BRIEFING NOTES: (1) Myanmar; (2) Update Of Database Of Business Enterprises In Relation To OPT; (3) France

Spokesperson for the UN High Commissioner for Human Rights: Ravina Shamdasani

Location: Geneva

Date: 30 June 2023

Subject: (1) Myanmar

(2) Update of database of business enterprises in relation to Occupied Palestinian Territory

(3) France

1) Myanmar

Myanmar’s overall humanitarian and human rights situation has deteriorated to alarming levels, exacerbated by the military’s strategy to prevent life-saving humanitarian aid from reaching those who desperately need it, a report published today by the UN Human Rights Office shows.

Since 1 February 2021, UN Human Rights has documented how the military continues to prioritize its aims over all other considerations, including the urgent need of conflict-affected communities to receive life-saving assistance. Even when humanitarian workers have been permitted access, their ability to deliver aid has been strictly limited and controlled.

The military has operated as if those providing aid are helping those opposed to their rule, rather than respecting their need for protection and facilitating their access and assistance to the civilian population in a time of crisis.

The already dire situation on the ground has been compounded by the military’s restrictions on aid imposed in the aftermath of Cyclone Mocha in May, bringing further suffering and misery to wide swathes of the population in the west and northwest of the country.

As the report makes clear, intentional obstruction or denial of humanitarian assistance may amount to gross violations of international human rights law, and serious violations of international humanitarian law.

Aiming in part at cutting off support for its opponents, the military has employed its four-cuts strategy to kill and injure thousands of civilians while destroying goods and infrastructure necessary for survival, including food, shelter, and medical centres, the report says.

Myanmar’s human rights and humanitarian crisis is massive. An estimated 1.5 million people have been internally displaced, and approximately 60,000 civilian structures have reportedly been burnt or destroyed. Over 17.6 million people, or one-third of the overall population, require some form of humanitarian assistance.

Between February 2021 and April 2023, credible sources verified that at least 3,452 people had died at the hands of the military and its affiliates, and 21,807 individuals had been arrested.

Notably, our report says the security situation has dramatically worsened for humanitarian workers since the coup. Aid providers are consistently exposed to risks of arrest, harassment or other mistreatment, or even death.

Under international human rights law and international humanitarian law, populations-in-need are entitled to receive assistance to ensure the respect of their rights to food, shelter, and health. All parties must allow and facilitate unimpeded passage of life-saving relief to all those in need".

In the context of armed conflicts, intentional obstruction or denial of humanitarian assistance may further constitute war crimes such as wilful killing, torture and other degrading treatment, starvation, and collective punishment. Such intentional denial can also constitute crimes against humanity such as murder, extermination, torture and other inhumane acts, or persecution, when committed in the context of a widespread or systematic attack against a civilian population.

The UN Human Rights Chief will present the report to the Human Rights Council on 5 July.

To read the full report, please click here: https://www.ohchr.org/sites/default/files/documents/hrbodies/hrcouncil/sessions-regular/session53/advance-versions/A-HRC-53-52-AdvanceUneditedVersion.docx

2) Update of database of business enterprises in relation to the Occupied Palestinian Territory

We have today issued an update to the database of business enterprises involved in certain activities relating to settlements in the Occupied Palestinian Territory. Those of you who have been following this issue closely will recall that the UN Human Rights Council, in a resolution in 2016, mandated our Office to produce a database of business enterprises involved in such activities. We subsequently issued a report in 2018 on the methodology used, and then a report in 2020 containing the database itself.

The 2020 report identified 112 business entities which we had reasonable grounds to conclude were involved in one or more of the specific activities referenced in the HRC resolution. While the resolution calls for annual updating, no regular resources were provided for that purpose, limiting our ability to undertake further work. However, a number of companies continued to engage with us, seeking their removal from the database.

With limited funds, and on an exceptional basis, in July 2022, we sent each of the 112 entities a letter, informing them that we were reviewing the database, on the basis of information available to us. We invited them to provide any further relevant information on their structure, ownership or involvement with the listed activities. This process was important, in fairness to the companies that had reached out to us. We received responses from 13 enterprises, and engaged in dialogue with some companies that requested it.

Following our review, we found reasonable grounds for the removal of 15 business enterprises on the basis that they were ceasing or were no longer involved in one or more of the listed activities in the OPT.

The update was formally transmitted to the Human Rights Council President this morning and is available on our website.

We hope this serves as a tool for constructive engagement to ensure full compliance with obligations and responsibilities under international human rights law. The High Commissioner expresses hope for it to become a tool that could be used in other country contexts too.

3) France

In response to press queries

We are concerned by the killing of a 17-year-old of North African descent by police in France on Tuesday. We note that an investigation has been launched into alleged voluntary homicide. This is a moment for the country to seriously address the deep issues of racism and discrimination in law enforcement.

We also emphasize the importance of peaceful assembly. We call on the authorities to ensure use of force by police to address violent elements in demonstrations always respects the principles of legality, necessity, proportionality, non-discrimination, precaution and accountability. Any allegations of disproportionate use of force must be swiftly investigated.

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