A/HRC/16/59
not elected in the elections”, and that such allegations went against article 64 of the
respective Election Law.3 Yet article 64 does not refer to general criticism in the media,
rather: anyone “found guilty of dishonestly and fraudulently lodging any criminal
proceedings against any person regarding offences relating to election shall, on conviction,
be punishable with imprisonment for a term not exceeding three years or with fine not
exceeding three hundred thousand kyats or with both”. In this kind of pronouncement, the
intention of the Government appears to be intimidation of candidates from filing complaints
III.
Post-election situation
19.
Regrettably, the Special Rapporteur notes that the elections failed to meet
international standards, and the implications of this for the legitimacy of the process and
outcome will pose further challenges for the transition. Nonetheless, the elections appear to
have had some significant positive consequences, including the resumption of legal
political activity and discussion in Myanmar. In the view of some observers, this election is
the start of a longer transition process with the next legislative elections in 2015 providing
more opportunity for the fulfilment of various human rights.
20.
On 13 November 2010, the Government released Daw Aung San Suu Kyi from
house arrest at the end of her sentence. The Special Rapporteur notes with appreciation that
the Government did not impose restrictions on her liberty. Since her release, Daw Aung
San Suu Kyi has been meeting with and speaking to a wide range of interested parties. She
has called for dialogue with the military leadership of Myanmar and has pledged to
continue to seek national reconciliation in the most constructive way possible. The Special
Rapporteur spoke with Daw Aung San Suu Kyi by phone on 11 January 2011.
21.
The new Government is in the process of being constituted at this time. The first
parliamentary session took place on 31 January 2011. The 2008 Constitution comes into
force at the start of the legislative term. The USDP majority allowed the party to choose
two of the three presidential nominees while the military bloc chose the third. On 4
February 2011, the Chairman of USDP, former Prime Minister Thein Sein, was named
President. Tin Aung Myint Oo and Sai Mauk Kham, both of USDP, are the VicePresidents. The President is expected to appoint his cabinet soon.
22.
The Special Rapporteur is concerned that restrictions have already been imposed on
parliamentarians regarding their freedom of expression. On 26 November 2010, laws
signed by Senior-General Than Shwe stipulate that parliamentarians will be allowed
freedom of expression unless their speeches endanger national security or the unity of the
country or violate the Constitution. These are very broad categories that could be used to
limit discussion. The laws also provide a two-year prison term for those who stage protests
in the parliament compound or physically assault a lawmaker on its premises.
23.
Other indications that the right to freedom of expression continues to be restricted in
Myanmar include the suspension of nine private journals by the Press Scrutiny and
Registration Division under the Ministry of Information on 21 November 2010. They did
not follow official guidelines limiting coverage of Daw Aung San Suu Kyi to one picture
and one report and not on the front page. There also appear to have been news blackouts on
fighting between the military and armed rebel groups in Myawaddy in the days after the
election.
3
6
“Political parties can remonstrate with UEC about representatives-elect in accordance with rules and
regulations”, 17 November 2010, p. 16.
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