HRC 46- EU Intervention: Interactive Dialogue with the Special Rapporteur on Myanmar

Madam President,

The European Union would like to thank the Special Rapporteur for his written report

The EU attaches critical importance to this mandate and we would like to acknowledge the efforts to document the human rights situation before and after the military coup on 1 February.

The European Union condemns in the strongest terms the military coup in Myanmar and all violations of human rights, which have pushed Myanmar’s democratic transition backwards several years. The European Union stands with the brave people of Myanmar, who are defending their democracy. Since the coup, the Myanmar military has increased its brutal repression of peaceful protests across the country, leaving many protestors dead or wounded. In shooting against unarmed citizens, the security forces have shown a blatant disregard for international law, and must be held to account. Violence will not give legitimacy to the illegal over-throwing of the elected civilian Government. The military authorities must immediately stop the use of force against civilians and allow the population to express their right to freedom of expression, association and assembly as well as access to information.

The EU calls on the military authorities to immediately end the state of emergency, restore the elected civilian government and allow the newly elected parliament to open with the participation of all elected representatives. We call for the immediate and unconditional release of President Win Myint, State Counsellor Aung San Suu Kyi, and all those who have been arbitrarily detained, charged or arrested during and in the aftermath of 1 February 2021, on specious grounds, including government officials and politicians, human rights defenders, journalists, civil society members, medical staff, academics, teachers, local and foreign advisers. We also call for engagement in a peaceful dialogue among all stakeholders aimed at restoring democratic governance.

We welcome the strong statements of the Secretary-General, including at the opening of the 46th Human Rights Council session, the High Commissioner for Human Rights, the Special Rapporteur and the Secretary-General’s Special Envoy.

We reiterate our support to the mandate of the Independent Investigative Mechanism for Myanmar to collect evidence and build criminal case files wherever they see indications of serious international crimes or violations of international law. In this regard, we take note of the assessment of the IIMM that the acts committed since 1 February may amount to serious human rights violations as well as crimes against humanity when committed as part of a widespread or systematic attack on a civilian population, including the alleged use of excessive force against peaceful protestors resulting in killings and injuries, arbitrary arrests and enforced disappearances. We will not forget the past grave violations of international law and the ongoing discrimination and violence against ethnic and religious minorities, including the Rohingya.

The EU calls on Myanmar to fully implement the provisional measures following the International Court of Justice’s order in the case lodged by The Gambia against Myanmar on the application of the Genocide Convention, as is compulsory under international law. The EU also takes note of the International Criminal Court’s authorization of the Prosecutor to investigate alleged crimes within the Court's jurisdiction.

In response to the military coup, the European Union stands ready to adopt restrictive measures targeting those directly responsible, while avoiding measures which could adversely affect the people of Myanmar, especially the most vulnerable. We will keep all other policy options under review in order to ensure that the legitimate civilian authorities are restored and that Myanmar is brought back on to a path towards democracy.

Mr. Special Rapporteur,

Would you please elaborate further on the patterns of restrictions on the freedom of expression and the press, including the internet outage, banning many independent media, arrests of journalists while covering developments, curfews and reports of intimidation and harassment?

Thank you.