On CCTV systems and human rights Back to contents 65 in this report suggests that it is not consistent with the three-part test, particularly given the increasingly brutal crackdown against pushback, critique, and political speech in the country. Right to freedom of peaceful assembly The right to freedom of peaceful assembly is guaranteed in Article 20 para 1 of the UDHR and given force in Article 21 of the ICCPR, Article 5(d) of the International Convention on the Elimination of All Forms of Racial Discrimination and in regional treaties. Under these standards, requirements for a permissible restriction must comply with the same three-part test as for the restrictions on the right to freedom of expression and privacy. The UN Special Rapporteur on the rights to freedom of peaceful assembly and of association stated: “The use of surveillance techniques for the indiscriminate and untargeted surveillance of those exercising their right to peaceful assembly and association, in both physical and digital spaces, should be prohibited. Surveillance against individuals exercising their rights of peaceful assembly and association can only be conducted on a targeted basis, where there is a reasonable suspicion that they are engaging in or planning to engage in serious criminal offences, and under the very strictest rules, operating on principles of necessity and proportionality and providing for close judicial supervision.”128 As evidenced through the findings of this report, Myanmar’s current approach towards CCTV installation and use does not reflect this narrowly constructed view of surveillance and, to the contrary, perpetuates the idea of mass surveillance with a disproportionate impact on historically disadvantaged groups.

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