From Transition to Government Accountability: Opportunities for the Myanmar National Human Rights Commission

Abstract

National Human Rights Institutions (NHRIs) have a significant role to play in advancing the promotion of human rights and in holding governments accountable to their human rights commitments. Although NHRIs are established by the government, they are mandated to be independent bodies that scrutinize the government’s challenges in the promotion, protection and respect of human rights in their country. Often civil society organizations (CSOs) insist that NHRIs should take a “watchdog” role on the State; however, in emerging democracies and in stages of transition where many are the challenges governments face in advancing human rights, NHRIs can play a crucial role in bridging the divide between civil society and the State. What opportunities are there for the Myanmar National Human Rights Commission under the new semi-civilian government? During the 28th Session of the Human Rights Council in March 2015, Myanmar’s Deputy Foreign Minister U Thyant Kyaw declared: “In order to be more compliant with the Paris Principles, the Myanmar National Human Rights Commission Law was enacted by the Parliament on 28 March 2014". This action by the government already back in 2014 and 2015 shows a clear commitment to move forward in establishing functioning NHRIs in Myanmar; however, despite some improvements, the MNHRC continues to be criticized for a perceived lack of effectiveness in Myanmar. This chapter argues that an assessment of the MNHRC against such critiques needs to be placed within a larger context of transition and semi-civilian rule, as well as the detailed implications and gaps of “the Myanmar National Human Rights Commission Law”.This chapter will argue that an assessment of the MNHRC against such critiques needs to be placed within a larger context of transition and semi-civilian rule, as well as the detailed implications and gaps of “The Myanmar National Human Rights Commission Law”.