A/HRC/39/CRP.2
undermining freedom of expression and access to information but also deterring the
protection and promotion of human rights.
2.
Intimidation and reprisal for engagement with the United Nations
1297. There have been numerous allegations of intimidation and reprisals against
individuals who have engaged with United Nations officials in the country or abroad,
including the Special Rapporteur on the situation of human rights in Myanmar during her
visits to the country. The Special Rapporteur and other mandate holders, as well as the United
Nations Secretary-General, have raised concern about such allegations.2860 The Human
Rights Council emphasized in its resolution 34/22 on the human rights situation in Myanmar
that no one should face reprisals, monitoring, surveillance, threats, harassment or
intimidation for cooperating or speaking with special procedures, including the Special
Rapporteur, the Fact-Finding Mission or the United Nations.
1298. The Mission received many reports of such intimidation or reprisals for actual or
perceived engagement with the United Nations or other international actors, including
members of the diplomatic community. For example, the Mission corroborated an incident
in Koe Tan Kauk Village Tract, Rathedaung Township, Rakhine State, in November 2016,
following a high-level visit including the then United Nations Resident Coordinator and
several ambassadors. During the visit, Rohingya villagers shared information about their
situation with the delegation.2861 Officials took photos and videos of persons interacting with
the delegation.2862 A few days later, security forces came to the village, rounding up men and
boys, subjecting them to ill-treatment and verbal abuse. One of the security officers filmed
the incident, footage that was later circulated on the Internet.2863 While the women and
children were abused for a few hours, the men and boys were detained for two days. In the
course of their ill-treatment, references to the United Nations were made, asking villagers
why they explained their problems to the United Nations2864, or accusing them of “eating food
provided by UNHCR or WFP”.2865 A number of men were subsequently taken to Sittwe
prison.2866 The Mission received credible information suggesting that one detainee may have
been killed while in custody.2867 After the video entered the public domain, the Government
issued a public statement claiming that a police operation had been launched in relation to an
ARSA attack, the perpetrators of which were supposedly hiding in Koe Tan Kauk. However,
it was also acknowledged that the security forces were looking for a man who “distributed
documents and placards enclosing fake information to villagers while a team of foreign
diplomats arrived in this village”.2868 The Mission is satisfied that this incident is linked to
the visit of foreign dignitaries and constitutes a reprisal. 2869
1299. Numerous interlocutors of the Mission expressed fear that their possible engagement
or sharing of information with the Mission might lead to intimidation, harassment and other
forms of reprisals from the Myanmar government and security forces. Civil society actors
and human rights defenders in particular spoke of the constant threat of punishment for the
exercise of their rights and for being in contact with United Nations officials. The Mission
2860
2861
2862
2863
2864
2865
2866
2867
2868
2869
E.g. A/HRC/34/75, para. 10; A/HRC/36/31, paras. 43-45.
EI-070, QI-113, XI-001.
CI-116, CI-118, CI-119.
BBC News, “Myanmar police officers detained over Rohingya beatings video”, 2 January 2017
(https://www.youtube.com/watch?v=vJLAZKTPQgE).
XI-001.
RI-003.
CI-116, CI-118, CI-119, CI-179, XI-001.
CI-116, CI-118, CI-119, XI-001.
Information Committee, “Press Release on a video clip which members of Police Forces took during
area clearance operation in Kotankauk Village, Maungdaw”, 2 January 2017
(https://www.facebook.com/InfomationCommittee/posts/663761827130260).
Several of the Mission’s interlocutors stated that the incident took place in relation to a visit of the
UN Special Rapporteur on the human rights situation in Myanmar, Yanghee Lee. The Mission
believes that these individuals witnessed the same incident, but confused the United Nations officials
visiting.
319
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