A/HRC/42/CRP.5
and Tatmadaw conflict and reporting on the situation of the Rohingya in Rakhine. They
also prevented civil society, victims and witnesses of human rights violations and abuses
communicating their concerns to the outside world. They hampered the ability of
humanitarian agencies to evaluate the humanitarian conditions and needs of people affected
by the conflict and others in the region. The shutdown also made it difficult for the
government and other actors to disseminate information to communities in conflict areas,
including information about clashes, which could be vital for the safety and protection of
the civilian population.
445. The Mission is also concerned about reports of restrictions on freedom of assembly
in Rakhine State. In response to protests connected to deaths in custody and allegations of
torture against Rakhine detained on charges of belonging to AA, ethnic Rakhine protesters
have been sought after by police, with charges reportedly being laid against them. 1033
1.
Freedom of expression, and crack-down on local media
446. The media in Myanmar have traditionally faced heavy restrictions and censorship.
These restrictions lessened during the period from 2012 to 2015. However, there was a
marked increase in restrictions on the media in Rakhine State after the “clearance
operations” of October 2016 against the Rohingya.1034 Following the 2017 “clearance
operations”, media access, in particular to the northern Rakhine Townships, remained
restricted to visits organised well in advance, orchestrated by the Government and under
Government control.1035
447. These restrictions have not abated. To the contrary, following the escalation of
hostilities between the AA and the Tatmadaw in early 2019, the Government has barred
journalists from reporting from conflict affected areas in Rakhine. Journalists are only able
to access those areas in visits organized by the Ministry of Information.1036
448. Hostility and intolerance towards local media reporting on the conflict have
increased in 2019. In April and May 2019, editors and publishers of three Myanmar
publications that published articles on the Tatmadaw’s conflict with the AA were charged
with criminal offenses.
449. One case involved editors of “The Irrawaddy”1037 who were charged with “online
defamation” under section 66(d) of the 2013 Telecommunications Law. 1038 If found guilty,
the accused face up to two years in prison.1039
450. A second case involved charges against the editors of Radio Free Asia (RFA) that
were similarly filed under section 66(d) of the 2013 Telecommunications Law in April
2019. The charges have reportedly been dropped.1040 A third case involved charges against
Aung Marm Oo, the editor of the Development Media Group. In early May 2019, Aung
1033
1034
1035
1036
1037
1038
1039
1040
126
The Irrawaddy, “‘Rakhine Life Matters’ Protesters Sought by Police in Sittwe” (4 July 2019); DVB,
"Police Force investigated the home of one of the Rakhine youth who asked for justice", (3 July
2019): http://burmese.dvb.no/archives/335399.
Joe Freeman, “Myanmar Journalists Grapple With Lack of Access, Legal Fears” (VOA News, 6 July
2017).
LM-019, LM-022, Radio Free Asia, “Myanmar Keeps Media Away From Rakhine Conflict Zone” (5
November 2019)
FFFGEN-1555826851-1890. See also for example: Jonathan Head, “Rohingya crisis: Villages
destroyed for government facilities” (BBC, 10 September 2019).
LI-183, LI-188, The Irrawaddy, “Military sues the Irrawaddy for ‘Unfair’ Coverage of Rakhine
Conflict” (22 April 2019), International Federation of Journalists, “Myanmar: The Irrawaddy targeted
under draconian Article 66(d)” (Press Release, 23 April 2019), Committee to Protect Journalists,
“Myanmar military sues The Irrawaddy for criminal defamation over conflict coverage” (25 April
2019).
LI-183, LI-188.
s.66(d) of the 2013 Telecommunications Law
Htet Naing Zaw, “Press Council Requests Role in Case Against Journalists” (The Irrawaddy, 26 June
2019) http://myanmarpresscouncil.org/activities-mpc/statements-mpc/333-statements8-3my19.html
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