The below questionnaire addressed to Member States and other stakeholders is meant to assist the Special Rapporteur on the situation of human rights in Myanmar, Thomas Andrews, in updating a list of Member States that have instituted bi-lateral arms embargoes, including dual-use technology, or are contemplating establishing one. The mandate-holder will be releasing the results of this survey in June in addition to incorporating the issue into his report to the 47th session of the Human Rights Council in July 2021.

Background

On the day of the military coup d’état by the Myanmar junta, the Special Rapporteur called on the international community to take decisive action, including the imposition of strong targeted sanctions and arms embargo, until such time as democracy is restored. On 1 February 2021, the Myanmar military seized all layers of power, legislative, executive, judicial  and imposed a state of emergency on the people of Myanmar, which has indiscriminately killed, arbitrarily detained, enforcedly disappeared, tortured and forcibly displaced scores of innocent civilians, protesters and dissidents. Growing evidence available suggests that the military junta likely committed crimes against humanity against its own people, which is the same military leadership that is facing the charge of genocide before the International Court of Justice.

In March 2021, the Special Rapporteur called for an international coalition of Member States to outlaw the export of arms to the Myanmar military and to institute a coordinated arms embargo that will end the sale of weapons and the transfer of dual-use technology to the military junta. That month, the Human Rights Council adopted resolution 46/23 expressing deep concern for the fact that diversion and unregulated or illicit arms transfers may seriously undermine human rights, especially those of women, as well as persons belonging to minorities, children, the elderly, persons with disabilities and other vulnerable groups.

Instituting an arms embargo, including transfer of arms and dual-use technology, is a global imperative to prevent the illegal military junta from using these arms and related technology to commit atrocity crimes on innocent people. Member States are also required to effectively regulate international trade in conventional arms, and to monitor, report and to cooperate internationally with other Member States to prevent diversion and the illicit sale of conventional arms.

Key questions and types of input sought

The Special Rapporteur invites States, international organizations, NHRIs, civil society organizations, academics, networks, and other relevant stakeholders to share information, documents, statements or analysis to address the following topics, as relevant. If available, please provide information or analysis that might provide links of these issues to specific human rights legislation, policies or programmes.

Responses can address some of the questions or all of them, as feasible or preferred. Please refer to the number of the question in your response for easier reference.

1. Measures and steps already taken or planned regarding the suspension of high-level political and military ties with the military junta;
2. Measures and steps already taken or planned to institute a bi-lateral arms embargo on the military junta, including a prohibition on the sale and transfer of arms and dual-use technology;
3. Information regarding any arms transfers and dual-use technology to Myanmar over the last 5 years;
4. Measures taken to assert the primacy of the State in regulating conventional arms sales, including any legal, policy or regulatory framework that might be in place, as relevant, and the content of such norms;
5. Measures and mechanisms in place to ensure effective control over the illicit sale, diversion and smuggling of arms and military technology.

Inputs may be sent via e-mail or postal by  6 June 2021.

Treatment of inputs/comments received

Please note that all responses will be published on the official webpage of the Special Rapporteur by default unless it is indicated that the submission and/or the supporting documentation should be kept confidential.