A/HRC/22/58
I. Introduction
1.
The mandate of the Special Rapporteur on the situation of human rights in Myanmar
was established pursuant to Commission on Human Rights resolution 1992/58, and was
recently extended by Human Rights Council resolution 19/21. The present report is
submitted pursuant to Council resolution 19/21 and General Assembly resolution 67/233,
and covers human rights developments in Myanmar since the Special Rapporteur’s report
to the Council (A/HRC/19/67) in March 2012 and to the Assembly (A/67/383) in October
2012.
2.
From 11 to 16 February 2013, the Special Rapporteur conducted his seventh mission
to Myanmar and met, in Nay Pyi Taw, the Minister for Home Affairs, the Minister for
Social Welfare, Relief and Resettlement, the Attorney General, the Deputy Minister of
Foreign Affairs, the Deputy Minister for Border Affairs, the Deputy Chief Justice and other
justices of the Supreme Court, as well as several Members of Parliament and parliamentary
committees. In Yangon, he met Daw Aung San Suu Kyi, members of the Myanmar
National Human Rights Commission, civil society, prisoners of conscience held in Insein
Prison, former detainees from Buthidaung Prison, the United Nations country team and the
diplomatic community. He also visited Yangon University and met with the Dean and
students, and visited the offices of the Myanmar Times.
3.
He visited Rakhine State, where he met State authorities and community leaders. He
visited camps for displaced persons for both Buddhist and Muslim communities in Sittwe,
Myebon and Pauk Taw and visited Sittwe Prison. He also visited Kachin State, where he
met State authorities and civil society, visited camps for displaced persons in Myitkyina
and Waingmaw and visited Myitkyina Prison. He expresses thanks to the Government of
Myanmar for its cooperation during the visit.
4.
He visited Japan from 7 to 10 February and met with representatives of the Japan
International Cooperation Agency, the Ministry of Foreign Affairs, the Ministry of
Economy, Trade and Industry, the Parliamentary Senior Vice-Minister for Foreign Affairs,
and civil society organizations. He also visited Thailand from 17 to 18 February and met
with representatives from the Ministry of Foreign Affairs, civil society, United Nations
regional and national offices and the diplomatic community. He is grateful to the
Governments of Japan and Thailand for their cooperation.
5.
The Special Rapporteur expresses thanks to the Office of the United Nations High
Commissioner for Human Rights (OHCHR) in Geneva, Bangkok and New York, for
assisting him in discharging his mandate.
II. Human rights situation
A.
Prisoners of conscience
6.
Since the formation of the new Government, eight amnesties have been granted and
800 prisoners of conscience released. The most recent amnesty, announced by the President
on 16 November 2012, resulted in the release of more than 50 prisoners of conscience and
was granted in accordance with article 204 (a) of the Constitution and article 401 (1) of the
Code of Criminal Procedure.
7.
The Special Rapporteur publicly welcomed the releases, while noting that article
401 (1), (3), (4) of the Code of Criminal Procedure enables the attachment of conditions,
such as the imposition of the remaining sentence if a condition on which the sentence was
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