A/HRC/8/12 page 7 people shall be the basis of the authority of Government; this will shall be expressed in periodic and genuine elections, which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures”. 17. If properly carried out, this path would lead to the formation of an elected Government and create an excellent opportunity to establish the basis for economic, social and political reforms, address the country’s pressing humanitarian and human rights needs, find effective precautionary measures for the rapidly deteriorating health and education situation and find avenues for true dialogue with opposition leaders. 18. The lack of participation in the drafting process, its transparency, the challenges regarding public knowledge about its contents, the implications of the draft Constitution for the people of Myanmar before making an informed decision, and the conditions under which the referendum was held all raise significant concerns from a human rights perspective. 19. The draft Constitution is said to have provisions that could compromise the enjoyment of the human rights recognized in the Universal Declaration of Human Rights. This aspect will be developed in future reports of the Special Rapporteur. To that end, the Special Rapporteur hopes to receive in the near future, an official English-language translation of the draft. B. Right to freedom of opinion and expression, peaceful assembly and association, and the role of human rights defenders 20. The right to freedom of opinion and expression is guaranteed under international law by a number of human rights instruments, notably under article 19 of the Universal Declaration of Human Rights. This universal right is particularly relevant to the democratization process. 21. After the announcement of the finalization of the draft Constitution, the Government intensified its campaign in support of the referendum and to ensure the acceptance of the Constitution by the people of Myanmar. A widespread media campaign encouraging citizens to vote in favour of the draft Constitution, as well as public rallies and activities, were reportedly held throughout the country. Public political debate, activism and organization are fundamental values encouraged by the Universal Declaration of Human Rights in its articles 2, 18, 19, 20 and 21. These provisions should provide space for all voices to be heard, including those that might be different, with varying perspectives enriching the pluralism of a vibrant democracy. 22. The provision included in the Referendum Law for the Approval of the Draft Constitution of the Republic of the Union of Myanmar No. 1/2008 and the existing provisions in the State Law and Order Restoration Council Law No. 5/96 threatened any opposition to the referendum. According to the Referendum Law, people who publicly stand against the referendum face fines and prison sentences. The Law has curtailed the peoples’ right to express their views, the essence of modern democracy. Despite these provisions, reports were received that posters had been hung on walls and anti-referendum rallies held. 23. The Special Rapporteur received a number of allegations regarding the arrest, detention and bringing of charges against individuals who had expressed views against the referendum and the draft Constitution. Reports were received of acts of protest and anti-referendum rallies in several parts of the country, in particular in Yangon and Mandalay. On 4 March, in Yangon, a