A/HRC/43/59 Government must not continue to deny political rights to large swathes of its population: it should reform the legal framework to ensure the right to vote and stand for election for all, and ensure that polls are carried out in all parts of the country. If there are concerns about security in a particular area, the Government should explore alternative means to in-person voting to guarantee that all voters are able to cast their vote. During the election, polling should be open to independent local and international observers and media to ensure that polls are carried out freely, credibly, fairly and peacefully. 2. Hate speech, nationalism and populism 13. The Special Rapporteur has repeatedly raised the issue of speech amounting to incitement to violence, discrimination and hatred in Myanmar, which remains a pervasive and serious concern, particularly on social media. It is the duty of the Government to condemn such speech; however, it has not done so. The Special Rapporteur continues to be informed that legitimate expression on Facebook is over-moderated through the use of blanket bans and automatic takedowns while, at the same time, incidents of incitement to violence, discrimination and hatred online remain under-moderated. The Special Rapporteur has been informed that a draft anti-hate speech law is being prioritized for enactment by the Ministry of Home Affairs. She remains concerned that the law could be used to further restrict freedom of expression by relying on censorship and criminal penalties as a means of addressing broadly defined hate speech. This approach is inconsistent with international human rights law. Instead, the Special Rapporteur repeats her call for the Government to undertake wide-ranging action, including enacting an antidiscrimination law, in accordance with the Rabat Plan of Action on the prohibition of advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence. 14. Rising nationalist, extremist and populist narratives are antithetical to human rights and are equally of concern, in particular with regard to ethnic and religious minorities as they fuel incitement to violence, discrimination and hatred against those groups. These narratives demonize civil society and human rights activists and lead them to selfcensorship. The Government has a responsibility to counter such narratives publicly and instead to promote pluralism, tolerance and inclusion. The Special Rapporteur notes the role of the media and social media in this area, and that it should be harnessed to promote positive norms, diversity and openness to ideas. 3. Politically motivated arrests and prosecutions 15. As of January 2020, there are a reported 647 political prisoners in Myanmar, of which 73 are serving prison sentences, 141 are in detention facing trial and 433 are on remand. By November 2019, military officers had reportedly filed 47 defamation cases against 96 people under numerous laws since the National League for Democracy Government took office, including against activists, journalists, religious leaders, artists and members of political parties. During the same period, complaints have been filed against 37 individuals by members of parliament and their associates for defaming parliamentarians. From March 2016 to November 2019, members of parliament and their representatives filed 22 lawsuits against 30 people who allegedly criticized them over the performance of their duties. These politically motivated prosecutions must end. 16. In November 2019, six Karenni youth were sentenced to six months in prison with hard labour by Loikaw Township Court, Kayah State, under section 8 (d) of the Law Protecting the Privacy and Security of Citizens of 2017. They opposed construction of a statue of General Aung San and allegedly issued a statement that the Kayah State Chief Minister and Planning and Finance Minister were political criminals and enemies of ethnic unity. The Special Rapporteur is concerned this is a violation of multiple rights; she calls for the release of these persons and for arrests of peaceful protesters to cease. 17. The Special Rapporteur has been informed that Ohn Hla, a Karen environmental and land rights defender, was again sentenced to one month in jail, along with three others, under section 19 of the Peaceful Assembly and Peaceful Procession Law. Ohn Hla was arrested in April 2019 after joining with residents of the Shwe Mya Sandi Housing Project to protest the loss of their land. She was arrested as her name was allegedly not included in 4