A/HRC/8/12
page 4
I. INTRODUCTION
1.
The mandate on the situation of human rights in Myanmar was established in 1992 by the
Commission on Human Rights in its resolution 1992/58 and extended by the Human Rights
Council in its decision 1/102 and resolution 5/1.
2.
In March 2008, the Council reviewed the mandate, and in its resolution 7/32, extended it
for another year. On 1 May 2008, Tomás Ojea Quintana (Argentina) officially assumed the
function of the Special Rapporteur on the situation of human rights in Myanmar, succeeding
Paulo Sérgio Pinheiro.
3.
The present report is submitted in accordance with Council resolution 7/31. It covers
human rights developments in Myanmar since the previous report submitted to the Council
(A/HRC/7/24) in March 2008 on the latest developments of the implementation of Council
resolutions S-5/31 and 6/33. In view of the short time between the official assumption of his
mandate and the timeline reporting constraints of the Council for the present session, the
Special Rapporteur considers it important to inform the Council on the information brought to
his attention relevant to the areas covered in the above-mentioned resolutions. However, he
would like to point out that the present report should be observed as a preliminary analysis
requiring further research and discussions with the Government of Myanmar.
4.
In the above-mentioned resolutions, the Government of Myanmar is requested (a) to ensure
full respect for human rights and fundamental freedoms and to investigate and bring to justice
perpetrators of violations of the human rights of peaceful protesters during the demonstrations of
September 2007; (b) to release, without delay, those arrested and detained as a result of
the demonstrations, and to release all political detainees in Myanmar, including the
General Secretary of the National League for Democracy (NLD), Daw Aung San Suu Kyi, and
to ensure that the conditions of detention meet international standards and include the possibility
of visiting any detainee; (c) to lift all restraints on peaceful political activity of all persons by,
inter alia, guaranteeing freedom of peaceful assembly and association and freedom of opinion
and expression, including for free and independent media, and to ensure unhindered access to
media information for the people of Myanmar; (d) to engage urgently in a reinvigorated national
dialogue with all parties with a view to achieving genuine national reconciliation,
democratization and the establishment of the rule of law; and (e) to cooperate fully with
humanitarian organizations, including by ensuring full, safe and unhindered access of
humanitarian assistance to all persons in need in the country.
5.
The Council also requested the Special Rapporteur to monitor the implementation of its
resolutions and to conduct visits to the country. It encouraged the Government of Myanmar and
the Office of the United Nations High Commissioner for Human Rights (OHCHR) to continue to
engage in a dialogue with a view to ensuring full respect for all human rights and fundamental
freedoms.
6.
The Council resolutions, while focusing on the tragic events of September 2007, are also
relevant to key current situations in the country with regard to the constitutional process and the
devastating effects of cyclone Nargis. In accordance with resolution 7/31, in the present report
the Special Rapporteur focuses on the human rights issues pertinent to the current constitutional
process in the country and the developments with regard to the crackdown on the demonstrations
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