2 Risks to the Right to Freedom of Association The 1908 Unlawful Associations Act has often been used in the past to imprison peaceful critics of the Government. Article 15 (2) (b) defines an organisation to be unlawful “which has been declared unlawful by the President…” i.e. based solely on the head of state’s opinion rather than on reason or evidence. Under Article 17 (1), not only can a member of an illegal organisation be imprisoned, but anyone in any way associated with an unlawful organisation is also at risk of imprisonment. Article 17 (2) provides for imprisonment of leaders of illegal organisations. Article 15 (2) (a) also defines illegal organisations as those involved in violence, often ethnic minority armed opposition groups. While states need to protect its citizens from violence, 102 there is concern that this provision has been used against ethnic minority civilians not involved in violence. Although the Unlawful Associations Act is now less frequently used, ethnic minority civilians in armed conflict areas have recently been sentenced under its provisions. 103 It remains of concern to anyone involved in the peace process since non-state armed groups are considered ‘unlawful associations’ even though they are negotiating a nationwide ceasefire with government. Table 20: Provisions of the Unlawful Associations Act with Potential to be used to Infringe the Right to Freedom of Association  Under the law, “unlawful association means an association which encourages or aids person to commit acts of violence or intimidation or of which the members habitually commit such acts, or which has been declared to be unlawful by the President.” (s15(2))  In addition, “Whoever is a member of an unlawful association, or takes part in meetings of any such association, or contributes or receives or solicits any contribution for the purpose of any such association or in any way assists the operations of any such association, shall be punished with imprisonment for a term [which shall not be less than two years and more than three years and shall also be liable to fine].” (s17) Risks of Company Involvement in Human Rights Violations Read broadly, an ICT utilised for the purpose of organising a meeting, or broadcasting the communications, of an “unlawful association” could be held liable since:  Anyone who “assists in the management of an unlawful association, or promotes or assists in promoting a meeting of any such association, or of any members thereof as such members, shall be punished with imprisonment for a term [which shall not be less than three years and more than five years and shall also be liable to fine].” (s17(2)) 102 Amnesty International, “Myanmar: Justice on Trial”, (July 2003), pg 28 – 33. See for example Fortify Rights, “‘I thought they would kill me’, Ending Wartime Torture in Northern Myanmar” (June 2014), pg 40-41 and 42-43. 103 82 PAGE CHAPTER 2: ICT GOVERNMENT INSTITUTIONS, POLICIES & LEGAL FRAMEWORK