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