A/HRC/7/18
page 10
38. The Special Rapporteur notes that, in 1955, the Government ratified ILO Convention
No. 87 on Freedom of Association and the Right to Organize. The Government has not fulfilled
its obligations under that Convention. A complaint against the Government regarding six people
recently sentenced to lengthy terms of imprisonment for organizing a meeting of workers is
currently being considered by the ILO Freedom of Association Committee. He also notes that
ILO has already called on the Government to review and revoke the convictions and release the
people concerned.
39. The political parties and social organizations that are allowed to exist have been denied the
ability to operate freely and securely. In particular, the regime has targeted its political
opponents. The Government has continued to pressure members of NLD and the Shan
Nationalities League for Democracy to resign and has arbitrarily renewed the house arrest of
NLD leaders Aung San Suu Kyi and Tin Oo. In general, freedom of association exists only for
Government-approved organizations, including trade associations, professional bodies and
Government-organized groups, such as the Union Solidarity and Development Association,
which rely on coercion for their membership.
V. RULE OF LAW
A. Administration of justice and fair trials
40. The Special Rapporteur is seriously concerned about the long-standing culture of
non-accountability in many cases of human rights violations, which is deeply rooted in the
structures of the regime and national institutions, seriously obstructing the rule of law and the
administration of justice.
41. The Special Rapporteur regrets that the judiciary lacks independence and that it has
provided a legal basis for abuses of power, arbitrary decision-making and exoneration of those
responsible for human rights violations. The capacity of law enforcement institutions and the
independence and impartiality of the judiciary must be addressed by the Government urgently.
This situation has reinforced inequality and increased the gap between the poor and the rich.
42. Impunity is deeply entrenched and cannot be attributed to lack of institutional capacity
alone.
B. Political prisoners and conditions of detention
43. The Special Rapporteur is dismayed to see that, as at January 2008, 1,850 political
prisoners were reported in prison. He noted that, instead of stopping unlawful arrests, the
Government had accelerated them. The Special Rapporteur continues to receive credible reports
on arrests of political and human rights activists, journalists and civilians in relation to the
demonstrations of August and September 2007, which are covered in the Special Rapporteur’s
report to the Council at its seventh session (A/HRC/7/24). According to the information
received, at least 70 individuals were arrested, and some 62 of them have been detained since the
Special Rapporteur’s mission in November 2007.
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