ranking military and civilian authorities have made statements denying the existence of the Rohingya as a distinct ethnic group, instead using the term ‘Muslims from Rakhine State’, or ‘Bengalis’.100 54. Advocacy of discriminatory hatred is not limited to attacks against Rohingya. Ethnic and religious minorities, women, LGBT+ persons, as well as human rights defenders and journalists acting on their behalf have all experienced increases in hateful attacks, particularly online.101 55. The Government or Myanmar’s proposed approach to the problem hinges on deeply flawed legislation which does not respect the rights to freedom of opinion and expression, freedom of religion or belief, and the right to equality and non-discrimination. A series of proposed laws rely primarily on criminal measures to curtail speech, rather than the positive policy measures called for in Human Rights Council Resolution 16/18 and the Rabat Plan of Action.102 56. As noted above, authorities have frequently used broad criminal provisions to target those criticizing the military or government. At the same time, authorities have failed to thoroughly investigate those most responsible for disseminating hateful statements against ethnic minorities, including ultranationalist monk Wirathu whose preaching tours were linked by the UN Fact-Finding Mission to attacks against Muslims.103 Wirathu now faces prosecution not in relation to anti-Muslim rhetoric, but instead for comments critical of the ruling party. This practice raises concerns that the proposed legislation would not be used to target speech that should be prohibited under international law but rather legitimate criticism of the authorities. 57. Recommendations: • Adopt a national action plan to address the problems of hatred and intolerance, including through measures set out in Human Rights Council Resolution 16/18 and the Rabat Plan of Action. • Refrain from adopting any legislative measures to combat hate speech that do not comply with international standards. • Ensure that public officials at all levels immediately refrain from perpetuating hateful narratives and instead promote the official condemnation of all intolerance, discrimination and violence directed at the Rohingya and other ethnic and religious minorities in Myanmar. Digital Rights 58. During the last UPR, the Government of Myanmar noted a recommendation calling for any new laws affecting the Internet to be in line with international standards. 104 However, measures taken since the 2015 UPR show that this has not been followed. 59. On 20 June 2019, the Ministry of Transport and Communications ordered all telecommunications operators to restrict mobile internet services in nine townships in Rakhine State and Chin State, pursuant to section 77 of the Telecommunications Act.105 Section 77 empowers the Ministry to order telecommunications providers to halt services in ‘emergency situations’. 106 The restrictions were lifted in Maungdaw township in May 2020, but remain in effect in the eight other townships.107 them?’’, Independent, 11 September 2017, available at: https://www.independent.co.uk/news/world/asia/rohingya-muslimmyanmar-latest-aung-san-suu-kyi-ethnic-cleansing-news-colonel-rape-a7941556.html. 100Poppy McPherson and Thu Thu Aung, ‘Myanmar religion minister says Rohingya 'brainwashed' to 'march' on the country’, Reuters, 4 December 2018, https://www.reuters.com/article/us-myanmar-rohingya-idUSKBN1O31AX. 101 See, e.g. monitoring by Real or Not, available at: https://www.realornotmm.info/?fbclid=IwAR2k8MLtJCDY0tjwY1ttlCdPWB4eFPdKqENwxfp3VuJjf5YWKsj1s5EzJ_w. 102 ARTICLE 19, ‘Myanmar Briefing Paper: Countering “Hate Speech”,’ 4 February 2020, available at: https://www.article19.org/resources/myanmar-briefing-paper-countering-hate-speech/. 103 Report of the detailed findings of the Independent International Fact-Finding Mission on Myanmar, UN Doc A/HRC/39/CRP.2, 17 September 2018, paras 742 and 1325-1326. 104 145.32 (Latvia)(noted). 105 Telenor, ‘Network shutdown in Myanmar,’ 21 June 2019, available at: https://www.telenor.com/network-shutdown-inmyanmar-21-june-2019/. 106 ARTICLE 19, ‘The Right to Information and Natural Resources in Myanmar,’ 31 July 2019, available at: https://www.article19.org/resources/myanmar-the-right-to-information-and-natural-resources/. 107 Aung Nyein Chan, ‘Internet ban lifted in Maungdaw township’, 5 May 2020, available at: https://myanmarnow.org/en/news/internet-ban-lifted-in-maungdaw-township. 13