Curtailing Free Expression, Opinion and Information Online in Southeast Asia measure which breached the government’s obligation to employ the least restrictive means to achieve an aim of national security and public order.556 Even if the government had provided sufficient national security or public order justifications, however, the blanket shutdown of the internet in Rakhine and Chin states would have still contravened the rights to free expression and information and other rights, including the rights to assembly, association, education, health and work. Humanitarian organizations working in the region reported having difficulties in coordinating humanitarian and relief efforts without internet access, human rights organizations highlighted that monitoring of rights abuses had been crucially restricted, even as armed conflict had intensified during the period of the shutdown, and local lawmakers stated that they were unable to receive updates or information from people in their townships.557 The UN Special Rapporteur on the human rights situation in Myanmar expressed concern that the shutdown could allow for the military to commit violations against civilians and “do whatever they want under the name of national security”.558 A Member of Parliament from Rakhine State reiterated this concern, stating that the shutdown “destroys the rule of law and security”.559 As of September 2019, the shutdown had been partially lifted.560 Philippines, Vietnam and Indonesia In the Philippines, Vietnam and Indonesia, legal regulations were not clearly provided for internet shutdowns in the countries – in violation of the requirements of legitimacy, necessity and proportionality for executive measures. While the shutdowns were purportedly advanced to ensure public order, in all the cases below, State authorities failed to provide sufficient evidence, legal justifications or redress or accountability mechanisms to ensure that the fundamental rights and freedoms of individuals would be respected amidst an internet shutdown. 556 Article 19, ‘Briefing Paper: Myanmar’s Internet Shutdown in Rakhine and Chin States’, 2 August 2019, Available at: https://www.article19.org/wp-content/uploads/2019/08/2019.08.01-MyanmarInternet-Shutdown-briefing-.pdf 557 HRW, 28 June 2019; Reuters, 22 June 2019; NY Times, 2 July 2019; Joint statement on the internet shutdown in Rakhine and Chin States by digital rights organisations and other civil society organisations, Association for Progressive Communications, June 2019, Available at: https:// www.apc.org/en/pubs/joint-statement-internet-shutdown-rakhine-and-chin-states-digital-rightsorganisations-and 558 Al Jazeera, ‘US joins calls for Myanmar to end internet shutdown’, 30 June 2019, Available at: https://www.aljazeera.com/news/2019/06/joins-calls-myanmar-internetshutdown-190629181233538.html 559 NY Times, 2 July 2019. 560 Sam Aung Moon, ‘Myanmar partially lifts internet shutdown in conflict-torn Rakhine, Chin states’, Reuters, 1 September 2019, Available at: https://www.reuters.com/article/us-myanmar-rakhine/ myanmar-partially-lifts-internet-shutdown-in-conflict-torn-rakhine-chin-states-idUSKCN1VM13J 141

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