On CCTV systems and human rights
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in this report suggests that it is not consistent with the three-part test,
particularly given the increasingly brutal crackdown against pushback,
critique, and political speech in the country.
Right to freedom of peaceful
assembly
The right to freedom of peaceful assembly is guaranteed in Article 20
para 1 of the UDHR and given force in Article 21 of the ICCPR, Article 5(d)
of the International Convention on the Elimination of All Forms of Racial
Discrimination and in regional treaties. Under these standards, requirements
for a permissible restriction must comply with the same three-part test as for
the restrictions on the right to freedom of expression and privacy.
The UN Special Rapporteur on the rights to freedom of peaceful assembly
and of association stated:
“The use of surveillance techniques for the indiscriminate and
untargeted surveillance of those exercising their right to peaceful
assembly and association, in both physical and digital spaces, should
be prohibited. Surveillance against individuals exercising their
rights of peaceful assembly and association can only be conducted
on a targeted basis, where there is a reasonable suspicion that they
are engaging in or planning to engage in serious criminal offences, and
under the very strictest rules, operating on principles of necessity and
proportionality and providing for close judicial supervision.”128
As evidenced through the findings of this report, Myanmar’s current
approach towards CCTV installation and use does not reflect this
narrowly constructed view of surveillance and, to the contrary,
perpetuates the idea of mass surveillance with a disproportionate impact
on historically disadvantaged groups.