A/HRC/45/36
capacity and that the award ceremony is not a UN event. It also stated that side events of
the Human Rights Council are not part of the main programme, and allegations of
surveillance can be refuted by video recordings. The Government informs that Ms. Haidar
enjoys all her fundamental rights protected by the law, and that she has never filed a
complaint with the judiciary or the national human rights commission.
25.
Myanmar
82.
Multiple United Nations actors identified alleged intimidation and reprisals. In July
2019, the Special Rapporteur on the situation of human rights in Myanmar, who has been
denied entry into the country since January 2018 (A/HRC/43/59, para. 2), noted that any
harassment, reprisals and intimidation against people who cooperate with her and other UN
mechanisms is unacceptable and will not be tolerated.59 In September 2019, she stated that
she was receiving worrying information about reprisals, surveillance and harassment of
individuals in Myanmar and outside who are cooperating with international human rights
mechanisms.60 On 19 December 2019, the Assistant Secretary-General for Human Rights
addressed patterns of intimidation and reprisals to the Government in writing.
83.
In its August 2019 report, the Independent International Fact-Finding Mission on
Myanmar noted, in regard to its methodology, that “special attention was paid to the
protection of victims and witnesses, considering their well-founded fear of reprisals,
especially following the publication of the Mission’s previous report” (A/HRC/42/50, para.
38; A/HRC/42/CRP.5, para. 35) in September 2018 when it had verified instances of
reprisals for engagement with the UN (A/HRC/39/64, para. 9, 72). The Mission reported in
September 2019 that it was unable to corroborate information received about a widespread
campaign of persecution against members of Christian minorities by the United Wa State
Army (UWSA) in areas of Shan State under its control, due to a fear of reprisals
(A/HRC/42/CRP.5, para. 547).
84.
In a December 2019 resolution on the situation of human rights of Rohingya
Muslims and other minorities in Myanmar (A/RES/74/246), the General Assembly
expressed grave concern about the increasing restrictions on humanitarian access, in
particular in northern Rakhine State (para. 4), and called upon Myanmar to grant UN
agencies unfettered access. The General Assembly urged the Government to cooperate fully
with and to grant full, unrestricted and unmonitored access to all UN mandate holders and
human rights mechanisms and to ensure that individuals can cooperate without hindrance or
fear of reprisal, intimidation or attack (para. 4).
85.
It is reported to OHCHR that some individuals who advocate for justice and
accountability, including for action by the International Court of Justice, have faced threats.
In December 2019, the Special Rapporteur reported that online hostility against activists
increased after the announcement in November 2019 of international legal proceedings over
atrocities in Myanmar61 and “call[ed] on each and every organ of the Myanmar State to
ensure that absolutely no reprisals are taken against any group or individual that is
advocating for justice and accountability in Myanmar.”62 She drew attention to “the spread
of increasingly hostile online rhetoric propagating a false and divisive narrative of being
59
60
61
62
36
End of mission statement to Thailand and Malaysia, Yanghee Lee, Special Rapporteur on the
situation of human rights in Myanmar (18 July 2019),
https://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=24832&LangID=E.
Oral update to the Human Rights Council, Special Rapporteur on the situation of human rights in
Myanmar (16 September 2019),
https://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=25013&LangID=E.
International Court of Justice, Application of the Convention on the Prevention and Punishment of the
Crime of Genocide (The Gambia v. Myanmar), Request for the indication of provisional measures
(November 2019), https://www.icj-cij.org/files/case-related/178/178-20191118-PRE-01-00-EN.pdf.
UN News, “Aung San Suu Kyi appears at ICJ as UN rights expert urges greater protection for
Myanmar activists,” (10 December 2019), https://news.un.org/en/story/2019/12/1053121.