A Manual on National Human Rights Institutions
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CASE STUDY
Establishment of the Myanmar National Human Rights Commission
The Myanmar National Human Rights Commission (MNHRC) was initially
established in 2011 by presidential decree.104 The MNHRC realised the need
to convert the decree into an act of the national parliament, the Pyidaungsu
Hluttaw, through broad consultation within Myanmar and with the assistance
of international experts.
The proposed legislation was drafted over a period of a year. National and
international legal expertise was provided to this process, including national
experts from the President’s legal advisors, the Attorney-General’s Office
and relevant government ministries, as well as international experts from the
Raoul Wallenberg Institute, the APF and OHCHR. Comments from civil society
organisations and the public were sought and obtained and given careful
consideration.
The final draft, as submitted to the Pyithu Hluttaw, was published in official
newspapers for public comments before enactment. The draft was also
considered in the Bills Committees of both houses of parliament, the Pyithu
Hluttaw and Amyotha Hluttaw, with the participation of members of the
MNHRC.
The Myanmar National Human Rights Commission Law, Law No.21 of 201,
was passed on 28 March 2014.
KEY POINTS: CHAPTER 3
• The Paris Principles are the international minimum standards for effective,
credible NHRIs.
• The Paris Principles were developed in 1991 by NHRIs themselves, based
on their experience.
• The Paris Principles require that NHRIs have independence in law,
membership, operations, policy and control of resources.
• True independence requires independent thinking, in addition to the formal
requirements of the Paris Principles.
• The Paris Principles also require that NHRIs have broad mandates for the
promotion and protection of human rights, with pluralism in membership,
broad functions, adequate powers, adequate resources, cooperative
methods and international engagement.
• The Paris Principles imply requirements of accessibility and accountability.
• Full compliance with the Paris Principles leads to international recognition
of NHRIs.
• Broad public consultation is an essential component in the process of
establishing an NHRI in accordance with the Paris Principles.
• The APF and the UN, in particular OHCHR, provide support and advice to
States interested in establishing an NHRI or in strengthening an existing NHRI.
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No 34/2011 of 5 September 2011.