A/HRC/22/58 D. Freedom of assembly and association 25. While welcoming the more open environment that people in Myanmar now enjoy to assemble and demonstrate, the Special Rapporteur has concerns over the extent to which this right is being respected. This is partly because of shortfalls in the 2011 Peaceful Assembly and Peaceful Procession Act and its associated by-law, as well as the problematic implementation and enforcement of this legislation by State officials and police officers on the ground. 26. The ongoing arrest and detention of people involved in peaceful protests reflects shortcomings in the Peaceful Assembly and Peaceful Procession Act. If a peaceful assembly or procession takes place without a permit from the authorities, article 18 of the Act provides for a punishment of up to one year imprisonment and a fine of 30,000 kyat. Furthermore, the Act is being used in conjunction with other laws, of which the Special Rapporteur recommends the concurrent amendment. Failure to gain permission to hold an assembly can result in two years imprisonment under articles 141-3, 145, 151 and 505(b) of the Criminal Code. The 1988 Law Relating to the Formation of Organizations provides sentences of up to five years for people who participate in groups that, in broad and vague terms, “attempt, instigate, incite, abet or commit acts that may in any way disrupt law and order, peace and tranquillity, or safe and secure communications; [or] affect or disrupt the regularity of state machinery”. Furthermore, the 1908 Unlawful Associations Act authorizes the President to declare, at his discretion, any organization to be unlawful. Subsequently, anyone who is a member of an association declared to be unlawful or who assists the operations of any such association can be imprisoned for between two and three years. 27. On 21 September 2012, 13 activists were arrested under the Act for leading a march in Yangon on International Peace Day to voice their opposition over the ongoing war in Kachin State, and in October, 10 activists from Mandalay and Bago were charged under the Act for participating in peaceful protests against electricity shortages in May. On 23 November 2012, four gold mine workers, Ye Yint Htun, Naing Win, Nay Aung Htet and Saw Naung, were arrested for leading a march to Nay Pyi Taw against the Government’s decision to close the Moehti Moemi gold mine in central Myanmar. They were subsequently sentenced to six months imprisonment by Pegu court on 3 January 2013 for protesting without permission under article 18 of the Law, and article 505(b) of the Criminal Code. On 26 November, eight activists, including former prisoner of conscience Naw Ohn Hla, were arrested for protesting in Yangon against the expansion of the Monywa copper mine in the Letpadaung mountain range in Sagaing region. They were charged under the Act for protesting without a permit, and article 505 (b) of the Criminal Code. The eight were subsequently released on bail on 11 December. On 13 December, four activists in Mandalay and four activists in Monywa were arrested under article 18 of the Act in connection with protests organized on 12 December to demand a halt to the project. On 18 January, the four activists in Mandalay were sentenced to one month in prison, but were released as they had already spent over 33 days in prison after their arrest. 28. The Special Rapporteur emphasizes that imprisonment for participating in a peaceful assembly, procession or march is not an appropriate punishment and urges the amendment of these laws accordingly. 29. The Act states that people should apply for permission to exercise their right to peaceful assembly five days in advance. This provision is currently being used by State officials to place unnecessary and disproportionate restrictions on freedom of assembly, with permits for assemblies being granted and denied arbitrarily and on political grounds. The Special Rapporteur therefore recommends that the Act be amended to bring it into line with international standards. Rather than a requirement to gain permission for an assembly, 7