A/HRC/13/48 8. The Special Rapporteur conducted his third country visit from 15 to 19 February 2010 at the invitation of the Government, which had postponed planned visits several times. His previous two missions were carried out from 3 to 7 August 2008 and from 14 to 19 February 2009. 9. As in the past, the Special Rapporteur was provided with his mission programme on a daily basis. The length of the mission agreed by the Government was only five days, during which time the Special Rapporteur visited Rakhine State, including the Sittwe and Buthidaung prisons, and met with state authorities, members of the Nasaka (Myanmar’s border and immigration forces) and Muslim community leaders. In Nay Pyi Taw, he met with the Ministers of Home Affairs and Labour, the Chief Justice and Attorney General, the Chief of Police and the governmental human rights body. In Yangon he visited Insein Prison and met with political party and ethnic nationality leaders, and the judges and lawyers involved in the most recent trial of Daw Aung San Suu Kyi. 10. With a view to gathering all relevant information on the country and maintaining an impartial and balanced approach, in addition to meeting with the authorities of Myanmar during missions, the Special Rapporteur keeps in contact with all those working on Myanmar – individuals, non-governmental organizations (NGOs) and diplomatic missions. He consults with countries in the region, especially ASEAN members given the important role they play in relation to Myanmar. 11. The Special Rapporteur met with the Secretary-General in October 2009, and is in regular contact with the office of his Special Adviser on Myanmar. In New York, the Special Rapporteur also met with the Special Adviser for the Responsibility to Protect, and representatives of the Office of the Special Representative of the Secretary-General for Children and Armed Conflict and the Office of the Special Adviser on the Prevention of Genocide. 12. Between 1 August 2009 and 13 January 2010, the Special Rapporteur sent five communications to the Government of Myanmar regarding particular cases of alleged human rights violations. He sent those letters of allegation and urgent appeals jointly with other special procedures mandate holders, and he has received replies to two of those communications. III. Human rights issues 13. The human rights issues confronting Myanmar are many, complex and interdependent. At the centre of the daunting challenges to the full realization of human rights in the country is the pattern of widespread and systematic violations which has existed for many years and still persists. The prevailing culture of impunity, in fact, is a necessary consequence of the lack of accountability for grave human rights violations when they do occur. The lack of independence of the judiciary and weak rule of law are also preconditions for this pattern. The large number of prisoners of conscience in Myanmar demonstrates the abrogation of the fundamental rights to freedom of expression, assembly and association. The plight of ethnic minorities and civilians along the country’s border areas who are subject to discrimination and grave human rights abuses has continued for too long, due to the prevailing culture of impunity. 14. Recommendations made by the international community, including the four core human rights elements proposed by the Special Rapporteur, remain largely outstanding. Substantive action by the Government on the four core human rights elements would be necessary for the democratic transition to which Myanmar has committed. The four core human rights elements are: the release of all prisoners of conscience; review and reform of specific national legislation, in compliance with international human rights standards; GE.10-11915 5

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