Mandate

Duties and Powers of the Commission

1. Duties and Powers of the Commission are as follows:

(a)      promoting public awareness of human rights and efforts to combat all forms of discrimination through the provision of information and education;

(b)      carrying out the following to monitor and promote compliance with international and domestic human rights laws:

(i)       recommending to the Government the international human rights instruments to which Myanmar should become a party;

(ii)      reviewing existing laws and proposed bills for consistency with the international human rights instruments to which the State is a party and recommending the legislation and additional measures to be adopted for the promotion and protection of human rights to the Pyidaungsu Hluttaw through the Government;

(iii)     assisting the Government in respect of its preparation of reports to be submitted under obligation in accordance with the international human rights instruments to which the State is a party and on the contents of those reports.

(c)       verifying and conducting inquiries in respect of complaints and allegations of human rights violations;

(d)      visiting the scene of human rights violations and conducting inquiries, on receipt of a complaint or allegation or information;

(e)      inspecting the scene of human rights violations and, after notification, prisons, jails, detention centres and public or private places of confinement;

(f)       consulting and engaging the relevant civil society organizations, business organizations, labour organizations, national races organizations, minorities and academic institutions, as appropriate;

(g)      consulting, engaging and cooperating with other national, regional and international human rights mechanisms, including the Universal Periodic Review, as appropriate;

(h)      responding to any matter referred to the Commission by the Pyidaungsu Hluttaw or the Pyithu Hluttaw or the Amyotha Hluttaw or the Government;

(i)       responding to the specific matters referred by the President in connection with the promotion and protection of human rights;

(j)       preparing reports in respect of the functions of the Commission and publishing them as appropriate;

(k)      carrying out anything incidental or conducive to the implementation of any function of the Commission;

(l)       submitting to the President and the Pyidaungsu Hluttaw an annual report on the situation of human rights in Myanmar, the activities and functions of the Commission, with such recommendations as are appropriate;

(m)    submitting special reports on human rights issues to the President as and when necessary.

2. If the Chairperson is, for any reason, not able to perform his/her responsibilities, the Vice-Chairperson shall assume the responsibilities of the Chairperson.

3. The Commission shall:

(a)      have the right to act independently on matters that fall within its powers;

(b)      have the right to act independently in respect of financial management and administrative matters in conformity with the provisions of this Law.

4. Where a member of the Commission becomes aware of his/her action in conflict with the interest of the Commission, the member shall promptly inform the Chairperson and members of the Commission, and take corrective action immediately.

5. The Commission has the power to engage thematic experts to be effective in undertaking its functions after informing the President.

6.The Commission shall, in respect of holding of the regular and special meetings, the fulfillment of quorum of the meetings, the presiding of meetings and making of decisions, act in accordance with the rules and procedures issued under this Law.