16 A NATION LEFT BEHIND The UN Committee on Economic, Social and Cultural Rights emphasizes “information accessibility,” obligating the state to ensure that people have access to health-related information. Myanmar ratified the International Covenant on Economic, Social and Cultural Rights in 2017. Such information “accessibility includes the right to seek, receive and impart information and ideas.”48 In addition, the expression “causing panic” is overly vague and “violates the requirement under international law that laws restricting speech be narrowed down and sufficiently clear to enable people to know what speech is prohibited,” according to HRW.49 The provision must be interpreted within the wider context of the decline of freedom of expression in Myanmar where, according to local organization Athan, laws including the Telecommunications Law, Peaceful Assembly and Peaceful Procession Law, sections of the Penal Code, and most recently, the Counter-Terrorism Law have been used against 1,051 individuals in 539 lawsuits in the past four years under the NLD government to persecute and silence journalists, activists and others that are perceived as being critical of the government and the military.50 If enacted, this law would serve as another potential tool to further crack down on and silence critics. As stated by several experts, including the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, “Any attempts to criminalise information relating to the pandemic may create distrust in institutional information, delay access to reliable information and have a chilling effect on freedom of expression.”51 48 UN Committee on Economic, Social and Cultural Rights. General Comment No. 14: The Right to the Highest Attainable Standard of Health (Art. 12). UN Doc. E/C.12/2000/4 (2000). Available at: https://digitallibrary.un.org/ record/425041?ln=en 49 Human Rights Watch. “Statement attributable to Phil Robertson, Deputy Asia Director, Human Rights Watch on Myanmar’s draft law on Prevention and Control of Communicable Diseases.” 21 May 2020. Available at: https://www. facebook.com/hrwburma/posts/2692350457757450 50 Athan. “Analysis on Freedom of Expression Situation in Four Years under the Current Regime.” 2 May 2020. Available at: https://www.athanmyanmar.org/analysis-on-freedom-of-expression-situation-in-four-years-under-the-currentregime/ 51 UN OHCHR. “Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression.” Available at: https://www.ohchr.org/en/issues/freedomopinion/pages/opinionindex.aspx

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