JEAIL > Volume 9(2); 2016 > NOTES & COMMENTS
Research Paper
Published online: November 30, 2016
DOI: http://dx.doi.org/10.14330/jeail.2016.9.2.06

The 2014 Enabling Law of the Myanmar National Human Rights Commission and the UN Paris Principles:
A Critical Evaluation

Jonathan Liljeblad
Swinburne University of Technology Law School, H25 P.O. Box 218, Hawthorn, Victoria 3122 Australia.
Corresponding Author: jonathan.liljeblad@gmail.com

ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract

In March 2014 the Myanmar Hluttaw, or Parliament, enacted the Myanmar National Human Rights Commission Law, which provided a statutory basis for a national human rights body in Myanmar. The Myanmar government declared to the United Nations Human Rights Council that the Enabling Law was compliant with the United Nations Paris Principles that set international standards for national human rights institutions. Despite the claims of the Myanmar government, however, critics charge the Enabling Law is insufficient, with detractors claiming the law leaves the MNHRC with anaemic powers incapable of advancing human rights. This paper responds to such issues by conducting an independent evaluation of the MNHRC Enabling Law under the Paris Principles. In doing so, the analysis treats the Enabling Law as a case study demonstrating how the Paris Principles can be exercised by third parties as the UN-supported international standards for national human rights institutions.

Keywords : Myanmar, Enabling Law, MNHRC, Paris Principles, OHCHR, NHRIs, ICC Sub-committee

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