Myanmar’s Response on the Interactive Dialogue with the so-called Special Rapporteur on the situation of human rights in Myanmar at the 55th Session of the Human Rights Council

(Geneva, 19 March 2024)

–         The Interactive Dialogue with the so-called Special Rapporteur on the situation of human rights in Myanmar was held on 19 March 2024 at the ongoing 55th session of the Human Rights Council with no representative of the country-concerned which is contrary to the fundamental principles of dialogue and cooperation.

–         The report was made available on 14 March 2024 to the member states while it was neither verified with nor sought comments from the country-concerned in violation of Article 8 (d) of the Code of Conduct for Special Procedures Mandate-holders of the Human Rights Council which stated “Give representatives of the concerned State the opportunity of commenting on mandate-holders’ assessment and of responding to the allegations made against this State, and annex the State’s written summary responses to their reports.”

–         It is found out that the Special Rapporteur mainly used unfounded allegations from unreliable sources and solely based on emotional narratives. Inclusion of narratives and references without any verifiable facts raises the question of professionalism and integrity of the work of the Special Rapporteur. For instance, explosions in Mong Lai Khet, Laiza area of Kachin State in the night of 9 October 2023 occurred due to the explosions of an arsenal near the KIA training school storing over 100 tons of ammonium nitrate and other explosives controlled by the KIA leaders. There was no operation by Tatmadaw as accused in the report.

–         The State Administration Council (SAC) issued an announcement that set the date for the People’s Military Service Law to come into force, which is 10 February 2024. Like many countries which apply similar practices in line with domestic requirements, Myanmar introduces military service. The Government has been conducting vigorous public awareness campaigns to better understand the Law and announced that anyone who has the knowledge of forced recruitment can file the complaint with the Central Body for summoning People’s Military Servants.

–         The Special Rapporteur could not deny the atrocities committed by the NUG, NUCC and PDF terrorist groups as well as insurgent groups. The insurgent groups intensified their attacks and supported the PDF terrorists for territorial gains. Yet, he continues inciting and misleading the international community to engage with the groups responsible for killings of over 7,000 innocent civilians. The Special Rapporteur has no mandate whatsoever to dictate how Myanmar and other states should interact each other. Taking side, lack of independence and impartiality and glorifying terrorist acts of the Special Rapporteur further show that he is not qualified to continue his functions as independent expert. Additionally, the ultimate intention of his recommendations to impose sanctions against state enterprises is to harm public services and general population and to threaten the business community.

–         Myanmar, as a country concerned, has repeatedly stated its clear position that Myanmar never recognizes and accepts the country-specific mandates and any product of the Special Rapporteur on the situation of human rights in Myanmar.

–         Myanmar is of the view that the mandate of the Special Rapporteur is just another tool to discredit the Government, create divisions between the people of Myanmar and the state institutions and deceive the international community by misusing the Human Rights Council.

–         Myanmar registers its appreciation to the delegations which made balanced and constructive statements during the Interactive Dialogue.

Permanent Mission of the Republic of the Union of Myanmar to the United Nations Office and other International Organizations