4. A REPRESSIVE LEGAL FRAMEWORK “The only reason we were not arrested in the recent past is because the authorities did not want to. Now if they want to arrest us they can, because the laws have not changed.” Student union member, July 201595 The Myanmar authorities’ use of vaguely worded and repressive laws to stifle dissent underpins and perpetuates politically motivated arrests, prosecutions and imprisonment. While some of these laws have been in place for decades, others have been enacted since 2011 under the Thein Sein administration. All of them can be, and are, used to arrest and imprison human rights defenders and other activists in the country. As long as these laws remain in place politically motivated arrests and imprisonment will continue. 4.1 INTERNATIONAL LEGAL FRAMEWORK: THE RIGHTS TO FREEDOM OF EXPRESSION, ASSOCIATION AND PEACEFUL ASSEMBLY The rights to freedom of expression, association and peaceful assembly are protected under international law. Although Myanmar has neither signed nor ratified key treaties which protect these rights,96 they are enshrined in the Universal Declaration of Human Rights (UDHR) which articulates the most basic rights that all UN member states, including Myanmar, are legally bound to promote and protect under the UN Charter. The right to freedom of expression is enshrined in Article 19 of the UDHR: “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.” Such ideas can include political discourse, discussion on human rights, journalism, cultural and artistic expression, teaching and religious discourse. Amnesty International interview with a student union member, July 2015. For example, Myanmar has not signed or ratified the ICCPR or the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT). 95 96 NEW EXPRESSION MEETS OLD REPRESSION ENDING THE CYCLE OF POLITICAL ARRESTS AND IMPRISONMENT IN MYANMAR Amnesty International 32