A/HRC/13/48 42. During the Special Rapporteur’s second mission to Myanmar, the Chief Justice accepted his recommendation to engage with the Special Rapporteur on the independence of judges and lawyers. However, when the latter sent a visit request in March 2009, the Government replied in April that it had other commitments. The Special Rapporteur on the situation of human rights in Myanmar again raised this recommendation on his third mission. The Chief Justice again said that the Government of Myanmar would welcome the Special Rapporteur on the independence of judges and lawyers. Such a mission would be an indication of seriousness in addressing the problem of judicial independence and impartiality. C. Freedom of expression, assembly and association in the light of the 2010 elections 43. The freedom of opinion and expression, as well as, freedom of assembly and association are fundamental rights enshrined in the UDHR and are guaranteed by international human rights treaties including those to which Myanmar is a State party, namely, the Convention on the Rights of the Child, the Convention on the Elimination of All Forms of Discrimination against Women, and the Convention concerning Freedom of Association and Protection of the Right to Organize, 1948 (No. 87) of the International Labour Organization (ILO). These freedoms are essential for the functioning of a democratic society, critical for the organization of meaningful and credible elections, and necessary for reflecting the diversity of a multi-ethnic society. They are exercised through the existence of an independent media, vibrant civil society and independent trade unions. 44. As 2010 is the year announced for holding national elections, freedom of opinion and expression, as well as assembly and association, are more necessary than ever. The elections cannot be free, fair, transparent and inclusive, in accordance with international standards, without those freedoms. At present essential conditions allowing for the exercise of these rights do not exist in Myanmar. Dissenting voices are not allowed, and all publications are subject to censorship by the Press Scrutiny and Registration Board of the Ministry of Information. Other censorship boards exercise control in the field of arts and culture. Journalists exercise a high level of self-censorship in order to survive or otherwise risk seeing their licences revoked as has happened to many journals and magazines. 45. There are currently at least 12 journalists and many more bloggers in prison. In effect, many of the other prisoners of conscience are incarcerated for offences that are linked to a denial of this freedom, or sometimes charged for completely unrelated offences. 46. In its resolution 64/238, the General Assembly strongly calls upon the Government of Myanmar to lift restrictions on the freedom of assembly, association, movement and freedom of expression, including for free and independent media, including through the openly available and accessible use of Internet and mobile telephone services, and ending the use of censorship. In his previous report, the Special Rapporteur indicated several domestic laws that restrict the principles of freedom of association and assembly: most importantly, the Unlawful Association Act (1908), the State Protection Act (1975), as well as sections 143, 145, 152, 505, 505 (b) and 295 (A) of the Penal Code. 47. These laws continue to be used to restrict freedom of expression and association. With regard to freedom of opinion and expression, the Television and Video Law (1985), the Motion Picture Law (1996), the Computer Science Development Law (1996), Electronic Transactions Law (2004) and the Printers and Publishers Registration Act (1962) are being used to censor the media. 48. It is important to note that these laws are in contravention of international law, inter alia articles 19 and 20 of the Universal Declaration of Human Rights, articles 13 and 15 of 10 GE.10-11915

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