Discrimination and incitement 22. 34 countries:91 “Address discrimination, incitement and ‘hate speech’” – No implementation. No change. 23. Since 2015, the State has not made any significant attempt to counter incitement to discrimination, hostility or violence. The proposed Protection Against Hate Speech Bill, which included vague and overly broad definitions of “hate speech” that would interfere with FoEI, but did not include provisions for promoting tolerance of diversity and pluralism, remains in opaque limbo.92 The State established the Rakhine Commission, led by Kofi Annan, to investigate allegations of atrocities in Rakhine State. FEM welcomed the Commission’s recommendations specific to media freedom, right to information, and incitement, but none of these have yet been implemented.93 The State has however issued a “hate speech” directive just before a reporting deadline given by the International Court of Justice.94 The directive includes vague and overly broad definitions of “hate speech” as well as vague obligations which could be misused by officials to protect powerful groups from criticism, rather than protect minorities with protected characteristics, and therefore serves to interfere in FoEI.95 24. FEM has campaigned for the State to implement the UN Rabat Plan of Action in order to address discrimination and incitement.96 However, the State has not created the recommended substantive, systematic, and multi-sectoral programmes to encourage tolerance of diversity.97 Political leaders, the education sector, and the State-controlled media have at best made limited and arbitrary attempts to encourage some minority customs.98 At the same time, the State has sometimes perpetuated a nationalist public narrative according to which only State-selected minority customs and groups merit recognition, and that all others are a conspiracy to undermine symbols of the State or to secede.99 25. 11 countries:100 “Address gender-based violence and discrimination” – No implementation. No change. Women HRDs and journalists still face significant gender-based violence in reprisal for exercising their right to FoEI on on taboo topics that challenge patriarchal power.101 These taboo topics include: campaigning for the rights of lesbians, bisexuals, and transgender people; challenging sexual violence in conflict; promoting sexual and reproductive rights; and advocating for women’s participation and leadership.102 Gender-based violence in reprisal for exercising FoEI is common and includes attacks on life, bodily and mental integrity, personhood and reputations, and privacy.103 Attacks come from all parts of the government and security services, as well as from community and family.104 The proposed Law on the Prevention of Violence Against Women, developed in March 2013, remains in opaque limbo. Recommendations to the State 26. Ratify the ICCPR and its Optional Protocols. 27. Cooperate fully with the new Special Rapporteur for Myanmar. 28. Amend the Constitution to protect the right to FoEI in accordance with international human rights standards, and prohibit prior censorship. www.FreeExpressionMyanmar.org – www.facebook.com/FreeExpressionMyanmar - coordinator@FreeExpressionMyanmar.org - page 6