A/HRC/45/5
address discrimination on any grounds, including ethnicity, religion, gender and sexual
orientation. OHCHR and other United Nations entities have offered to assist the
Government in developing such a legislative and policy framework in lieu of a draft “antihate speech” law that may further limit space for free expression. Vague provisions in the
draft of that law are open to misapplication and could, if it were adopted in its current form,
significantly infringe upon the right to freedom of expression.
39.
A significant amount of content posted online contains language that is derogatory
and offensive to minorities, and demonizes those who are alleged to support ethnic armed
organizations. Recently, activists involved in the online “Don’t call me kalar” antidiscrimination campaign have faced threats and harassment for their advocacy. 11 Despite
Facebook having taken steps to improve its operations in Myanmar since 2018, including
removing military officials’ personal accounts and organizational pages, military
propaganda pages that contain racist language that incite hatred remain online.
40.
Contrary to the fact-finding mission’s recommendation that returns of internally
displaced persons to their homes or places of origin be facilitated, thousands remain in
camps. In November 2019, the Government finalized its national strategy on resettlement
of internally displaced persons and the closure of camps for internally displaced persons.
This strategy references key international standards and has the potential to contribute to
durable solutions for internally displaced persons. Current attempts to close Kyauk Ta Lone
camp in Rakhine State, however, have raised serious concerns. Meaningful consultations
with the camp’s Kaman and Rohingya residents have not taken place and yet they desire to
return to their places of origin. Additionally, the relocation site currently under construction
is near the existing camp, and is prone to flooding, and job opportunities, health care and
education are inaccessible. This proposal threatens permanent segregation and ghettoization
of the displaced persons concerned.
E.
Economic and social rights
41.
The obligations of Myanmar under the International Covenant on Economic, Social
and Cultural Rights include duties to respect, protect and fulfil the rights to food, water,
sanitation, housing, health, education, work, social security, and participation in cultural
life. As in many other countries, land rights and security of tenure in Myanmar underpin
access to food, shelter, livelihoods and development, for a significant proportion of the
population. For ethnic minority communities, the relationship with land is also spiritual,
cultural and social. Significantly, given the many armed conflicts between the Tatmadaw
and ethnic armed organizations, land issues frequently take on political dimensions.
42.
In its recommendations, the fact-finding mission urged heightened human rights due
diligence for all investments in conflict-affected areas, and especially in Kachin, Rakhine
and Shan States. It also emphasized that development projects should be conducted in a
fair, equitable, non-discriminatory, sustainable and non-politicized manner. Events over the
past two years indicate that this has not been the case.
43.
In September 2018, amendments made to the Vacant, Fallow and Virgin Lands
Management Act of 2012 introduced new bureaucratic requirements to obtain permits for
the use of lands declared as “vacant”, “fallow” or “virgin” under the law, most of which are
located in Myanmar’s ethnic States, thereby facilitating large-scale agriculture, mining and
other activities. Although the amendments recognize customary land use for the first time,
customary tenure remains legally undefined and is not subject to specific protection within
Myanmar’s complex legal framework governing land use. The result of the amendments is
the dispossession of millions of smallholder farmers and criminalization of their ongoing
land use, unless they applied for and were granted the newly required permits within six
months of the amendments coming into force.
44.
In August 2019, Parliament passed a Land Acquisition, Resettlement and
Rehabilitation Law, which will replace the Land Acquisition Act of 1894. Although the
11
10
The name of the campaign refers to a derogatory term for Muslims in Myanmar.
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