A/HRC/31/71
and charged, together with eight farmers, under section 18 of the Peaceful Assembly and
Peaceful Procession Law for a protest held in 2014 against land confiscations.
22.
The above developments seem to reflect a trend whereby the system continues to
restrict the rights of individuals exercising fundamental freedoms and to stifle dissent,
which in turn generates fear and uncertainty and deters political and social activism. The
Special Rapporteur therefore encourages the Government to reconsider its response to
critical and independent voices. Civil society and human rights defenders play a vital role in
democratic societies. The Government should create an enabling environment for these
actors to conduct their activities without fear of reprisal.
23.
The Special Rapporteur is concerned similarly by reports that journalists and media
workers continue to face legal action under legislation that is incompatible with
international human rights law. There are also increasing reports of government and
military interference in the rights of individuals to freedom of expression online. In this
regard, she notes with concern the convictions of Patrick Kum Jaa Lee and Chaw Sandi
Tun, who were both sentenced to six months of imprisonment, under section 66 (d) of the
Telecommunications Act 2014, for Facebook posts deemed defamatory to the Commanderin-Chief. The Special Rapporteur calls upon the Government to repeal all provisions that
provide for criminal sanctions for defamation.
24.
The Special Rapporteur notes the Government’s efforts to update media-related
legislation, including the adoption of the News Media Law (2014), the Printing and
Publishing Enterprise Law (2014) and the Law Concerning Television and Radio
Broadcasting (2015). While many of these laws improve on the previous framework, they
also contain problematic provisions (see A/HRC/28/72, paras. 6 and 7). In addition, the
enactment of these laws without repeal of earlier provisions has created a complicated
media law framework. Concern about harassment, a lack of clarity in the application of
regulatory laws and physical attacks on journalists have resulted in fear and self-censorship
in the media, which hampers the functioning of an independent press in Myanmar. The
appointment of the first media council in October 2015 is a positive development. The
Special Rapporteur hopes that it will be a strong and independent professional body
providing guidance to the media. She is also encouraged by the statement made on 24
January 2016 by the Commander-in-Chief, in which he recognized the indispensable role
played by the media during this time of nation-building.
25.
The Special Rapporteur is concerned that civil society actors continue to report
being monitored by military intelligence and the Special Branch Police, such as being
followed and photographed at meetings, and their families, friends and colleagues being
questioned on their whereabouts. Special Branch informers reportedly engage in online
monitoring, including by hacking social media accounts and intercepting e-mail
communications. Under sections 76 and 77 of the Telecommunications Law 2013, the
Government has broad powers to enter and inspect telecommunication services for matters
relating to national defence and security or public interest, and to intercept data in an
emergency situation. The Government has yet to draft legislation on the interception of
communications by law enforcement bodies.
26.
Procedural failings for individuals in detention, such as the length of pretrial
detention and the denial of bail, including for those with chronic or serious health
conditions, remain issues of concern. Of the 127 individuals arrested in relation to the
protests held against the National Education Law in Letpadan in March 2015, 53 remain in
Tharyawaddy prison and are still on trial one year after their initial arrest. Some 23
reportedly received no treatment for injuries resulting from police action at the time of their
arrest, and 24 reportedly developed medical conditions in prison due to inadequate nutrition
and unsanitary cells. A total of 18 on a hunger strike were transferred to Yangon Hospital
for specialist treatment on 1 December 2015. The Special Rapporteur notes the statement
6
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