4.2. Myanmar: National Human Rights Commission (MNHRC)

Decision: The SCA decides to initiate a Special Review of the Myanmar National Human Rights Commission (MNHRC) at its second session of 2023.

The SCA has become aware of the report of the United Nations High Commissioner for Human Rights to the Human Rights Council, 2 March 2023, (A/HRC/52/21), on the situation of human rights in Myanmar which states that “The military authorities have also targeted the country’s legal and institutional systems by unilaterally adopting laws, imposing amendments to existing provisions and using laws and institutions to target opponents and suppress dissent. The judiciary of Myanmar and the National Human Rights Commission have effectively been subsumed under military control, thus eliminating any element of independence and credibility”.

The SCA also notes publicly available information that the Chairman, Vice Chairman, and Members of the National Human Rights Commission were appointed on 1 February 2021 via Order No 4/2021 issued by the Senior General and Commander-in-Chief of Defence Services.

On 7 January 2023, the Myanmar National Human Rights Commission (MNHRC) released a press statement describing the pardoning of 7012 prisoners as an expression of good will and humanitarianism by the Chairman of the State Administration Council. These prisoners were charged under various laws including the Unlawful Associations Act and the Counter-Terrorism Law. The High Commissioner’s report also highlights that “[i]n 2021, amendments to the Counter-Terrorism Law introduced higher penalties as well as vague formulations that are open to arbitrary application.” The High Commissioner further stated that “[o]n 28 October, the military unilaterally amended the 2014 Association Registration Law, which now further restricts the operations of civil society. The amendments introduce compulsory registration and criminal penalties…for lack of compliance.”

The SCA is also aware of publicly available information from civil society organisations, claiming the failure of the MNHRC to discharge its promotion and protection mandate in an independent and effective manner.

The SCA is, therefore, of the view that this information raises concerns with respect to the continued partial compliance of the MNHRC with the Paris Principles. Consequently, the SCA has decided to initiate a Special Review, in accordance with Article 16.2 of the GANHRI Statute.

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