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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