Summary: The mandate of the Special Rapporteur on the situation of human rights in Myanmar was established by the Commission on Human Rights in its resolution 1992/58 and extended most recently by the Human Rights Council, in its decision 1/102 by which the Council decided to extend, exceptionally for one year, the mandates and mandate holders of the special procedures of the Commission. 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. In the past two years, the reform process proposed in the ?seven-point road map for national reconciliation and democratic transition”, which was meant to become eventually open to various relevant actors, has been strictly limited and delineated. As a result, the political space has been redefined in narrower terms. In addition, obstructions in the past couple of years have held back the pace and inclusive nature of the reforms which were required for democratization. The work of the National Convention has been adversely affected by this evolution. Through the decades, the space for the establishment of civilian and democratic institutions has been seriously curtailed. The capacity of law enforcement institutions and the independence and impartiality of the judiciary have been hampered by sustained practices of impunity. This situation has contributed to reinforce inequality and increased the gap between the poorest and the richest. On 27 May 2006, the house arrest of Aung Sang Suu Kyi was further prolonged by 12 months in spite of various international appeals, including by the Secretary- General of the United Nations. As at the end of August 2006, the number of political prisoners was estimated at 1,185. From April to July 2006, 1,038 members of the National League for Democracy were reportedly forced to resign from the party following intimidation and threats. The Special Rapporteur has consistently indicated that national reconciliation requires meaningful and inclusive dialogue with and between political representatives. He firmly believes that the national reconciliation and the stability of Myanmar are not well served by the arrest and detention of several political leaders or by the severe and sustained restrictions on fundamental freedoms. The persecution of members of political parties in the opposition and human rights defenders shows that nowadays the road map for democracy faces too many obstacles to bring a genuine transition. In the past, the Special Rapporteur acknowledged that the road map could play a positive role in the political transition. Sadly, the positive momentum in the early years of his mandate is apparently stalled. The Special Rapporteur remains particularly concerned about the continuing impunity, which has become systematic and must be urgently addressed by the Government of Myanmar. It has become increasingly clear that the persistent impunity does not only stem from a lack of institutional capacity. Impunity has allowed accountability to be avoided for acts that have oppressed voices questioning existing policies and practices. Several individuals and groups responsible for committing serious violations of human rights, in particular members of the military, have not been prosecuted. There is also little evidence that these serious crimes have been investigated by relevant authorities. Grave human rights violations are received among the established structures of the State Peace and Development Council and indulged not only with impunity but authorized by the sanction of laws. In that respect, the Special Rapporteur is also very concerned by the continued misuse of the legal system, which denies the rule of law and represents a major obstacle for securing the effective and meaningful exercise of fundamental freedoms by citizens. He considers especially as a matter of grave concern the criminalization of the exercise of fundamental freedoms by political opponents, human rights defenders and victims of human rights abuses. The Special Rapporteur is very concerned by the ongoing military campaign in ethnic areas of eastern Myanmar and by its effects on human rights, especially on civilians who have been targeted during the attacks. The situation should be considered in connection with the widespread practice of land confiscation throughout the country, seemingly aiming to anchor military control, especially in ethnic areas. Such a practice has led to numerous forced evictions, relocations and resettlements, situations of forced migration and internal displacement. Given the scale of the current military campaign, the situation may lead to a humanitarian crisis if it is not addressed immediately. The Special Rapporteur takes note of the recent vote of the Security Council on 15 September 2006 to include Myanmar in its agenda. He believes that a forthcoming debate of the Council on Myanmar may offer an opportunity to speed up the process of transition towards democracy.