A/HRC/28/72
of an assembly or procession. 7 It allows restrictions to be placed on the assembly or
procession, even though the law does not set out the precise rules governing the granting of
consent, or the imposition of restrictions. Articles 10 to 12 of the law impose detailed
restrictions on the actual conduct of the event, including what can be said, chanted and
carried, and how participants can behave. Any breach of those rules revokes consent for the
event. The Special Rapporteur was informed of several instances in which protests were
permitted but the proposed site of the protest was not authorized. Instead, the protest was
directed to take place in a location that was remote and not in public sight. When protesters
proceeded to voice their concerns in more public locations, they were arrested. The Special
Rapporteur is concerned to note continuing examples of harsh application of the law against
anti-government protests, while those voicing support for government policies are not
subjected to similar restrictions or sanctions.
14.
In order for the Law on the Right to Peaceful Assembly and Peaceful Procession to
be consistent with international standards, the Special Rapporteur recommends that the
prior authorization system for peaceful assemblies be replaced with a system of voluntary
notification. The broad range of restrictions on the rights to peaceful assembly and freedom
of expression that go beyond the permissible restrictions laid down in international law
should also be removed. Further, decisions by the authorities to refuse consent for a
peaceful assembly to take place should be subject to a right to appeal to an independent and
impartial body. Under article 18 of the Peaceful Assembly Law, a person found guilty of
conducting a peaceful assembly or procession without consent is subject to a maximum of
six months’ imprisonment or a fine of 10,000 kyats, or both. Prison terms are also provided
in articles 17 and 19. Criminal sanctions against persons exercising their rights to peaceful
assembly and freedom of expression, including the provisions on imprisonment, are
inconsistent with international human rights standards.
15.
At the end of 2014, official figures indicated that 27 political prisoners remained in
prison. However, the Special Rapporteur has received information that the actual number
could be much higher. In addition, she was informed during her visit that over 78 farmers
were serving prison sentences for trespassing after their land was confiscated and over 200
activists were awaiting trial outside prison. The numbers remain alarmingly high, and the
Special Rapporteur is concerned that earlier commitments that there would be no more
political prisoners held in Myanmar have not been met.
16.
At the end of 2014, the previously constituted Prisoner Review Committee was
discontinued and replaced by the 28-member Prisoners of Conscience Affairs Committee,
chaired by the Deputy Home Affairs Minister, Brigadier General Kyaw Kyaw Tun. The
previous Committee had only met three times during 2014 and did not issue any public
reports. The Special Rapporteur has concerns that certain civil society representatives have
been left out of the new Committee, and urges the Government to ensure that the new
Committee is effective and properly empowered to end the arrest and detention of those
exercising their human rights, including their rights to freedom of expression and peaceful
assembly. To that end, the Special Rapporteur recommends that the Committee be given
clear terms of reference, schedule regular meetings and have unrestricted access to all
places of detention with full authority to question State officials. Its work should also be
transparent, including through the regular issuance of public reports.
17.
During her visit, the Special Rapporteur met with prisoners who were serving
sentences under article 18 of the Law on the Right to Peaceful Assembly and Peaceful
7
6
Article 4 of the Law on the Right to Peaceful Assembly and Peaceful Procession states that “the
citizens or organizations that want to exercise the right to peaceful assembly and peaceful
procession and express themselves must apply for consent at least five days in advance”.
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