A/HRC/8/12 page 6 between the official announcement of the referendum and 10 May, the date of its holding, raised deep concerns locally and internationally with regard to the readiness, preparedness, organization and carrying out of the referendum process. It was widely noted that the schedule fell far short of ensuring a far-reaching publicity campaign, inclusive of information dissemination, public-awareness programmes and free debate to enable members of the electorate to make an informed decision when casting their votes. 12. The atmosphere for a credible, widely acceptable referendum has been, regrettably, sombre. The calls from world leaders, including the Secretary-General, to the Myanmar authorities to make the constitution-making process inclusive, participatory and transparent and to engage without delay in a time-bound dialogue with others, including the General Secretary of NLD, Daw Aung San Suu Kyi, were not properly heeded by the Government. The Government relied on a narrow sovereignty interpretation and used this as grounds not to accept the recommendation of the Special Adviser to the Secretary-General on Myanmar, Ibrahim Gambari, to invite international observers for the referendum. By inviting international observers, the referendum process would have been transparent, and the observers could have assisted in ensuring a free and fair process. The path for the referendum was further challenged by cyclone Nargis, which struck Myanmar on 2 and 3 May. 13. Despite the cyclone, the Government decided to proceed with the referendum, as had been announced by the commission responsible for organizing the referendum, in its statement 8/2008, according to which the referendum would be held, as scheduled, on 10 May, in all states and divisions, except in 40 towns in Yangon Division and 7 towns in Irrawady Division, devastated by the cyclone, where the referendum would be held shortly after, on 24 May. Subsequently, on 8 May, the Secretary-General noted that it might be more prudent to focus instead on mobilizing all available resources and capacity for emergency response efforts. 14. The referendum was held on 10 May 2008. Aung Toe, head of the Commission for the referendum, announced that the draft Constitution had been overwhelmingly approved by 92.4 per cent of the 22 million eligible voters, pointing out that there had been a turnout of more than 99 per cent. In the remaining 47 towns, the referendum was held on 24 May. 15. The NLD publicly dismissed the national referendum on the draft Constitution stating that it had not been inclusive and that it was unclear. It also pointed out that the Government had failed to discuss the drafting of the new Constitution with the representatives elected in the 1990 parliamentary elections, and that decree No. 5/96 reportedly prohibited criticism of the national convention and allowed critics to be sentenced to up to 20 years of prison. On 17 May, the NLD rejected the Government’s claim that more than 92 per cent of voters had approved the draft Constitution in the first round of the referendum. 16. On several occasions, the Government announced that the referendum and the 2010 elections were two crucial steps on the road to democracy. Such announcements are particularly relevant in the context of the Universal Declaration of Human Rights. In article 20, it is stated that “everyone has the right to freedom of peaceful assembly and association” and “no-one may be compelled to belong to an association”. In article 21, it is stated that “everyone has the right to take part in the Government of his country, directly or through freely chosen representatives”, “everyone has the right of equal access to public service in his country”, and that “the will of the

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