A/HRC/28/72 Army after he called on the President and the Myanmar National Human Rights Commission to investigate the fatal shooting of his 14-year-old daughter, Ja Seng Ing, in 2012. The Special Rapporteur understands that he chose to pay the fine but plans to appeal the conviction. Brang Shawng had been subjected to two years of court proceedings, including over 50 court appearances, and faced the prospect of a two-year prison sentence if convicted. In the meantime, an official inquiry into the death of Ja Seng Ing has yet to be initiated. The Special Rapporteur is concerned about the human rights implications of that case, particularly with regard to the right to equality and an effective remedy under the law, and the right to make complaints about acts relating to human rights and to have such complaints reviewed. The State also has a duty to ensure the protection of complainants against any reprisal or retaliation as a consequence of their complaint. 24 The Special Rapporteur raised those concerns in several meetings with the Myanmar authorities, who provided various explanations which she considers unsatisfactory. She urges that an independent and transparent criminal inquiry into the death of Ja Seng Ing be conducted as soon as possible, and for the criminal conviction of Brang Shawng to be overturned. 59. Information gathered by the Special Rapporteur indicates that it is not uncommon for persons making allegations against the military to be subject to criminal proceedings for defamation or providing false information. She notes with concern reports following the murder of two ethnic Kachin schoolteachers in northern Shan State in January 2015 that, after initial investigations, the military publicly stated that its soldiers were not responsible and that public comments accusing the military would be met with legal action. Myanmar is currently transitioning from military rule to a democracy and it will take time to make the necessary changes required to ensure full civilian rule and accountability of State actors. However, the Special Rapporteur believes that an immediate step would be to ensure that victims are not penalized for bringing complaints and seeking redress against alleged human rights violations by the Myanmar military. III. Conclusions 60. Since 2011, Myanmar has undergone far-reaching changes that have affected most aspects of life in the country. However, as the Special Rapporteur warned in her previous report, there continue to be signs of backtracking by the Government. During her visit, the Special Rapporteur observed a growing atmosphere of fear, distrust and hostility. One example of that was the sexist personal attacks that she received from a nationalist Buddhist monk at the end of her visit. In Rakhine State, the atmosphere between communities is hostile, with the Union Government justifying the confinement of many Muslims in camps for internally displaced persons as necessary for their protection. The four “race and religion” bills currently before the parliament will hinder Myanmar from developing into a pluralist society and instead will cement discriminatory attitudes and policies. 61. Since her visit, there has been an alarming escalation of violence in Kokang self-administered zone in north-eastern Shan State between the Myanmar Army, the Myanmar National Democratic Alliance Army and other armed groups. The Special Rapporteur reminds all parties of the need to protect civilians and to facilitate humanitarian access. The state of emergency declared by the Government in the Kokang self-administered zone must be accompanied by strict accountability and safeguards for human rights. 24 See art. 9, para. 2, and art. 12, para. 2, of the Declaration on Human Rights Defenders. 17

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