A/HRC/19/67 II. Assessing the transition to democracy 7. Since its formation on 1 April 2011, the new Government has undertaken reforms resulting in the adoption of new policies and legislation and the creation of new national institutions and bodies. 8. The Special Rapporteur is encouraged that the national legislature continues to exercise its powers within the framework of the Constitution. Important issues relevant to human rights were discussed during its first and second regular sessions. During its third session, the national budget was discussed for the first time. Significant legislative reforms undertaken by Parliament include the adoption of the Labour Organizations Law and the Peaceful Demonstration and Gathering Law, as well as the amendment to the Political Party Registration Law. 9. The Special Rapporteur is also encouraged that new laws are currently under preparation, including a revised Prisons Act, a media law and a social security law, among others. He notes concerns, however, regarding some provisions of these new laws (see paragraphs 22 – 58 below), as well as the lack of adequate consultation with relevant stakeholders, including civil society. There have also been delays in the establishment of the necessary implementing regulations and procedures, and a lack of corresponding capacity of institutions to implement the new laws. 10. Moreover, there is lack of progress on the review and reform of the laws previously identified as not in full compliance with international human rights standards, such as the State Protection Act (1975), the Unlawful Association Act (1908), sections 143, 145, 152, 505, 505 (b) and 295 (A) of the penal code, the Television and Video Law (1985), the Motion Picture Law (1996), the Computer Science and Development Law (1996), and the Printers and Publishers Registration Act (1962). These laws have been systematically applied against prisoners and those opposed to the Government. The Government has, since February 2010, said that it is in the process of reviewing legislation to bring relevant laws into line with the Constitution, and ostensibly with international human rights standards. During his mission, the Special Rapporteur was again given assurances by the AttorneyGeneral that the Government was taking serious and gradual steps to reform these laws. The Special Rapporteur reiterates that such efforts should be accelerated and clear timebound target dates for the conclusion of the review should be established. Priority legislation for urgent review should be identified, including those provisions previously identified by the Special Rapporteur. 11. While Myanmar has sought assistance with regard to some draft laws, no comprehensive strategy for legislative reform has been designed, resulting in a somewhat ad hoc and uncoordinated process. The Special Rapporteur therefore recommends that Myanmar consider lessons learned and good practices from countries that have experienced accelerated transition periods, including the establishment of a law reform commission, which would review existing laws to bring them into full compliance with relevant international human rights standards. 12. Regardless of the efforts made to reform legislation, under the current Constitution, Myanmar lacks an independent, impartial and effective judiciary, which is not only essential for its transition to democracy but also necessary to uphold the rule of law, ensure checks and balances on the executive and the legislative, and safeguard human rights and fundamental freedoms in Myanmar. In his meeting with the Chief Justice and other justices of the Supreme Court, the Special Rapporteur noted limited acknowledgement of challenges and gaps in capacity or functioning, and a lack of willingness to address his previous recommendations. He therefore calls on the judiciary to implement his previous recommendations and to take a proactive approach to apply laws in a way that would 4