A/HRC/28/72
I. Introduction
1.
The present report, submitted pursuant to Human Rights Council resolution 25/26
and General Assembly resolution 69/248, covers human rights developments in Myanmar
since the submission of the report of the previous Special Rapporteur on the situation of
human rights in Myanmar to the Council in March 2014 (A/HRC/25/64) and the report of
the current Special Rapporteur to the General Assembly in October 2014 (A/69/398). In its
resolution 25/26, the Human Rights Council invited the Special Rapporteur to include in
the present report further recommendations on the needs of Myanmar, including with
regard to technical assistance and capacity-building, and information on the progress in the
electoral process and reform in the run-up to the 2015 elections.
2.
From 7 to 16 January 2015, the Special Rapporteur conducted her second mission to
Myanmar. She expresses her appreciation to the Government for its cooperation during the
visit.1 She held meetings with government representatives and other stakeholders in Yangon
and Nay Pyi Taw, and visited Rakhine State and northern Shan State. She visited Insein
prison where she met political prisoners. She also held meetings in Bangkok, including with
representatives of the Ministry of Foreign Affairs of Thailand.
3.
The Special Rapporteur also continued to engage with the Permanent Missions of
Myanmar in Geneva and New York. She sent seven joint communications between
12 March 2014 and 15 February 2015 and, by 15 February 2015, the Government had
replied to three of them.
II. Human rights situation
A.
Democratic space
4.
At the beginning of his presidency, President Thein Sein made a series of
commitments towards democracy and reform, including a more accountable and open
government. Important improvements have been made with regard to freedom of assembly
and expression since March 2011. They include a freer media and more space for people to
express their views in the public sphere. However, the Special Rapporteur notes several
areas where restrictions on democratic space remain severe, or may have worsened since
her previous visit in July 2014. A genuine and effective democracy requires a legal and
political framework that facilitates those rights in accordance with international standards.
The ability of people to assemble and voice their grievances is a necessary requirement for
reform and accountability. The Special Rapporteur believes that significant reform is still
required for that to be achieved.
5.
Free and independent media are also an important element of a democratic society.
During her latest visit, the Special Rapporteur was informed that the Government is in the
process of reforming media governance and has worked with journalists to that end. She
commends that as a positive step and notes the enactment of several new laws. She
encourages a broad and transparent consultation process, including with experts on
international human rights law and standards. The Special Rapporteur received comments
that insufficient consultation had taken place in the development of the Broadcasting Law,
currently being discussed in the parliament. She calls on the Government to use that law to
1
Details of the mission are available from
www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=15523&LangID=E.
3
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