A/HRC/6/14
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70. The Special Rapporteur expresses his hopes for positive change from Myanmar’s
engagement with its international and regional counterparts, in particular through the Association
of Southeast Asian Nations (ASEAN) Charter, signed by Myanmar, which includes a firm
commitment to international human rights and humanitarian principles and pledges to set up a
dedicated ASEAN human rights body. The Special Rapporteur would further like to
re-emphasize a strong call for the authorities to re-engage with the International Committee of
the Red Cross (ICRC) in providing free access to detention centres.
71. The incidents reported demonstrate the vulnerability of the economic and social
foundations of Myanmar’s society. It shows that the right to freedom of expression and the right
to peaceful assembly have yet to be fully guaranteed and the tremendous challenges faced by
Myanmar in ensuring the rule of law by holding accountable the perpetrators of serious criminal
acts documented in this report. It further reveals the urgent need to repeal or amend old laws and
regulations in accordance with international human rights standards, and to reconsider the
participation of the army and non law enforcement officials in policing demonstrations.
72. Moreover, the events represent a compelling example of the indivisibility of human rights.
Decades of denial of basic civil and political rights have compromised the standard of living of
the population. By severely restricting the right to freedom of expression and the right to
peaceful assembly, the Government has prevented over many years the emergence of a platform
for genuine public dialogue, where people could share their concerns over their increasing lack
of access to job opportunities and basic social services, including health and food.
73. In that context, the decision by the Government to authorize the Special Rapporteur to visit
Myanmar should be praised. By allowing the Special Rapporteur to conduct an official visit, the
Government has re-engaged in a dialogue with the United Nations human rights mechanisms and
allowed an inquiry into the events of September and October 2007. The Special Rapporteur
hopes the authorities will provide him with the further information requested regarding the
whereabouts of the detained, the conditions of their detention, numbers of released people and
the causes of death. The Government provided him with a number of detailed records that
responded partially to his requests. He will continue to liaise with the Government on the matter.
74. The Special Rapporteur, however, did not find significant signs that the Government is
implementing the substantive demands as set out in Human Rights Council resolution S-5/1,
operative paragraphs 2, 3 and 4 urging the Government of Myanmar inter alia to:
“ensure full respect for human rights and fundamental freedoms and to investigate and
bring to justice perpetrators of human rights violations, including the recent violations of
the rights of peaceful protesters;”
“release without delay those arrested and detained as a result of the recent repression of
peaceful protests, as well as to release all political detainees in Myanmar, including Daw
Aung San Suu Kyi, and to ensure that conditions of detention meet international standards
and include the possibility of visiting any detainee;”
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