Myanmar National Human Rights Commission

7/28/2019 Myanmar National Human Rights Commission

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Myanmar National Human

Rights Commission


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What Do We Know?The Myanmar National Human Rights

Commission (MNHRC) was established under

Union Government's Notification No.

34/2011 dated 5 September 2011


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What Do We Know?Under Union Government's Notification No. 34/2011members of the MNHRC are:

U Win Mra, Chairman, Ambassador (Retd)

U Kyaw Tint Swe, Vice-Chairman, Ambassador (Retd)

U Tun Aung Chein, Member Professor (Retd), Department of History

U Hla Myint, Member Ambassador (Retd)

U Than Swe, Member Director-General (Retd), Forest Department Dr Nyan Zaw, Member, State Medical Officer (Retd)

Dr Daw Than Nwet, Member Professor (Retd), Department of Law

Daw Saw Khin Gyee, Member Professor (Retd), Department of InternationalRelations

U Tin Nyo, Member, Director-General (Retd), Basic Education Department

U Kwa Hteeyo, Member, State Law Officer (Retd) U Khin Maung Lay, Member, Director (Retd), Labour Department

U Lapai Zawgun, Member, Consul (Retd)

U Nyunt Swe, Member Deputy Director-General (Retd), Ministry of ForeignAffairs

Daw San San, Member, Director (Retd), Labour Department

U Sit Myaing, Secretary, Director-General (Retd), Social Welfare Department


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What Do We Know?

Responsibilities and entitlements of the MNHRC are as follows (accordingto a letter of the MNHRC):

To accept complaint letters on violation of citizens' fundamental rightsstipulated in the Constitution of the Republic of the Union of Myanmar, to

investigate the complaints and to forward the findings of investigation torelevant government departments and organs so as to take necessaryaction

To investigate information acquired on violation of citizens' fundamentalrights and to forward the findings of investigation to relevant governmentdepartments and organs so as to take necessary action

To assess whether rights defined in international human rightsconventions to which Myanmar is a party are fully enjoyed, and to adviseon Myanmar's reports to be submitted to international human rightsorganizations


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What Do We Know?

To assess whether Myanmar should join the international human rightsconventions to which Myanmar is not yet a party, and to presentrecommendation on it

To contact and work with UN agencies and partner organizations both

inside the country and abroad which are working for promotion andprotection of human rights

To assist on subject matter regarding human rights capacity buildingprograms and research programs

To initiate and assist in raising public awareness on human rightspromotion and protection

To carry out tasks entrusted occasionally by the state President withregard to human rights promotion and protection


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What Do We Know?

The Myanmar National Human Rights Commission shall report directly tothe President on its conducts and human rights developments in annualreports

When carrying out its functions, the Myanmar National Human RightsCommission can call upon relevant persons for questioning. It can call forviewing of relevant documents with the exception of those particularlyprohibited under state requirements

No one can sue the Myanmar National Human Rights Commission,Commission members or those assigned tasks by the Commission,whether in criminal proceedings or in civil proceedings, for executing insincerity responsibilities and entitlements ascribed in this notification

The tenure of the Commission Chairperson and members shall be thesame as that of the state President, and they can serve for two terms


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Assessing MNHRCs Compliance with

The Paris Principles

No official information about the procedure, mandate, andresponsibilities of the commission has been made accessible to thepublic and, in particular, victims of human rights violations

The entire process of establishing the NHRC has been everythingbut transparent

The lack of transparency and the little information known aboutthe MNHRC are in themselves violations of the Paris Principles

Assessing the MNHRC can therefore only be done against the fewinformation available, which are enough to conclude that thecommission is not independence and effective and does notcomply with the Paris Principles


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Mandate of The MNHRC

The mandate of a NHRC must be set out in the constitution or in legislation

MNHRC was established by a Government Notification

Its mandate has no legal foundation, it is only layed out in a MNHRCsletter

The mandate must be clearly defined, as broad as possible and based onhuman rights standards

Only little information is available in a one page letter of the MNHRC

MNHRCs mandate is based on the 2008 Constitution which itselfviolates the rights of the people of Burma

The mandate must be to promote and protect human rights

MNHRCs mandate does not stipulate the promotion and protection of human rights


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Responsibilities of the MNHRC

NHRIs should have the power to comment on existing and draft laws

The MNHRC does not have this responsibility

NHRIs should have the power to monitor the national human rights

situation without prior approval and to freely publicize its advises

The MNHRC needs to require priorpresidential authorization for

prison visits and interviews with prisoners are conducted in the

presence of prison officials

The MNHRC hasent clarify whether it can monitor private and publicbodies such as the police and the Burma Army

The Chairman of the MNHRC stated that it will not monitor and

investigate cases of human rights violation in ethnic conflic affected

areas


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NHRIs should have the power to co-operate with regional

international bodies

NHRIs should not submit reports to international bodies on

behalf of a government but rather on their own behalf

MNHRC has the responsibility to advise on Myanmars

reports to be submitted to international human rights

organisations.


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Receiving complaints from individuals or groups

Many information about the capacity of the MNHRC to receive complaints

remain unknow while they should be clearly detailed in a founding law

Can civil society organisations make complaints on behalf of victims?

Has the MNHRC put in place protection mechanisms for the victims

and witnesses?

Does the MNHC have the power to recommend reparation for

victims?

The MNHRC should send its reports to the public as a whole and

should include complaints received and investigated, monitoring and

advice given to the government


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Composition and Pluralism

The terms and conditions of the appointment and dismissal

of members should be transparent and set out in thefounding law of the NHRI

The method of appointment should involve the parliamentand ensure that representatives of the civil society have ameaningful say in the process

MNHRCs members were choosen by the President,without any consultation and transparency regarding theselection criteriaand process


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Composition and Pluralism

Members should have the professional qualifications andexperience to perform their job and a personal history ofintegrity, competence and independence

The composition of NHRIs should reflect pluralism and include

members from different sector of the society

The MNHRCs 15 members are all retired civil servants

There are no representatives of NGOs, trade unions etc.

The Chairman and Vice-Chairman and other members havebeen defending the regime against allegations of human rightsviolations for years in their capacity of former ambassador


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Autonomy and Independence

Legal Autonomy

The constitutional provision or law that establishesan institution should give it a distinct legal

personality

The MNHRC was established by a GovernmentNotification and has no legal personality


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Autonomy and Independence

Operational Autonomy

NHRIs should have the power to draft their own rules of procedures thatcannot be modify by an external authority

The MNHRCs rules of procedure are being examined by the judiciary

and are awaiting approval by the council of ministers

NHRIs should not answer to the government but to an authority otherthan the executive, most usually the legislature

The MNHRC shall report directly to the President on its conducts.

NHRIs should be able to investigate and monitor the human rightssituation at their own initiatives and should not receive instructionsfrom the government

The MNHRC will carry out tasks entrusted by the State President.


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Autonomy and IndependenceFinancial Autonomy

An NHRI should have control over its finances and how they

may be used

Funds need to be adequate and sufficient for the NHRI tocarry out its mandate

The parliament should approve the budget

No information about the MNHRCs finances is available


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Conclusion

The little information known about the MNHRC isenough to conclude that it is not an independent andeffective institution and does not comply yet with

the Paris Principles

The MNHRC needs to make information about itsmandate, procedures and responsibilities available

to the public, especially victims of human rightsviolations

Documents

Myanmar National Human Rights Commission