Summary: "Nearly one year since the new government assumed office, it continues to face formidable human rights challenges. In this report, the Special Rapporteur builds on previous reports to identify some of these challenges, and makes related recommendations..." Conclusions: 82. It has been almost one year since the new Government came to power. The Special Rapporteur has already noted in her previous report the formidable human rights challenges it faces while simultaneously having to navigate and direct a bureaucracy carried over from the previous Government as well as govern within the constraints of a Constitutional framework which gives precedence to military prominence over civilian authority. She recalls that the consolidation of democracy and the creation of a culture of respect for human rights is a complex undertaking requiring political will as well as sustained investment in not just enhancing the functioning and integrity of State institutions but also their accountability. 83. While improvements have been seen in some areas and some are making clear efforts, as the Special Rapporteur reflected after her recent visit, many ordinary Myanmar people have unfortunately begun to lose hope that the new Government will address their needs and concerns. This is undoubtedly at least partially due to the continued impunity enjoyed by the military and other security forces and their dominant position in the government. Trust that was placed in the new civilian leadership has started to wane with repeated incidents that carry the hallmarks of the previous Government. Where allegations of abuses and violations are suspected, the Government appears quick to resort to its standard position of ?defend, deny, and dismiss.? 84. Addressing the apparent climate of impunity will be vital for the new Government moving forward. Impunity arises from a failure by States to meet related obligations including to investigate violations; take appropriate measures in respect of the perpetrators by ensuring that those suspected of criminal responsibility are prosecuted, tried and duly punished; provide victims with effective remedies; and take other necessary steps to prevent recurrence of violations. Pervasive impunity also emboldens acts of retaliation and reprisals by those implicated by alleged abuses and violations. 85. Currently, existing policies, laws and avenues for redress appear to favour those in positions of power rather than to ensure that everyone is equal before law and has equal opportunity to have legitimate grievances addressed. Laws continue to be misused to stifle freedom of association and assembly, and subvert freedom of opinion and expression. Individuals who have lived on land for generations continue to face evictions without proper safeguards for projects which bring them little or no benefits. Conflict, which continues to have a devastating effect on civilians, sometimes appears to be focused around resource-rich areas or near lucrative projects. 86. The Special Rapporteur reminds the Government of the distinction between rule of law and rule by law as far too often issues of concern are explained away as having been dealt with ?according to the law.” Too often also cases of abuses and serious, even grave, human rights violations, that potentially involve the State as the perpetrators, get closed with no explanation or dealt with in secrecy under the pretext of national security. Alternatively, a plethora of committees or commissions are set up to tackle the same issue with duplicative mandates, insufficient guarantees of independence and impartiality, and confusing, inconclusive and delayed outcomes. Where the State is unable to discharge its primary duty of investigating violations, taking appropriate measures against perpetrators, and providing victims with effective remedies, then it must seek assistance to do so. And when it is unwilling to do so, then the international community must step in and step up.".....The report also contains recommendatioins and as an Annex, a set of Proposed joint SR-Government benchmarks.