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Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights

The government did not fully allow domestic human rights organizations to function independently. Human rights NGOs were able to open offices and operate, but there were some reports of harassment and monitoring by authorities, and that authorities sometimes pressured hotels and other venues not to host meetings by activists or other civil society groups.

Human rights activists and advocates, including representatives from international NGOs, continued to obtain short-term visas that required them to leave the country periodically for renewal. The government continued to monitor the movements of foreigners and interrogated citizens concerning contacts with foreigners.

The United Nations or Other International Bodies: As of year’s end, the government had not agreed to the opening of an Office of the UN High Commissioner for Human Rights (OHCHR). While formally allowing OHCHR staff to maintain a nominal presence in country, the government delayed visa issuance for some OHCHR staff members and continued to require travel authorization for travel to Rakhine State and conflict areas.

On September 17, the UN Fact-Finding Mission, established by the UN Human Rights Council, published its final report on the country, which detailed atrocities committed by the military in Rakhine, Kachin, and Shan States, as well as other areas, and characterized the “genocidal intent” of the military’s 2017 operations in Rakhine State. The government denied the Fact-Finding Mission permission to enter the country and publicly disavowed the report.

The government continued not to allow the UN special rapporteur on the situation of human rights in Myanmar to enter the country, but permitted UN special envoy of the Secretary-General on Myanmar Christine Schraner Burgener, who was appointed in April, to enter the country on multiple occasions and meet with officials, including Aung San Suu Kyi and Commander-in-Chief Minh Aung Hlaing.

The ICRC had full access to independent civilian prisons and labor camps. The government also allowed the ICRC to operate in ethnic-minority states, including in Shan, Rakhine, and Kachin States.

Government Human Rights Bodies: The Myanmar National Human Rights Commission investigated some incidents of gross human rights abuses. In some prominent cases, it called on the government to conduct investigations into abuses, and in October it called on the government to facilitate the repatriation of Rohingya from Bangladesh. It also conducted investigations into police mistreatment of detainees (see section 1.d., Arrest Procedures and Treatment of Detainees). Its ability to operate as a credible, independent mechanism remained limited. The commission supported the development of human rights education curricula, distributed human rights materials, and conducted human rights training.

On July 30, the government announced the formation of the Commission of Enquiry (COE) for Rakhine State, headed by Rosario Manalo, a former deputy prime minister of the Philippines. The four-person COE did not release any findings as of October. Previous government-led investigations into reports of widespread abuses by security services against the Rohingya in northern Rakhine State in 2016 yielded no findings of guilt or accountability and were criticized by international observers as deeply flawed.

The Advisory Commission on Rakhine State, established by Aung San Suu Kyi in 2016 and led by former UN secretary-general Kofi Annan, released its final report in August 2017, prior to the ARSA attacks in northern Rakhine State. Observers questioned the government’s claim to have implemented 81 of 88 recommendations in the Advisory Commission’s final report as of October.

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The Lessons of 1989: Freedom and Our Future