A/HRC/16/59
happening and to address truth, justice and accountability issues that will continue to
impact the human rights situation. The Special Rapporteur intends to continue engaging the
Government of Myanmar in the spirit of mutual respect and cooperation as called for by the
General Assembly and the Human Rights Council. The Special Rapporteur will continue to
address the important issues of truth, justice and accountability, prisoners of conscience and
his four core human rights elements while also examining economic, social and cultural
rights.
8.
As he was unable to conduct a country visit, the Special Rapporteur is planning a
mission to the region before his presentation to the Human Rights Council in March 2011
in order to update his understanding of the human rights situation in Myanmar.
9.
The Special Rapporteur would like to thank the Office of the United Nations High
Commissioner for Human Rights (OHCHR), in particular at Headquarters, Bangkok and
New York, for assisting him in discharging his mandate.
II.
Analysis of the elections of 7 November 2010
10.
National legislative elections were held on 7 November 2010, the first national
elections since 1990. The official New Light of Myanmar newspaper published a 24-page
supplement on 17 November with the ballot count of each parliamentary seat. Until then,
results had been incrementally announced in the State-run media. The Election Commission
reported voter turnout exceeding 100 per cent in some constituencies and declared two proGovernment candidates winners in constituencies in Kachin State where elections had been
cancelled. On 7 December, the Election Commission announced voter turnout had been 77
per cent of Myanmar’s 29 million eligible voters.
11.
Prior to the election, the Union Solidarity and Development Association, a mass
organization created by the ruling State Peace and Development Council officials, was
transformed into the Union Solidarity and Development Party (USDP), with former Prime
Minister Thein Sein as head. USDP won 883 of the 1,154 seats open to the electorate. In
the Nationalities Assembly (the upper house), the party took 77 per cent (129) of the
elected seats, and in the People’s Assembly (the lower house), it won 79 per cent (259) of
the elected seats. With the seats reserved for the military (25 per cent of each legislature),
USDP and the military bloc will have an overwhelming legislative majority.
12.
In the 14 regional and state assemblies, however, the results were mixed. While
USDP won almost all the seats in most Burman-dominated central regions, in ethnic areas
the party won sizeable blocs but has a majority only in Kayah State. In Chin State, USDP
won 29 per cent of seats while the Chin Progressive Party and the Chin National Party each
won 21 per cent. In Rakhine State, USDP won 30 per cent of seats while the Rakhine
Nationalities Development Party won 38 per cent. In theory, special sessions could be
convened by these other parties, which might mean that they would have the ability to
influence these bodies to positive effect. However, the actual functioning of the regional
assemblies, including how often they meet, remains to be seen.
13.
According to observers inside Myanmar, polling on election day itself was generally
peaceful and orderly despite some reports of irregularities. There were numerous reports of
intimidation of journalists and confiscation and destruction of their property throughout the
country. The Press Scrutiny and Registration Division also reportedly informed private
media that they were only allowed to carry official news issued by the Union Election
Commission.
14.
During the counting process, the phenomenon of advance votes caused upsets in
numerous instances. On the evening of 7 November, on the basis of observation of votes
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