A/HRC/42/CRP.5 impart information and ideas regardless of frontiers.1070 The right to freedom of opinion and expression is enshrined in the 1948 Universal Declaration of Human Rights (UDHR), whose adoption Myanmar (then called Burma) supported in the General Assembly. The UDHR is considered a “common standard of achievement for all peoples and all nations”1071 and it sets out the fundamental human rights that are to be universally protected. Although the UDHR was not intended at the time to be a legally binding document, it is generally considered as an authoritative interpretation of the human rights provisions in the legally binding United Nations Charter and reflective of international customary law.1072 This means that Myanmar is bound by the norms declared in its provisions, including the right to freedom of opinion and expression, regardless of Myanmar’s refusal to ratify other treaties, such as the ICCPR, that codify a similar right to freedom of expression.1073 465. The scope of the right to freedom of opinion and expression under customary international law is not clear. The Mission is guided by the consistent and rich case law on this issue under Article 19 of the ICCPR. It takes the view that Myanmar must, at a minimum, not actively deprive people of their right to freedom of opinion and expression, or restruict the right, in a widespread and systematic manner unless any restriction is provided by law, necessary for the protection of national security or of public order (ordre public), or of public health or morals, and proportionate to the need to be served.1074 Under the ICCPR, States may also derogate from their Article 19 obligations in exceptional circumstances when a situation amounts to a public emergency which threatens the life of the nation, in which case the State must have officially proclaimed a state of emergency.1075 Restrictive measures must also be limited to the extent strictly required by the exigencies of the situation. The United Nations Human Rights Committee has explained that this requirement relates to the “duration, geographical coverage and material scope of the state of emergency and any measures of derogation resorted to because of the emergency”. 1076 Additionally, derogations must be proportionate and limited to what is strictly required by the exigencies of the situation.1077 466. Given its global importance and ability to allow people to seek, receive and impact information, permissible restrictions may include restrictions on incitement to violence and to discrimination and on hateful speech. The Mission documented these kinds of impermissible content against Rohingya in its 2018 report. That report documented the extensive roles that Facebook and other social media platforms played in distributing such speech, including through language, cartoons, memes or graphic content that fueled social attitudes, intolerance and violence against Rohingya.1078 This report repeats its calls the Mission made in its 2018 report to the Government of Myanmar, including the civilian authorities and the Tatmadaw as relevant, to take immediate credible action to combat hate speech, in particular where it amounts to advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence.1079 This report also repeats the calls made to Facebook and other social media to enhance their capacity to 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 130 UDHR, art. 19. UDHR, Preamble. See O. De Schutter, International Human Rights Law, 2nd ed. (Cambridge, Cambridge University Press, 2014), p. 63 (and references listed there). Myanmar has ratified the Convention on the Rights of the Child which provides in its Article 13 for the right of children to freedom of expression in almost identical terms to Article 19 of the ICCPR. ICCPR, art. 19(3). ICCPR, art. 4; see, also, United Nations Human Rights Committee, General Comment No. 29 to Article 4: Derogations during a State of Emergency, CCPR/C/21/Rev.1/Add.11, 31 August 2001, para. 2. ICCPR, art. 4; see, also, United Nations Human Rights Committee, General Comment No. 29 to Article 4: Derogations during a State of Emergency, CCPR/C/21/Rev.1/Add.11, 31 August 2001, para. 4. Ibid. A/HRC/39/CRP.2, paras. 1312-1360, in particular 1342-1354. A/HRC/39/CRP.2, para. 1686.