JUNTA-CONTROLLED MYANMAR NATIONAL HUMAN RIGHTS COMMISSION IS RETURNED TO SENDER
GANHRI’s removal of the MNHRC is a step in the right direction in terms of paving the way for a future in which the promotion and protection of human rights in Myanmar is strengthened, whilst also hollowing out the military junta’s false claims of legitimacy.
In a blow to the junta’s efforts to claim false legitimacy on the international stage, the Global Alliance of National Human Rights Institutions (GANHRI) has confirmed its decision to remove the accreditation status of the junta-controlled Myanmar National Human Rights Commission. Long a proxy and a smokescreen for the military junta to try and whitewash its grave violations of international human rights and humanitarian law, Myanmar civil society welcomes the removal of the MNHRC’s international status. This achievement is a result of years of work by the CSO Working Group on Independent National Human Rights Institution (Burma/Myanmar) (Working Group), of which Progressive Voice is a convener, and its rights-based civil society partners. It establishes a precedent that can be followed by other countries around the world which are faced with defective national human rights institutions (NHRIs).
The Sub-Committee on Accreditation (SCA) of GANHRI—comprised of NHRIs from throughout the world—recommended in 2023 to conduct a special review of the accreditation status of the MNHRC. This was due to concerns repeatedly raised about its lack of independence and its inability to exercise its mandate effectively, as well as a report from the UN High Commissioner for Human Rights to the UN Human Rights Council that noted that the MNHRC had “effectively been subsumed under military control, thus eliminating any element of independence and credibility.” Subsequent to this review, GANHRI’s SCA recommended that the MNHRC have its accreditation status removed, pending a one-year period for the MNHRC itself to respond to concerns. This is the second time that the MNHRC had an opportunity to provide evidence that it is compliant with the Paris Principles—the international standards that guide NHRIs—with the first being the special review period. After this recommendation, the MNHRC was interviewed again, but failed to satisfy the SCA. Thus in 2024, the GANHRI-SCA repeated its view and recommendation that it “is not satisfied that the MNHRC has adequately addressed its concerns and therefore reiterates that the MNHRC has not demonstrated its compliance with the minimum requirements of the Paris Principles.” A 20-day appeal period followed, during which the MNHRC lodged an appeal which subsequently failed, and GANHRI’s final decision stands.
There are several grave concerns that the SCA noted, and these reflect the points that have been consistently documented and raised by the Working Group and the Asian NGO Network on National Human Rights Institutions (ANNI). In particular is the complicity of the MNHRC in the junta’s war crimes and crimes against humanity by acting as a shield against further criticism and scrutiny. The GANHRI-SCA pointed to a January 2023 statement by the MNHRC that welcomed the military junta’s release and reduction of sentences of prisoners as “humanitarian” and an “indication of goodwill of the government.” The SCA noted that it “considers that this message of endorsement from the MNHRC, coupled with the absence of public positions on the widespread violations allegedly taking place across the country, provides evidence that the MNHRC is operating in a manner that seriously compromises its independence.” Other pointsmade by the SCA include its concern that the MNHRC has not demonstrated “adequate efforts in addressing human rights violations in a timely manner” and it “has neglected to speak out in a manner that promotes protection for human rights in response to credible allegations of serious and widespread violations during the state of emergency, including attacks on civilians.”
The MNHRC has long had issues with independence since its inception, but since the coup attempt by the junta, it has been a proxy of one of the worst human rights violating militaries in the world, proving itself to be an accessory to the junta’s crimes by defending and promoting its actions. It is telling that the GANHRI-SCA report notes that when interviewed, the MNHRC questioned the “accuracy and thoroughness” of reports by both the UN High Commissioner for Human Rights and the UN Special Rapporteur on the situation of human rights in Myanmar—a repeat of junta propaganda when its human rights violations are exposed.
The removal of the MNHRC’s status is also a result of many years of hard work, advocacy and campaigning by the Working Group and its partner ANNI. In joint submissions to GANHRI dated 23 February 2023 and 31 May 2023, the Working Group and ANNI have advocated for the removal or suspension of the junta-controlled MNHRC from GANHRI, along with its affiliated regional networks: the Asia Pacific Forum (APF) and the Southeast Asia National Human Rights Institution Forum (SEANF). Therefore, following GANHRI’s decision, the regional and subregional bodies—the APF and the SEANF—must remove the MNHRC from their membership for being non-compliant with the Paris Principles. In fact, the APF uses GANHRI accreditation status as the basis for its own membership criteria and is therefore required to remove the MNHRC from its network.
GANHRI’s removal of the MNHRC is a step in the right direction in terms of paving the way for a future in which the promotion and protection of human rights in Myanmar is strengthened, whilst also hollowing out the military junta’s false claims of legitimacy. It also provides space for the establishment of a new, independent and Paris Principles-compliant national human rights institution that has credibility and the trust of the people in a future federal democratic Myanmar—a longstanding call from Myanmar civil society to the leading revolutionary entities. Given the tragedy and violence that the Myanmar people have experienced and continue to suffer at the hands of a cruel and brutal military junta, a human rights-centered government, with an independent NHRI able to effectively and actively exercise a mandate to protect and promote human rights, is essential for a just and inclusive Myanmar. The decision by GANHRI is therefore a positive move towards this future—a future that the discredited and toothless MNHRC will thankfully not be a part of.
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[1] One year following the 1988 pro-democracy uprising, the former military junta changed the country’s name from Burma to Myanmar overnight. Progressive Voice uses the term ‘Myanmar’ in acknowledgement that most people of the country use this term. However, the deception of inclusiveness and the historical process of coercion by the former State Peace and Development Council military regime into usage of ‘Myanmar’ rather than ‘Burma’ without the consent of the people is recognized and not forgotten. Thus, under certain circumstances, ‘Burma’ is used.
