A/HRC/43/59 operationalized in August 2019. The Special Rapporteur also called for the United Nations to undertake an independent investigation into its actions in relation to Rakhine. Gert Rosenthal undertook such a review in early 2019. 7. The Security Council has met several times to discuss Myanmar since September 2017. It visited Myanmar and Bangladesh in April 2018 and issued a statement on the situation following those visits. However, the Special Rapporteur is disappointed that it has so far failed to unite to pass a resolution that demonstrates its unanimity of resolve to address the situation. She renews her call for the Security Council to refer the situation in Myanmar to the International Criminal Court, or for the international community to establish an international tribunal to prosecute alleged perpetrators of international crimes committed in Myanmar. II. Situation of human rights A. Democratic space 8. In 2015, Myanmar held a landmark democratic election and, in 2016, the National League for Democracy Government took up office. The Special Rapporteur anticipated the expansive opening of democratic space under the new Government, but this has not been the case. 1. General elections 9. Myanmar is now once again approaching general elections. There are several issues that need to be addressed for elections to attain the international standards of being transparent, inclusive, participatory, free and fair. 10. In the lead-up to and during the elections, particular efforts should be made to widen the space for free and open public debate among everyone in the community and to seek, receive and impart information. However, despite repeated calls for reform by the Special Rapporteur, the legal framework governing rights to freedom of expression, assembly and association remains inconsistent with international standards and stifles free expression. Journalists, activists and others continue to face charges and convictions under laws that criminalize legitimate expression and democratic activity. Additionally, there is a total suspension of mobile Internet services in nine townships in Rakhine and Chin States, ordered under section 77 of the Telecommunications Law of 2013, affecting a host of rights. The Special Rapporteur is concerned that this provision could be used in other parts of the country to suppress information and public debate. The legal framework must be reformed as a matter of urgency, in particular sections of the Telecommunications Law, the Unlawful Associations Act of 1908, the Peaceful Assembly and Peaceful Procession Law of 2016, the Citizenship Law of 1982 and the Penal Code. 11. During elections, it is critical that all of the population is able to exercise their right to participate, stand for election and vote. The Political Parties Registration Law of 2010 provides that only full citizens may form political parties and that only full citizens and naturalized citizens are allowed to be political party members. As a result of the discriminatory Citizenship Law and its arbitrary implementation, the Political Parties Registration Law affects the rights of members of religious and ethnic minorities, who face unnecessary hurdles in gaining citizenship documentation, especially Muslims. These laws impact most severely on the right to freedom of association and political participation of the Rohingya. 12. The majority of Rohingya were disenfranchised prior to the 2015 election, and those who remain in Myanmar ahead of the 2020 election largely remain disenfranchised. There are well over a million refugees from Myanmar outside its borders unable to participate in the election. The Special Rapporteur has also been informed multiple times of the concerns stakeholders have over whether voting will take place in conflict-affected areas, in particular Rakhine and southern Chin State, and northern Shan, and that this would disproportionately affect the representation of ethnic and religious minorities. The 3

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