A/HRC/13/48
42.
During the Special Rapporteur’s second mission to Myanmar, the Chief Justice
accepted his recommendation to engage with the Special Rapporteur on the independence
of judges and lawyers. However, when the latter sent a visit request in March 2009, the
Government replied in April that it had other commitments. The Special Rapporteur on the
situation of human rights in Myanmar again raised this recommendation on his third
mission. The Chief Justice again said that the Government of Myanmar would welcome the
Special Rapporteur on the independence of judges and lawyers. Such a mission would be an
indication of seriousness in addressing the problem of judicial independence and
impartiality.
C.
Freedom of expression, assembly and association in the light of the 2010
elections
43.
The freedom of opinion and expression, as well as, freedom of assembly and
association are fundamental rights enshrined in the UDHR and are guaranteed by
international human rights treaties including those to which Myanmar is a State party,
namely, the Convention on the Rights of the Child, the Convention on the Elimination of
All Forms of Discrimination against Women, and the Convention concerning Freedom of
Association and Protection of the Right to Organize, 1948 (No. 87) of the International
Labour Organization (ILO). These freedoms are essential for the functioning of a
democratic society, critical for the organization of meaningful and credible elections, and
necessary for reflecting the diversity of a multi-ethnic society. They are exercised through
the existence of an independent media, vibrant civil society and independent trade unions.
44.
As 2010 is the year announced for holding national elections, freedom of opinion
and expression, as well as assembly and association, are more necessary than ever. The
elections cannot be free, fair, transparent and inclusive, in accordance with international
standards, without those freedoms. At present essential conditions allowing for the exercise
of these rights do not exist in Myanmar. Dissenting voices are not allowed, and all
publications are subject to censorship by the Press Scrutiny and Registration Board of the
Ministry of Information. Other censorship boards exercise control in the field of arts and
culture. Journalists exercise a high level of self-censorship in order to survive or otherwise
risk seeing their licences revoked as has happened to many journals and magazines.
45.
There are currently at least 12 journalists and many more bloggers in prison. In
effect, many of the other prisoners of conscience are incarcerated for offences that are
linked to a denial of this freedom, or sometimes charged for completely unrelated offences.
46.
In its resolution 64/238, the General Assembly strongly calls upon the Government
of Myanmar to lift restrictions on the freedom of assembly, association, movement and
freedom of expression, including for free and independent media, including through the
openly available and accessible use of Internet and mobile telephone services, and ending
the use of censorship. In his previous report, the Special Rapporteur indicated several
domestic laws that restrict the principles of freedom of association and assembly: most
importantly, the Unlawful Association Act (1908), the State Protection Act (1975), as well
as sections 143, 145, 152, 505, 505 (b) and 295 (A) of the Penal Code.
47.
These laws continue to be used to restrict freedom of expression and association.
With regard to freedom of opinion and expression, the Television and Video Law (1985),
the Motion Picture Law (1996), the Computer Science Development Law (1996),
Electronic Transactions Law (2004) and the Printers and Publishers Registration Act (1962)
are being used to censor the media.
48.
It is important to note that these laws are in contravention of international law, inter
alia articles 19 and 20 of the Universal Declaration of Human Rights, articles 13 and 15 of
10
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