A/HRC/8/12
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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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