Myanmar's new law allowing peaceful protests "trumps" people's basic rights, advocacy group says
BANGKOK (TrustLaw) – A new law on the right to peaceful assembly in Myanmar “falls far short of international standards” and certain provisions should be repealed by parliament, advocacy group Human Rights Watch (HRW) said in a statement.
Myanmar’s nominally civilian government came to power a year ago after half a century of iron-fisted military rule and has embarked on a series of reforms, from relaxing media censorship to engaging with Nobel laureate Aung San Suu Kyi who previously spent years under house arrest.
“Burma’s new law … rejects the previous ban on demonstrations, but still allows the government to trump the Burmese people’s basic rights,” the advocacy group’s Asia director Brad Adams said.
HRW said the law gives authorities in Myanmar – also known as Burma – too much control over the right to demonstrate.
For example, holding an assembly without police permission can result in a one-year prison sentence.
Even if permission is granted, there may be criminal penalties of up to six months in prison for offenses that are “articulated in vague and uncertain terms”, HRW said.
These include giving speeches that contain false information, saying anything that could hurt the state and union, or doing anything that causes fear, a disturbance or blocks roads, vehicles or the public.
President Thein Sein signed the law in December, but it will not come into force until ministerial regulations are drafted on points where the law is unclear.
HISTORY OF REPRESSION
Myanmar has a long history of repressing peaceful protest. Activists say security forces have killed thousands of protestors, including during a failed 1988 student uprising and in 2007 when monks led a series of protests.
“There is a lot of excitement about changes in Burma these days, but the government shouldn’t be given credit for allowing some freedom just because none existed before,” Adams said.
“Instead, it should be pressed to make sure its laws meet international standards,” he added.
HRW is calling for parliament to reopen a debate on the law and make amendments to it.
The advocacy group said the home affairs ministry should consult with relevant international organisations to draft guidelines that would mitigate the harsh effects of the law.
It added that the regulations should, among other things, provide guidance on the criteria for granting a permit and clearly define terms such as “frighten” or “disturb” the public, or “hurt the state”.
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