A/HRC/19/67
unions and providing the right to strike. ILO provided assistance in drafting the Law. While
welcoming this development, the Special Rapporteur notes that, under section 38 of the
Law, workers in the public sector must provide notice to strike (including date, place,
number of participants, manner and time) 14 days in advance; under section 39 of the Law,
workers in the private sector must provide notice three days in advance. Section 50 of the
Law prohibits demonstrations within 500 yards of hospitals, schools, religious buildings,
airports, railways, bus terminals, ports or diplomatic missions and military or police
installations. He also notes reports that applications to form unions were recently rejected
by the Ministry of Labour on the grounds that the President had yet to sign a notification
required for the Law to enter into force and a Chief Registrar had not been appointed. The
Special Rapporteur was informed by the Deputy Minister for Labour that the necessary
implementing regulations and procedures had been sent to the Cabinet. These required
approval by Parliament and the President before the Law entered into force. He was also
informed that training workshops were being organized on the Law and on freedom of
association more generally. The Special Rapporteur encourages the Government to seek
training and other technical assistance from the international community, in particular ILO,
to ensure that implementation of the law is consistent with the right to freedom of
association and international labour standards.
39.
On 2 December, the President formally approved the Peaceful Demonstration and
Gathering Law, which would allow peaceful protests subject to certain conditions. While
considering the Law a generally positive development, the Special Rapporteur notes that
such conditions may result in disproportionate restrictions; for instance, the Law requires
information on the time, place and reason for the demonstration to be provided to the
authorities in advance, as well as details about speakers and the slogans that will be used.
The Law also prohibits protests at factories, hospitals and Government offices, and
provides for a penalty of a year of imprisonment if a protest is staged without permission. It
remains unclear how this Law will be applied in the future.
40.
The right to freedom of opinion and expression is linked to the role of the media.
The 10-point reform agenda outlined by the President to Parliament included amending
some journalism laws in accordance with the Constitution. Measures have been introduced
to lift or relax restrictions on the media and the Internet. Censorship rules for a number of
publications and journals have been eased. There has also been greater access for foreign
journalists. In September 2011, the Government lifted a ban on some foreign news
websites. In October, the Director of the Press Scrutiny and Registration Division, the
Government censorship body, publicly stated that media censorship was not consistent with
democratic values and should be abolished “in the near future”. The Special Rapporteur
believes that these positive developments should not be based on the mere discretion of the
authorities but rather on a democratic institutional approach that allows transparency,
predictability and continuity to the reforms.
41.
At the same time, the Special Rapporteur continues to receive reports of restrictions
on the media; for example, some statements made by Daw Aung San Suu Kyi, and
reports of protests by monks in Mandalay and farmers protesting in Yangon were blocked
from publication. Also, there are reports that news editors were prevented from
publishing issues deemed sensitive to the stability of the State, including reports of
campaign irregularities by the Union Solidarity and Development Party and allegations of
abuse committed by the military in ethnic conflict areas.
42.
The Special Rapporteur also notes that restrictions remain under such legislation
as the Television and Video Law (1985), the Motion Picture Law (1996), the Computer
Science and Development Law (1996) and the Printers and Publishers Registration Act
(1962), as well as under notifications, such as No. 46, prohibiting the publication and
distribution of material that is contrary to the Three National Causes (non-disintegration
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