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 The Law’s overly burdensome requirements must be repealed, the charges withdrawn and Ohn Hla released. 18.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 The Special Rapporteur calls for the immediate release of the individuals and for all the charges to be withdrawn; satire is not a crime.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 The Special Rapporteur calls for the charges against these individuals to be withdrawn.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 5

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