A/HRC/48/28
19.
Myanmar
77.
Multiple UN actors, including the Special Rapporteur on the human rights situation
in Myanmar, received information about pro-democracy activists and human rights defenders
that faced reprisals for reporting violations to the UN after the military takeover of 1 February
2021, in the context of their documentation and advocacy of the conflict. OHCHR received
reports alleging that Myanmar security forces targeted individuals involved in opposition
movements during public civil disobedience demonstrations and for online activism, many
of whom have been subjected to arbitrary arrest and detention, prosecution, as well as illtreatment, harassment and intimidation (see also MMR 1/2021).51
78.
The Tatmadaw has reportedly used defamation charges in an attempt to silence those
speaking out, including those providing information to the UN and other international
organizations. Some individuals reported to OHCHR that they have declined to provide
information to the UN or give consent to have their case addressed by UN entities due to the
risks involved. Others have fled their homes, went into hiding or sought asylum outside of
Myanmar. Names and further details are withheld due to fear of further reprisals.
79.
In its March 2021 resolution, the Human Rights Council “Call[ed] for immediate, full,
unrestricted and unmonitored access for all United Nations mandate holders and human rights
mechanisms, including the Independent Investigative Mechanism for Myanmar, the Special
Rapporteur on the situation of human rights in Myanmar, the Special Envoy of the SecretaryGeneral on Myanmar, the Office of the United Nations High Commissioner for Human
Rights and relevant United Nations agencies and international and regional courts, tribunals
and human rights bodies to independently monitor the situation of human rights, 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” (A/HRC/RES/46/21, para. 25).
20.
Nicaragua
80.
It was reported to OHCHR by civil society organizations that the application of Law
140 on the Regulation of Foreign Agents, adopted in October 2020, is affecting their ability
and willingness to cooperate with the UN, including through the receipt of technical
assistance and/or funding for service provision, research, reporting and advocacy. The
Foreign Agent Law foresees the cancellation of the legal registration of organizations
obtaining foreign funds “for activities interfering in the internal affairs of Nicaragua,
threatening its independence, self-determination, sovereignty and economic and political
stability”. It also makes registration mandatory with the Ministry of the Interior, imposes the
duty to inform authorities in detail about foreign funds obtained, and prohibits anonymous
donations. OHCHR has expressed concern about these provisions of the law and offered
technical assistance to ensure its alignment with international human rights norms and
standards, to no avail (A/HRC/46/21, paras. 19–20). Special procedure mandate holders have
also expressed concern about the Law (OL NIC 3/2020).
81.
The High Commissioner for Human Rights, at the 44th and 45th sessions of the
Human Rights Council52 and in her 2021 report on Nicaragua (A/HRC/46/21, paras. 13–20),
noted increasing restrictions on the work of civil society organizations and harassment and
threats against their representatives. The High Commissioner noted that this includes three
men and four women who were subject to reprisals for cooperation with the UN (para. 16;
see also Annex II).
82.
In March 2021, the Human Rights Council adopted resolution A/HRC/RES/46/2 on
the promotion and protection of human rights in Nicaragua “condemning all acts of
intimidation and reprisal, both online and offline, by State and non-State actors against
51
52
36
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