Conclusion and Recommendations
The network disruptions we have described in this white paper are historically notable in their
scope and duration, and their devastating impact on our interviewees and others in their
communities have been severe. If we revisit the three-part test set out under ICCPR s.19(3) and
explicated above, it becomes immediately clear that both of these internet shutdowns violate
international human rights standards. The test requires that shutdowns have a legal basis, a
legitimate aim, and be proportionate to that aim in their impact on human rights.
While the laws of Bangladesh and Myanmar may permit such interruptions of communications
technology, they are broadly worded permitting the authorities tremendous amount of discretion.
However, even if the first requirement of legality is met, the case of the shutdowns falls apart on
the second and third factors. Myanmar has justified the internet shutdown it has imposed in the
eight townships in Rakhine and Chin states by citing “disturbances” and “the use of the internet
to coordinate illegal activities”, without additional specificity. If this were a sufficient reason to
suspend people’s access to communications networks, literally every government, at every level,
around the world, would have reason to do so, as periodic disturbances and illegal acts are part of
human life.
Furthermore, as we have illustrated in the foregoing section, even were the Myanmar
government’s aim legitimate, the effects of the shutdown it has imposed have been gravely
disproportionate to the justification it has offered. The rights of education, health, free expression
and access to information, and security, among others, have been repeatedly violated. The
restoration of 2G services is woefully inadequate, as our interviews demonstrated; at the current
level of service, many voice calls, not to mention other services, are inaccessible. For these reasons,
the internet shutdown in Myanmar should be lifted, and 3G and 4G service restored to the
affected area, immediately. Our findings about the significant consequences of the shutdown
on individuals’ ability to access news sources and increased exposure to disinformation only
serve to underline this urgent call.
We welcome the Bangladesh government’s decision to restore internet services to the
refugee camps, following significant international pressure. However, recent weeks have seen
significant unrest in Cox’s Bazar and the surrounding camps, as concerns about smuggling of the
drug Yaba proliferate there as elsewhere in Asia. Since the original shutdown order followed
widespread demonstrations in the camps, we caution Bangladesh against again resorting to
the blunt, and human rights violating, instrument of a general internet shutdown to combat
these more recent clashes in the camps.
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