A/HRC/31/71
30.
On 30 January 2016, a radical monk posted a video on Facebook depicting a graphic
recreation of the rape and murder of a Buddhist woman in Rakhine State in 2012, an
incident viewed by many as having triggered the violence witnessed that year. A longer
video may be released in the near future. Although the video was later removed by
Facebook, the Special Rapporteur is troubled by this new act of incitement against the
Muslim community and the absolute silence of the Government in this regard.
31.
The Special Rapporteur also remains concerned by the extreme measures called for
by radical Buddhist groups, such as the Ma Ba Tha, in the name of “protecting race and
religion”. While attacks and threats are mainly directed against Muslim communities, they
also often target anyone offering a different perspective or speaking for non-discrimination.
Human rights defenders and other civil society actors calling for interfaith harmony or
supporting the rights of minorities have been threatened and harassed.
32.
Greater efforts should be made to publicly condemn, prevent and combat acts of
incitement to discrimination, hostility and violence. Serious and extreme instances of
incitement to hatred, which cross a clearly defined multi-step threshold (see A/70/412, para.
32), should be criminalized. For other cases, civil laws providing for diverse procedural and
substantive remedies should be adopted. Any measures taken should not, however, impose
additional restrictions on the rights to freedom of expression, assembly and association.
Underlying root causes should also be addressed, including through a comprehensive series
of preventive, education and awareness-raising measures. In this regard, the Special
Rapporteur welcomes and encourages further interfaith activities aimed at promoting
intercommunal harmony and building a more tolerant, diverse and inclusive society.
33.
The Special Rapporteur remains concerned at the package of four “race and
religion” laws adopted in 2015. Since they were first proposed in November 2014, she and
other special procedure mandate holders have repeatedly drawn attention to the
discriminatory impact of these laws, particularly on minorities and women, and their lack of
compliance with the State’s human rights obligations. She renews her call for their revision
or repeal.
34.
As highlighted previously by the Special Rapporteur and previous mandate holders,
it is crucial that the discriminatory Citizenship Law (1982) also be brought into line with
international standards. In particular, provisions that provide for the granting of citizenship
on the basis of ethnicity or race, which are clearly discriminatory, should be revised.
35.
On 31 March 2015, all temporary registration cards, the main identification
document held by Rohingya and by persons of Chinese or Indian descent, expired. On 2
June, the Government announced that those who had submitted their card by the deadline
(around 469,000 people) were eligible to apply for new identity cards (referred to as “cards
for those whose nationality will be scrutinized”). To date, the degree of acceptance of the
new cards by the affected population has been low, mainly owing to a lack of trust in the
process. Consequently, most Rohingya and other non-citizen minorities are now without
any valid identity document, thus increasing their vulnerability. For many, the only current
evidence of legal residence in Myanmar is the compulsory household list.
C.
Rakhine State
36.
The need to address the deeply entrenched human rights issues in Rakhine State
represents a significant challenge for the new Government, but also a major opportunity to
break away from the tragic status quo. Innovative approaches could rapidly bring about
positive change, which could in turn contribute to the broader objective of strengthening the
rule of law and national reconciliation across Myanmar.
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