A/HRC/13/48 119. The recommendations that the Special Rapporteur has made to the Government since his first report to the General Assembly in September 2008 (A/63/341), including the four core human rights elements, still apply in the context of the announced intention to hold elections this year. 120. As the Special Rapporteur stated in previous reports, there is a pattern of gross and systematic violation of human rights which has been in place for many years and still continues. The human rights that are part of this pattern are broad-ranging and include the rights to life, to liberty, to personal integrity, to freedom of expression, assembly and religion, to judicial remedy and due process of law, to nationality, to protection of civilians and internally displaced communities and to prohibition against discrimination, among others. 121. Given the gross and systematic nature of human rights violations in Myanmar over a period of many years, and the lack of accountability, there is an indication that those human rights violations are the result of a State policy that involves authorities in the executive, military and judiciary at all levels. According to consistent reports, the possibility exists that some of these human rights violations may entail categories of crimes against humanity or war crimes under the terms of the Rome Statute of the International Criminal Court. 122. The mere existence of this possibility obliges the Government of Myanmar to take prompt and effective measures to investigate these facts. There have clearly been cases where it has been necessary to establish responsibility, but this has not been done. Given this lack of accountability, United Nations institutions may consider the possibility to establish a commission of inquiry with a specific fact-finding mandate to address the question of international crimes. At this particular stage in the history of Myanmar, the State faces this critical assignment which must be addressed by this Government and by a newly elected Government as well. 123. With plans for the first national elections in 20 years, Myanmar faces an opportunity for positive change. Respect for human rights is a fundamental condition for that change to be positive. Nevertheless, during his last mission, the Special Rapporteur received no indication that all prisoners of conscience would be released, that freedom of opinion and association would be guaranteed in the context of these elections, and that ethnic communities would be able to fully participate. The Special Rapporteur hopes that the Government seriously considers and ultimately implements the necessary steps for ensuring credible elections and substantive changes to the human rights situation in Myanmar. GE.10-11915 21