A/HRC/43/59
it. Mandatory registration makes it possible to track and locate registered individuals
without proportionate and necessary justification. It also has the potential to be used for
surveillance, censorship, targeting political opponents and suppressing freedom of
expression. This poses serious risks to security, safety, privacy and other rights.
Furthermore, the Special Rapporteur has been alerted to Government plans to establish a
national database for storing biometric information of registered SIM card users, which will
seriously increase the risk of surveillance and security breaches, and further infringe on the
population’s rights.
29.
The Special Rapporteur is further concerned over Government plans to introduce
digital identification cards as part of a system that will include biometric information. There
are serious risks relating to how such information will be used and stored, particularly in
the absence of data protection laws. Additionally, these plans raise serious concerns about
the rights and safety of marginalized groups in Myanmar, including, but not limited to, the
Rohingya. The Special Rapporteur urgently calls on the Government to suspend these plans
until the necessary legal framework for data protection has been adopted through an
extensive, inclusive and consultative process. More broadly, the rule of law, an independent
judiciary and reform of the Citizenship Law are all needed to ensure that the collection and
storage of personal data are consistent with human rights protection. Companies involved in
the development of digital governance systems must be alert to the potentially serious risks
posed to human rights and exercise heightened due diligence, which should include
declining sales of their services if the risks are found to be too high.
3.
Natural resource extraction
30.
Throughout her mandate, the Special Rapporteur has reported on natural resource
extraction in Myanmar in relation to human rights and impacts on the environment, conflict
dynamics and communities. The Special Rapporteur notes that regulating natural resource
extraction in conflict-affected areas remains particularly problematic and poses serious
governance challenges. Parties to armed conflicts have interests in the extraction of the
country’s natural wealth, which adds to the complexity of peace negotiations.
31.
The Special Rapporteur continues to receive reports of human rights abuses because
of irresponsible mining across the country. Survivors of a landslide that took place in Paung
Township, Mon State, in August 2019, which reportedly killed more than 70 people, claim
the disaster was caused by irresponsible sand mining. There has yet to be an investigation
into this serious incident, despite calls in November 2019 from a Mon State
parliamentarian. In December 2019 subsistence farmers in Tachileik District, eastern Shan,
were forced to relocate as a result of the environmental impact of gold mining in the area.
Mining waste was dumped by companies, reportedly operating without permits, into nearby
streams and rivers and flowed into their paddy fields. The farmers have not received
compensation, and their right to an adequate standard of living has been severely impacted.
32.
The governance framework in Myanmar still does not support responsible mining.
The complexity and lack of clarity and consistency between relevant policies, laws and
regulations create legal uncertainty. Furthermore, the Government has limited resources
and technical capacity, particularly at the state and regional government level, to enforce
the environmental and social regulations that do exist. Companies are taking advantage of
this situation and must be held to international standards. The Special Rapporteur urges the
Government to ensure that continued reform of the extraction sector remains high on its
agenda. She calls on the Government to prioritize effective implementation of the
Environmental Impact Assessment Procedure, making it a consistent, transparent and
enforceable requirement. The right to a healthy environment, which brings together
environmental dimensions of fundamental rights that enable a life of dignity, must be
protected from the impacts of natural resource extraction.
33.
The Special Rapporteur once again commends the country’s continued participation
in the Extractive Industries Transparency Initiative, which is a positive means of increasing
transparency and accountability in the sector. This will support greater realization of rights,
including the rights to information and access to remedy. She welcomes recent Government
initiatives to increase disclosure of information on beneficial owners and “politically
exposed persons” in the extractive industries, described by the Initiative as someone who is
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