HRM offers recommendations to NUG as it develops its National Human Rights Commission Law

Mizzima

Human Rights Myanmar (HRM) has urged the National Unity Government (NUG) to strengthen its proposed National Human Rights Commission Law, warning that without key amendments, the independence and authority the National Human Rights Institution (NHRI) needs to operate in a conflict setting could be lost.

In a detailed legal analysis released on 25 February, HRM said the establishment of the National Human Rights Institution marks “an important step toward restoring the rule of law and dismantling the culture of impunity,” but that it requires significant revisions to meet international standards.

The group grounded its recommendations in international human rights law and the Paris Principles, which are seen as benchmarks for the independence and effectiveness of national human rights institutions.

HRM called for explicit language that ensures that international treaties take precedence in cases of conflict. It warned that the current wording could subordinate international human rights obligations to domestic frameworks, including the Federal Democratic Charter.

The report also noted that provisions may limit protection to citizens or residents. It argued that Rohingya, undocumented persons, refugees, and internally displaced people could be excluded. It urged expanding the NHRI’s mandate to cover “all persons whose human rights have been affected by the State’s actions” regardless of legal status.

Given Myanmar’s ongoing armed conflict, HRM said the body must also be empowered to monitor violations of international humanitarian law, conduct joint investigations with ethnic minority authorities, and use remote monitoring tools in contested areas.

Concerns were also raised about independence. In particular, the draft assigned commissioners ministerial rank and tied their terms to those of the government. To prevent political interference, HRM recommended granting judicial-equivalent status and fixed, staggered terms.

The group further called for safeguards to protect freedom of expression, for state bodies to respond to NHRI findings within 30 days, and powers to issue urgent interim measures to prevent irreparable harm.

HRM concluded that while the draft presents a “historic opportunity,” its effectiveness will depend on whether it can operate across contested territories and protect the most marginalised communities.