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