A/HRC/39/CRP.2 Tatmadaw has consistently violated the fundamental tenets of international humanitarian law.2839 1284. There is no indication that the “clearance operations” were, in any way, necessary to address a concrete military threat posed by ARSA or were proportionate. No military or security objective could ever justify the complete dismissal of a group’s basic human rights, including the non-derogable rights to life and physical and mental integrity. The widespread burning and destruction of houses, mosques, and madrassas, all civilian property, also violate international humanitarian law. 1285. There can never be a necessity to engage in mass killings, including of women and children; in rape and sexual violence on a massive scale; in the specific targeting of children; or in the large-scale and deliberate looting and destruction of complete villages across three townships. The conduct exhibited by the Tatmadaw and other security forces, with the support of local ethnic Rakhine, resulted in violations of international humanitarian law at shocking levels. 1286. ARSA is also bound by international humanitarian law, which it has violated. For example, the burning of the Rakhine village of Ah Htet Pyu Ma would in all likelihood be a violation of the principle of distinction and proportionality. VI. Emblematic situation 3: Democratic space and the exercise of fundamental freedoms 1287. Since 2011, there has been a remarkable opening up of democratic space in Myanmar compared with the preceding 50 years, including a more open environment for people to express themselves and to participate in protests, a freer media environment, and increased access to and freedom for Internet users, including through social media.2840 For example, the release of prisoners of conscience has been highlighted as one of the main achievements of the Myanmar government since 2011, benefitting thousands of prisoners. 2841 1288. However, while Myanmar has made significant strides, challenges and negative trends have emerged too, especially since 2015. The democratic transformation of the country remains in its early stages. Indeed it has barely begun with the military maintaining a dominating role in politics. Observers reported increased restrictions on the rights to freedom of expression, association and peaceful assembly; continuing arrest and detention of individuals in relation to the exercise of these rights; and an increasing intimidation, monitoring and surveillance of human rights defenders.2842 Despite the release of many political prisoners, their number was still reported as “alarmingly high”. 2843 1289. The Mission focused its examination of the issue on two related trends: the apparent discomfort of the Myanmar authorities with scrutiny and criticism, resulting in the active silencing of critical voices, and the authorities’ inadequate response to, and fuelling of, “hate speech”. A. Silencing of critical voices 1290. The Mission observed at least three aspects of a broader trend to deliberately silence critical voices, negatively affecting democratic space: the continued use of a range of domestic laws criminalising the peaceful exercise of fundamental freedoms; the intimidation of and reprisals against individuals for their (perceived) engagement with the United Nations and other international actors; and the curtailment of peaceful protests. 2839 2840 2841 2842 2843 As explained in chapter II, section C: Legal framework, the Mission considers the situation in Rakhine State to amount to a non-international armed conflict since at least August 2017. E.g. A/HRC/22/58, paras. 15, 24; A/HRC/28/72, para. 4; A/HRC/31/71, para. 18. See A/HRC/22/58, para. 6; A/HRC/25/64, para. 4; A/HRC/31/71, para. 28. E.g. A/HRC/28/72, para. 8. E.g. A/HRC/22/58, para. 7; A/HRC/28/72, para. 15; A/HRC/31/71, para. 28. 315