A/HRC/4/14
page 2
Summary
The mandate of the Special Rapporteur on the situation of human rights in Myanmar was
established by the Commission on Human Rights in its resolution 1992/58 and extended most
recently by the Human Rights Council, in its decision 1/102, in which the Council decided to
extend, exceptionally for one year, the mandates and mandate holders of the special procedures
of the Commission on Human Rights.
The third holder of the mandate on Myanmar, Paulo Sérgio Pinheiro was appointed in
December 2000 and has fulfilled his mandate to the best of his ability for the last six years,
despite having been denied access to the country since November 2003.
The Special Rapporteur, in the present, final report on the situation of human rights in
Myanmar to the Human Rights Council, reiterates the findings contained in his last report to the
sixty-first session of the General Assembly (A/61/369 and Corr.1).
During the course of the mandate of the Special Rapporteur, the reform process proposed
in the “seven-point road map for national reconciliation and democratic transition”, after
showing some readiness to become open to various relevant actors, has been further strictly
limited and delineated. As a result, the political space has been redefined in narrower terms. In
addition, obstructions in the past couple of years have held back the pace and inclusiveness of
the reforms that are required for democratization. The work of the National Convention has
been adversely affected by this development.
Over the decades, the space for the establishment of civilian and democratic
institutions has been seriously curtailed. The exercise of fundamental freedoms has been
severely restricted. The house arrest of Aung Sang Suu Kyi, which was further prolonged for
one year on 27 May 2006, illustrates well this state of affairs. As of 16 December 2006, the
number of political prisoners was estimated to be 1,201. The Special Rapporteur has
consistently indicated that national reconciliation requires meaningful and inclusive dialogue
with and between political representatives. He firmly believes that the national reconciliation
and the stability of Myanmar are not well served by the arrest and detention of several political
leaders or by the severe and sustained restrictions on fundamental freedoms. The persecution of
members of political parties in the opposition and human rights defenders shows that today, the
road map for democracy faces too many obstacles to bring about a genuine transition. In the
past, the Special Rapporteur has acknowledged that the road map could play a positive role in the
political transition. Sadly, the positive momentum of the early years of his mandate has
apparently stalled.
The capacity of law enforcement institutions and the independence and impartiality
of the judiciary have been hampered by sustained impunity. This situation has contributed to
reinforcing inequality and has increased the gap between the poorest and the richest.
The Special Rapporteur remains particularly concerned about impunity, which has
become systematic and must be urgently addressed by the Government of Myanmar. It has
become increasingly clear that impunity stems not only from a lack of institutional capacity.
Impunity has allowed those who have oppressed voices that question existing policies and
practices to avoid being held accountable. Several individuals and groups responsible for
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