A/HRC/43/59
operationalized in August 2019. The Special Rapporteur also called for the United Nations
to undertake an independent investigation into its actions in relation to Rakhine. Gert
Rosenthal undertook such a review in early 2019.
7.
The Security Council has met several times to discuss Myanmar since September
2017. It visited Myanmar and Bangladesh in April 2018 and issued a statement on the
situation following those visits. However, the Special Rapporteur is disappointed that it has
so far failed to unite to pass a resolution that demonstrates its unanimity of resolve to
address the situation. She renews her call for the Security Council to refer the situation in
Myanmar to the International Criminal Court, or for the international community to
establish an international tribunal to prosecute alleged perpetrators of international crimes
committed in Myanmar.
II. Situation of human rights
A.
Democratic space
8.
In 2015, Myanmar held a landmark democratic election and, in 2016, the National
League for Democracy Government took up office. The Special Rapporteur anticipated the
expansive opening of democratic space under the new Government, but this has not been
the case.
1.
General elections
9.
Myanmar is now once again approaching general elections. There are several issues
that need to be addressed for elections to attain the international standards of being
transparent, inclusive, participatory, free and fair.
10.
In the lead-up to and during the elections, particular efforts should be made to widen
the space for free and open public debate among everyone in the community and to seek,
receive and impart information. However, despite repeated calls for reform by the Special
Rapporteur, the legal framework governing rights to freedom of expression, assembly and
association remains inconsistent with international standards and stifles free expression.
Journalists, activists and others continue to face charges and convictions under laws that
criminalize legitimate expression and democratic activity. Additionally, there is a total
suspension of mobile Internet services in nine townships in Rakhine and Chin States,
ordered under section 77 of the Telecommunications Law of 2013, affecting a host of
rights. The Special Rapporteur is concerned that this provision could be used in other parts
of the country to suppress information and public debate. The legal framework must be
reformed as a matter of urgency, in particular sections of the Telecommunications Law, the
Unlawful Associations Act of 1908, the Peaceful Assembly and Peaceful Procession Law
of 2016, the Citizenship Law of 1982 and the Penal Code.
11.
During elections, it is critical that all of the population is able to exercise their right
to participate, stand for election and vote. The Political Parties Registration Law of 2010
provides that only full citizens may form political parties and that only full citizens and
naturalized citizens are allowed to be political party members. As a result of the
discriminatory Citizenship Law and its arbitrary implementation, the Political Parties
Registration Law affects the rights of members of religious and ethnic minorities, who face
unnecessary hurdles in gaining citizenship documentation, especially Muslims. These laws
impact most severely on the right to freedom of association and political participation of the
Rohingya.
12.
The majority of Rohingya were disenfranchised prior to the 2015 election, and those
who remain in Myanmar ahead of the 2020 election largely remain disenfranchised. There
are well over a million refugees from Myanmar outside its borders unable to participate in
the election. The Special Rapporteur has also been informed multiple times of the concerns
stakeholders have over whether voting will take place in conflict-affected areas, in
particular Rakhine and southern Chin State, and northern Shan, and that this would
disproportionately affect the representation of ethnic and religious minorities. The
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