engagement of a civil society that is able to speak freely. The experience of getting them
launched highlights the challenges ahead in changing mind-set at all levels of
Government. Those changes are important for many reasons, not least because the
more formal structures for citizens and others to hold Government to account – such as a
functioning independent judicial system – are very weak and will take years to address. In
the meantime, the highest levels of Government need to ensure that they are sending
clear and consistent signals on the importance of accountability and transparency. This,
and putting in place mechanisms like the E-Governance Master Plan, may help reduce
the governance gap (See Chapter 3 on Sector Impacts).
Freedom of Expression
See Chapter 4.1
Freedom of Peaceful Assembly
In December 2011 Parliament enacted the Law Relating to Peaceful Assembly and
Peaceful Procession, which permits peaceful assembly for the first time in several
decades. However, prior permission from the Government (the Township Police) is still
required for an assembly/procession of more than one person and the requirements for
seeking such permission are unduly onerous. Article 18 of the law has often been used to
target activists and human rights defenders, many of whom have been arrested and
imprisoned under its provisions. It acted as a significant deterrent as it provided for up to
one-year imprisonment for those who demonstrate without prior permission. 595 Parliament
amended the law on 19 June 2014; new amendments now reportedly oblige the
authorities to grant permission for peaceful demonstrations unless there are “valid
reasons” not to do so, and punishment for failing to seek prior permission and holding a
demonstration without such permission was reduced from one year to six months. 596
However, the amended law still provides for the arrest and imprisonment of peaceful
protesters. Arrests and imprisonment of such activists increased throughout 2014 and the
first half of 2015.
Protests, including against private sector projects, particularly those in the extractive
industries, have been suppressed in the past, sometimes violently. The authorities
continue to crack down on such protests, with participants arrested and sometimes
subjected to beatings and other ill-treatment. 597
595 Pyidaungsu
Hluttaw, The Right to Peaceful Assembly and Peaceful Procession Act (Dec. 2011).
Requirements include an application form submitted at least five days in advance; the biographies of
assembly leaders and speakers; the purpose, route, and content of chants; approximate number of attendees,
amongst other things. See Chapter 3, 4.
596 DVB, “Peaceful Assembly Bill passed, now awaits President’s signature” (19 June 2014).
597 Norwegian Council on Ethics, Pension Fund Global, “Recommendation on the exclusion of Daewoo
International Corporation, Oil and Natural Gas Corporation Ltd., GAIL India and Korea Gas Corporation from
the investment universe of the Government Pension Fund Global” (2012). See also the 2013
Recommendation concerning the post-construction phase of the project.
CHAPTER 4.9: STAKEHOLDER ENGAGEMENT & GRIEVANCE MECHANISMS
239
4
4.9
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