A/HRC/8/12 page 8 number of demonstrators wearing T-shirts bearing anti-referendum slogans gathered near NLD headquarters; reportedly, seven activists participating in the rally were arrested. Several instances of harassment of NLD members (Myint Soe and Aung Ko Ko) were also reported after the NLD launched a “Vote No” campaign. A number of activists were also reportedly arrested in Sittwe following a peaceful demonstration against the referendum on 19 April. 24. According to the reports brought to the attention of the Special Rapporteur, the respect for voter anonymity at polling stations and during the collection of advance votes had not been respected. There were also accounts of pro-Constitution posters being displayed at polling stations and polling station administrators putting pressure on voters to vote in favour of the Constitution. 25. A solid and independent civil society is a good measure of democracy in a country. Human rights organizations should be part of a vibrant civil society. States members of the United Nations recognized the importance of human rights defenders when, in 1999, the General Assembly adopted by consensus the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms (resolution 53/144). Human rights defenders are fundamental partners in democratization, and the Declaration provides a framework for their action, defining their rights and responsibilities and giving guidance on how their role should be supported and protected. The presence of human rights defenders and the possibility of conducting their work without hindrance and with full liberty are indicators of democratization. C. Political prisoners and the path to democracy 26. Over the years, the Commission on Human Rights and the Human Rights Council have denounced the situation of political prisoners in Myanmar. This situation is particularly relevant at a time when the country is supposed to be paving the way towards a democratic society. 27. Regrettably, the reported number of political prisoners and detention conditions continue to be appalling. The Special Rapporteur was informed that, as at 20 May 2008, 1,900 persons were in prison, allegedly on political grounds. 28. The situation of the General Secretary of the NLD, Aung Saan Suu Kyi, and in particular her house arrest, are issues of particular concern in this regard. According to Opinion No. 2/2007 of the Working Group on Arbitrary Detention, the Government argued that Aung Saan Suu Kyi had been arrested because, in 2003, during her political activism in numerous towns, she had committed acts against peace and order of local communities, had made speeches against the Government and had campaigned with the intention of weakening the integrity of Myanmar and the solidarity of ethnic communities. On these grounds, the Government applied article 10 (b) of State Protection Law 1975, which established that a person who is a “threat to the sovereignty and security of the State and the peace of the people may be detained for up to five years, but no more than one year at a time”. On 25 May 2007, the Government extended Aung Saan Suu Kyi’s arrest for another year, reaching the limit of five years provided for by the Law. According to reliable information, in May 2008, the Government of Myanmar exceeded the limit by again extending Aung Saan Suu Kyi’s arrest with no new evidence or allegations against her.

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