RECOMMENDATIONS
To Myanmar’s future legitimate government:
•
Consult on, create, and, when in power, implement media freedom legislation,
policies, and plans to protect the rights to freedom of expression, assembly, and
association. This should include specific, measurable, reform targets covering
special media laws, general criminal laws frequently used against journalists
and the media, and the judicial process itself, and include an unqualified
commitment to international human rights standards and best practices.
•
Nullify - not repeal - the military’s unlawful “amendments” and nullify - not
pardon - all military convictions of journalists. Nullification in law means
that the military’s “amendments” or convictions should be treated as though
they were unlawful and never existed.70
•
Independently investigate and adequately remedy journalists’ claims of
human rights violations, including torture. This should include adequate
compensation and ongoing support for those affected. The military and its
representatives, including police, prosecutors, judges, and prison authorities
should be held accountable.
To the United Nations and its mechanisms:
•
Prioritize Myanmar, applying the same political prioritization and resources
as applied to other countries. This should include increased strategic,
technical, and financial support for a comprehensive and multi-pronged
program on media freedom and the safety of journalists, better utilizing the
UN Plan of Action as a framework, and based on stakeholder consultations.
•
Ensure that the United Nations Country Team respects the wishes of the
Myanmar people as voiced through their legitimately elected representatives,
by better promoting human rights, including media freedom, and ensuring
proper due diligence on projects, including independent evaluations of the
success of all engagement with the military. This should include proper
integration of the Human Rights Up Front initiative, and building upon
previous recommendations to the UN in Myanmar, such as those in the
Rosenthal Report.
•
Continue the strong leadership of the UN Special Rapporteur for Myanmar
while considering broadening the diversity of interventions to include
thematic expertise from other Special Procedures.
70 To nullify means that the legal provision (or conviction) never existed and therefore neither did any defined rights, responsibilities,
or offenses included within. Nullification therefore means that what the military did was illegitimate and unlawful at the time.
“Repealing” and “pardoning” are the opposite in that they legitimize the lawfulness of the original provision or conviction, but say
that it no longer exists or is no longer enforceable.
Assessing Detentions of Journalists in Myanmar, Feb. 2021 to Feb. 2025
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