A/HRC/13/48 I. Introduction 1. The mandate of the Special Rapporteur on the situation of human rights in Myanmar was established pursuant to resolution 1992/58 of the Commission on Human Rights, and most recently extended by Human Rights Council resolution 7/32. The current Special Rapporteur on the situation of human rights in Myanmar, Tomás Ojea Quintana (Argentina), officially assumed the function on 1 May 2008. 2. The present report is submitted pursuant to Human Rights Council resolution 10/27 and covers human rights developments in Myanmar since the Special Rapporteur’s second report to the Human Rights Council (A/HRC/10/19) and the submission of his report to the General Assembly (A/64/318) in October 2009. 3. Engagement with Myanmar by the international community has improved with some notable shifts from long-standing policies of isolating the Government of Myanmar. With the launch of the new human rights mechanism of the Association of Southeast Asian Nations (ASEAN), namely, the ASEAN Intergovernmental Commission on Human Rights, the Government of Myanmar is presented with another forum to address human rights concerns. The Special Rapporteur hopes that engagement, at all levels, will bring the improvement of human rights in Myanmar. 4. The Government of Myanmar has reiterated that national elections, planned for 2010 as part of the seven-step road map to democracy to which the Myanmar authorities have committed, will go ahead. As of 5 March 2010, neither the election date nor the election law had been announced, and restrictions to freedoms of expression, assembly and association had not been lifted. The Special Rapporteur regrets that during his mission in February 2010 no further information was provided on the election date or the electoral framework. This election is an important opportunity for the Government to show its commitment to international human rights standards and democratic values, however, the ongoing delay offers serious doubts about the possibility to provide adequate time for examination of the electoral framework and preparation by all parties to fairly contest the elections. 5. The Security Council, the Secretary-General, the Human Rights Council, representatives of many States, Nobel laureates and other respected leaders have all called for the release of Aung San Suu Kyi and the more than 2,100 prisoners of conscience, particularly in the light of the expected upcoming elections. However, the Government of Myanmar has not yet met this important step in its preparations for transition to democracy. 6. The Special Rapporteur would like to thank the Office of the United Nations High Commissioner for Human Rights (OHCHR), in particular at Headquarters, in Bangkok and in New York, for assisting him in discharging his mandate. These thanks are also extended to the United Nations Country Team in Myanmar. II. Methodology and activities of the special rapporteur 7. Since taking up the mandate in May 2008, the Special Rapporteur has adopted an open and clear approach to working towards the promotion and protection of human rights in Myanmar, including working in a cooperative manner with the Government to assist in the realization of those rights. He explained the approach in his first report to the Human Rights Council in June 2008 (A/HRC/8/12) and reiterated it in his statements to the Human Rights Council (A/HRC/10/19) and the General Assembly (A/64/318). The Special Rapporteur intends to continue with this approach. 4 GE.10-11915

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