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Independent UN experts on the human rights situation in Myanmar called on the Government to announce a date for national elections and enact electoral laws as a demonstration of its commitment to holding free and fair national elections in 2010. Addressing the Third Committee of the General Assembly on 21 and 22 October respectively, the Special Adviser to the Secretary-General on Myanmar, Mr Ibrahim Gambari, and the Special Rapporteur on Myanmar, Mr Tomas Quintana, also repeated their longstanding calls for the immediate release of all political prisoners to enable their participation as candidates and voters in inclusive national elections. Both referred to the recent extension of the house arrest of pro-democracy leader Aung San Suu Kyi as a ‘missed opportunity’ for the Government to prove its commitment to holding democratic elections. Despite the ‘alarming’ human rights situation that persisted, both experts held out hope that in the short time remaining, the Government of Myanmar could take the necessary steps to cooperate with their mandates and create the conditions for credible elections.
A new suggestion that the Special Rapporteur brought to the discussion was to task the ‘core tripartite partnership’ between Myanmar, ASEAN and the UN with overseeing the 2010 elections. This partnership, which was instrumental in organising and delivering humanitarian relief to the people of Myanmar after Cyclone Nargis, could, in his view, regroup to guarantee transparency and fairness in the both the pre- and post-election phase. This suggestion was not taken up by the Third Committee during the interactive dialogue.
Sweden (on behalf of the EU) is sponsoring a General Assembly resolution on the human rights situation in Myanmar, which will be considered by the Third Committee in late November.
In addition to their concerns about the electoral process, the experts sounded the alarm on the continued ‘widespread and systematic’ violation of human rights in Myanmar. They called on the Government to address the ‘dire’ economic and social conditions, particularly the ‘starvation situations’ that existed in particular parts of the country. The Special Rapporteur also referred to the continued discrimination against Muslim populations in the Northern Rakhine State, and the plight of civilians caught in the internal conflict in Kayin State. In the interest of combating impunity, he called for intensified efforts to strengthen the independence and impartiality of the judiciary in Myanmar.
Mounting frustration at the lack of progress on the ground prompted some members of the Third Committee to question whether the strategy of constructive engagement with the Government of Myanmar was really working. The US suggested that the extension of house arrest of Aung San Suu Kyi and the release of only 131 political prisoners when there were estimates of several thousand such prisoners, warranted a re-evaluation of the strategy. Canada pointed to Myanmar’s refusal to allow the Secretary-General to meet with Aung San Suu Kyi when he visited the country in July 2009 as another adverse indicator. The EU asked the experts to elaborate on what Myanmar needed to do in the time remaining to demonstrate progress, whereas Australia and Argentina asked the Special Rapporteur to define the objectives of his November visit to Myanmar as another way of measuring progress. Taking a more constructive approach, Chile, Japan, the Maldives, New Zealand and Switzerland asked how regional neighbours and the international community more generally could assist the Government. However the silence of other key regional players, particularly those belonging to ASEAN, was notable.
The Government of Myanmar expressed its dismay at the lack of focus in the reports on its cooperation with the Special Adviser, the Special Rapporteur and a range of UN bodies. It suggested that its prompt agreement to a third visit by the Special Rapporteur since his appointment in March 2008 was proof of its willingness to cooperate. The Government lamented that the observations of 'anti-government groups' were given more credence than its own efforts to release over 9,000 prisoners and initiate constructive dialogue between Aung San Suu Kyi, foreign diplomats and ministers of its Government. It provided assurances that it was committed to holding free and fair elections and reminded the Third Committee that the pursuit of human rights could bear fruit only through cooperation.
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