A/HRC/39/41 para. 16). He receives continued protection according to the 2007 agreement between the ILO and Myanmar that gives victims the right to lodge complaints alleging the use of forced labour and to seek redress without “retaliatory action.” 15 In 2009, Mr. Htwe’s family filed a complaint about his underage recruitment with the ILO and, under its agreement of Supplementary Understanding, is entitled to continued protection from reprisals related to his forced recruitment complaint. At the time he was serving a commuted 10-year prison sentence for allegedly being implicated in a murder with two other child soldiers when he was attempting to flee the army in 2007, a case that had been addressed by the ILO to no avail. 82. A month after his release in July 2017, Mr. Htwe was re-arrested by Myanmar security forces after he gave an interview to Radio Free Asia detailing his forced recruitment into the army as a child, and charged under section 505(b) of the Penal Code for speaking publicly about his experience. The ILO appealed for the charges to be dropped and noted that in the past several years, other underage recruits have spoken publicly about their experience without facing such reprisals, which has helped to reinforce the Government’s policy to end underage recruitment and forced labour. On 9 October 2017, the Government responded to the ILO indicating that it had previously responded to ILO in 2010 that it had taken measures to close the case. However, on 28 March 2018, the Dagon Seikkan Township Court sentenced Mr. Aung Ko Htwe to two years in prison with hard labor, despite his status as a complainant with ILO. 83. Human Rights Council resolution of 18 March 2018 (see A/HRC/RES/37/32, para. 22) expressed serious concern about reported cases of reprisal for cooperation with the Special Rapporteur on the situation of human rights in Myanmar, and emphasized that no one should face reprisals, monitoring, surveillance, threats, harassment or intimidation for cooperating or speaking with the special procedures of the Human Rights Council, including the Special Rapporteur, the independent international fact-finding mission or the United Nations. The Human Rights Council called on the Government of Myanmar to take appropriate measures to prevent such acts and to combat impunity by investigating promptly and effectively all allegations of intimidation and reprisal in order to bring perpetrators to justice and to provide victims with appropriate remedies. 20. Philippines 84. On 2 October 2017, five special procedures mandate holders expressed concern about the defamatory and intimidating public statements directed at the Commission on Human Rights of the Philippines (Commission), its members and its Chairperson Mr. Chito Gascon (PHL 12/2017), because of its human rights monitoring work and cooperation with the United Nations. The Commission submitted information to the universal periodic review of the Philippines in 2017 (see A/HRC/WG.6/27/PHL/3, paras. 2-9), 2012 (see A/HRC/WG.6/13/PHL/3, paras. 1-13) and 2008 (see A/HRC/WG.6/1/PHL/3, paras. 1-18). The Commission has received threats of being defunded or abolished and has been vilified in the media as a hindrance to the implementation of government policies. When commissioners travel for work purposes they are reportedly monitored, which has affected their engagement with the United Nations. There has been no Government response to the communication of the special procedures of 2 October 2017. 85. The Commissioner’s former Chairperson, Ms. Leila M. de Lima, has been in prison since February 2017 on allegations of drug-related charges. In March 2018 it was reported that Ms. De Lima had not been arraigned in any of the three most serious drug-related cases for which she was charged. On 27 March 2017, six special procedures mandate holders raised concerns that her arrest may be “politically motivated” (PHL 5/2017). In addition to her arrest and detention, Ms. De Lima has been subject to intimidation, threats and judicial harassment in connection with her criticism of government policies surrounding the war on drugs, such as the extrajudicial killings of suspected criminals and drug users and President Duterte’s proposal to reinstate the death penalty, including when she was Chair of the Commission. 15 32 ILO, Supplementary Understanding between the Government of Myanmar and ILO, 2007. GE.18-13325

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