A/HRC/19/67
safeguard and guarantee human rights and fundamental freedoms in accordance with the
Constitution and international human rights standards. He also urges that technical
assistance be sought from the international community, particularly OHCHR and other
organizations.
13.
One concern relating to the functioning of the judiciary is access to counsel. The
Special Rapporteur was informed of the arbitrary revocation of licences of lawyers who
defend prisoners of conscience. He received allegations of lawyers subject to intimidation
and monitoring by police, as well as lawyers denied meetings with clients and prohibited
from making oral arguments in court. He took note of reports that the Union Supreme Court
revoked the licence of Tin Tin Aung, a member of the National League for Democracy
(NLD), in September 2011, and that a letter reportedly carrying the signatures of some 25
disbarred lawyers had been sent to President Thein Sein in November 2011, although a
response has not been provided to date. The Special Rapporteur urges the Government to
reconsider these revocations and to allow lawyers to practise their profession freely.
14.
The Special Rapporteur stated previously that the upcoming by-elections would be a
key test of how far the Government has progressed in its process of reform. It is therefore
essential that they be truly free, fair, inclusive and transparent. The Special Rapporteur was
informed by the Union Election Commission that the use of international observers was
under consideration. He was also informed that, on 27 July 2011, the Commission had
convened a meeting, with representatives of all officially registered political parties, to
review the strengths and weaknesses in the conduct of the 2010 general elections. At the
meeting, it was reportedly highlighted that the flaws in the conduct of the elections were a
result of a lack of awareness of and strict compliance with relevant laws, rules and
procedures, as well as of the inexperience of officials and the general public. He notes that
the Commission intends to draw lessons from the elections, consider the suggestions of all
political parties and provide training to officials of electoral subcommissions and polling
stations.
15.
While such developments as the easing of media restrictions and the revision of the
Political Party Registration Law, resulting in the re-registration of several political parties
and the decision of some to contest the by-elections, may allow for the organization of
more credible elections, the Special Rapporteur is concerned at continuing allegations of
campaign irregularities and attempts to limit campaign activities. In this regard, he notes
that the Union Election Commission met with 17 political parties standing for election on
14 February 2011 and laid out plans to tackle voting irregularities. Concerns relating to the
use of advance votes were also addressed. The political parties reportedly requested lists of
advance votes to be provided prior to election day, and were told that representatives of
Parliament would receive the list free of charge, while others could request a copy for a fee
of 200 kyat.
16.
The Special Rapporteur stresses that the credibility of the elections will not be
determined solely on the day of the vote, but on the basis of the entire process leading up to
and following election day. It is therefore important that the Union Election Commission
seriously address reports of campaign irregularities and restrictions on the ability of
political parties to carry out campaign activities, problems such as the use of advance votes,
and the procedures and costs for filing a complaint. Respect for the freedoms of expression,
assembly and association should be ensured.
17.
On 5 September 2011, the national human rights commission was established by
Presidential Decree (Government notification No. 34/2011) with a mandate to promote and
safeguard the fundamental rights of citizens described in the Constitution. On 7 October,
the commission issued a notification that it could receive complaints from citizens,
although matters that had been brought before or were under court proceedings or had been
decided by a court would not fall within its competence.
5
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