A/HRC/51/47
14.
Myanmar
51.
Multiple United Nations (UN) actors have noted the imposition of continuous
restrictions severely limiting civic space, including through online intensified surveillance,
Internet blackouts and shutdowns, and legal provisions criminalizing online activity and
sharply curbing access to the Internet. In her reports and updates to the Human Rights Council
during the reporting period, the United Nations High Commissioner for Human Rights noted
that there is virtually no civic space left across the country, and that intense surveillance,
including by digital means, amplifies the danger to activists in all military-controlled areas.37
(A/HRC/49/72, para. 47).
52.
This context amplifies the risks for victims, survivors, witnesses, and human rights
defenders to engage with UN entities, human rights bodies, and mechanisms. Due to
protection concerns, most UN interlocutors provided consent for the public use of
information as long as personal details and other potentially identifying elements were not
disclosed. Similarly, alleged victims and witnesses often declined to give interviews due to
personal security concerns. Some UN actors have requested support to protect those who
engage with them (see below). Relevant names and additional details are withheld for fear of
further reprisals.
53.
On 13 September 2021, in his closing remarks responding to interventions on the need
to prevent reprisals for cooperation with the Independent Investigative Mechanism for
Myanmar, the Head of the Mechanism noted38 that their highest priority for States’ support
and assistance to the Mechanism was the protection of those who wanted to cooperate with
it, as many of these individuals feel at risk.
54.
In its April 2022 and July 2021 resolutions on Myanmar,39 the Human Rights Council
called for immediate, unrestricted and unmonitored access for all United Nations entities and
mechanisms, including through the lifting of Internet shutdowns and all other Internet
restrictions that hinder the flow of information essential for accountability, and to ensure that
civil society organizations, human rights defenders, lawyers, victims, survivors, witnesses
and other individuals have unhindered access to and can communicate with the United
Nations and other human rights entities without fear of reprisals, intimidation or attack (res
49/23, OP 19 and res 47/1, OP13).
15.
Nicaragua
55.
During the reporting period, multiple UN actors continued to address intimidation and
reprisals for cooperation with the UN, in particular the impact of restrictive laws on the ability
and willingness of civil society organizations to cooperate with the United Nations.40 In the
first quarter of 2022, over 130 NGOs, including the country’s main human rights NGOs,
were liquidated for alleged non-compliance with several laws and regulations.41, 42 It has been
reported to OHCHR that enforcement of this legislation has severely limited the capacity and
willingness of civil society organizations to carry out their activities in Nicaragua, thus also
constraining their cooperation with the UN. On 2 April 2022, a new Law on the Regulation
and Control of Non-Profit Organizations (No. 1115) was adopted, further restricting the
activities of civil society actors43 and their ability to engage with the UN.
37
38
39
40
41
42
43
https://www.ohchr.org/en/statements-and-speeches/2022/03/interactive-dialogue-situation-humanrights-myanmar.
https://media.un.org/en/asset/k1m/k1mwjzn24r (time stamp 52:10).
Resolution on the situation of human rights in Myanmar (A/HRC/RES/49/23); resolution on the
situation of human rights of Rohingya Muslims and other minorities in Myanmar (A/HRC/RES/47/1).
A/HRC/48/28, Annex I para. 80.
Laws No. 147 on Non-Profit Legal Persons; No. 977 against Money Laundering, Financing of
Terrorism and Financing of the Proliferation of Weapons of Mass Destruction and its regulations; No.
1040 on the Regulation of Foreign Agents; No. 1042 on Cybercrimes, and No. 1055 on the defence of
the rights of the people to independence, sovereignty, and self-determination for peace.
https://www.ohchr.org/en/statements/2022/05/nicaraguas-crackdown-civil-society.
https://www.ohchr.org/en/statements/2022/05/nicaraguas-crackdown-civil-society.
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