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. 8

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents