of either description for a term which may extend to two years, or with fine, or with both. Case study 3: Maung Saung Kha18 Maung Saung Kha is a poet and a member of the NLD youth committee. He is also a member of PEN Myanmar (the national branch of PEN International). Maung Saung Kha was arrested for the poem he posted on Facebook titled “Image”, in which the controversial part read: “I have the president’s portrait tattooed on my penis / How disgusted my wife is.” The case was filed by a police chief in October 2015. Although the poem was published during President U Thein Sein’s government, the case was concluded and the sentence was handed down under the NLD government. He was held in custody for six months and 19 days and later sentenced to six months in prison. Case study 4: Swe Win19 Swe Win is an award-winning journalist and the editor of Myanmar Now.20 His criticism of U Wirathu, one of the leaders of the ultranationalist group Ma Ba Tha, in a Facebook post, led to a complaint being filed by a Ma Ba Tha supporter. The complaint was filed in March 2017 under Article 66(d) of the Telecommunications Law and Article 295 of the Penal Code, which states: Section 295. Whoever destroys, damages or defiles any place of worship, or any object held sacred by any class or persons, with the intention of thereby insulting the religion of any person or with the knowledge that any class of persons is likely to consider such destruction, damage or defilement as an insult to their religion, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Section 295A. Whoever, with deliberate and malicious intention of outraging the religious feelings of any class of [persons resident in the Union], by words, either spoken or written, or by visible representations insults or attempts to insult the religion or the religious beliefs of that class, shall be punishes [sic] with imprisonment 18 Freeman, J. (2016, 2 March). The bizarre trial of a poet in Myanmar. The New Yorker. https://www.newyorker.com/books/page-turner/ the-bizarre-trial-of-a-poet-in-myanmar 19 The Irrawaddy. (2017, 30 July). Myanmar Now editor arrested. The Irrawaddy. https://www.irrawaddy.com/news/burma/breakingmyanmar-now-editor-arrested.html 20 www.myanmar-now.org Although the Ministry of Culture and Religious Affairs issued a statement saying that Swe Win’s speech is legitimate and that he should not be charged under Section 295 of the Penal Code, the case is still ongoing on the basis of Article 66(d) of the Telecommunications Law. International treaties Although Myanmar is included in the first group of countries to sign the Universal Declaration of Human Rights, Myanmar has yet to ratify the key human rights treaties such as the ICCPR and the International Covenant on Economic, Social and Cultural Rights (ICESCR). Myanmar is, however, a party to the Convention on the Rights of the Child (CRC) and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). Since Myanmar is a member of the Association of Southeast Asian Nations (ASEAN), it is also a party to the ASEAN Human Rights Declaration.21 In the ASEAN Human Rights Declaration, the right to freedom of speech and expression is enshrined in Article 23, which reads as follows: Article 23 - Every person has the right to freedom of opinion and expression, including freedom to hold opinions without interference and to seek, receive and impart information, whether orally, in writing or through any other medium of that person’s choice. Future violations through draft laws The Ministry of Culture and Religious Affairs of Myanmar is drafting an anti-hate speech law.22 While the law is still being drafted, the process itself is opaque, with civil society being kept out of the process. Concerned about the potential violations of freedom of expression through the draft anti-hate speech law, civil society organisations came up with a separate draft, named the “Interfaith Harmony Bill”. The civil society initiative is supported by local and international human rights organisations and the document has been drafted in accordance with international standards. However, the chances of the government adopting the civil society bill are slim. 21 asean.org/asean-human-rights-declaration/ accessed September 2017 22 Ei Ei Toe Lwin. (2016, 20 May). NLD considers religious harmony law. Myanmar Times. https://www.mmtimes.com/national-news/ yangon/20397-nld-considers-religious-harmony-law.html MYANMAR / 101