department or body concerned of the Government to
apprise the Commission of the actions taken and to inform the complainant about the actions or explanation received.
19.0n receipt of information about violation of fundamental rights of the citizens, to verify the information and, if found correct, to transmit the information together with the Commission's conclusions, to the department or body concerned of the Government for necessary action.
20. To establish working groups necessary, for discharging its functions.
21. To maintain consultations with other bodies responsible for the promotion and protection of human rights.
22. To compile the activities of the Commission and submit them to the President annually and to submit special reports where necessary.
23 .To convene regular plenary meeting of the Commission once a month and to convene special or emergency meetings if required.
Matters related to Meeting
24.In case matters emerge that require urgent action by the Commission in between meetings, a group led by the Chairman, Vice-Chairman and the Secretary of the Commission or a group led by a member assigned by the Chairman shall necessary action and report them to the nearest meeting of the Commission.
25. Members of the Commission are obliged to attend its plenary meetings. In an unavoidable circumstance where some members are not able to attend the plenary meeting, two thirds of the membership will constitute a quorum.
26. In the deliberation of the plenary, representative of the department or body of the Government directly related to the subject under consideration, may be invited to participate as observer without a right to vote.
27. The plenary meeting of the Commission shall ordinarily convene at the office of the Commission. If requires by circumstance, the Commission may convene the plenary meeting at other venues.
4 28. The Chairman of the Commission shall preside over the plenary
meeting and in his absence, the Vice-Chairman shall act as presiding officer. In the absence of both, the Secretary shall preside over the meeting. In the event that all of them are absent, a member of the Commission deputed by the Chairman shall act as presiding officer.
29. The head of the secretariat or any official assigned by the head of secretariat shall attend the meeting to provide support services, both as logistic and subject under consideration.
30. The participants at the meeting shall discuss the relevant matters contained in the agenda and may discuss other matter only with the permission of the president.
31. Decision-making at the Commission meeting shall be based on consultation and consensus. In the event of the failure of every effort to attain consensus, decision shall be made by two thirds majority of the members of the Commission present and voting. (Members present and voting means members casting an affirmative or negative vote. Members which abstain from voting are considered as not voting. )
32.Voting shall be by show of hands.
33.The head of the secretariat or an official assigned by the head of the secretariat shall prepare draft meeting minutes and submit them to the Commission members within the prescribed time limit. The meeting minutes approved by the Commission members shall be distributed to all concerned and kept as record systematically.
34.It is the responsibility of everyone to keep discussions at the meeting confidential and to guard its confidentiality.
35.Should there be direct conflict of interest in the deliberation of the meeting, the member or members involved must not participate in that deliberation.
5
General
36.If there be a need to revise or amend this procedure, the full Commission shall discuss and decide in accordance with the above-mentioned paragraphs 31 and 32 and submit them to the Union Government.
*
nofficial Translation
Republic of the Union of Myanmar
Union Government
Notification
No. 10/2012
The 3rd Waning Day of Tapotwe, 1973,Nay Pyi Taw
( 10 February 2012 )
In accordance with paragraph 9 of Notification No. 34/2011 dated 5 September
2011 of the Union Government of the Republic of the Union of Myanmar on the
establishment of the Myanmar National Human Rights Commission with a view to
promoting and protecting fundamental rights of the citizens enshrined in the
Constitution of the Republic of the Union of Myanmar, the Union Government issues
the following procedures.
Chapter ( I )
Name and Definition
1 This procedure shall be called The Procedures for Accepting and
Investigating Complaints.
2. The term Commission contained in these procedures means The Myanmar
National Human Rights Commission.
Chapter (II)
Accepting Complaints
3 The Commission shall initially examine and decide whether a complaint is
admissible. The decision of the Commission shall be based on the following
criteria:
(a) The purpose of the complaint must be consistent with the relevant
principles and provisions of the Constitution of the Republic of the Union
of Myanmar.
(b) There must be reasonable ground to believe that the complaint contains
genuine violations.
(c) The complaint must come from the following sources:
2
(1) A person or a group of persons or a body reasonably presumed to be a
victim or victims of the violations.
(2) A person or a group of persons or a body who have direct or reliable
knowledge of the violations.
(d) The relevant facts, the objective of the complaint, grievances and the
specific rights violated must be mentioned.
(e) The complaint must be devoid of political motivations.
(f) The complaint must not be based on hearsay and innuendo.
(g) The complaint must be fully substantiated, where necessary, with
supporting photos, relevant documents and, where there have been
interviews, transcripts of the interviews.
(h) The complaint must be devoid of abusive or insulting language against
the persons, bodies or government departments concerned. However, a
complaint is admissible if it meets other requirements, had not abusive
language been used.
(i) The complaint must not be exclusively based on media reports.
(j) Before submission of grievances to the Commission, matters that must be
resolved judicially or by administrative means, shall first be resolved by
the departments concerned.
(k) The complaint may be addressed either to the Chairman or the Secretary
of the Commission.
(1) The complaint, complete with the complainant's name, full address and
attached with a copy of national registration card, may be sent by
registered mail, by e-mail or delivered to the Commission in person.
4. The Commission shall make advance arrangements in co-ordination with the
Ministry of Communication, Post and Telegraph to expedite delivery of
complaints to the Commission.
Chapter (III)
Investigation in connection with complaints
5. A complaint which the Commission considers admissible and as in conformity
with the criteria for accepting complaints is initially examined by the
3
Commission before any contact is made with the individual, bodies and
government departments concerned. The information on the subject matter of
the complaint available through the intemet, press accounts and Non-
government Organizations (NG0s) may also be used in this examination.
6. Findings of the Commission from its, examination together with the complaint
will be transmitted to the individual, bodies and government departments
concerned, requesting response, if any, or any explanation of the incident.
7. If the Commission considers without doubt the response and explanations of
the individual, bodies and government departments concerned to be adequate
regarding the complaints, its considered opinion or a decision to that effect shall
be conveyed to the complainant.
8. If the Commission considers the response of the individual, bodies or
government departments to be unconvincing regarding the complaint, the
Commission shall continue to coordinate and interact with the concerned parties
until a satisfactory solution is found.
9. In the process of coordination and interaction, the Commission may, with the
prior consent of the Ministry concerned, question those implicated, seek
necessary documents, except those specially classified by the State, and observe
the scene of violation for verification purposes.
10. With regard to the visits to scene of violation, the Commission shall coordinate
with the authorities of concerned of the Region, State, Division and self-
administered divisions and regions. If required by security, these visits shall be
coordinated properly with the security bodies concerned. If the scene of
violation is a place of detention, the visit must take place in accordance with the
procedures prescribed by relevant laws.
11. The Commission shall fulfill its mandate of promoting and protecting
fundamental rights and human rights of citizens in a spirit of coordination and
cooperation.
12. The findings of the Commission's investigations, together with its
recommendations and the complaint shall be conveyed to the concerned
4
individual, body or government departments for necessary action, with the
request that the Commission be kindly advised of the action taken.
13. The concerned individual, body or government departments shall inform the
Commission of the actions taken by them. The Commission shall in turn inform
the complainant of the actions and explanations by the concerned individual,
body or government departments.
14. Concerning the complaint lodged with the Commission, the complainant shall
be informed of the actions definitively taken.
15. The Commission shall not investigate a complaint which is under the
proceedings of a court of law. Similarly, the Commission shall not investigate a
complaint that has been finally decided by a court. If the subject matter of the
complaint under investigation by the Commission is brought before a court, the
Commission must cease its ongoing investigations.
16. If necessary to communicate with the Ministries, Government Departments and
Governmental Organizations in connection with these procedures, the
Commission shall do so through the Office of the Union Government.
17. The findings of the Commission's investigations, the actions taken by the
targeted individual, body and government departments concerned and
effectiveness thereof, shall be compiled and integrated into the reports to the
President.
18. The Commission may make revisions and amendments to this procedure as and
when necessary in accordance with its rules of procedure.
By order Signed
(Tin Myo Kyi) Union Government
Letter no. 1/253-ahphaya(human rights)/(6/2012) Date. 10 February 2012
Commission Staff Organizational Diagram Director General
-Logistic -International Instruments - Coordination -INGOs Matters - Research
-Office Facilities -Constitutional Human Rights - Follow up actions -Co-operations with -Library
-Finance Matters -Relations with international, regional,
-Internal Laws Government Department human rights
institutions
- Provision of information
Budgetary Information
The budget is prepared by the Commission independently. The funding is received
through grant from the President's Office. The use of fund is in accordance with
the financial rules and regulations but without prejudice to its independence in
decision making on use. Under the grant, the Commission receives an approximate
quarterly amount of 69 million Kyats (about US$ 745,000. 1 US$ = 870 Kyats).
There has been no auditing so far. Budgetary matters are supervised by the
executive committee composed of the Chair, Vice Chair, Secretary of the
Commission, two other Commissioners and Chief Executive officer.
Curriculum Vitae of U Win Mra
Born on I s' April 1942 in Monywa, Myanmar. Graduated from
Yangon University in 1963 with Bachelor of Arts degree. Joined the Ministry of
Foreign Affairs in 1967. Had served in various capacities in the Ministry and at
the Myanmar Embassies in Bangkok, Thailand, Phnom Penh, Paris, France,
Permanent Missions of Myanmar to the UN in New York and in Geneva
between 1969 and 1992. In 1993 appointed Minister and served as CDA a.i. at
the Myanmar Embassy in Bangkok. In the same year, appointed as ambassador
to Israel where he served for 9 months before being transferred as Permanent
Representative of Myanmar to the UN in New York. Served as Permanent
Representative from 1994 to 2001. During this time, served concurrently as
Ambassador to Cuba and Mexico. In 2001. appointed DC of International
Organizations and Economic Department. MOM. As DC of 10/ECO
Department attended meetings at UN headquarters in New York and in Geneva.
Served as DC of this Department till retirement in August 2007.
Appointed Chairman of the Myanmar National I luman Rights
Commission in September 2011.
1
Bio Data
of
U Kyaw Tint Swe
Vice Chairman
Myanmar National Human Rights Commission
Name: U Kyaw Tint Swe
Date of Birth: 19 February 1945
Education: B.Com (Hans) - Institute of Economics, Yangon
Post Graduate Diploma in International Relations and Development.
Institute of Social Statics (the Nether lands)
U Kyaw Tint Swe, former Ambassador and Permanent Representative of
Myanmar to the United Nations was a career foreign service officer. He joined the Ministry of Foreign Affairs in 1968 as a Third Secretary. He served in various capacities
at the Ministry of Foreign Affairs and Myanmar Embassies in Israel, Malaysia, Germany,
Thailand and Japan. He was Deputy Director General and Acting Director General for
ASEAN Department at the Ministry of Foreign Affairs. Prior to his appointment as
Ambassador and Permanent Representative to the United Nations in 2001, he was
Director General for International Organizations and Economics Department of the
Ministry. He was concurrently Myanmar Ambassador to the United States of Mexico and
the Republic of Cuba. He finished his tour of duty as Permanent Representative in
February 2009 and retired as Ambassador in June 2009. In October 2009 he was
appointed as Representative of Myanmar to the ASEAN Intergovernmental Commission
on Human Rights (AICHR). He was appointed to the current position of Vice Chairman
when the Myanmar National Human Rights Commission was established on 5 September
2010.
a.
11 1
U SIT MYAING
Commission-Secretary, MNIIRC
Nationality Myanmar
Religious Buddhist
Date of Birth 121h April 1949
Education B.Sc (Phys:)
Married Status
-
Married
Language
-
Myanmar (Mother tongue)
English (Basic Practice)
Previous career 1972-1998 - Military Officer
1998-2008 - Directors General Department of Social
Welfare, Ministry of Social welfare Relief and Resettlement
- 1998-2008 - Secretary of Myanmar National Committee on the Right of the child.
1998-2008 - Secretary of Myanmar National Committee on Women's affairs.
- 2001-2003 - Member of the drafting Committee of anti-trafficking law.
1999-2008 - Member of the central Committee on drug control.
National Focal Point on ASEAN senior official meeting on Social welfare and Development (SOMSWD)
- 1998-2008 - Member of Central Council of Myanmar Redcross Society.
Curriculum Vitae of U Tun Aung Chain
Name U Tun Aung Chain
Date of Birth - 7-1-1933
Educational Qualification - M.A
Present Position - Member
Myanmar National Human
Rights Commission
Work Experience;
Department of History, Yangon University (1954-1993) ,
Professor of Head(1978-1993), Secretary, Myanmar Historical
Commission,(1992-2008), Director, SEAMEO Regional Centre for
History and Tradition, (2000-2008),Member, Myanmar Academy of
Arts and Science,( 1990 )
23
5
U HLA MITINT
Member, Myanmar National Human Rights Commission
Previous professional career:
2011 Member, Myanmar National Human Rights Commission 2010-2011 Eminent Person of Myanmar to ASEAN Regional Forum 2008-2010 Ambassador of Myanmar to Australia 2006-2008 Director-General, International Organizations & Economic
Department, Ministry of Foreign Affairs 2005-2006 Director - General, Training, Research & Foreign Languages
Department, Ministry of Foreign Affairs. 1980-2005 Served in various capacities at Myanmar Embassies and
Permanent Missions in Switzerland, United States of America, South Africa and Australia.
1974-1980 Deputy Township Officer. Ministry of Home Affairs 1970-1974 Assistant Teacher, Ministry of Education
Other experiences: Member of Myanmar Delegation to 13 Sessions of the United Nations General
Assembly from 1992 to 2001 and 2007 to 2009. Member of Myanmar Delegation to the First Session of the Human Rights Commission, Geneva, 2006 and Member of Myanmar Delegation to International Labour Conferences in 2006 and 2007. Attended many other multilateral conferences, seminars, workshops and round-tables on human rights. disarmament and security, and humanitarian issues throughout the career.
Education: Studied at Johns Hopkin University, Washington, USA for a Master Degree in Public
Policy as a Fulbright Scholar 1988-1989. Obtained Bachelor of Arts Degree from the Rangoon Arts and Science University in
1969.
CURRICULUM VITAE
DATE OF BIRTH
PLACE OF BIRTH
EDUCATION
SAW KHIN GYI
(1)Professor (Retd)
(2)Member, Myanmar National Human Rights Commission
26 February 1945
Kyaukme .Northern Shan State
M.A (History)(Mandalay University)
M.A (Political Science) (Northern Illinois
University) U.S.A
1971 -2006 - Teaching Staff at History Department and International Relations Department at universities
NAME
OCCUPATION •
CAREER
7 Curriculum Vitae of U Khwah Htiyo
Name U Khwah Htivo
Father's Name U Bil Thuan
Date of Birth 2-8 - 1951
Nationality Myanmar
Religion Christian (Catholic)
Height 5' 6"
Education I.L.B
Experiences 1974-1983 Lower Divisional Clerk
1985-1997 Law Officer Grade-4
1997-2005 Law Officer Grade-3
2005-2009 Assistant Director at Chin State Law Office
2009-2010 Deputy Director at Chin State Law Office
2010-2011 Director at Chin State Law Office
Current Position Member, Myanmar National Human Rights
Commission
Marital Status Married with (5) children
C V of U Tin Nyo, Member, Myanmar National Human Rights Commission
Name: Date of Birth: N RC No. Race / Religion: Father's Name; Birth Place: Address:
U Tin Nyo 7th June 1941 OPO 004894 Hamar, Myanmar /Buddhist U Ba Yin Okpo, Tharyawady District No,(1)Basic Education High School, Lanmadaw Campus Lanmadaw Township, Yangon Ph. 95.1-645668,
Educational Qualification • BA (Ed). B Ed, M Ed, Yangon Institute of Education (1972) Passed with Credit
Career: 1963 -1972 1972 -1995
1996 -1997 1997 -1998 1998 -2005
Senior Teacher, Othegon SHS and Okpo SHS, Research Assistant to Senior Education Research Officer, Myanmar Education Research Bureau (MERB) Acting Chairman, (MERB) Chairman, (MERB) Director General, Department of Basic Education No.(1)(DBE-1)
Membership in Professional Associations/Committees/Commission: • Assistant National Director , Education Sector Study (ESS), 1992-1993 • Chairman, ASEAN Sub-Committee on Education, (ASCOE) ,1999-2000 • National EFA Coordinator, UNESCO 2002- present • National ICT Coordinator, UNESCO 2003- 2006 • EC Member, Myanmar Academy of Arts and Science. (MAAS), 2003-present • Advisor, Border Development Association, BDA, • Vice President, Governing Board, Pyinnya Tazaung Magazine, 2012 —present • Member, Myanmar National Human Rights Commission, 2011- present
Training Abroad: (1) UNESCO Training Course for Educational Planning and Management.
Thailand, Philippine, Sri Lanka and India (..) TV Production for Edu. and Dev., Open University , UK July /November'85
Seminars , Workshops and Meetings/Delegation (1) International and regional seminars/ workshops/meetings related to EFA/NFE (1) International and regional meetings related to CRC and Child Rights (2) Regional meetings related to ASEAN and SEAMEO (3) Regional meetings related to ICT (4) Education Delegation to Japan
Consultant/Resource Person • Consultant; UNDP, ACCU, ARDC, SC • Resource Person; Regional and National Workshops on NFE,ICT,EFA
Daw San San 28th November 1949 Myanmar Burma/ Myanmar, Buddhist Member, Myanmar National Human Rights Commission, Director, retired (2010),Ministry of Labour, Deputy Head, Department of Disciplinary, Myanmar Women Affairs Federation - MWAF
7. Education B. Sc (Science) , Diploma of International Law-DIL, I" Year R.L,
8. Contact No.
Ph .( R)951 - 212397, (0)01-654667 H/ P - 09421027204 E mail - dssan.nov(c4mail.com
9. Knowledge and Experiences 33 years services of experiences and knowledge in the field of ILO and ASEAN Labour Affairs.
10. Seminars Workshops, Conferences and Delegations Participated at the following International Conferences, workshops, Seminars and Meetings- - Training of Manpower Planning Research work at the International
Applied Manpower Research Institute-IAMR, India, 1986.(Certificate) Woman and Development Workshop Seminar, in Bangkok, Thailand by the collaboration of ILO/ ESCAP, (Certificate) 4th Human Resources and Development Programme for Official Form ASEAN, at the Central Officials Training Institute- COT!, Seoul, Republic of Korea, (Certificate) 90th International Labour Conference- ILC, held in Geneva, Switzerland, in the year 20024 as an Advisor Status) 91" International Labour Conference- ILC, held in Geneva, Switzerland, in the year 2003. ( as an Advisor Status) 20th Anniversary of Alumni Home Coming and International Meeting held in Seoul, Republic of Korea, 2004. (as an Expert ) Workshop seminar on "ICT, Women and Development", held in Bangkok, Thailand, (Certificate) "Strengthening of Social Protection System hi ASEAN Region", Seminar held in Indonesia, (Certificate) 5th : ASEAN High Level Labour Officials Meeting, Indonesia 2007.(as an expert status) Workshop Seminar of Trans-border Migrant Workers, in Bangkok, Thailand. "Migrant Workers Management Conference", Bangkok, Thailand, 2008 (as an expert status). Conference on Trade Liberalization and trans-border Migrant Workers, Bangkok, Thailand. 42" Session of Convention Discrimination Against Women-CEDAW. (As an Expert status )20008, Geneva, Switzerland. Study Tour to National Human Rights Commission , India, Commission on Minorities, India, New Delhi, 2012. Certificate of English Language, from the International Foreign Language, Yangon. Certificate of Employment Exchanges in Services Training of Manpower Planning under ( UNDP / ILO / University of Economic). Certificate of Labour Market Analysis s and HRD Planning Implementatior Training under ( ARTEP /ILO / MOL ).
1. Name 2. Date of Birth 3. Nationally 4. Race/ Religion 5. Present Designation 6. Career
2 Certificate of participation in the Social Science Methodology and Asian Studies Training Programme, from the Myanmar Scholars Group, 2006. Certificate of participation in Human Resource Development Planning and Labour Market Analysis conducted jointly by ILO- ARTEP, 1993.
CURRICULUM VITAE
NAME : LAHPAI ZAU GOONE
OCCUPATION : Member, Myanmar National Human Rights
Commission
DATE OF BIRTH 13 January 1947
PLACE OF BIRTH Kutkai, Northern Shan State
EDUCATION Bachelor of Arts (English)
Mandalay Arts and Sciences University
CAREER 1970 - Proof Reader cum Junior Editor, the Working
People' s Daily News
1971-74- Tutor, English Department, Myitkyina College
1974 - Joined the Ministry of Foreign Affairs
1979-83- Second Secretary / Assistant Commercial Attache', Myanmar Embassy, Tokyo.
1984-85- Attended Young Diplomats Training Program sponsored by the Government of Japan in Tokyo.
1986-88- Assistant Director, East Asia and Pacific
Division, Ministry of Foreign Affairs.
1988-93- Deputy Chief of Mission cum Deputy
Permanent Delegate to UNESCO,
Myanmar Embassy, Paris.
1993-97 - Director, East Asia and Pacific Division,
Ministry of Foreign Affairs, Yangon
Biography of Dr Nyan Zaw
Dr. Nyan Zaw was born in Chaung zon province of Mon State on 14
December 1952. He is a Mon National and he holds a Bachelor' s Degree in
Medicine. He joined the Civil Service in 1984 as an assistant Medical Officer in
Kayin State and served in various parts of the country, tending to the ill and infirm,
until his retirement as State Medical Superintendent of Mon State in August of 2010.
During his service years, he attended a Disaster Management Course at Asian
Institute of Technology in Bangkok Thailand. He is a dedicated medical practitioner
well tuned to relief and rehabilitation works. He is married and has (3) children. At
present, he is serving as a member of the Myanmar National Human Rights
Commission.
1997-2002- Minister - Counselor / Deputy Chief of Mission, Myanmar Embassy, Tokyo.
2002-2005- Director, Protocol Department, Ministry of Foreign Affairs, Yangon.
2005-2007- Minister — Counselor, Deputy Chief of Mission, Myanmar Embassy, Moscow, Russia till retirement.
Attended several conferences and
Participated in many State visits as member of Myanmar delegate.
U Than Swe was born in Shwebo township in November of the year 1942. He graduated from the Rangoon University with a Bachelor's degree in forestry in 1964 and joined the Department of Forestry, Ministry of Forestry in 1965. He was sent on a scholarship course to Aberdeen University in United Kingdom from 1970 to 1972 from where he graduated with a Master's Degree in Ecology in 1972.
He served in various capacities and in various assignments in the Ministry of Forestry before he took his superannuation pension with the rank of Director General of the Department of Forestry. After his retirement he served as an honorary member of the Board of Trustees of Hninzigone Old Aged home, where he spent most of his spare time in voluntary work. He is still serving there, I le is married to Professor (Retd:) Dr. Daw Khin Aye Win and has two daughters. He is at present serving as a member of the Myanmar National I human Rights Commission.
311-
Biography of Dr.Daw Than Nwe
Dr. Daw Than Nwe was born in Yedarshwe Tounship of Bago Division in January of
the Year 1944. She attented High School in Pyinmana Township before joining the
Rangoon University in 1960 where she got her Bachelor degree in Arts, also a
Bachelor's degree in law. She joined the Rangoon University as a tutor in the law
Department and in the ensuing years rose up the ladder to become the Professor and
Head of the Department of Law. During her term as a lecturer, she was awarded a
scholarship to study at the University of London, from where she got a Master's Degree
in Law. For her unstinting work and devotion to academic life, she was awarded the
Doctor of Literature by the Yangon University.
Dr. Daw Than Nwe was and is still greatly involved in Women's and Children's
Affairs, and she is at present a member of Myanmar's CEDAW and CRC committees.
She is also a member and advisor in the Myanmar Women's Affairs Federation, an
NGO that is looking after the affairs of women in Myanmar. She is also a member of
the Arts' and Sciences' Academia Association. She is still actively engaged in teaching
and is an honorary professor in the Department of Law.At present she is a member of
the Myanmar National Human Rights Commission.
The Republic of the Union of Myanmar
Myamnar National Human Rights Commission
x,,,--Acy.aw., 9.. titriHRc
ii k#1k `4 4r V S. Nar V
44,1.40..
Activities of the Myanmar National Human Rights Commission
( 5 September 2011 to 31 January 2012)
Date: 31 January 2012
Irangon
3(2
CONTENTS
Sr.No Subject Page
1. Formation of the Commission 1-2
2. Mandate of the Commission 2-3
3. Funding 3-4
4. The functioning of the Commission 4
5. Types of complaints handled and how 4-7
6. Activities of the Commission 7-12
7. Future Plans 12
8. Annexure
9. Photo
Activities of the Myanmar National Human Rights
Commission since its creation on 5 September 2011 until ,
31 January 2012
Formation of the Commission
The Myanmar National Human Rights Commission was established on 5 September
2011 by Notification No. 34/2011 of the Government of the Republic of the Union of ,
Myanmar with a view to promoting and safeguarding the fundamental rights of the citizens
enshrined in the Constitution of the Republic of the Union of Myanmar. Its establishment
was based on the principles relating to the status of national institutions ( Paris Principles )
contained in United Nations General Assembly Resolution A/ Res/ 48/ 134. Taking into
consideration the principle of pluralism, the Commission was formed with the following
fifteen retired persons from different professions and various national races as members:
1. U Win Mra Chairman
Ambassador (Rtd.)
2. U Kyaw Tint Swe Vice- Chairman
Ambassador(Rtd.)
3. U Tun Aung Chain Member
Professor (Rtd.), History Department
4. U Hla Myint Member
Ambassador (Rtd.)
5. U Than Swe Member
Director-General (Rtd), Forestry Department
6. Dr. Nyan Zaw Member
State Medical Officer (Rtd.)
7. Dr. Daw Than Nwe Member
Professor (Rtd.), Law Department
8. Daw Saw Khin Gyi Member
Professor (Rtd.), International Relations Department
9. U Tin Nyo Member
Director-General (Rtd.), Basic Eduacation Department
10. U Khwah Htiyo
State Attorney ( Rtd.)
Member
36
2 11. U Khin Maung Lay Member
Director (Rtd.) Labour Department
12. U Lahpai Zau Goone Member
Minister-Counsellor (Rtd.)
Ministry of Foreign Affairs
13. U Nyunt Swe , Member
Deputy Director-General (Rtd.)
Ministry of Foreign Affairs
14. Daw San San Member
Director (Rtd.), Labour Department
15. U Sit Myaing Secretary
Director- General (Rtd.)
Social Welfare Department
Mandate of the Commission
Under Notification No. 34/2011 dated 5 September 2011 of the Government of the
Republic of the Union of Myanmar, the Myamnar National Human Rights Commission is
vested with the following responsibilities and competence;
(1) To receive communications on the violations of the fundamental rights of
citizens enshrined in the Constitution of the Republic of the Union of
Myanmar, to investigate them and to convey the findings to the relevant
government departments and bodies for necessary action.
(2) On receipt of information on violations of the fundamental rights of citizens, to
verify the information and to convey the findings of the investigation to the
relevant government departments and bodies for necessary action.
(3) To examine whether the rights under the international human rights instruments
to which Myanmar is a State party are fully enjoyed and to advise on the
reports of Myanmar submitted to the international human rights treaty bodies.
(4) To study international instruments on human rights to which Myanmar has not
yet been a party to, and to submit recommendations on signing of and
accession to appropriate instruments.
(5) To communicate with the UN organizations and foreign and domestic bodies
engaged in the promotion and protection of human rights.
3 To extend thematic assistance in promotion of and research into human rights.
To provide leadership and assistance in the activities on enhancing the public
awareness and knowledge of human rights promotion and protection.
To carry out tasks occasionally assigned by the President in connection with
promotion and protection of human rights.
To submit annual reports to the President on the activities of the Myanmar
National Human Rights Commission and developments in the field of human
rights.
In addition, in performing its responsibilities, the Commission is empowered to
summon and question the individuals concerned; to claim and examine the relevant
documents except those specially classified as required by the State, and to visit and examine
scenes of violations.
The Commission, a commission member or an individual assigned by the Commission
shall not be prosecuted criminally or judicially for performing in good faith the
responsibilities vested under Notification No. 34/2011.
The Commission Chairman and its members have the same term of office as the
President and can serve for a second term.
The Commission is the first national level independent human rights body established
in Myanmar. It is independent of the Government in implementation of its responsibilities
and supported by a secretariat composed of the following five divisions.
1. Planning and Finance Division
2. Human Rights Policy and Legal Division
3. Human Rights Protection Division
4. International Relations Division
5. Human Rights Promotion and Education Division
The Members of the Commission are specifically assigned to provide guidance to these
divisions to ensure effectiveness and impact in their work.
Funding The Commission receives its funding from the government adequately in grant form.
However, it is independent in its decision on use of the fund. It may receive funding from
outside sources without any conditions attached for the purpose of financing its work to
promote and protect human rights. Although the Commission is not subject to financial
4-0
4 control, the use of funding shall be systematically accounted for according to the existing
financial rules and regulations..
The functioning of the Commission
As per the above-mentioned mandate, the Commission has drawn up its rules of
procedures and complaint and investigation procedures. The plenary is the highest organ and
is held once in a month. It consists of all members of the Commission. Two thirds of the
membership constitute c a .quorum if some members are not able to attend due to unavoidable )
circumstances. Being the highest authority, the Plenary takes all the important decisions on
both procedure and substance. The Plenary operates on the basis of an agenda, agreed to by
the Commission. Special and emergency meetings can be held if required. If the
circumstances require urgent action by the Commission, a group led by the Chairman or the
Vice-Chairman or the Secretary takes necessary action and report it to the nearest meeting of
the Commission. Besides Plenary sessions, daily meetings are held to handle complaints.
Four members of the Commission are assigned by rotation to sit in the daily meetings
presided over by the Chair or the Vice-Chairman or the Secretary. Being open-ended, the
daily meetings can be attended by other members as well. The Commission held its inaugural
meeting on 12 September 2011 and has held a total of 9 Plenary meetings and has held a total
of 44 daily meetings until December 2011.
Types of complaints handled and how
Complaints began to reach the Commission within a few days after establishment. The
Commission's establishment had generated a great deal of interest both inside and outside the
country and raised hopes for improving the situation of human rights in the country. The
Commission's mandate is not confined to a particular set of human rights and enables it to
handle complaints about all violations of fundamental and human rights enshrined in the
Constitution of the Republic of the Union of Myanmar. On 4 October, the Commission made
an announcement in the newspapers on how complaints may be lodged with the Commission
and on the type of complaints which the Commission is competent to handle and the
requirements for a complaint to be admissible. Arrangements for accepting a complaint are
made, based on the principle of easy and expeditious access to the Commission. Not only a
direct victim of violations, but any person or a group of persons or a body with direct or
reliable knowledge of the violations can send a complaint to the Commission. The complaint,
5 however, must be fully substantiated with supporting photos, relevant documents and, where
there had been interviews, transcripts of them as well. A complaint received at the
Commission by post, or by fax or through personal delivery is systemically registered by
Human Rights Protection Division and submitted to the daily meeting of assigned
Commission members for consideration. A complaint is not considered if it is under the
proceedings of a court of law or it has been finally decided by a court.
If the subject matter of the complaint under investigation by the Commission is brought
before a court, the Commission ceases its ongoing investigations. Nevertheless, the
Commission can address such complaints if they are violations of fundamental and human
rights or breach of due process of law .After consideration by the Commission, the complaint
is sent to the Ministry concerned, with the comments of the Commission through the Office
of the Union Government for necessary corrective action.
As its mandate shows, the Commission has the power to investigate, which includes,
among others,
- visits to scenes of violations,
- questioning those implicated and complainants and
- claiming necessary documents, except those specially classified by the State.
The investigation of a complaint is done in accordance with the Evidence Act and the
Code of Criminal Procedure and the Code of Civil Procedure.
Based on the findings of the investigation, the Commission puts up appropriate
recommendations to the Ministry or the body concerned through the prescribed channels.
Despite its mandate to investigate, the Commission has no enforcement power and it is the
responsibility of the Government to act upon the recommendations. In cases of complaints
against an individual or a private entity such as an organization or a company, the
Commission has two options. The first option is to mediate between the two sides and, where
the actions of the accused party are related to a Government Ministry, to convey its findings
to that particular Ministry.
From 30 September to 30 December 2011, the Commission received 1037 complaints,
out of which, 665 complaints had been considered at the time of reporting. The Commission
42.
6 had already communicated and coordinated with the Ministries, bodies and individuals
concerned on 405 out of 655. complaints that had been considered by the Commission. Out of
1037 complaints,
71 complaints concerned the Union Government Ministries, Region or State
Governments, and
334 complaints were against individuals and private entities.
250 complaints were merely copies of those sent to other destinations such as the
President's Office, the-Office of a Chief Minister etc. Consequently they were placed on
record. At the time of this report, 382 complaints remained to be examined by the
Commission.
The majority of the complaints received during the period under report are complaints
about disputes over various types of land such as paddy fields, pasture land, garden land,
virgin land and alluvial land. The purposes of the complaints are to regain possession of the
land confiscated by the Tatmadaw or private companies or to be fully compensated or to be
provided with substitute land.
Some complaints concerned the matters which were under the proceedings of a law
court or which had been finally decided. Such complaints mostly concerned misdeeds by
both judges and attorneys or breach of due process of law.
The complaints against township and district level government authorities were
equally large in number.
In addition, the Commission received complaints on the following:-
Problem between landlords and tenants
Wrong treatment, medical malpractices and resultant suspicious deaths at private
clinics
Disputes between land holders , tenants and construction companies and
contractors, and transgression of land
Grievances about pension rights
Maltreatment of students at schools
Appeal for the release of some particular prisoners
Appeal by those dismissed during the 1988 crisis for reemployment
Confiscation of agricultural land
Coercion and maltreatment by village and ward authorities in certain Regions and
States
14-1
7 Dismissal from work at Government Departments without the required
Preliminary Enquiry-and Departmental Enquiry
Disputes among fishermen over auction of lakes
Dispute over severance pay and terms at an NGO
The complaints received at the Commission also included anonymous letters,
unsigned complaints and complaints on nuptial problems.
In handling complaints, the Commission ensures above all that action of the
Commission is expeddioils and serves the best possible interest of a complainant under the
prevailing circumstances.
Activities of the Commission
In the current context, the Commission was able to focus only on urgent issues and
major concerns. In the interest of aggrieved complainants, complaints are regarded as urgent
issues and they were accordingly examined as quickly as possible. The issue of prisoners,
including what the international community refers to as "prisoners of conscience" and ethnic
situation, in particular, the situation in the Kachin state are considered as issues of both
domestic and international concern. The Commission, therefore, had explored all avenues to
be able to play an effective role on them.
On 10 October 2011, the Commission requested the President of the Republic of
the Union of Myanmar in an open letter for the release of those prisoners who do
not pose a threat to the stability of State and public tranquility in the interest of
national races so that they can participate in whatever way they can in the nation-
building tasks of the present.
The President had granted amnesty to 6359 prisoners on 11 October 2011.
On 12 November 2011, the Commission sent another open letter to the President.
The letter mentioned, among others :-
That there had been assertion by the Secretary-General of the United
Nations and a number of countries that there were nearly 2000 of what is
referred to as "prisoners of conscience " and that out of 6359 prisoners
released, there were approximately 200 prisoners in the said category
and
That after enquiry by the Commission with the relevant ministries, of
the nearly 2000 prisoners referred to as "prisoners of conscience "only
44-
8 about 500 were actually in the prisons. Out of the approximately 500 on that list , . some 200 were released under the amnesty.
The Commission finally appealed in that letter that the said prisoners be
included in a subsequent amnesty.
As regards the issue of prisoners, to sum up, the Commission was able to strive for
their release as well as to ascertain the number of those prisoners referred to as "prisoners of
conscience ".
A four-menibet team of the Commission headed by its Secretary visited the
Kachin State from 8 to 10 December 2011 in order to observe firsthand the civil
population who were displaced as a result of armed skirmishes that had occurred
since June 2011 with a view to ascertain their condition in camps that were under
the supervision of the Kachin State Government and also to make a needs
assessment. The team went to Myitkyina, Waing Maw and Bamaw townships and
met with the responsible authorities, visited Buddhist monasteries and Christian
Churches, met and interviewed the displaced persons, visited the Myitkyina
Generable Hospital and interviewed the patients. The team also visited the
Myitkyina Prison and met the prisoners in every prison ward. Particularly
important is the fact that the team was able to liaise and coordinate with the
concerned authorities and persons to enable the distribution of humanitarian
assistance by the Kachin State Government, UN agencies and Civil Society
Organizations to the displaced persons in and around Laiza. The findings of the
team during the visit were released in a statement on 13 December 2011 that was
published in the State newspapers. The statement carried the following important
recommendations:-
that the use of landmines which cause grievous harm to innocent civilians be
avoided,
that business enterprise in the Kachin state makes donations,
that the armed groups strive for the restoration of security and stability to
the region,
that congestion issue in the Myitkyina prison be addressed at the earliest
opportunity,
that programmes for all religions be provided in the prison in addition to the
current programmes,
9 that the peace negotiations be continued until a successful conclusion is
reached, and
that the Kachin Independence Army(KIA) respond in equal measures to the
President's instruction to the Tatmadaw to cease offensive operations
against the MA.
On 27 December 2011, an eight-member team from the Commission led by the
Chairman visited Insein Prison. The team was first briefed by the prison authorities on:-
number ofrf inmates
types of prisoners
strength of the prison staff
accommodation of the prisoners
daily provision of meals
provision of health care services, and
activities being carried out in the interest of the inmates, such as
arrangement of meditations sessions, provision of language training and
computer training.
Afterwards, the team toured the premises of the prison and observed prison cells,
classes, language training classes, computer classes and also the so-called " dog cells".
During the tour, the team had the opportunity to interview some prisoners.
After the tour the team met three prisoners who were among the recent hunger strikers. The
team frankly asked them in connection with the allegations that:-
they were deprived of drinking water and maltreated during the strike, and if they
were subjected to any acts of torture.
They denied all the allegations though they stated that there were some instances of these
acts while they were being interrogated in detention.
On 28 December, the team visited Hlay Hlaw Inn Yebet Prison Labour Camp.
l'risoners were gathered in one building and met by the Commission team. They expressed
their grievances and inconveniences openly and fearlessly in the presence of the camp
authorities. The Commission members therefore were able to make appropriate suggestions
to the authorities who in the prisoners' presence assured the Commission members that they
would take the necessary corrective action as immediately as possible.
46
10 The findings of the Commission on the visits, together with its observations and
recommendations were published in the Commission's statement issued on 30 December
2011. In the statement, the Commission expressed the hope for further release of prisoners.
Also recommended in the Statement are the following, among others:-
The Commission finds that the prison congestion is an important source of
grievances which should be addressed in a timely manner.
Bible studies for Protestants and Confessional and Communion services for
Catholic(and suitable religious programmes for Muslims and Hindus should
also be organized.
Concerning the allegations on "dog cells", the Commission categorically stated in its
statement that they were untrue and the hunger strikers were each held in cells measuring 10
Feet by 20 which were clean and properly ventilated.
On promotion of human rights, the Commission conducted many activities such as
visits to foreign countries, conduct of workshops, meetings with visiting foreign dignitaries,
ambassadors and United Nations and INGOs representatives concerning the work of the
Commission and its potential role both in promotion and protection of human rights and in
contributing to the current reform and democratization process of the country.
From 20 to 24 November, Chairman U Win Mra and members U Hla Myint, Dr. Daw
Than Nwe, U Kwha Hti Yo and U Khin Maung Lay paid a study visit to the Philippines
under the sponsorship of UNICEF in Myanmar. The Commission Delegation met and had
discussions with the following organizations of the Philippines.
- The Commission on Human Rights of the Philippines.
- The Presidential Human Rights Committee.
Ateno Human Rights Centre.
Council for Welfare of the Children.
- CRC — NGO Coalition.
- CEDAW Watch Network.
Humanitarian Legal Assistance Foundation.
- Women and Gender Institute. -
The Commission is making every effort to set up contacts with domestic and foreign
organizations engaged in human rights field. Since its inception, the Commission received
the following delegations and exchanged views with them to begin cooperation with them on
human rights.
La
11 The Delegation led by Indonesian Foreign Minister
Special Advisor of the United Nations Secretary-General
Assistant Secretary of State of the United States
Special Envoy and Coordinator for Myanmar of the United States
Delegation from the European Union
Delegation from the Raoul Wallenberg Institute, Sweden
Delegation from the Netherland Foreign Ministry
Delegation from Frierdrich Ebert Stifutung
The following ambassadors and UN and INGO representatives called on the Chairman
of' the Commission;
The British Ambassador to Myanmar
The French Ambassador to Myanmar
The Australian Ambassador to Myanmar
The Chinese Ambassador to Myamnar
The Brazilian Ambassador to Myanmar
Canadian Ambassador to Myanmar, resident in Bangkok
Charge' d' affairs, United States Embassy
UNICEF, UNHCR Representatives in Yangon
Representatives of International Labour Organization
Representative from ICRC
Director, Human Rights Watch, Washinton
Representative of Save the Children
Representative from Centre for Humanitarian Dialogue
On 30 January 2012, Chairman of the Commission also received Mrs. Janalle Saffing,
Member of Australian Parliament.
To raise awareness of human rights in the country, the Commission actively
participated in the conduct of workshops on human rights by UN agencies. From 14 to 15
November 2011, the Commission participated in organizing a Human Rights Workshop for
Myanmar Government Officials in Sedona Hotel, Yangon under the sponsorship of Regional
Office for South-East Asia of the United Nations High Commissioner for Human Rights
Office, Bangkok. Thirty two officials from various ministries attended the workshop.
Sponsored by UNICEF in Yangon, another workshop on child rights and human rights
education was held in Trader Hotel, Yangon from 16 to 18 January 2012. Plans are being
12 made to organize another workshop on national human rights institutions (NHRIs) in April 2012.
Future plans
In the Commission's future plans, to build up the capacity of the Commission is a
matter of priority. Having learnt valuable experiences of the Commission on Human Rights
of the Philippines and the active and effective role being played by the NGOs in the
Philippines, the Commission plans to engage the NGOs and INGOs in Myanmar which are
involved in the field °Allman Rights. As part of this plan, arrangements are being made to
organize talks on human rights at the Office of the Myanmar National Human Rights
Commission with representatives from NGOs and INGOs periodically. The Commission will
visit Thailand and Malaysia in February 2012 and Indonesia and India in March with a view
to learning the experience and effective practices of those human rights commissions. The
Commission also plans to identify appropriate international human rights instruments with a
view to recommending to the Government to accede to them.
The Commission's establishment is part of the political, economic and social reforms
currently taking place in the country. The Commission, in its capacity as an independent
national level body on human rights, is determined to contribute to that process by taking
initiatives and acting proactively to improve the human rights situation in the country.
Concerning the issue of prisoners, the Commission has consistently appealed for their
release. In line with the present policy of good governance, rule of law and respect for human
rights, the President demonstrated its political will and magnanimity to respond to the wish
()I' the international community and the Myanmar people. On January 2012, the sentences of
the prisoners in various prisons were commuted through a presidential amnesty order. On 13
January 2012, 651 prisoners were released, including those whose release had been
advocated by the United Nations Secretary General and some western countries. The
Commission is heartened by the outcome and resolved to strive for the improvement of
human rights situation in the country.
Myanmar National Human Rights Commission
I hite: 31 January 2012
Open letters, statements and announcement
by
the Myanmar National Human Rights Commission
The Rebullic Of the Union of Myanmar
Myanmar National Human Rights Commission
Accepting of complaint
The Myanmar National Human Rights Commission has been established to promote and protect the fundamental rights of citizens enshrined in the Constitution of the Rebullic of the Union of Myanmar and it has opened its office at No.27, Pyay Road, Hlaing Township, Yangon .
2. Any citizen may send complaint to the Myanrnar National Human Rights Commission when his or her fundamental rights in the Constitution of the Rebullic of the Union of Myanmar are violated. The following facts must be stated completely in the complaint: -
(a) Complainant' s name , full address and contact address ( If any , phone, fax and e-mail ),
(b) Full account of how the Complainant' s rights were violated, and
(c) Signed admission that the facts stated in the complaint are true.
3. The complaint, attached with copy of the Complainant' s national registration card , must be addressed to the Secretary of the Myanmar National Human Rights Commission and may be either sent by registered mail or delivered to the Commission in person.
The facts under above-mentioned paragraph 2 (a) , (b) and (c) are necessary to be mentioned completely so that the Commission will be able to deal with the complaint effectively.
Matters that have been brought before a court or under the proceedings of a court of law and matters that have been finally decided by a court are not relevant under this announcement.
(. In its examination of the complaints which are received , the Commission will, if and when.- necessary, interview the complainant.
If the Commission concludes that the alleged violations of the fundamental rights in the Constitution against a citizen are true , it will take steps in accordance with its rules of procedure to promote and safeguard the fundamental rights.
Myamnar National Human Rights Commission
1 )ate: 6 October 2011
SZ
It °quest submitted in open letter by members of the Myanmar National Human Rights Commission to the President of the Republic of the Union of Myanmar
M , President,
In a series of steps you have taken in fulfillment of the hopes of the people for good governance, clean government, flourishing of democratic practices, fundamental rights of citizens, rule of law, transparency and accountability, one perceptible step is the epitablishment of the Myanmar National Human Rights Commission on 5 September 2011. It is believed that its establishment is welcomed and supported by the people of M yanmar.
The establishment of the Commission is based on the principles relating to the status of national institutions ( Paris Principles) contained in United Nations General Assembly resolution A/RES/48/134. Our Commission is the fifth of its kind in the ten-member countries of ASEAN.
1, Myanmar National Human Rights Commission is formed with a view to promoting and safeguarding fundamental rights of citizens enshrined in the Constitution of the Republic of the Union of Myanmar. It is vested with the competence and responsibilities which include receiving complaints on violations of fundamental rights of citizens, investigating them and communicating its findings to the relevant departments and bodies of the Government for further action. Since its inception, the Commission is fully resolved to perform its responsibilities to promote and protect the fundamental rights of citizens.
4. The establishment of the Myanmar National Human Rights Commission is meant to promote and protect the fundamental rights of citizens enshrined in the Constitution. It can also be regarded as fulfilling the hope and aspiration of the international community.
c. Furthermore, the expectation of the Secretary-General of the United Nations and a number of countries is the release of what is referred to as "prisoners of conscience". The Commission recognizes and appreciates the position of the Government that these are prisoners who have been sentenced to imprisonment for contravening the existing laws.
rt The release of those prisoners, convicted for breach of the existing laws, who do not pose a threat to the stability of state and public tranquility in the interest of national twes will enable them to participate in whatever way they can in the nation- building
ito41(s
/ For these reasons, Myanmar National Human Rights Commission humbly requests tho President, as a reflection of his magnanimity, to grant amnesty to those prisoners and relonse them from the prisons.
10 ( )ctober 2011
Respectfully
Sd/
(for) Members of Myanmar National Human Rights Commission
(Win Mra)
Chairman
Open Letter to the President of the Republic of the Union of Myanmar
by the Myanmar National Human Rights Commission
Mr. President,
1 Myanmar National Human Rights Commission had in an open letter dated
10, October, 2011 submitted an appeal for the release of prisoners by granting
amnesty to them. In our submission, Myanmar National Human Rights Commission
humbly requested the President, as a reflection of his magnanimity to grant amnesty
to those prisoners, convicted for breach of existing laws, who do not pose a threat to
IN) stability of State and public tranquility, in the interest of national races to enable
them to participate in whatever way they can in the nation-building tasks.
2, The Commission is greatly heartened that the President on 11 October 2011
grunted amnesty to 6359 prisoners.
3, The fact that the Myanmar National Human Rights Commission had made a
Nuhmission for amnestying the prisoners and that the Government had granted the
amnesty received widespread support and welcome both domestically and
internationally. It has, in our opinion, generated greater interest in and recognition
of t he Myanmar National Human Rights Commission.
4. At the same time, there had been assertion by the Secretary General of the
1riited Nations and a number of countries that there were nearly 2000 of what is
referred to as "Prisoners of Conscience". It has also been asserted that out of 6359
prisoners released, there were approximately 250 prisoners in the said category.
In this regard, Myanmar National Human Rights Commission had made
enquiries with the relevant ministries. The result of the enquiries is that the relevant
ministries had asked for a list from the European Union and other sources and upon
heeking, it was learnt that of the nearly 2000 prisoners on the list only 526 were
;tonally in prison. We are therefore heartened that out of the 526 prisoners on that
list. some 250 were released. under the amnesty.
6, The release of the remaining prisoners, convicted for breach of existing laws
who do not pose a threat to the stability of State and public tranquility, in the
inierest of national races, will not only enable them to participate in whatever way
they can in the nation-building tasks but also will in a way help promote national
unity.
7. Accordingly, the Myanmar National Human Rights Commission again
humbly requests the President as a reflection of his magnanimity to include those
prisoners when a subsequent amnesty is granted.
Respectfully,
Win Mra
Chairman
( for ) Members of the Myanmar National
Human Rights Commission
Date: 12 November, 2011
Yangon.
Republic of the Union of Myanmar Myanmar National Human Rights Commission
Yangon
STATEMENT BY THE MYANMAR NATIONAL HUMAN RIGHTS COMMISSION
The Myanmar National Human Rights Commission whole-heartedly welcomes the decision by the Heads of State or Government of the Member States of ASEAN that the Republic of the Union of Myanmar will take up the rotating Chair of the Association of Southeast Asian Nations in 2014. This decision is in line with the Charter Provision that "Member States shall have equal rights and obligations under this Charter."
The Commission has taken the position that Myanmar is willing and able to take up its role as Chairman of the Association .The decision of Heads of State or Government will certainly contribute to the promotion of greater political, security, economic and socio-cultural cooperation among the Member States of ASEAN. The decision , in our view, is also the recognition by the international community that the elected government of the Republic of the Union of Myanmar has made concrete steps in implementing its policy of good governance, rule of law and respect for human rights in the process of building a democratic society in M y annaar.
The Commission is also heartened by the decision of the United States of America to send its Secretary of State Mrs. Hillary Clinton to Myanmar. The country is at a critical juncture in its effort to build a democratic society by enhancing national unity, economic prosperity, and the promotion of human rights for its people. The support and encouragement by the international community would certainly contribute to this process and must be welcomed.
The Commission hopes that the first visit of the U.S Secretary of State in 50 years will pave the way for promoting bilateral relations and provide positive impulses towards the building of a democratic society in the Republic of the Union of Myanmar.
Myanmar National Human Rights Commission I )itted: 27 November 2011
51
Statement by the Myanmar National Human Rights Commission on International
Human Rights Day, 10 December 2011.
I The atrocities committed during the Second World War and resultant large-scale
violations of human rights shocked and galvanized the world community into embarking on
orlous efforts to create a world organization "to save succeeding generations from the fr
wourge of war". These efforts led to the creation of the United Nations Organization. The
provialons set out in Article 55 of the United Nations Charter include "universal respect for,
and observance of human rights and fundamental freedoms for all". The efforts of the
Intornational community to realize this purpose of the Charter resulted in the adoption of the
Universal Declaration of Human Rights.
Myanmar, which became the 58 th member of the United Nations in April, 1948, voted
ibr the Universal Declaration of Human Rights when it was adopted at the United Nations
Cietterul Assembly held in Paris on 10 December 1948, the date which has now become
known as International Human Rights Day. The Declaration constitutes a common standard
or achievement for all peoples and nations. In other words, the human rights standards set in
the Declaration are to be achieved by all nations. Its adoption was the very first step in the
common efforts of the international community to set standards and norms in promotion and
protection of human rights. Accordingly it is the source of inspiration and has been the basis
for drawing up two important instruments on human rights; namely the International
Covenant on Civil and Political Rights and the International Covenant on Economic, Social
and Cultural Rights, and other existing international human rights instruments. In addition,
many nations of the world use the Universal Declaration of Human Rights as basis for
!Inman rights provisions in their respective constitutions. The Constitution adopted on 29
May, 2008 overwhelmingly by the people of the Republic of the Union of Ivlyanmar also
0141ilines these fundamental human rights.
2
Since the adoption of the Declaration, the international community has relentlessly
token steps to establish a global system of human rights protection. In doing so it has always
Aktipporind and encouraged the establishment of national human rights institutions (NBRIs)
tor they can serve as national monitoring system concerning violations of human rights and
an advise the cornpetev authorities in seeking remedies to them and in disseminating
human rights information. Those states committed to human rights establish national human
IOW infrastructure, including national human rights institutions, to promote and protect
human rights.
The Myanmar National Human Rights Commission, which is also national human
ishis institution, was established on 5 September 2011, by Notification no. 34/2011 of the
tlevernment of the Republic of the Union of Myanmar with a view to promoting and
safeguarding the fundamental rights enshrined in the Constitution. It is the first national level
human rights body in Myanmar and the fifth of its kind in ASEAN. It was formed on the
hank of Paris Principles, with fifteen experienced retired officials from different professions
and various national races as members.
The Commission held its inaugural meeting on 12 September and has been
ilitictioning in full swing since then. Regarding protection of human rights, an announcement
won made on 4 October for accepting complaints on violations of human rights. The
complaints received are being examined with the utmost sensitivity on a daily basis.
Concerning promotion of human rights, the Commission is trying to set up contact
with the relevant organizations inside and outside the country. It has received a delegation
h )111 Raoul Wallenberg Institute of Sweden, which has been arranging human rights training,
um ses for over ten years and offers institutional support to a wide range of human rights
institutions in developing countries. The Commission was actively engaged in organizing a
I ',mum Rights Seminar for officials of the Myanmar Government on 1445 November by the
egional Office for Southeast Asia, Office of the United Nations High Commissioner for
3
Human Rights, Bangkok. The success of the Seminar received encouraging responses from
the United Nations High Commissioner for Human Rights, when she said that these officials,
many of them from an emerging younger generation, were very positive, interested and
energized. At present, the Commission is planning to organize another workshop on
awareness of child rights and human rights education in January 2012 in cooperation with
UNICEF in Myanmar. Plans are also underway to organize a similar workshop with special
focus on national human rights institutions (NBRIs) in February 2012. In late November,
under the sponsorship of UNICEF, Yangon, five members of the Commission visited the
Philippines to study its national infrastructure for human rights promotion and protection,
including the Philippines Commission on Human Rights.
7. During three months after establishment, the Commission has finished drawing up its
draft rules of procedure and draft complaint and investigation procedure.
8. National Human Rights Institutions (NI-IRIs) are an integral part of a democratic
society. As such, on this important occasion of the anniversary of human rights, the
Commission would like to stress its commitment to effectively fulfill its mandate of
promoting and protecting human rights and to contribute to the democratization process of
the country to the best of its capacity.
Date: 10 December 2011
Yangon
Statement by the Myanraar National Human Rights Commission
1. A four-member team of the Myanmar National Human Rights Commission headed by its Secretary visited Kachin State from 8 to 10 December 2011 in order to observe at first hand the civil population who were displaced as a result of armed skirmishes that occurred from June 2011, with the view to ascertain their conditions in camps that are under the supervision of the Kachin State Government and also to make a need assessment.
2. The team went to Myitkyina, Waing Maw and Bamaw townships and met with the responsible authorities and visited Buddhist monasteries and Christian Churches and met and interviewed the displaced persons .They also visited the Myitkyina General Hospital and again interviewed the patients. There are 59 camps in 11 townships where 14,113 people are cared for under the auspices of the State Government. 51 schools in 10 townships with a student population of 7,872 have to be temporarily closed. The State Government, however, has been able to make arrangements for all students that have arrived at the camps to continue their studies. Currently, there are 3,153 students studying in schools in various vicinities.
3. Under coordination by the Kachin State Government, humanitarian assistance by various government organizations, Civil Society Organizations and UN agencies were systematically distributed to the population in the camps and their basic necessities were provided for. However, with the coming of the cold weather, there is a need for warm clothings and blankets. Families were randomly put together in temporary accommodations which pose a challenge to families, particularly, those with young children. From individual interviews, it was evident that almost all wanted to return to their own villages. The children appear to be suffering from psychological trauma and the adults seem to experience a sense of insecurity and diminished confidence.
2
4. The team from the Commission was able to liaise and coordinate with the concerned authorities to enable the distribution of humanitarian assistance by the Kachin State Government, UN agencies and Civil Society Organizations to the displaced persons in and around Laiza.
5. The Myanmar National Human Rights Commission will similarly continue to exert all efforts for enhancing assistance to the displaced persons in the Kachin State.
6. The Commission wishes to make the following observations and recommendations.
- It acknowledges the effective role of the Kachin State Government in providing basic humanitarian needs to over 14,000 displaced persons that have arrived at their camps.
- It is particularly gratified that the State Government has been able to distribute in an efficient and systematic manner the material and monetary assistance provided by government organizations, UN agencies, international organizations and the national civil societies.
- It is happy to note that the children of the displaced persons are able to continue their studies.
- It acknowledges that the State Government has been able to provide basic health facilities to the displaced persons and 177 patients in the hospital, including the victims of landmines who were given proper medical attention, thereby, saving their lives. The Commission urges the avoidance of the use of landmines which cause grievous harm to innocent civilians.
- It notes that the donations in cash and kind, provided by the government organizations, Hluttaw Representatives, UN agencies, international organizations and Civil Society Organizations from 9 June to 9 December 2011,amounted to over 1.4 billion Kyats. This is in addition to the donations made by religious and social
62-
organizations as well as individuals from the region. The Commission urges those business enterprises which have not yet donated to follow suit.
It is cognizant that the over 14,000 displaced persons in the camps as well as those in Laiza and MaijaYang near the Myanmar-China border had to leave behind their homes and worldly possessions which adversely affected their economic, social and spiritual well-being. The Commission, therefore, strongly urges the armed groups to strive for the restoration of security and stability to the region. It also visited Myitkyina Prison on the morning of 9 December 2011 and was able to meet the prisoners in every prison ward. It was found that the prisoners are provided with proper health care and nutrition and the prison sanitary conditions are adequate. The prisoners were able to avail themselves of TV and library facilities. It is found that the prison population exceeds the maximum capacity. The Commission would like to recommend that this condition be redressed at the earliest opportunity. Apart from the religious programs currently provided, programs for all religions should be included. It is privileged to acquaint itself with the ongoing peace efforts by both sides which were made possible by the invitation of the Union Government for peace negotiations. The Commission strongly urges that the peace negotiations which would result in the cessation of hostilities, ending of conflicts and bring about peace throughout the nation be carried out to its successful conclusion. The Commission accordingly, strongly welcomes and supports the latest news that the President of the Republic of the Union of Myanmar has instructed the Tatmataw for the government military forces in the Kachin State not to engage in offensive operations against the MA and observe a unilateral ceasefire except in self
4
defence. The Commission strongly urges the KIA to reciprocate in
the same manner.
Myanmar National Human Rights Commission
Date: 13 December 2011 Yangon.
Statement by the Myanmar National Human Rights Commission on its visits to the
Insein Prison and Hlay-Hlaw-Inn Yebet Prison Labour Camp
1. An eight-member team of the Commission, headed by its Chairman visited
the Insein Prison on 27 December 2011 and the Hlay-Hlaw-Inn Yebet Prison
Labour Camp in Hlegu Township on 28 December 2011. Earlier a four-member
team of the Commission visited Myitkyina Prison on 9 December 2011. The visits
provided a valuable opportunity to observe at firsthand the daily lives of the
prisoners and the general conditions in which they are serving their respective
prison terms. In this regard, the Commission is grateful for the full cooperation
extended by the prison authorities.
2. During the visits to Insein Prison and Hlay-Hlaw-Inn Yebet Prison Labour
Camp, the team was briefed by the prison officials that management of the prison
was based on the Myanmar Jail Manual and UN Standard Minimum Rules for
Treatment of Prisoners. The team observed the provision of health care and
recreational facilities, serving of daily meals, provision of linguistic and computer
training, conduct of formal education classes and religious activities carried out in
the prison.
3. The Commission had received communications from different chapters of the
Amnesty International alleging that the prisoners who recently staged hunger strike
were put in "dog cells", maltreated and deprived even of water.
4. During the visit, therefore, the team interviewed three prisoners who took part
in the recent strikes.
toS
2
5. All prisoners interviewed stated that they were not deprived of water, and
were provided with medical attention both during and after the strikes. The
allegations regarding "dog cells" also proved to be untrue. The hunger strikers
were each held in cells measuring 10 feet by 22 feet which were clean and properly
ventilated.
6. During the visit to Hlay-Hlaw-Inn Yebet Prison Labour Camp, the team
observed the camp facilities and interviewed a number of prisoners, who expressed
their views and concerns in a candid manner. The camp authorities took note of
them with a view to taking corrective actions.
7. Based on the tour of the prison and the interviews, the Myanmar National
Human Rights Commission wishes to make the following observations and
recommendations:
The number of prisoners in the Insein Prison far exceeds its maximum
holding capacity. The Commission finds this prison congestion as an
important source of grievances which should be addressed in a timely
fashion.
The provision of meditation sessions, in the view of the Commission.
has a salutary effect on the prisoners' state of mind in the long term
and its continuation is strongly recommended.
Bible studies for Protestants and Confessional and Communion
Services for Catholics and suitable religious programs for Muslims and
Hindus should also be organized as appropriate. In this regard, the
Commission is pleased to find a chapel, a mosque, a Hindu temple and
Buddhist shrine on the prison premises.
t- ‘
3
8. All prisoners interviewed expressed their ardent hope for the granting of the
next general amnesty by the President of the Republic of the Union of Myanmar. In
this regard, the Commission would like, to recall that it had appealed to the
President on 12 November 2011 for the release of the remaining prisoners who do
not pose a threat to the stability of the State and public tranquility. The Commission
would earnestly like to reiterate this appeal.
Myanmar National Human Rights Commission
30 December 2011
Yangon
Statement by the Myanmar National Human Rights Commission
1. The Myanmar National Human Rights Commission had made appeals to the President that at a time when the Republic of the Union of Myanmar is building a democratic nation and striving for national unity, those among prisoners who were in various prisons for contravening existing laws, who do not pose a threat to national security, public peace and tranquility and national interest, be given amnesty to enable them to take part in whatever way they can in nation-building tasks.
2. Subsequently, the President had granted amnesty to 6359 prisoners on 11 October 2011 and 2 January 2012, through a presidential amnesty order reduced the sentences of the prisoners in various prisons. Under an amnesty order of the President dated 12 January 2012, 651 prisoners were again released. The Commission welcomes the release of prisoners and greatly appreciates the magnanimity shown by the President.
3. The Commission is gratified that among the 651 prisoners released on 13 January 2012, prisoners whose release had been advocated by the Secretary General of the United Nations and some western countries were included as well. The Commission feels that the release of those prisoners fulfils the expectations by the Secretary General of the United Nations and some western countries.
4. In the interest of enduring peace and national unity, to enable an inclusive political process and on grounds of humanitarian consideration, the President had granted amnesty to the prisoners. In view of the President' s magnanimity, the Commission strongly urges those who have been released to peacefully take part in whatever way they can in building national unity and a democratic State.
Myanmar National Human Rights Commission 14 January 2012 Yangon.
Statement of Myanmar. National Human Rights Commission on its trip to the Kachin State (5/2012) The Secretary ofthe Myarunar National-lumen Rights
Canunission and two members of the Commission visited Myitkyina and Waingmawofthe Kachin State frorn 23 to 27 July 2012 and carried out the following tasks of the Commission:- -
- Visited 16 relief camps, Met with the people of the camps and expressed words of encourageinent to
- Summoned- and examined. the witnesses in connection with the Complaints, assumed to involve the violations of human- rights in the Kachin State.
- Met With the Chief Minister and the Ministers of the Kachin State Government and exchanged views on the prevailing situation in the Kachin State. =
Based on the activities and the findings of the Commission team, the following a:commendations are tnad.:-
- on studying and examination of the camps that the Commission team visited, it was found that although over one year has elapsed, the basic needs of the peoples of the Camps were able to be fulfilled as before. The departments and the organizations concerned are urged to supply additional medicines required for the provision of health care for and treatment of ailments caused by 'seasonal changes.
-: the people at the relief camps expressed that they wished to return to their villages and that land mines in the surrounding areas of the villages be cleared.
' - To carry out mine clearance before the resettlement work is commenced, there should be cooperation
• among the armed groups and the relevant domestic and foreign organizations. The villagers should be exiacated about land mines. according to the statements of the witnesses made in connection on with the complaints, it was found that there were certain violations of human rights of the
populations of the villages by the armed groups. Therefore, it is strongly urged not to violate human rights under any circumstances and to act in accordance with human rights. standards.
- according to the statements of the witnesses from the Tarlawgyi village of the Myitkyina Township, there were instances of forced recruitment of soldiders from villagers of Tarlawgyi by the KR. It was learnt that 53 villagers of Tariawgyi who were serving as the people's militia of the KR have returned to the legal fold. It is urged that no armed group should engage in forced recruitment of soldiers in any area
- it was learnt that the Tatmaclaw arrested and interrogated two villagers of TawlawEgi in early .
January 2012 and they were prosecuted by the authorities concerned under the existing laws.- In order not to adversely affect the rights of the persons. concerned, the court proceedings should be
. expeditiously concluded. - theCommission does not wishtomake any comment
on the interrogation of the suspects by security farces for security reasons and on their prosecution in accordance with the law, However, torture dining
• the interrogation constitutes violation of human rights and must be avoided.
- The Government has received encouragement and support from within and outside the country in establishing a democratic state. Similarly, the Government has made historic accomplishments in its efforts to bring about
• lasting peace. Under these circumstances, concerted efforts should also be made by all to establish peace in the Kachin State in accordance with the desire of the people.
The Myanmar National Human Rig' htsConimiss' ion ' Dated: 14 August 2012
it) tangai tirr.+ 011quO v70
Statement No. (4/2012) ofMyanniak National Human Rights Commission concerning incidentSin
Rakhine State in 'June 2012 ..,ktearn out the Myanmar Naticinal Human Rights Commission; comprising the
Secretary and two Members, visited Sittway, Mautigtaw, Buthidaung -and Yathedaung Townships in the Ralchine State from 27 June te 1 July and held, discussions with the responsible , persons; religious leaders and the victims.
It is found thatuneXpectedand uniMaginable incidents occurred in the Rakhine State ciii2pviarch and 1 June- The acts or violence that started in certain villages in Maimgtaw Township led to sets (if'violence between the twa groups of people On learning these *dents of violen*theeittitepopulatioftwas grieved. The public, the Goveniment and the international conuntinitY expressed concern. , Similarly, the myanmar National Human Right .COmeiissicinfiVas also Concerned about the said violations of human rights. It was found that thz loss and sufferings on both sides-toolc a heavy toll on the victims not only physically buinlio Mentally. • , - ,
The Union'GoVeinnient and the .,..Raichine State Government have been +siting Inc** setting tip relief stations, 11 in Maunitaw and its township; 57 in Sittway and its feranship,4 in Yathedazing, , toptaling-72 stations It was learned that reliet statiorts are Set tip,* 56 Buddhist monasteries, out of a total of 72 stations All the Rakhine nationals frOinthe relief stations. Buthidaimg artd Ponitagyun have been Safely returned to their respective areas and Villages. - - •
It was noted. that the basic needs of food; clothing, 'shelter and health of the victims at the above mentioned relief stations are being met, relying on the availability of the contributions, foodstuff and Materials being provided by the Union Government, the State - Government; United Nations Agencies, International Non-Governmental Organizations (ING0a), Non-Governmental Organizations, entrepreneurs, artists and well-wishers. The Tattria:riaw (the Armed Forces), the Police RUM and the Border 1mi:dig:elan Headquarters are providing security for the respective areas and stations. It was observed that the Stability and security ' . are improving in the townships that the 'Commission team had visited. ;
In order to restore normalcy to the situation in the Northern part ofRakiiine State, the following programmes tyvseconimencied for lottg-tenn task&
• the measures to bitifd the ride °flaw rbe strengthened and -just and effective actions be taken in accordant* With law against the perpetrators of the acts of violence that had Occurred; . steps should be taken to build 'mutual trust for the physical and mental
- rehabilitation of the victims of the two groups of people; a special programme should be undertaken to enhance the basic education of the children in the affected areas for the building Of Mutual trust and enrichment of intelligence and krieWledge. ' It is pleasing to observe that the basic needs of the victims from the affected areas are being met by the assistance and support extended by various organizations' and *ell-v.isliers. In View of the continuing basic need& it in urged that more
-assistance and support be provided. • - TheMyanntarNationallIttmanitithtsContinission
• A...1.1F.07.11JUly2LPI2
- statement of Myamnar National Human Rights Commission (MNHRC) concerning its membership in South East Asia NHR1s Forum (SEANF) No. 6/2012 The 9" Annual Meeting of the South Last Asia NHRIs
(National Human Rights Institutions) Forum (SEANF) held in Chiang Mai, Thailand on 12-14 September 2012 decided to accept the Myanmar National Human Rights Commission (MNHRC) as its new member.
The National Human Rights Comm ission of Indonesia (KOMNASTIAM), the Human Rights Commission of Malaysia (SUHA KAM), the Comm ission on Human Rights of the Philippines (CHRP) and the National Human Rights Commission of Thailand (NI -IRCI) had agreed in 2004, Bangkok, Thailand to carry out jointly or bilaterally, programmes and activities in areas of human rights of common concern and signed the ASEAN NERIs Forum Declaration of Co-operation in Bali. Indonesia on 28 June 2007.
The regional body was renamed as the South East Asia NHRIs Forum (SEANF) at its 6 ' Annual Meeting held in Yogyakarta, Indonesia on 11 - 13 November 2009. The 7"
ual Meeting of the SEANT held in 2010, accepted este as the 5 '1' member of the SEANF,
C general objective of the Forum is to organize itself as a regional mechanism for the effective promotion, prott..a:on fillment of human rights of the peoples of & s oft; La .,: A 7:4 region. To achieve this objective, the forur... s ftmetions mclade, amor4; others. athocating for the establishment and development of NlIRls among South Last Asia countries and undertaking such activities hat are conducive to achievement of the Forum ' s objectix es. Including taking collective positions on issues of gr...ss human rights violations Iry ithin and outside the
I region.
The Forum has shown keen interest in the formation of MNHRC and it was one of the external organizations that whole-heartedly welcomed the establishment of the
AS a reflection of its interest in the MNI -IRC ' s work, a delegation of the Forum, consisting of all the Forum five members, visited the MNIMC on 14- 15 June, 2012 and held two-day discussions with the members of the MNFIRC concerning the implementation of its mandate in accordance with the Paris Principles.
In implementation of its mandate which includes "a function to communicate with the UN organizations and foreign and domestic bodies engaged in the promotion and protection of human rights" , the MNI-LRC has actively interacted with the SEANF since its formation and applied for the membership of the Forum.
The Forum invited the MNI-MC to its 9 th Annual Meeting held in Chiang Mai, Thailand on 12 - 14 September 2012 where the membership application of the Commission a. as considered. The Commission delegation headed by its Chairman attended the said annual meeting.
On the first day session of the Nleeting, five members of the Forum intensively considered the application of MNI- MC tot membership of the Forum and adopted the above - intentioned decision.
As a member of the SFANF . the MNH RC is determined to ‘vork joints or bilaterally for the effective promotion and protection of human rights of the people of both INlyaiimar and the South East Asia region in compliance with the Paris Principles.
Myanmar National Human Rights Commission Dated 17 September 2012
"11
Update of the activities of the Myanmar National Human Rights Commission
The following is an update of the activities of the Myanmar National Human
Rights Commission (MNHRC) in six areas, namely,
- complaints on violations of human rights
- prisoner issues
- relations with outside human rights bodies
- missions to Kachin and Rakhine States
- functioning of the Commission
- the drafting of an enabling act of the Commission
The Commission completed its first year of existence on 5 September of 2011.
Being the very first institution of its kind in Myanmar, the Commission started to
receive a lot of complaints on violations of human rights immediately after its
formation. The complaints were of different types. The Commission decided to handle
the complaints with a sustainable mechanism. On 4 October 2011, the Commission
made an announcement in the newspapers on how complaints could be sent and on
what were the requirements to be met for a complaint to be admissible. The
Commission also decided to meet everyday with at least four members of the
Commission present to consider the complaints received.
Status of complaints handling Complaints received up to 30 July 2012 2983
The numbers of complaints that have been examined by the Commission
2088
The numbers of complaints that have been conveyed to the Office of the Union Government for forward transmission to the Departments concerned.
1494 _
_
2088 Complaints put on record after consideration by the Commission- (Cases that do not fall within the mandate of the Commission/Cases addressed to the other authorities and sent to the Commission as copies.
594
Pending cases 895
At the time of the Commission's establishment, the question of prisoners whose
release was in demand happened to be an issue of international concern. The
2
Commission therefore also decided to eagerly address that issue and sought ways and
means to contribute to their release. What the Commission did was to raise the issue
publicly for the first time and brought the gravity of the issue to the attention of the
authorities. In its first open letter to the President, the Commission for the first time
used the term "prisoners of conscience" in an official newspaper.
Related to the prisoners issue at the time was the allegation of human rights
violations in prisons, particularly in the Insein Prison. To verify those allegations and
to observe first hand the situation in the prisons, a four member team and an eight
member team of the Commission visited the Myitkyina Prison in the Kachin State and
the Insein Prison respectively. The findings of the Commission were immediately
published in the Commission's public statements. In fact the Commission kept raising
the issue in our subsequent statements to stress the significance of this particular issue
in the context of current reform measures. The release of 651 prisoners proved to be
the most significant because many well-known prisoners were among them. Many of
them are now active participants on the Myanmar political scene. Even after the
release of 651 prisoners, there persisted assertions that prisoners that should be
released remain. The Commission held informal discussions with relevant authorities
to address this problem. The cooperation of these authorities finally led to the release
of 80 prisoners in July. In October, the government released 514 prisoners in a general
amnesty by the president.
The Commission's relations with outside human rights bodies
The Commission's mandate includes "To communicate with the UN
organizations and foreign and domestic bodies engaged in the promotion and
protection of human rights".
To enhance the Commission's relationship with those outside the country, the
Commission gave top priority to setting up contact with the existing NHRIs in the
region in order to learn from their experiences and best practices. Therefore, within a
few months of its establishment, the Commission formulated a plan of study tours to
these NHRIs. The Commission has now visited the four NHRIs in the region, namely,
the Commission of the Philippines, Thailand, Malaysia and Indonesia and has also
3
visited the Indian Human Rights Commission. The visits to the Philippines, Indonesia
and India were financed by the UNICEF in Yangon and the visits to Thailand and
Malaysia were financed by the Government. These visits were very valuable in
planning the future direction of the Commission and to prepare itself for the possible
challenges ahead. At the 9th Annual Meeting of SEANF held in Chiang Mai, Thailand,
on 12th September 2012 the MNHRC was admitted as a new member of this Forum.
There were also a lot of visits to the Commission by individuals and
organizations outside the country. These visitors came to the Commission with
different objectives. Some simply want to know how the Commission will play a role
in addressing the human rights situation in Myanmar. Others extended valuable
suggestions on how to enhance the capacity of the Commission and raised with the
Commission the issues that deserve the urgent attention of the Commission. Till the
end of May 2012, the Commission had a total of 69 meetings with representatives of
foreign organization and countries. Worth special mentioning are meetings with:
- Mr. Michael H. Posner, Assistant Secretary of State of US.
- Mr. J Nambia, Special Advisor of the UN Secretary General
- Delegation of the ICRC
- Delegation from the European Union
- Delegation from the Raoul Wallenberg Institute of Sweden
- Director of Human Rights Watch, Washington
- Delegation from the ILO
- Mr. Quintana, Special Rapporteur on the situation of Human Rights in
Myanmar, Human Rights Council
- Delegation led by Ms. Hon Louise Arbour, International Crisis Group
- Delegation from the World Vision
- Delegation from Save the Children
- Representative of the Office of the High Commissioner for Human Rights
- Delegation from the Asia-Pacific Forum (APF)
- Delegation led by Assistant Secretary General of the UN
7 4-
4
- Delegation from the SEANF (South East Asia National Institutions
Forum)
In July 2012, the Commission engaged in a high level dialogue with the
representatives of the Asia Pacific Forum and the Chairman of the Malaysia
Commission on Human Rights. The dialogue covered may important issues, including
the role of NHRIs in the promotion and protection of human rights, governance in the
Commission, engaging with the State and the community.
Through engagement with the organizations related to human rights, the
Commission was able to make progress in its work and it has now been in the process
of formulating a joint capacity development plan with the Raoul Wallenberg Institute
of Sweden.
The plan starts from the later part of 2012 to 2014. The plans goals are:-
1. To improve knowledge within the Commission of international human
rights standards and the roles and functions of NHRIs
To achieve the goal, the activities planned are:
- Specialized training workshops for Commissioners on ICCPR and ICESCR
- Specialized Workshop on relationship between NHRI and strategic
stakeholders
- Human Rights Masters scholarship at LUND University, Sweden
- International study tours for Commissioners to relevant institutions
- Provision of high level technical advice based on the evolving needs of the
Commission
- Training on human rights law and the roles and functions of NHRIs for staff
2. To increase understanding on the roles and functions of the Commission
within the community at large and to increase access to human rights
information to achieve this goal, the following activities are being planned.
- Translation and printing of human rights instruments
- Development and dissemination of information materials regarding the
Commission
- Library support, including e-library
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- Development of a website for the Commission
3. To increase understanding and application of international human rights
standard among relevant stakeholders the following activities are planned
- Training Workshop on ICCPR and ICESCR for relevant ministries
- Practical UPR (Universal Periodic Review) training for the Commission
and relevant ministries
- Capacity development for universities, including human rights
curriculum, teachers training and research visits
- General training on human rights in criminal justice for justice sector
institutions
- Training for the media on human rights and the role in promoting human
rights.
At present, the Commission and the RWI are yet to set the deadlines for the
envisaged activities and to decide on the division of responsibilities for the
implementation of the plan.
Missions to the Kachin State and the Rakhine State
While establishing the relationship with outside organizations like the RWI, the
Commission also undertook other important activities. Concerning the complaints
received, some of the Commission members went to the scene of violations of human
rights to verify the allegations and in some case to meet and interview the
complainants. These fact-finding trips were undertaken regarding some serious cases.
If necessary, complainants are invited to the Commission for interview and for
ascertaining the facts of the complaints. Sometimes, the Commission engaged in
conciliation between the complainant and the accused party concerned.
Most importantly the Commission sent missions to the Kachin State and the
Rakhine State to observe the situation and assess the humanitarian needs of the people.
The Commission sent two missions to the Kachin State in December 2011 and July
2012. During the second mission, the Commission team conducted investigation on
the complaints received by the Commission from the Kachin State.The violations of
712
6
human rights by the armed groups were found out and the findings were published in
the Commission's statement issued on 14 August 2012. With regard to instances of
torture during interrogation, the Commission recommended that acts of torture must
be avoided.
Similarly, a separate mission was also sent to the Rakhine State from 27 June to
July, 2012 and later, the Chairman and a member of the Commission accompanied the
diplomatic community and the UN country team on a visit to the Rakhine State on 21
July and 1 August. The findings of the missions were brought to the attention of the
higher authorities of the government and, subsequently, based on these findings,
specific recommendations were made on:
- the programs that should be undertaken to restore trust between two
religious communities and for their peaceful coexistence.
- appropriate courses of action to be taken to be able to carry out the
immigration tasks in accordance with law
- approaches to inform the international community of actions being
undertake by the Government, the Parliament, the public, political parties,
international organizations, NGOs and INGO and on the events in the
Rakhine State.
Functioning of the Commission
In its early phases of existence, the Commission functioned with the funding
Provided by the President office and a staff of 22 people seconded from the President
Office, the Union Government Office and the Home Ministry. Having never served in
human rights related bodies, the staff lack the necessary skills and capacity.
Article 3(2) of Principles relating to the status of national institutions, states
that:
"The national institution shall have an infrastructure which is suited to the
smooth conduct of its activities, in particular adequate funding. The purpose of the
funding should be to enable it to have its own staff and premises, in order to be
7
independent of the Government and not be subject to financial control which might
affect its independence".
Although the Commission has its own premises and other facilities to conduct
its activities, it was financed as part of the budget of the President Office. Therefore
the Commission decided that it should have its own budget line in the national
appropriation process and prepared its own budget for submission to the parliament
before the start of the current financial year. The budget as prepared by the
Commission was accepted by the Government, as part of the Union budget. This
proposed budget covered the recruitment of 167 staff for the Commission. When the
budget was about to be submitted to the Pyidaungsu Hluttaw, the status of the
Chairman and members of the Commission and Committees formed by the Hluttaws
happened to be an issue between the Executive and the Parliament. It was against this
backdrop that the Commission's budget was submitted. The session of the Pyidaungsu
Hluttaw held on 16 March 2012 decided on the cancellation of designation of
Myanmar National Human Rights Commission as a central level organization and
inclusion of its spending in the budget. This development was widely reported both
inside and outside the country and led to the public assumption that the Commission
has become defunct and resulted in various comments and queries. It therefore became
necessary for the Commission to issue a statement to assure the public that the
Commission is still functioning to implement its mandate.
The Commission now remains as it was formed under the executive power of
the President. The Commission's expenses are incurred from the funds of the
President Office and Union Government Office. In September 2012, the Commission
appointed 11 staff members who were recruited independently by the Commission
through a competitive examination.
Now the Commission is drafting an act which will be submitted to the
Pyidaungsu Hluttaw for approval.
Drafting of an Enabling Act of the Commission
The following is the essence of the drafting process:
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It was the President himself who suggested that the Commission should embark
on drafting an enabling act for the Commission. The Commission formed a drafting
task force which first drafted the basic elements for the act. At the same time there
were offers of legal assistance from outside organizations like RWI, APF and
OHCHR. The Commission accepted the offer of the APF which sent to the
Commission a legal expert to engage in discussions with the Commission. In these
discussions, based on the similar acts of other countries, the Commission was able to
prepare a draft of provisions which was intensively discussed at the plenary of the
Commission. The comments received from the OHCHR and the RWI was also
considered. The draft approved by the Commission as a whole was conveyed to the
President Office. Legal advisors of the President and the Office of the Attorney
General raised several questions as regards the draft in terms of concept and, the
language of the text and compatibility with the Constitution. The Commission sent
explanations on each of the questions raised by the President Legal advisors and the
Attorney General Office. With the coordination of the President Office, 3 members of
the drafting group of the Commission met and discussed with the Legal advisors of the
President and the representative of the Attorney General where the following were
agreed upon:
Both the Legal advisors and Attorney General office to send their official
observations on the explanations of the Commission
- On certain relevant provisions, comments from the relevant Ministries to
be invited
- On receipt of official comments, the Commission to prepare a second
draft to be considered together with the legal advisors, the representatives
of the Attorney General Office and the relevant ministries. A second
meeting is being planned to be held in October at a date convenient to all
parties.
- The possible participation of the representatives of the OHCHR and the
representatives of APF and RWI who were involved in the drafting
process at an appropriate juncture has also been envisaged.
9
The draft approved will be submitted to the President for approval and
then to be sent to the parliament for consideration and adoption.
The Commission anticipates that the draft will be debated at the Pyidaungsu
Hluttaw and amendments or revisions to the act are likely. If the draft is accepted by
the Hluttaw as prepared, the Commission hopes that, as is done with other bills, the
draft will be published in the papers for public comment. In fact, the Commission had
already invited the civil societies on 8 September 2012, to the Office of the
Commission and engaged them in awareness raising discussions on the draft enabling
law.
The Commission tries to ensure that the act complies with Paris Principles. For
instance, the selection of members of the Commission will be done through a
Selection Board which comprises the representatives of the parliament and the civil
society. The act, as prepared, stipulates that the MNHRC will receive adequate
funding and is vested with extensive authority to investigate.
But for the commitment of the Commission's members, the Commission would
not have be able to conduct so many activities in the face of various teething
problems. Without the adequate capacity, the zeal and commitment of the Commission
cannot be translated into concrete results on the ground. Encouragingly, the
international community continued to show interest in the Commission's work as
reflected by their continuing engagement with the Commission and the keen interest
with which they are monitoring the Commission's performance.
The Special Rapporteur of the Human Right Council on the Situation of Human
Rights in Myanmar remark during his last visit to Myanmar that:
" The State and national institutions that have important roles in furthering
democratic transition and ensuring respect for human rights, such as Parliament and
the NHRC, have continued to develop."
Whatever the challenges facing us, the Commission is determined to make
every effort for the development of the Commission as a credible and effective
institution.
Principles relating to the status of national institutions
(A) Competence and responsibilities*
1. A national institution shall be vested with competence to promote and protect human rights.
2. A national institution shall be given as broad a mandate as possible, which shall be clearly set forth in a constitutional or legislative text, specifying its composition and its sphere of competence.
3. A national institution shall, inter alia, have the following responsibilities:
(a) To submit to the Government, Parliament and any other competent body, on an advisory basis either at the request of the authorities concerned or through the exercise of its power to hear a matter without higher referral, opinions, recommendations, proposals and reports on any matters concerning the promotion and protection of human rights; the national institution may decide to publicize them; these opinions, recommendations, proposals and reports, as well as any prerogative of the national institution, shall relate to the following areas:
(i) Any legislative or administrative provisions, as well as provisions relating to judicial organizations, intended to preserve and extend the protection of human rights; in that connection, the national institution shall examine the legislation and administrative provisions in force, as well as bills and proposals, and shall make such recommendations as it deems appropriate in order to ensure that these provisions conform to the fundamental principles of human rights; it shall, if necessary, recommend the adoption of new legislation, the amendment of legislation in force and the adoption or amendment of administrative measures;
(ii) Any situation of violation of human rights which it decides to take up;
(iii) The preparation of reports on the national situation with regard to human rights in general, and on more specific matters;
(iv) Drawing the attention of the Government to situations in any part of the country where human rights are violated and making proposals to it for initiatives to put an end to such situations and, where necessary, expressing an opinion on the positions and reactions of the Government;
(b) To promote and ensure the harmonization of national legislation regulations and practices with the international human rights instruments to which the State is a party, and their effective implementation;
(c) To encourage ratification of the above-mentioned instruments or accession to those instruments, and to ensure their implementation;
(d) To contribute to the reports which States are required to submit to United Nations bodies and committees, and to regional institutions, pursuant to their treaty obligations and, where necessary, to express an opinion on the subject, with due respect for their independence;
(e) To cooperate with the United Nations and any other organization in the United Nations system, the regional institutions and the national institutions of other countries that are competent in the areas of the promotion and protection of human rights;
(f) To assist in the formulation of programmes for the teaching of, and research into, human rights and to take part in their execution in schools, universities and professional circles;
(g) To publicize human rights and efforts to combat all forms of discrimination, in particular racial discrimination, by increasing public awareness, especially through information and education and by making use of all press organs.
(B) Composition and guarantees of independence and pluralism
1. The composition of the national institution and the appointment of its members, whether by means of an election or otherwise, shall be established in accordance with a procedure which affords all necessary guarantees to ensure the pluralist representation of the social forces (of civilian society) involved in the promotion and protection of human rights, particularly by powers which will enable effective cooperation to be established with, or through the presence of, representatives of:
(a) Non-governmental organizations responsible for human rights and efforts to combat racial discrimination, trade unions, concerned social and professional organizations, for example, associations of lawyers, doctors, journalists and eminent scientists; (b) Trends in philosophical or religious thought; (c) Universities and qualified experts; (d) Parliament; (e) Government departments (if these are included, their representatives should participate in the deliberations only in an advisory capacity).
2. The national institution shall have an infrastructure which is suited to the smooth conduct of its activities, in particular adequate funding. The purpose of this funding should be to enable it to have its own staff and premises, in order to be independent of the Government and not be subject to financial control which might affect its independence.
3. In order to ensure a stable mandate for the members of the national institution, without which there can be no real independence, their appointment shall be effected by an official act which shall establish the specific duration of the mandate. This mandate may be renewable, provided that the pluralism of the institution's membership is ensured.
(C) Methods of operation
Within the framework of its operation, the national institution shall:
(a) Freely consider any questions falling within its competence, whether they are submitted by the Government or taken up by it without referral to a higher authority, on the proposal of its members or of any petitioner;
(b) Hear any person and obtain any information and any documents necessary for assessing situations falling within its competence;
(c) Address public opinion directly or through any press organ, particularly in order to publicize its opinions and recommendations;
(d) Meet on a regular basis and whenever necessary in the presence of all its members after they have been duly convened;
(e) Establish working groups from among its members as necessary, and set up local or regional sections to assist it in discharging its functions;
(f) Maintain consultation with the other bodies, whether jurisdictional or otherwise, responsible for the promotion and protection of human rights (in particular ombudsmen, mediators and similar institutions);
(g) In view of the fundamental role played by the non-governmental organizations in expanding the work of the national institutions, develop relations with the non-governmental organizations devoted to promoting and protecting human rights, to economic and social development, to combating racism, to protecting particularly vulnerable groups (especially children, migrant workers, refugees, physically and mentally disabled persons) or to specialized areas.
82.
Additional principles concerning the status of commissions with quasi-jurisdictional competence
A national institution may be authorized to hear and consider complaints and petitions concerning individual situations. Cases may be brought before it by individuals, their representatives, third parties, non-governmental organizations, associations of trade unions or any other representative organizations. In such circumstances, and without prejudice to the principles stated above concerning the other powers of the commissions, the functions entrusted to them may be based on the following principles:
(a) Seeking an amicable settlement through conciliation or, within the limits prescribed by the law, through binding decisions or, where necessary, on the basis of confidentiality;
(b) Informing the party who filed the petition of his rights, in particular the remedies available to him, and promoting his access to them;
(c) Hearing any complaints or petitions or transmitting them to any other competent authority within the limits prescribed by the law;
(d) Making recommendations to the competent authorities, especially by proposing amendments or reforms of the laws, regulations and administrative practices, especially if they have created the difficulties encountered by the persons filing the petitions in order to assert their rights.
* Paris Principles defined at the first International Workshop on National Institutions for the Promotion and Protection of Human Rights in Paris 7-9 October 1991, adopted by Human Rights Commission Resolution 1992/54, 1992 and General Assembly Resolution 48/134, 1993.
S I
ICC SUB-COMMITTEE ON ACCREDITATION
GENERAL OBSERVATIONS
1. Competence and responsibilities
1.1 Establishment of national institutions: An NHRI must be established in a constitutional or legal text. Creation by an instrument of the Executive is not adequate to ensure permanency and independence.
1.2 Human rights mandate: All NHRIs should be mandated with specific functions to both protect and promote human rights, such as those listed in the Paris Principles.
1.3 Encouraging ratification or accession to international human rights instruments: The Sub-Committee interprets that the function of encouraging ratification or accession to international human rights instruments, set out in the Paris Principles, is a key function of a National Institution. The Sub-Committee therefore encourages the entrenchment of this function in the enabling legislation of the National Institution to ensure the best protection of human rights within that country.
1.4 Interaction with the International Human Rights System: The Sub-Committee would like to highlight the importance for NHRIs to engage with the international human rights system, in particular the Human Rights Council and its mechanisms (Special Procedures Mandate Holders) and the United Nations Human Rights Treaty Bodies. This means generally NHRIs making an input to, participating in these human rights mechanisms and following up at the national level to the recommendations resulting from the international human rights system. In addition, NHRIs should also actively engage with the ICC and its Sub-Committee on Accreditation, Bureau as well as regional coordinating bodies of NHRIs.
1.5 Cooperation with other human rights institutions: NHRIs should closely cooperate and share information with statutory institutions established also for the promotion and protection of human rights, for example at the state level or on thematic issues, as well as other organizations, such as NG0s, working in the field of human rights and should demonstrate that this occurs in their application to the ICC Sub-Committee.
1.6 Recommendations by NHRIs
NHRI recommendations contained in annual, special or thematic human rights reports should normally be discussed within a reasonable amount of time, not to exceed six months, by the relevant government ministries as well as the competent parliamentary committees. These discussions should be held especially in order to determine the necessary follow up action, as appropriate in any given situation. NHRIs as part of their mandate to promote and protect human rights should ensure follow up action to recommendations contained in their reports.
2. Composition and guarantees of independence and pluralism
2.1 Ensuring pluralism: The Sub-Committee notes there are diverse models of ensuring
2
the requirement of pluralism set out in the Paris Principles. However, the Sub- ;.; .6 ;,, Epvi icu 11.,c ul Njiuiuc riiutuuori to iiiiirJtir1 uorisistent
relationships with civil society and notes that this will be taken into consideration in the assessment of accreditation applications.
The Sub-Committee observes that there are different ways in which pluralism may be achieved through the composition of the National Institution, for example: a) Members of the governing body represent different segments of society as
referred to in the Paris Principles; b) Pluralism through the appointment procedures of the governing body of the
National Institution, for example, where diverse societal groups suggest or recommend candidates;
c) Pluralism through procedures enabling effective cooperation with diverse societal groups, for example advisory committees, networks, consultations or public forums; or
d) Pluralism through diverse staff representing the different societal groups within the society.
The Sub-Committee further emphasizes that the principle of pluralism includes ensuring the meaningful participation of women in the National Institution.
2.2 Selection and appointment of the governing body: The Sub-Committee notes the critical importance of the selection and appointment process of the governing body in ensuring the pluralism and independence of the National Institution. In particular, the Sub-Committee emphasizes the following factors:
a) A transparent process b) Broad consultation throughout the selection and appointment process c) Advertising vacancies broadly d) Maximizing the number of potential candidates from a wide range of societal
groups e) Selecting members to serve in their own individual capacity rather than on behalf
of the organization they represent.
2.3 Government representatives on National Institutions: The Sub-Committee understands that the Paris Principles require that Government representatives on governing or advisory bodies of National Institutions do not have decision making or voting capacity.
2.4 Staffing by secondment:
In order to guarantee the independence of the NH RI, the Sub-Committee notes, as a matter of good practice, the following: a) Senior level posts should not be filled with secondees; b) The number of seconded should not exceed 25% and never be more than 50% of
the total workforce of the NHRI.
2.5 Immunity: It is strongly recommended that provisions be included in national law to protect legal liability for actions undertaken in the official capacity of the NHRI.
2.6 Adequate Funding: Provision of adequate funding by the state should, as a minimum include: a) the allocation of funds for adequate accommodation, at least its head office; b) salaries and benefits awarded to its staff comparable to public service salaries
and conditions;
3
c) remuneration of Commissioners (where appropriate); and d) the establishment of communications systems including telephone and internet.
Adequate funding should, to a reasonable degree, ensure the gradual and progressive realization of the improvement of the organization's operations and the fulfillment of their mandate.
Funding from external sources, such as from development partners, should not compose the core funding of the NHRI as it is the responsibility of the state to ensure the NHRI's minimum activity budget in order to allow it to operate towards fulfilling its mandate.
Financial systems should be such that the NHRI has complete financial autonomy. This should be a separate budget line over which it has absolute management and control.
2.7 Staff of an NHRI: As a principle, NHRIs should be empowered to appoint their own staff.
2.8 Full-time Members:
Members of the NHRIs should include full-time remunerated members to: a) Ensure the independence of the NHRI free from actual or perceived conflict of
interests; b) Ensure a stable mandate for the members; c) Ensure the ongoing and effective fulfillment of the mandate of the NHRI.
2.9 Guarantee of tenure for members of governing bodies
Provisions for the dismissal of members of governing bodies in conformity with the Paris Principles should be included in the enabling laws for NHRIs. a) The dismissal or forced resignation of any member may result in a special review
of the accreditation status of the NHRI; b) Dismissal should be made in strict conformity with all the substantive and
procedural requirements as prescribed by law; c) Dismissal should not be allowed based on solely the discretion of appointing
authorities.
2.10 Administrative regulation
The classification of an NHRI as a public body has important implications for the regulation of its accountability, funding, and reporting arrangements.
In cases where the administration and expenditure of public funds by an NHRI is regulated by the Government, such regulation must not compromise the NHRI's ability to perform its role independently and effectively. For this reason, it is important that the relationship between the Government and the NHRI be clearly defined.
3. Methods of operation
4. Additional principles concerning the status of commissions with quasi-jurisdictional competence
5. Additional issues
6(=
4
5.1 NHRIs during the situation of a coup d'etat or a state of emergency: As a principle, the Sub-Committee expects that, in the situation of a coup d'etat or a state of emergency, an NHRI will conduct itself with a heightened level of vigilance and independence in the exercise of their mandate.
5.2 Limitation of power of National Institutions due to national security: The Sub-Committee notes that the scope of the mandate of many National Institutions is restricted for national security reasons. While this tendency is not inherently contrary to the Paris Principles, it is noted that consideration must be given to ensuring that such restriction is not unreasonably or arbitrarily applied and is exercised under due process.
5.3 Functioning of an NHRI in a volatile context: The Sub-Committee acknowledges that the context in which an NHRI operates may be so volatile that the NHRI cannot reasonably be expected to be in full conformity with all the provisions of the Paris Principles. When formulating its recommendation on the accreditation status in such cases, the Sub-Committee will give due consideration to factors such as: political instability; conflict or unrest; lack of state infrastructure, including excessive dependency on donor funding; and the NHRI's execution of its mandate in practice.
6. Procedural issues
6.1 Application processes: With the growing interest in establishing National Institutions, and the introduction of the five-yearly re-accreditation process, the volume of applications to be considered by the Sub-Committee has increased dramatically. In the interest of ensuring an efficient and effective accreditation process, the Sub-Committee emphasizes the following requirements: a) Deadlines for applications will be strictly enforced; b) Where the deadline for a re-accreditation application is not met, the Sub-
Committee will recommend that the accreditation status of the National Institution be suspended until the application is considered at the next meeting;
c) The Sub-Committee will make assessments on the basis of the documentation provided. Incomplete applications may affect the recommendation on the accreditation status of the National Institution;
d) Applicants should provide documentation in its official or published form (for example, published laws and published annual reports) and not secondary analytical documents;
e) Documents must be submitted in both hard copy and electronically; f) All application related documentation should be sent to the ICC Secretariat at
OHCHR at the following address: National Institutions Unit, OHCHR, CH-1211 Geneva 10, Switzerland and by email to: [email protected] ; and
g) It is the responsibility of the applicant to ensue that correspondence and application materials have been received by the ICC Secretariat.
6.2 Deferral of re-accreditation applications: The Sub-Committee will apply the following policy on the deferral of re-accreditation applications:
a) In the event that an institution seeks a deferral of consideration of its re-accreditation application, a decision to grant the deferral can be taken only if written justifications for the deferral have been provided and these are, in the view of the ICC Chairperson, compelling and exceptional;
b) Re-accreditation applications may be deferred for a maximum of one year, after this time the status of the NHRI will lapse; and
5
c) For NHRIs whose re-accreditation applications are received after the due date or who have failed to submit their applications, their accreditation status will be suspended. This suspension can be in place for up to one year during which time the NHRI may submit its application for re-accreditation. If the application is not submitted during this time, the accreditation status will lapse.
6.3 NHRIs under review: Pursuant to Article 16 of the ICC Statute l , the ICC Chair or the Sub-Committee may initiate a review of a NHRI's accreditation status if it appears that the circumstances of that NHRI may have changed in any way which affects its compliance with the Paris Principles. Such a review is triggered by an exceptional set of circumstances considered to be temporary in nature. As a consequence, the regular re-accreditation process will be deferred until the review is completed.
In its consideration of NHRIs under review, the Sub-Committee will apply the following process:
a) a NHRI can be under review for a maximum of one and a half years only, during which time it may bring information to the Sub-Committee to demonstrate that, in the areas under review, the NHRI is fully compliant with the Paris Principles;
b) During the period of review, all privileges associated with the existing accreditation status of the NHRI will remain in place;
e) If at the end of the period of review, the concerns of the Sub-Committee have not been satisfied, then the accreditation status of the NHRI will lapse
6.4 Suspension of Accreditation: The Sub-Committee notes that the status of suspension means that the accreditation status of the Commission is temporarily suspended until information is brought before the Sub-Committee to demonstrate that, in the areas under review, the Commission is fully compliant with the Paris Principles. An NHRI with a suspended A status is not entitled to the benefits of an A status accreditation, including voting in the ICC and participation rights before the Human Rights Council, until the suspension is lifted or the accreditation status of the NHRI is changed.
6.5 Submission of information: Submissions will only be accepted if they are in paper or electronic format. The Statement of Compliance with the Paris Principles is the core component of the application. Original materials should be submitted to support or substantiate assertions made in this Statement so that the assertions can be validated and confirmed by the Sub-Committee. No assertion will be accepted without material to support it.
Further, where an application follows a previous recommendation of the Sub-Committee, the application should directly address the comments made and should not be submitted unless all concerns can be addressed.
6.6 More than one national institution in a State: The Sub-Committee acknowledges and encourages the trend towards a strong national human rights protection system in a State by having one consolidated and comprehensive national human rights institution.
In very exceptional circumstances, should more than one national institution seek accreditation by the ICC, it should be noted that Article 39 of the ICC Statute 2
I Formerly article 3(g) of the ICC Rules of Procedure 'Formerly Rule 3 (b) of the ICC Rules of procedure
6
provides that the State shall have one speaking right, one voting right and, if elected, only one ICC Bureau member.
In those circumstances the conditions precedent for consideration of the application by the Sub-Committee are the following:
1) Written consent of the State Government (which itself must be a member of the United Nations).
2) Written agreement between all concerned national human rights institutions on the rights and duties as an ICC member including the exercise of the one voting and the one speaking right. This agreement shall also include arrangements for participation in the international human rights system, including the Human Rights Council and the Treaty Bodies.
The Sub-Committee stresses the above requirements are mandatory for the application to be considered.
6.7 NHRI annual report
The Sub-Committee finds it difficult to review the status of an NHRI in the absence of a current annual report, that is, a report dated not earlier than one year before the time it is scheduled to undergo review by the Sub-Committee. The Sub-Committee stresses the importance for an NHRI to prepare and publicize an annual report on its national situation with regard to human rights in general, and on more specific matters. This report should include an account of the activities undertaken by the NHRI to further its mandate during that year and should state its opinions, recommendations and proposals to address any human rights issues of concern.
Adopted by the International Coordinating Committee of National Human Rights Institutions for the Promotion and Protection of Human Rights (ICC) by email after the SCA meeting of March 2009.
