A/HRC/31/71 22 Annex I Legislation in need of reform in Myanmar* Legislation Provision Summary Right at stake References in reports by the Special Rapporteur on the situation of human rights in Myanmar since 2011 Democratic space Penal Code Code of Criminal Procedure 141 – 145 Imposes criminal penalties for membership of ‘unlawful assemblies,’ Right to including up to six months’ imprisonment for anyone joining or continuing freedom of an assembly, and up to two years for knowingly joining an assembly after assembly it has been commanded to disperse. A/70/412 paras. 21 and 81(c); A/HRC/25/64 paras. 25 and 86(c); A/68/397 para. 67; A/HRC/22/58 paras. 26 and 90(b); A/HRC/19/67 para. 10; A/66/365 paras. 51 and 94(c) 146, 147, In an unlawful assembly, if any individual uses force or violence, all other 149 members of the assembly can be prosecuted and imprisoned for violence, irrespective of their actual involvement. Right to freedom of assembly A/70/412 paras. 21 and 81(c) 295 Imposes penalties of up to two years’ imprisonment for speech intended to cause religious outrage which insults, or attempts to insult, religion or religious belief. Right to freedom of expression A/HRC/25/64 para. 86 (c); A/HRC/19/67 para. 10; A/66/365 paras. 51 and 94(c) 298 Imposes penalties of up to one year’s imprisonment for acts committed with deliberate intent to wound religious feelings. Right to freedom of expression 499 - 502 Impose criminal penalties of up to two years’ imprisonment for defamation. Right to freedom of expression 505 Imposes penalties of up to two years imprisonment for publishing or circulating statements, rumours or reports with intent to cause members of the military to disregard their duty or which are likely to incite or induce the public to commit a broad range of offences. Right to freedom of expression A/70/412 paras. 21 and 81(c); A/HRC/25/64 paras. 25, 74 and 86(c); A/68/397 para. 67; A/HRC/22/58 para. 90(b); A/HRC/19/67 para. 10; A/66/365 paras. 51 and 94(c) 401 Allows the President to reverse a decision to grant amnesty if, ‘in his opinion,’ any condition imposed at the time of release is later breached. Right not to be arbitrarily detained A/HRC/25/64 paras. 62 and 86(c); A/68/397 paras.5 and 67; A/67/383 para.9 and 95(c); A/HRC/22/58 para.7; A/HRC/19/67 para.25 * Non-exhaustive list