A/HRC/42/CRP.5
Mission acknowledges that the Government justified its internet shutdown on the grounds
that it was intended “to maintain the stability and law and order”1089 and to “reduce racial
hatred”, purportedly to stem Bamar-Rakhine hate speech on social media.1090 The Mission
accepts that these are legitimate purposes. The Mission also acknowledges that the internet
shutdown was geographically restricted to Ponnangyun, Kyauktaw, Maungdaw,
Buthidaung, Rathedaung, Mrauk-U, Minbya, and Myebon townships in Rakhine State and
Paletwa Township in Chin State. On 31 August 2019 the shutdown was limited to four of
these nine townships. The Mission nonetheless concludes on reasonable grounds that the
manner in which the internet shutdown was applied exceeded what was necessary and
proportionate to achieve the legitimate purpose given by the Government.
471. First, the Government’s justification that it shut down the internet to “reduce racial
hatred” is questionable in the context of its failure to address hate speech against the
Rohingya. The Mission continued to monitor anti-Rohingya hate speech on the internet and
found no apparent action from the Government to remove and prevent it. If the Government
was now sincerely concerned with this issue, the Mission would have observed the
Government taking steps to address this issue on the internet across the country and not
only in relation to Bamar-Rakhine relations.1091 Second, the Government did not impose
tailored restrictions that corresponded to legitimate concerns it may have had about specific
individuals, accounts or social media platforms promoting insecurity or disseminating hate
speech. Rather than imposing restrictions on parts of the internet and on some users of the
internet and taking the least restrictive means to achieve the stated purpose of the shutdown,
the Government imposed a blanket shutdown on everyone in a wide geographic area with a
population of approximately one million people. It did this knowing the negative
consequences it would have on freedom of expression and information, especially in
relation to human rights violations, and on humanitarian coordination and the provision of
humanitarian relief and family assistance. Confining the shutdown to four townships did
not bring the shutdown into compliance with international human rights law, as it remains
an indiscriminate, insufficiently precise, untailored and disproportionate restriction on
freedom of opinion and expression. The Mission’s position finds additional support from
the Human Rights Council,1092 the Human Rights Committee,1093 UN Special Rapporteur on
the right to freedom of expression, 1094 and the May 2015 Joint Declaration on Freedom of
Expression and Responses to Conflict Situations,1095 all of which have articulated strong
concerns and condemnation of internet shutdowns under international human rights law.
VI. The situation in northern Myanmar
A.
Introduction
472. Since June 2011, the protracted conflicts in Kachin and Shan States have escalated
and have been characterized both by intensifying fighting between the Tatmadaw and the
1089
1090
1091
1092
1093
1094
1095
132
https://www.bnionline.net/mm/news-66228.
https://burma.irrawaddy.com/news/2019/06/24/195854.html.
See A/HRC/39/CRP.2, p. 320-322.
See, Human Rights Council, The promotion, protection and enjoyment of human rights on the
Internet, A/HRC/RES/32/13. See also A/HRC/RES/38/7, para. 4; and A/HRC/RES/39/6, para. 6.
Human Rights Committee, General Comment No. 34 to Article 19: Freedoms of opinion and
expression, CCPR/C/GC/34, para. 43.
See, A/HRC/35/22; UN expert urges DRC to restore internet services, 7 January 2019,
https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=24057&LangID=E.
UN Special Rapporteur on Freedom of Opinion and Expression, the Organization for Security and
Co-operation in Europe (OSCE) Representative on Freedom of the Media, the Organization of
American States (OAS) Special Rapporteur on Freedom of Expression and the African Commission
on Human and Peoples’ Rights (ACHPR) Special Rapporteur on Freedom of Expression and Access
to Information, Joint Declaration on Freedom of Expression and responses to conflict situations,
para. 4(a). Available:
https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=15921&LangID=E.
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