A/HRC/13/48 the Convention on the Rights of the Child, as well as ILO Convention 87, to which Myanmar is a State party, and which explicitly calls upon Governments to ensure the full enjoyment of freedom of expression and association. As a State party to these conventions and a Member State of the United Nations, the Government of Myanmar should ensure compliance of domestic laws with its international obligations. 49. A review of national laws to ensure they are in compliance with international standards is one of the Special Rapporteur’s four core human rights elements. According to the Attorney General, the Government has been reviewing national legislation and has found that half are not in line with the new Constitution, and 50 laws will be deleted. Some laws remain to be reviewed, but that should be completed before the end of the year. No details were provided on the specific laws mentioned above, which the Special Rapporteur enquired about during his third mission. 50. The Special Rapporteur has received information that several journalists have been convicted under the Electronic Transactions Law and the Television and Video Law. He remains concerned about restrictions on the media, including censorship of newspapers, the Internet and other sources of information, and the threatening of journalists with heavy prison sentences under the above-mentioned laws. Win Zaw Naing, 24, has been held since December 2009 by police in the Yangon district of Kyauktada, where he has not been allowed to see a lawyer. He was arrested under article 33 (a) of the Electronic Transactions Law, which provides for sentences of up to 15 years in prison. He was arrested for posting photos of the September 2007 protests, including of Buddhist monks, on his blog. According to reports, freelance reporter Hla Hla Win, age 25, was arrested in September 2009 after visiting a Buddhist monastery in the northern town of Pakokku. She was sentenced to 20 years in prison on 31 December 2009 for an alleged violation of the Electronics Transactions Law. A man accompanying her was sentenced to 26 years in jail. 51. In Sittwe prison, the Special Rapporteur met Aung Tun Myint, age 33, a video journalist, who was arrested in 2008 for filming outside a polling station during the referendum on the new Constitution. Although the polling station was in Yangon, which is not near any border, he was sentenced to three years in prison under charges related to the immigration act. His three video cameras and mobile phone were confiscated, and he lost his work including interviews from the Cyclone Nargis aftermath. 52. The Special Rapporteur has continued to receive information about ongoing restrictions on the right to form trade unions. Several individuals have been detained, convicted and sentenced to long terms in prison for their association with trade unions, including the banned Federation of Trade Unions of Burma. 53. In Buthidaung Prison, the Special Rapporteur met Kyaw Min, age 23, who received a 28-year sentence for his activities related to organizing workers. He noted that everything he and his colleagues did was within the bounds of the law. 54. The Special Rapporteur was informed by the Minister of Labour of discussions between the Government and ILO about assistance in drafting a trade union act. The Special Rapporteur welcomes this initiative and hopes that the law will conform to international standards. 55. The continuous building of democracy, which is the aim of the seven-step road map as declared by the Government, requires the active participation of civil society including independent NGOs. Organized groups such as associations of monks, students and human rights defenders have been harshly suppressed. Currently some 500 monks and students remain imprisoned. The well known 88 Generation Students group has been punished most severely for advocating peaceful democratic changes. Many of its prominent members have been arrested and sentenced to lengthy prison terms. During his last mission, the Special Rapporteur met two of its leaders, Htay Kywe in Buthidaung and Than Tin in Sittwe, GE.10-11915 11

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents