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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