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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