A/HRC/28/72 religious minorities and women. The promotion of tolerance, intercultural understanding and interfaith dialogue, the deconstruction of racial, religious and gender stereotypes, and the free exchange of ideas and alternative views are crucial elements in countering hate speech, incitement to hatred and intolerance in all its manifestations. 3 Of fundamental importance is the formal rejection of hate speech by high-level public officials and the condemnation of the hateful ideas expressed. However, such measures should not be used to further restrict free speech, as a flourishing environment for freedom of expression, and the elimination of hate speech are mutually supportive.4 During her visit, the Special Rapporteur herself was subjected to personal attacks by members of the nationalist Buddhist community who chose to use vulgar, sexist and insulting language to denounce the comments she had made on the potential discriminatory effects of the Population Control Healthcare Bill, the Bill Relating to the Practice of Monogamy, the Bill on Religious Conversion, and the Myanmar Buddhist Women’s Special Marriage Bill. 11. People who criticize the use of Buddhism for nationalist or extremist ends remain vulnerable to human rights violations, notwithstanding the constitutional prohibition on the use of religion for political ends. 5 U Htin Lin Oo is currently detained without bail in Monywa prison, in Sagaing Region, following a speech he gave in October 2014 in which he spoke out against Buddhism being used as a tool for extremism and nationalism. He was charged in December 2014 under article 295 (a) of the Penal Code, which prohibits “deliberate and malicious acts intended to outrage religious feelings”, and article 298, which bans the uttering of words with deliberate intent to wound religious feelings. 12. Freedom of peaceful assembly is also fundamental to a thriving democracy. In the context of the upcoming elections, the Special Rapporteur highlights the following line from the Declaration of Principles for International Election Observation: “Genuine democratic elections cannot be achieved unless a wide range of other human rights and fundamental freedoms can be exercised on an ongoing basis without discrimination”.6 Important progress has been made since 2011 in creating more space for people to express their views peacefully through public demonstrations, rallies and marches. However, on her recent visit, the Special Rapporteur was informed of ongoing arrests and prosecutions of people exercising their rights to peaceful assembly and association, including in relation to land confiscation, large-scale development projects, environmental degradation and constitutional reform. Many protesters are charged under the Law on the Right to Peaceful Assembly and Peaceful Procession, as well as articles 188, 295 (a), 333 and 505 (b) of the Penal Code. 13. The Law on the Right to Peaceful Assembly and Peaceful Procession, amended in June 2014, requires consent to be obtained from the authorities at least five days in advance 3 4 5 6 Rabat Plan of Action on the prohibition of advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence, para. 37. Committee on the Elimination of Racial Discrimination, general recommendation No. 35 (2013) on combating racist hate speech. Article 364 of the 2008 Constitution states that “the abuse of religion for political purposes is forbidden. Moreover, any act which is intended or is likely to promote feelings of hatred, enmity or discord between racial or religious communities or sects is contrary to this Constitution”. Myanmar is a party to the Convention on the Rights of the Child, the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of Persons with Disabilities, and is also obligated to abide by international customary law, which includes the Universal Declaration of Human Rights. Article 20 of the Universal Declaration of Human Rights affirms that “everyone has the right to freedom of peaceful assembly and association”. 5