Abstract
National Human Rights Institutions (NHRIs) have a significant role to play in advancing the promotion of human rights and in holding governments accountable to their human rights commitments. Although NHRIs are established by the government, they are mandated to be independent bodies that scrutinize the government’s challenges in the promotion, protection and respect of human rights in their country.
Often civil society organizations (CSOs) insist that NHRIs should take a “watchdog” role on the State; however, in emerging democracies and in stages of transition where many are the challenges governments face in advancing human rights, NHRIs can play a crucial role in bridging the divide between civil society and the State. What opportunities are there for the Myanmar National Human Rights Commission under the new semi-civilian government?
During the 28th Session of the Human Rights Council in March 2015, Myanmar’s Deputy Foreign Minister U Thyant Kyaw declared: “In order to be more compliant with the Paris Principles, the Myanmar National Human Rights Commission Law was enacted by the Parliament on 28 March 2014”. This action by the government already back in 2014 and 2015 shows a clear commitment to move forward in establishing functioning NHRIs in Myanmar; however, despite some improvements, the MNHRC continues to be criticized for a perceived lack of effectiveness in Myanmar.
This chapter argues that an assessment of the MNHRC against such critiques needs to be placed within a larger context of transition and semi-civilian rule, as well as the detailed implications and gaps of “the Myanmar National Human Rights Commission Law”.This chapter will argue that an assessment of the MNHRC against such critiques needs to be placed within a larger context of transition and semi-civilian rule, as well as the detailed implications and gaps of “The Myanmar National Human Rights Commission Law”.
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Notes
- 1.
The two girls’ case mediated by MNHRC and the resulting scandal in the media due to the 5 million kyat payout for slavery and torture.
- 2.
The fact-finding mission was conducted from 16 to 18 November 2015 by the Asian Forum for Human Rights and Development (FORUM-ASIA), as secretariat of the Asian NGO Network on NHRIs (ANNI), and Burma Partnership . The mission team comprised Professor Kyong-Whan Ahn, former Chairperson of the National Human Rights Commission of the Republic of Korea and Professor Emeritus, Seoul National University Law School; Mr. Nur Kholis, Chairperson of National Human Rights Commission of Indonesia (Komnas HAM); Ms. Betty Yolanda, Country Programme Manager of FORUM-ASIA; and Mr. Joses Kuan, Advocacy and Research Officer of Burma Partnership.
- 3.
End of Mission Statement on the Impact and Effectiveness of the Myanmar National Human Rights Commission (MNHRC), 18 November 2015.
- 4.
See, for example, Michael J.V. White in this volume.
- 5.
2008 Constitution of Myanmar, Chapter 8: Citizen, Fundamental Rights and Duties of the Citizens http://extwprlegs1.fao.org/docs/pdf/mya132824.pdf.
- 6.
LWF facilitated trainings in 2016 at township level with a number of government departments, including the Township Medical Office, Township Education Office, members of staff from the Administration Department and the Police as well as the Township Land Committee, village tract Authorities and villagers in Chin, Ayewardy and Kayin State.
- 7.
The MNHRC has already informed the President’s Office on this plan and is waiting for adequate budget allocation to roll out the establishment of branch offices.
- 8.
The National Human Rights Commission of Nepal cooperates with the international nongovernmental organization (NGO), UPR Info and LWF to conduct mid-term assessments of the implementation of UPR recommendations and consultations with civil society and other stakeholders.
- 9.
LWF Myanmar Analysis of UPR Recommendations: April 2016, page 10.
- 10.
2016 Annual Report by the Myanmar National Human Rights Commission, page 36.
- 11.
LWF /MNHRC Workshop with Parliamentarians from Upper and Lower House, held in Nay Pyi Taw 9–10 August 2016.
- 12.
SIDA Decentralized Evaluation of the Raoul Wallenberg Institute’s project “Strengthening Human Rights in Myanmar” November 2014.
- 13.
Interview with Deputy Director of Equality Myanmar JMS on work planned for 2018 and 2019 of the human rights NGO .
- 14.
Burma Partnership MHNHRC Monitor. http://www.burmapartnership.org/tools-for-activists/.
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Traglia, F.P. (2020). From Transition to Government Accountability: Opportunities for the Myanmar National Human Rights Commission. In: Gomez, J., Ramcharan, R. (eds) National Human Rights Institutions in Southeast Asia. Palgrave Macmillan, Singapore. https://doi.org/10.1007/978-981-15-1074-8_6
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