Recommendations 143.88, 143.89, 143.90, 143.91, 143.92, 143.93, 143.94, 143.95, 143.96, 143.97, 143.98, 143.99, 143.100, 143.101, 144.80, 144.81, 144.83, 144.84
Interfaith friendship activities
88. The Constitution of Myanmar guarantees every citizen equal rights to freedom of conscience and to freely profess and practice religion. According to the recent statistics of the Ministry of Religious and Cultural Affairs, the current status of religious buildings for different faiths across the country are one Monastery for every 673 Buddhists, one Church for every 443 Christians, one Mosque for every 493 Muslims, and one Temple for every 635 Hindus.
89. As per the recommendation of the Rakhine Advisory Commission to list and protect historic, religious and cultural sites of all communities in Rakhine, the number of religious edifices that were allowed to be built or renovated by the Nay Pyi Taw Council, and Region and State governments across the country from April 2016 to February 2020 amount to 406
religious buildings for Buddhism, 167 for Christianity, 52 for Islam, 26 for Hinduism and 3 for other faiths, respectively.
90. Freedom of worship in the prisons is practiced as devotees are permitted to worship according to their faith on normal days as well as on holy days.
91. Since 2018, the Religions for Peace (RfP) (Myanmar) has conducted training programmes to promote interfaith harmony and the role of women and youth. The Asia Region Multi-Religion consultation with Religions for Peace (RfP) representatives from 21 Asian countries was held from March 5 to 7, 2019 at St. Mary’s Cathedral Church, Yangon.
92. The Interfaith Friendship Group (Myanmar) has been set up with one group at the central level, 11 groups at region and state levels, 40 groups at district level, 221 groups at township level, in total 173 groups, so as to enhance a peaceful social life, to prevent religious conflicts, to take care of victims of religious disputes, to implement rehabilitation works, to safeguard national identity by creating mutual respect between different faith groups. With the goal of national development and solidarity through interfaith friendship activities, a Memorandum of Understanding (MoU) on Collaboration was signed between the Interfaith Friendship Group (Myanmar) and the Religions for Peace (Myanmar) on 4 February 2019.
93. His Holiness Pope Francis donated one hundred thousand US Dollars which were distributed equally to different faiths in Rakhine State. To share knowledge on violence and the consequences of wars caused by religious extremists across the world, the youth’s consultation camp at St. Mary’s Cathedral Church in Yangon was hosted by Religions for Peace (Myanmar) from 18 to 20 December 2018. Furthermore, interfaith friendship group members attended the interfaith dialogues, workshops and meetings in the Philippines, New Zealand, China, Cambodia, Indonesia and Australia. There were 257 consultations of the interfaith friendship group between 2016 and February 2020.
Hate speech, freedom of expression and assembly
94. In accordance with Section 364 of the Constitution which prohibits hate speech on social and religious issues, the Protection Against Hate Speech Bill is being developed. The National Cultural Central Committee led by Vice President 2 was formed with relevant ministers from regions and states to promote cultural preservation. Directive on the prevention of incitement to hatred and violence (or) prevention of proliferation of hate speech was issued by the Office of the President on 20 April 2020. Since then all government institutions and agencies have conducted awareness activities on hate speech.
As a follow-up to implementation of this notification, the Government is currently collaborating with UNESCO through its proposal to hold awareness raising and capacity trainings on prevention of hate speech. This training is intended for government officials of different ministries and departments at Union and State/Region levels.
95. A Workshop on Enhancing Women’s Social Cohesion Roles in Rakhine State was held in Yangon organized by the Centre for Diversity and National Harmony (CDNH) and the National Reconciliation and Peace Centre (NRPC) in February 2020. Anti-hate speech campaigns were conducted in 17 townships of Rakhine State in March 2020. A workshop on reviewing the activities of anti-hate speech in Rakhine State was held in July 2020 and was attended by 138 women representatives from the 17 townships, representing diverse communities, assessed their activities.
96. The Press Law 2014 provides the news media personnel with the right to collect information, to enter into premises of certain offices, departments and organizations in accordance with regulations. Since April 2013, publication of private newspapers has been allowed. Regional news from different states in eleven ethnic languages are broadcast daily on television. Media personnel have the right to collect news in the areas where there are armed conflicts or where disturbances, riots, and public demonstrations are taking place.
While collecting news, in accord with the terms and conditions stipulated by the relevant responsible organization, they shall be exempt from arrest and detention, and instruments relating to the acquisition of news shall not be seized or destroyed by any security organization. They shall also have the right to ask for the protection of the security organizations. The Ministry of Information has been conducting consultations with the
Myanmar News Media Council to amend the law on the duties and responsibilities of media personnel.
97. Regarding the protection of those holding peaceful assemblies or peaceful processions, the police shall take necessary protective and safeguarding measures to prevent disturbance, annoyance, assault, coercion or obstruction, and to keep those persons safe from danger in accordance with Section 13 of the 2016 Peaceful Assembly and Peaceful Procession Law.
98. The Ministry of Information is also collaborating with the News Media Council, UNESCO, IMF, local news and journalist organizations, such as Myanmar Journalists Association, Myanmar Journalist Union and Myanmar Journalists Network. Myanmar News Media Council conducted three workshops at the Union level, and twelve workshops at the Region and State levels.
99. According to the Union Election Law, the Union Election Commission held a by-election for 19 vacant constituencies on 1 April 2017 and a by-by-election for 19 vacant constituencies on 3 November 2018.
100. The Union Election Commission is committed to holding free and fair elections in 2020. The Commission has set five criteria for the elections which must be free in accordance with the law, fair in accordance with the law, transparent, trustworthy, and the election results must reflect the will of the voters. It is collaborating with the International Institute for Democracy and Electoral Assistance (IDEA), Democracy Reporting International (DRI), Danish Institute for Parties and Democracy (DIPD), International Foundation for Electoral System (IFES), Netherlands Institute for Multiparty Democracy (NIMD), DEMO Finland as well as the Carter Centre and Asian Network for Free Elections (ANFREL), and civil society organizations to address election issues. Moreover, the Commission had conferred with ambassadors from 18 foreign embassies accredited to Myanmar and country representatives on their assistance related to the 2020 general elections including the participation and cooperation of women in politics.
K. Citizenship, internally displaced persons (IDPs) and trafficking in persons
Recommendations 143.119, 143.120, 143.121, 143.122, 143.74, 144.75
101. The National Registration and Citizenship Department under the Ministry of Labour, Immigration and Population has undertaken to ensure the legal status of residents in Myanmar in accordance with the 1949 Registration Act for residents within Myanmar and the Myanmar Citizenship Law of 1982. From 2016 to August 2020, Citizenship Scrutiny Cards for 10 year olds and 18 year olds have been issued to 114,112 people in Rakhine State. National Verification (NV) cards have been issued to 80,482 people who turned in their Temporary Identity Certificates. National verification process is being conducted in all townships of Rakhine State and the Central Body granted 569 persons Citizen status and, 3,574 persons as Naturalized Citizen status, between April 2016 to August 2020.
102. 19,946 NV Cards were issued in Sittwe, Rathedaung, Pauktaw, Mrauk-U, Kyauktaw, Myebon, Kyaukpyu, Minbya, Maungdaw, Buthidaung, Thandwe, Ramree and Ann Townships within Rakhine State. The total number of Citizenship Scrutiny Cards issued in Rakhine State is 10,705. With the purpose of promoting peace and stability in Rakhine State, the Central Committee for the Implementation of Peace and Stability and Development in Rakhine State was established with the State Counsellor as chair on 30 May 2016. The Union Enterprise for Humanitarian Assistance, Resettlement and Development in Rakhine State (UEHRD) was also formed in October 2017.
103. Myanmar signed the Arrangement on Return of Displaced Persons from Rakhine State with Bangladesh on 23 November 2017. According to the agreement, displaced persons can return voluntarily and safely to their original places of residence or to a safe and secure place nearest to it of their choice. Verification for return is based on simple procedures based on evidence of past residence in Rakhine State.
104. On 19 December 2017, Myanmar and Bangladesh signed the Terms of Reference (ToR) for the Joint Working Group (JWG) on the Repatriation of Displaced Myanmar Residents from Bangladesh. On 16 January 2018, the two countries signed the Physical Arrangement for Repatriation of Displaced Myanmar Residents from Bangladesh under the Arrangement on Return of Displaced Persons from Rakhine State. According to the agreement, Bangladesh has to provide the list of and information on displaced persons who left Rakhine for Bangladesh after the 9 October 2016 and the 25 August 2017 attacks. The list has to be completed on the agreed forms by the potential returnees. Myanmar has to provide relevant information, including on resettlement plans, provision of livelihood assistance, access to basic services, and safely arrangements. Myanmar side has verified the lists received from Bangladesh and sent back the results for the implementation of the repatriation process.
105. An MoU between Myanmar and UNDP and UNHCR was signed on 6 June 2018.
Under the MoU, UNDP and UNHCR will support Myanmar Government’s efforts for the safe, dignified and voluntary return and relocation of displaced persons.
106. The Government is also assisting Internally Displaced Persons living in IDP Camps in Rakhine State, Kachin State, Kayin State and Shan State, in line with humanitarian norms. In this regard, respective ministries, Region and State governments and all organizations are cooperating. There are 17 IDP Camps in Rakhine State and humanitarian assistance has been given to them by the State Government, Department of Disaster Management, WFP and Relief International. To relocate the IDPs to safe and secure places, plans have been developed in Sittwe Township, Pauktaw Township and Kyaukpyu Township in Rakhine State.
107. There are 84 IDP Camps in Kachin State and humanitarian assistance is provided for them by the State Government, the Department of Disaster Management, Myanmar Red Cross Society (MRCS), WFP, UNHCR, UNICEF and well-wishers. Some IDPs are returning to their places of origin according to their wishes and the State Government is expediting their return. As of August 19 2020, there are 23 IDP Camps in Shan State and humanitarian assistance has been given to them by the State Government, the Department of Disaster Management, MRCS, WFP, ICRC and other Civil Society Organisations (CSOs). There are 2 IDP Camps in Kayin State, Myaing Gyi Ngu area, and humanitarian assistance has been given to them by the State Government and the Department of Disaster Management, the Social Welfare Department and well-wishers. Vocational trainings for IDPs are aimed at gender equality and enhancing employment opportunities.
108. Humanitarian assistance, including food, infrastructure support, seeds, cash support as well as Cash for Work Programmes, have been provided to all communities residing in Maungdaw and Butheetaung Townships by the Red Cross Movement. Regarding education services, temporary schools have been built by UNICEF for 26,472 children from the IDP Camps in Rakhine and Kachin States. Facilities were provided for 500 out-of-school children to enable them to attend Non-formal Level-1 classes, and 551 children to attend Level-2 classes. A total of 497 volunteer teachers have been appointed in the IDP Camps and basic education schools in Rakhine State. In Maungdaw Township, construction of new school buildings, staff quarters and related tasks have been carried out under the supervision of the Rakhine State Government. Children from the IDP Camps are studying in these schools. At Hla Phoe Khaung reception centre for IDPs, necessary teaching aid equipment was provided for students. A playground and three school buildings have been constructed by UEHRD as well.
109. The Government adopted the National Strategic Plan for Resettlement of IDPs and Closure of IDP Camps in line with the UN Guiding Principles on Internal Displacement.
This strategy provided a framework for closing IDP Camps, rehabilitation and finding a solution that would end displacement. A national level committee was formed on 25 February 2020 to implement the strategy across the country.
Combatting trafficking in persons
110. Myanmar regards anti-trafficking in persons as a national cause and has been carrying out anti-trafficking activities under existing laws. Myanmar became a party to the
United Nations Convention against Transnational Organized Crime and its Protocols, including TIP Protocol. Moreover, Myanmar is also a member of the ASEAN Convention Against Trafficking in Persons, Especially Women and Children (ACTIP).
111. In keeping with international norms and practices, Myanmar is drafting a new law to replace the existing Anti-trafficking in Persons Law. Myanmar has adopted and is implementing the Third Five-Year Plan of Action (2017-2021) for cooperation, prevention, prosecution and protection. Myanmar Police Force’s Anti-trafficking in Persons Division has established 3 Sub-Divisions, 20 Task Forces, 60 Platoons, 3 Child Protection Units and 9 Platoons to strengthen efforts to combat the smuggling of migrants by land, air and sea.
From 2017 to 2019, 670 trafficking in persons cases were investigated and action has been taken against 1129 perpetrators while 864 persons were involved as victims.
112. Meetings between the Myanmar Police Force and the Royal Thai Police (MPF-RTP) and between the Myanmar Police Force and Department of Special Investigation, Thailand (MPF-DSI) on Cooperation to combat trafficking in persons are held twice a year. The offices of Myanmar-Thai Border Cooperation against Trafficking in Persons (BCATIP) have been established. Myanmar also established the Myanmar-China Border Liaison Offices to cooperate in combatting trafficking in persons, and the Myanmar-China meetings are held once a year to cooperate in the combat against trafficking in persons.