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Myanmar National Human Rights Commission

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Myanmar National Human Rights Commission
NameMyanmar National Human Rights Commission
Formation2011
HeadquartersNaypyidaw
Leader titleChairperson

Myanmar National Human Rights Commission is a national human rights institution established in 2011 to advise the State Peace and Development Council transition authorities and later the State Administration Council on human rights issues in Myanmar, including allegations arising from internal conflict and civic unrest. The commission has interacted with regional bodies such as the Association of Southeast Asian Nations and global mechanisms such as the United Nations Human Rights Council and the Office of the United Nations High Commissioner for Human Rights. Its role has been contested amid overlapping mandates involving institutions like the Attorney-General's Office of Myanmar, the Union Election Commission (Myanmar), and civil society actors including Human Rights Watch, Amnesty International, and domestic groups.

History

The commission was announced by the Thein Sein administration as part of a series of reforms following the 2010 general election and the end of direct rule by the State Peace and Development Council. Its creation referenced commitments made during engagements with representatives from the International Commission of Jurists, the European Union and delegations from the United States and Japan. Early membership included figures linked to former military and bureaucratic elites, provoking responses from activists associated with the All Burma Students' Democratic Front, the National League for Democracy, and ethnic organizations such as the Kachin Independence Organisation and the Karen National Union. Subsequent developments saw the commission operate under successive administrations, including the Htin Kyaw presidency and the Win Myint cabinet, before its status was altered following the 2021 events involving the Tatmadaw (Myanmar) and the 2021 Myanmar coup d'état.

The commission's statutory basis draws on domestic instruments promulgated by the Pyidaungsu Hluttaw and executive orders issued from Naypyidaw, informed by international instruments like the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and regional norms promoted by the ASEAN Intergovernmental Commission on Human Rights. Its mandate as stated in founding instruments includes investigation of alleged violations, provision of recommendations to Union Ministers, promotion of public awareness, and cooperation with institutions such as the International Criminal Court and treaty bodies like the Human Rights Committee (CCPR). Critics note tensions with provisions of the 2008 Constitution (Myanmar) and national laws administered by the Ministry of Home Affairs (Myanmar), affecting independence and the ability to meet the Paris Principles benchmarks for national human rights institutions.

Organizational structure

The commission traditionally comprised a chairperson and multiple commissioners drawn from diverse backgrounds, including former judges from the Supreme Court of Myanmar, academics from institutions such as the University of Yangon, retired civil servants from the Ministry of Foreign Affairs (Myanmar), and representatives of minority communities. Secretariat functions have been housed in Naypyidaw and Yangon offices, with departments for investigation, legal affairs, outreach, and international relations liaising with bodies like the Office of the United Nations High Commissioner for Human Rights and the ASEAN Secretariat. Appointment and removal procedures have involved the President of Myanmar and other executive actors, raising debates about separation from the Tatmadaw-influenced chains of authority.

Activities and investigations

The commission has produced reports and statements addressing incidents including clashes in Rakhine State involving the Arakan Rohingya Salvation Army, communal violence in Letpadaung related to the Wanbao Mining Company and protests involving the Letpadaung Taung dispute, as well as inquiries into crackdowns associated with demonstrations linked to the 2015 general election period. It has engaged with international fact-finding initiatives and received submissions from non-governmental organisations such as Fortify Rights and the Transnational Institute. The body has also undertaken outreach programs to legal clinics at the Yangon University Law Department, conducted training with officials from the Ministry of Social Welfare, Relief and Resettlement (Myanmar), and accepted individual complaints alongside referral communications from entities like the International Committee of the Red Cross.

Criticism and controversies

Human rights organisations including Human Rights Watch, Amnesty International, and the International Crisis Group have criticised the commission for perceived lack of independence, limited transparency, and inadequate follow-through on recommendations, particularly regarding allegations connected to operations by the Tatmadaw and incidents in Rakhine State. Domestic activists from groups such as the Federation of Trade Unions of Burma and exile networks tied to the National Unity Government (Myanmar) have disputed its impartiality, noting overlaps with executive appointments and constraints imposed by the 2008 Constitution (Myanmar). High-profile controversies involved contested responses to the 2017 Rohingya crisis and the commission's engagement—or lack thereof—with fact-finding missions led by the United Nations Fact-Finding Mission on Myanmar.

International cooperation and reporting

The commission has engaged with international partners including the Office of the United Nations High Commissioner for Human Rights, the International Coordinating Committee of National Human Rights Institutions, and the Asia Pacific Forum of National Human Rights Institutions, submitting reports to the United Nations Human Rights Council and participating in the Universal Periodic Review process coordinated by the United Nations Office of the High Commissioner for Human Rights. It has also coordinated with donor governments such as Australia, United Kingdom, and Norway on capacity-building initiatives, while receiving scrutiny from bodies like the International Criminal Court prosecutor and the European Parliament in relation to alleged international crimes. Ongoing engagement has included technical assistance from the International Commission of Jurists and joint programming with regional actors including the ASEAN Intergovernmental Commission on Human Rights and the ASEAN Human Rights Declaration mechanisms.

Category:Human rights in Myanmar Category:National human rights institutions