A/HRC/16/59
24.
The Special Rapporteur is concerned about reports that a recently announced
upgrade of Myanmar’s Internet service will allow the Government to reinforce surveillance
and thus repression of national Web users. In October 2010 the Government announced the
launch of the country’s first national Web portal, which will be operated by the State-run
Yatanarpon Teleport and grants the military exclusive control over the Hantharwaddy
National Gateway, Myanmar’s main link to the Internet. According to reports, the new
system could allow the Government to capture data packets and confidential user
information.4
25.
In the Special Rapporteur’s past two reports (A/65/368 and A/HRC/13/48), he
emphasized the urgent need for concrete justice and accountability measures for Myanmar.
On 2 September 2010 the Government responded to a draft of the Special Rapporteur’s
2010 report (A/65/368), which had been shared with it in advance. The Government has
argued that it is addressing the charges of grave and systematic human rights violations. For
example, it stated that the Myanmar Human Rights Body under the Chairmanship of the
Minister of Home Affairs had established a team to investigate human rights violations
whenever they were lodged by citizens and to take punitive actions against violators.
However, the Government also reported that the entity had not received any complaints to
date regarding crimes against humanity or war crimes.
26.
The Special Rapporteur requested further information about the Human Rights
Body, namely: what legislation authorized the Myanmar Human Rights Body to undertake
its investigative and punitive functions; what procedure was available for citizens to file
complaints; were any witness protection measures provided for citizens who might file
complaints against officials or others in positions of power who could retaliate against
them; had this function of the Human Rights Body been publicized, and if so, how; and
finally, when did the Human Rights Body take up this investigation function (A/65/368,
para. 86). The Special Rapporteur regrets that he has not received any response to these
questions, nor has he been invited to Myanmar to discuss these important matters in person
with the relevant authorities.
27.
In the same written response of 2 September, the Government noted that in 2000 it
had notified the people through newspapers about a citizen’s right “to lodge a complaint to
respective Ministries relating to alleged injustices and grievances that may breach their
rights”. The Special Rapporteur also requested information about this mechanism,
including any available data and the role of prosecutors and the judiciary (ibid., para. 88).
He recommended that Myanmar consider cooperation with international agencies or nongovernmental organizations (NGOs) that specialize in human rights and justice to further
develop this mechanism (ibid., para. 87). During the review of Myanmar under the
universal periodic review, the Government delegation said that the notice had been
published in newspapers in 2006, and cited the following figures: from January to August
2010, the Ministry of Home Affairs received 503 submissions and action was taken on 199
complaints, 203 complaints were under investigation, and 101 complaints were found to be
false. These figures, and the mechanism itself, raise many questions that remain
unanswered. While the Government claims that independent investigations according to
international law require an exhaustion of local remedies, the Special Rapporteur notes that
even domestic investigations need to be independent, impartial, credible and without delay.
The Special Rapporteur again requests further information about these efforts by the
Government to address the grave and widespread human rights violations that have taken
place and continue to affect the people of Myanmar.
4
Reporters without Borders, “National Web portal: development or repression?”, November 2010, pp.
2 and 9. Available from www.scribd.com/doc/47540016/National-Web-Portal-Development-orRepression-Report.
7
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