A/HRC/42/30
Ko Htwe (see GB.332/INS/8, para. 16), 145 which were also raised by the Special
Rapporteur (see A/HRC/37/70, para. 15). Mr. Aung Ko Htwe had been forcibly recruited
into the army in 2005 at age 14 and should receive continued protection as a complainant
with ILO, according to the 2007 agreement between the ILO and Myanmar.”146 However,
on 28 March 2018, the Dagon Seikkan Township Court sentenced him to two years in
prison with hard labor.
78.
It was reported that on 30 October 2018 Mr. Aung Ko Htwe was tried and acquitted
of “causing destruction of the whole or any part of the Union Seal” by Yangon’s Botataung
Township Court for his conduct during the trial when he allegedly stepped on a copy of
Myanmar’s Constitution. In December 2018, three special procedures mandate holders
raised concerns about Mr. Aung Ko Htwe’s trial (MMR 6/2018). On 4 and 25 March 2019,
the Government responded, addressing his charges and trial. 147 At the time of writing, Mr.
Aung Ko Htwe remains in Yangon’s Insein prison, where he has been since his arrest on 18
August 2017.
22.
Philippines
79.
Allegations of reprisals against the Commission on Human Rights of the Philippines
(PHL 12/2017) were included in the 2018 report of the Secretary-General (A/HRC/39/41,
paras. 61–62 and Annex I, paras. 84–85). As of May 2019, it was reported that members of
the Commission continue to be under surveillance by State agents and threats have been
made against their lives and security, amid calls for their resignation. Chairperson Mr.
Chito Gascon has been particularly targeted as head of the Commission, with a State agent
reportedly assigned to follow his movements. Mr. Gascon was also reportedly under
surveillance during a side event at the Human Rights Council in March 2019.
80.
Regarding the former Chair of the Commission, Ms. Leila M. de Lima, on 24
August 2018 the Working Group on Arbitrary Detention adopted an opinion 148 which
highlights, among other things, that the detention is deemed arbitrary (para. 61 and 67) and
recommends that Ms. De Lima be released immediately, afforded compensation (para. 81),
and that her detention be investigated (para. 82). Ms. de Lima has been in prison since
February 2018 on allegations of drug-related charges, deemed “politically motivated” by
several special procedures mandate holders (PHL 5/2017; A/HRC/40/60/Add.1, para. 403;
A/HRC/40/52, para. 58).
81.
In the 2018 report of the Secretary-General it was noted that multiple actors
expressed concern at the February 2018 petition of the Department of Justice to a Manila
court which sought to declare the Communist Party of the Philippines (CPP) and the New
People’s Army (NPA) as “terrorist” organizations (A/HRC/39/41, para. 62 and Annex I,
paras. 86–89). In particular, they noted that the petition included a list of over 600
individuals labelled as de facto “terrorists,” among them recognized human rights defenders,
indigenous peoples’ representatives, and representatives of community-based organizations,
a number of which had been long-standing partners of the United Nations.
82.
In July 2018, the Manila Regional Trial Court reportedly requested the removal of
multiple names from the list based on a petition, and in January 2019, the Department of
Justice amended the original petition to an abridged list. Multiple individuals still report
being targets for having previously been listed, including subjected to harassment,
surveillance and stigmatization.
145
146
147
148
60
ILO, Follow-up to the resolution concerning remaining measures on the subject of Myanmar adopted
by the Conference at its 102nd Session, 2013 (7 February 2018).
ILO, Supplementary Understanding between the Government of Myanmar and ILO, 2007.
Response
from
Government:
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=34553.
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=34576.
Opinion No. 61/2018 adopted by the Working Group on Arbitrary Detention at its eighty-second
session, concerning Leila Norma Eulalia Josefa De Lima (Philippines), 20–24 August 2018.
GE.19-15332