Summary: "The mandate of the Special Rapporteur of the Commission on Human Rights on the situation of human rights in Myanmar was established by the Commission in its resolution 1992/58 and extended most recently in resolution 2005/10. In that resolution, the Commission requested the Special Rapporteur to report to the General Assembly at its sixtieth session and to the Commission at its sixty-second session. The present report is submitted further to that request and is based on information received by the Special Rapporteur up to 22 July 2005. It is to be read in conjunction with his last report to the Commission (E/CN.4/2005/36). The Special Rapporteur has not been permitted to conduct a fact-finding mission to Myanmar since November 2003. While he has not been granted access to the country during the period covered by the present report, he has continued to fulfil his mandate to the best of his ability based on information collected from a variety of independent and reliable sources. The National Convention was reconvened from 17 February to 31 March 2005 without the involvement of a number of political parties, including the National League for Democracy (NLD). The invited delegates were selected from the same eight categories as for the previous Convention: political parties, representativeselect, national races, peasants, workers, intellectuals and intelligentsia, State service personnel and ceasefire groups. According to the National Convention Convening Commission, 1,073 out of the 1,081 delegates invited attended the meeting. The exclusion of important and representative political actors from the process, the restrictions placed on their involvement, the intolerance of critical voices and the intimidation and detention of pro-democracy activists render any notion of a democratic process devoid of meaning. Freedom of movement, assembly and association must be guaranteed, as they are basic requirements for national reconciliation and democratization. The Special Rapporteur firmly believes that if the inherent procedural restrictions are not amended and the representatives of the democratic opposition are not involved in the National Convention, any constitution that emerges will lack credibility. Placing the procedural arrangements that govern the National Convention on a sound democratic footing would allow for the full inclusion and involvement of all political parties and true progress to be made in the democratization process. The Government can and should take immediate steps to salvage the National Convention and its credibility both at home and internationally. The question of defining who will draft the constitution is one of the most relevant issues in the current political process. Furthermore, there is at present no clear indication of the rules for the adoption of the constitution through a national referendum. The Special Rapporteur regrets to note that the information received demonstrates that the situation regarding the exercise of fundamental rights and freedoms has not substantially changed during the reporting period. He constantly receives reports of restrictions and violations of basic rights and freedoms. There reportedly remain over 1,100 political prisoners in Myanmar. The release of 249 political prisoners on 6 July 2005 was tempered by the continuation of the arrests, detention and harsh sentences meted out to civilians and democracy advocates for peaceful political activities. The Special Rapporteur remains very concerned at the practice of administrative detention. It is deeply regrettable that NLD General-Secretary Daw Aung San Suu Kyi celebrated her sixtieth birthday under house arrest. Her virtual solitary confinement and lack of access to NLD colleagues run counter to the spirit of national reconciliation. The Special Rapporteur is encouraged that HIV/AIDS prevention and treatment activities have increased, but remains very concerned that HIV/AIDS has become a generalized epidemic in Myanmar. While the Government continues to work on a national plan of action for children, it has yet to ratify the two Optional Protocols on the Convention on the Rights of the Child. Serious human rights violations continue to be perpetrated against Myanmar?s ethnic minority communities. Widespread reports of forced labour, rape and other sexual violence, extortion and expropriation by Government forces continue to be received. Victims of violations rarely have recourse to redress. The transition to a full, participatory and democratic system in Myanmar can no longer be postponed. Political and constitutional dialogue must begin without delay. By instituting values of democracy and human rights, the Government will send a clear signal to the people of Myanmar and the international community that it is actively committed to facilitating the creation of a stable and democratic future for the country. The United Nations and the international community stand ready to work in partnership with the Government, the political parties and civil society organizations, to effectively facilitate national reconciliation and the transition to democracy. By strengthening its cooperation with international organizations, the Government can be assured of support for conflict resolution, political and economic reform, institution- and capacity-building, humanitarian assistance and human development."