Interview by Phyo Thiha Cho
Aung Myo Min is the executive director of Equality Myanmar, an NGO that promotes human rights, gender equality, and the rights of lesbian, gay, bisexual and transgender communities.
A longtime activist who for some 20 years was based on the Thai-Myanmar border, Aung Myo Min has received many international accolades for his advocacy work. He returned to Myanmar in 2013 to lead Equality Myanmar.
In an interview with Myanmar Now, Aung Myo Min spoke about the Myanmar National Human Rights Commission (MNHRC) and the recent controversy that lead to the resignation of 4 of its 11 members last week.
The commissioners came under political pressure because they had encouraged two abused teenage maids to accept compensation money from the perpetrators, a family who own Ava Tailor Shop in Yangon.
Created in 2011 by the President’s Office, the commission is supposed to investigate rights violations and make recommendations to the government, but activists have long criticised its lack of action and independence. Most commissioners are former officials and academics appointed by the previous government.
Question: Four commission members will be replaced following the recent controversy, who should take their place?
Answer: The new members of the Myanmar National Human Rights Commission should have greater knowledge on human rights laws, international law and local laws. The members should be persons who are really devoted in their efforts to protect human rights, only then could they make fair decisions. They need to be able to make clear decisions without any bias.
The committee members must represent different genders and ethnicities, as well as the three branches of government: administration, lawmaking and judiciary. Civil society organisation representatives should also become members. They understand the public’s expectation very well.
Q: What do you think of the way the current commission members were selected?
A: Members of the MHRC are supposed to be selected by a committee of government officials, civilians and parliamentarians. Then, these candidates are approved by the President. However, (so far) these (MHRC) members were known only after the president approved them. This process did not meet the MNHRC’s transparency regulations.
In Indonesia, the public can give suggestions on the process before the selection commission announces the final list of human rights commission members. The commission then seeks ideas from public on the potential members before the president approves them. Here in Myanmar, the MNHRC did not observe the regulations on the selection process, which was controlled by the authorities. Such government malpractices are also found in other sectors such as healthcare, education and administration. It can be concluded that the members of the MNHRC were appointed by those who would like to protect the authorities.
Q: What role does the MNHRC play within the country?
A: A human rights commission is essential for any country and its people. It should be the highest body to complain about human rights abuse cases. However, the Myanmar National Human Rights Commission has frustrated people and lost public trust. For example, they hardly take action on complaints.
The members of MNHRC responded recklessly to questions by reporters during the recent press conference about the torture of maids by the Ava Tailor Shop family. As a result, the commission attracted public anger. The human rights commission should bring benefits to the public, and, they should win public cooperation and trust. Only then, can our country achieve good governance through checks and balances.
Q: What level of political authority should the MNHRC members have?
A: The chairman and vice-chairman of the commission should be regarded on par with a minister or deputy minister, while other members should be on the levels of departmental heads.… Their decision rights should be strengthened.
Q: Can the commission be regarded as an independent body if it receives its budget from the government?
A: The budget for this commission comes no longer from the President’s Office after the parliament pointed out this flaw. It has suggested that the commission members should not be appointed by the president. So, its budget will be approved by the parliament in the future, and it is expected more checks and balances will be put in place for the commission.
Q: Do you think previous decisions of the commission should be reviewed?
A: Recently, MNHRC chairman Win Mrat told parliament that they have been a quite independent body the last three months. This means they could enjoy independence only under the new government. So, some of the previous decisions by the commission might have been unfair. Appeals should be submitted to review such past decisions.
Q: Do you think the commission has enough power to make independent decisions?
A: In accordance with the rights commission law, it is authorised with power to enforce two roles: protection and promotion of human rights. The commission can investigate possible cases of human right abuses. For example, the commission can visit prisons, but it still needs to report to the prison prior to a visit. So, it is not sure if the commission can see the real situation in the prison.
Moreover, the commission has no right to investigate court cases. The commission can question a certain government official, but they have no access to confidential topics. These are some restrictions for the commission. Also, when the commission hands over a suspected human rights abuse case to a relevant ministry for further investigation, the ministry is only required to send back its findings within 30 days. But it is not a compulsory.
This interview was first published by Myanmar Now on October 13, 2016
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