A/HRC/4/14
page 7
III. OVERVIEW OF THE SIX-YEAR MANDATE
OF THE SPECIAL RAPPORTEUR
15.
The Special Rapporteur in his previous report to the Human Rights Council
(E/CN.4/2006/34, paras. 9-22) presented an overview of his activities during his six-year term
which he does not wish to reiterate in the present report. In this last precious opportunity to
address the Council as Special Rapporteur on the situation of human rights in Myanmar, he
prefers to share some reflections on his experiences during the last six years.
16.
At the time he was appointed in December 2000, the Special Rapporteur decided to
propose to the Government that he undertake a three-day visit to prepare his first official
mission. This was somewhat unconventional, but the political situation in the country was
already very tense. For five years, his predecessor, Rajsoomer Lallah, had not been allowed to
visit the country, and the Special Rapporteur thought that this would be a way to engage with the
Government in a new form of dialogue on human rights.
17.
The Government of Myanmar has affirmed - and the Special Rapporteur agrees - that the
five missions which followed that first visit were an important indicator of its cooperation with
the Commission on Human Rights. The Special Rapporteur regrets that the same kind
cooperation has not taken place during the last three years and two months, seriously curtailing
his ability to report. The Special Rapporteur has tried to explain to the Government of Myanmar
that official visits would give an opportunity to the Special Rapporteur to verify allegations of
human rights violations and would allow the Government to have its views reflected in the
report. Since his last mission to Myanmar in November 2003, the Special Rapporteur has
written on many occasions to the Government seeking an invitation to visit the country, without
success. He has not even received a written reply.
18.
During the course of his mandate, the Special Rapporteur has maintained regular contacts
with representatives of Myanmar in Geneva and New York, and with its ambassadors in many
capitals. The Special Rapporteur has made every effort, particularly in the last three years, to
convince the Government of Myanmar to work towards the protection and promotion of human
rights and to fulfil its international obligation of cooperation in the field of human rights. The
representatives of Myanmar - despite their urbane treatment of the Special Rapporteur, which it
is only fair to acknowledge - have preferred to denounce the Special Rapporteur’s findings as
inaccurate, biased or politically motivated instead of simply investigating the allegations
reported by the Special Rapporteur.
19.
The Special Rapporteur reaffirms that he has maintained his independence, impartiality
and objectivity in weighing the information provided by various sources. During his 11 years of
association with the United Nations human rights mechanisms, the Special Rapporteur has done
his best to report honestly on the progress made and obstacles faced by Governments in
promoting and protecting human rights. At this end of his endeavours, the Special Rapporteur is
distressed to conclude that the Government of Myanmar has decided to refuse to cooperate with
the mandate and with the Human Rights Council.
20.
The duties of the Special Rapporteur include analysing problems and trying to find
solutions. Constructive criticism is more easily accepted than tongue-lashing, especially when
such criticism is accompanied by concrete gestures of cooperation. Achieving progress in a
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