A/HRC/43/59
the protest request letter. The Law’s overly burdensome requirements must be repealed, the
charges withdrawn and Ohn Hla released.
18.
The unjust prosecutions of members of the Peacock Generation Thangyat troupe –
Kay Khine Tun, Zayar Lwin, Paing Phyo Min, Paing Ye Thu, Zaw Lin Htut, Su Yadanar
Myint and Nyein Chan Soe – for performances in April 2019 that satirized the Myanmar
military, also known as the Tatmadaw, which were circulated online, have continued. In
February, three members were convicted of defamation under section 66 (d) of the
Telecommunications Law by Botahtaung Township Court. Four members had already
received six-month jail terms for defamation under section 66 (d) from Mayangon
Township Court. In addition to the charges of defamation, in November 2019 six members
were sentenced to one year in prison under section 505 (a) of the Penal Code by Botahtaung
Township Court; five had already been convicted in October 2019 under the same charges
by another court in Mayangon and will serve a minimum of two years in prison. Zayar
Lwin, Paing Ye Thu, and Paing Phyo Min still face charges under section 505 (a) in four
other township courts in Ayerwaddy Region. The Special Rapporteur calls for the
immediate release of the individuals and for all the charges to be withdrawn; satire is not a
crime. She also notes that it is against the principles of the rule of law for individuals to
face multiple charges in different township courts relating to the same act; their right to a
fair trial must be upheld.
19.
Journalists Swe Win, Ye Ni, Aung Marm Oo and Ye Kyi Myint all continue to face
charges under the Telecommunications Law, the Unlawful Associations Act and the Penal
Code, respectively. In October 2019, the military filed defamation complaints under section
505 (a) of the Penal Code against the lawyer Kyi Myint, the former Myanmar army captain
Nay Myo Zin and poet Saw Wai for remarks they made at a public gathering in Kawthaung
Township, Tanintharyi Region, in April in support of amending the Constitution. The
Special Rapporteur calls for the charges against these individuals to be withdrawn.
B.
Land rights, business and human rights
20.
During the Special Rapporteur’s mandate, there have been massive changes to the
business environment in Myanmar. Key features have been economic liberalization and a
lifting of economic sanctions, which opened opportunities for investment and development.
This has undoubtedly brought benefits to many people but has also exacerbated existing
human rights issues. The Government has a duty to protect all the people on its territory
against human rights abuse, including by business enterprises. At present, the legal
framework governing business activities in Myanmar fails to fulfil this duty, while realities
on the ground add to the complexity and increase the risk of business adversely impacting
on human rights.
21.
The Special Rapporteur has also observed the severe impact of large-scale
development projects and industries across the country. In many cases, this occurs without
prior consultation with the affected communities and results in loss of land, environmental
destruction, forced displacement and intimidation, suppression and even violence against
those in opposition. She recalls visiting the banana plantations in Kachin, which run for
miles on former communal land and contaminate the rivers with pesticides. There have
been protests and public opposition over the Mytisone and Thanlwin River dams; the
Thilawa and Kyaukphyu special economic zones; the Letpadaung copper mine; Swe Ko Ko
casino; Tigiyt power plant; the Alpha Cement Factory; and the trans-Myanmar oil and gas
pipelines. The lack of transparency surrounding these and many more major projects erodes
public trust in the Government, and people have little faith that they will be the ones to
derive any benefit from these developments. This remains particularly so in ethnic States.
To date, the Government has failed to deliver on implementing a transparent, inclusive and
rights-respecting approach to development; doing so remains a vital priority.
1.
Land rights
22.
Throughout the Special Rapporteur’s tenure, the question of land rights has
remained of utmost importance for Myanmar. Long-standing disputes over cases of land
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