Myanmar - Universal Periodic Review

UPR 37, January 25, 2021
Recommendations by Canada

Background

Despite legal and policy pledges by Myanmar, the past five years have seen significant deterioration in human rights. The Myanmar military continues to operate with impunity. Myanmar has failed to hold its military accountable for mass killings, torture, and sexual and gender-based violence, and other international criminal law violations perpetrated against the Rohingya in 2017. In September 2018, Canada’s parliament recognized these crimes as constituting genocide. These patterns of human rights violations continue to be perpetrated by the military, and in several cases, by ethnic armed organizations, notably in Rakhine, Chin, Kachin, and Shan States, where civilians including children have been used as human shields, suffered indiscriminate attacks, and have been displaced en masse. Myanmar also remains among the last countries in the world to use antipersonnel landmines. Civilian vulnerabilities are further compounded by increasing restrictions on humanitarian access in conflict zones and attacks on humanitarian transport and supplies.

Beyond threats to their physical safety, marginalized populations remain vulnerable due to institutionalized discrimination and insufficient legal protections. Arbitrary deprivation of nationality for the Rohingya under the 1982 Citizenship Law continues to curtail their fundamental rights including freedom of movement, full access to basic services, such as healthcare and education, and political participation. Ethnic and religious minorities continue to face cross-cutting restrictions including on their rights to freedom of religion or belief, expression and assembly, self-determination, and access to and management of land and natural resources.

Furthermore, while Myanmar carried out relatively peaceful elections in November 2020, of significant concern was the disenfranchisement of eligible voters among nearly 2 million ethnic minorities, including 600 000 Rohingya. There has also been an overall shrinking of political space and further erosions of freedom of speech and assembly including ongoing internet restrictions in Rakhine, arrests of peaceful protesters, activists, and journalists, and onerous restrictions on civil society activity.

Recommendations

Thank you, Madam President.

Canada recognizes some actions since Myanmar’s last UPR, including passage of the Child Rights Law.

Canada recommends that Myanmar:

1. Ratify and fully implement all remaining international human rights treaties.
2. Hold security forces accountable for gross human rights violations and fully cooperate with international courts and accountability mechanisms, and ensuring full compliance with the ICJ’s provisional measures order.
3. Amend or repeal the 1982 Citizenship Law to eliminate legal discrimination on the basis of ethnic, racial or religious identity; and fully implement the recommendations of the Rakhine Advisory Commission.
4. Ensure that all parties to conflict cease hostilities, protect civilians, including the Rohingya and other ethnic and religious minorities, and comply with international humanitarian law
5. Repeal or amend, and cease the arbitrary application of, laws restricting freedom of expression and assembly.

Canada remains extremely concerned by institutionalized discrimination against ethnic and religious minorities, and the shrinking democratic space caused by criminalizing dissent.