THE 2008 CONSTITUTION Myanmar’s 2008 Constitution fails to sufficiently protect the rights to freedom of expression, association and peaceful assembly. Although Article 354 grants every citizen the liberty to exercise their rights to “express and publish freely their convictions and opinions”; to “assemble peacefully without arms and holding procession [sic]”; and to “form associations and organizations”, these rights are only granted as long as they are not contrary to vague conditions such as “community peace and tranquillity”. 101 Moreover, the 2008 Constitution fails to protect the rights to freedom of expression, association and peaceful assembly for all people in Myanmar. Under Article 354 these rights are only granted to “citizens”, thus denying protection to non-citizens on a discriminatory basis. In the context of Myanmar, where ethnic and religious minorities such as the Rohingya are denied access to citizenship based on discriminatory grounds, this lack of protection is particularly concerning. In general, human rights must be guaranteed to all persons within the state’s territory and jurisdiction irrespective of citizenship status.102 THE RIGHT TO PEACEFUL ASSEMBLY AND PEACEFUL PROCESSION ACT After the Thein Sein government came to power in 2011, a number of measures were taken to relax restrictions on the rights to freedom of expression, association and peaceful assembly. A major step forward was the introduction of legislation which recognizes the right to peacefully assemble, a right which had been strictly curtailed under the military governments. On 2 December 2011, Parliament adopted the Right to Peaceful Assembly and Peaceful Procession Act (Peaceful Assembly Act), which came into force on 5 July 2012. The adoption of the law was welcomed by many as ushering in a new era of freedoms for Myanmar’s people. However, both the law and its implementing Decree103 are deeply flawed, placing arbitrary restrictions on the rights to freedom of expression and peaceful assembly.104 In June 2014, some amendments were made to the law following national and international outcry over its use against peaceful protesters. The Myanmar government has congratulated itself on the law and its amendments stating: “The Law Relating to the Rights of Peaceful Assembly and Peaceful Procession, 2012 was promulgated. Since then, people have exercised their right to stage demonstrations and gatherings in accordance with the law. On 24 June 2014, the Pyidaungsu Hluttaw [Myanmar’s Parliament] passed amendments to the Law […] in order to provide more space for freedom of assembly.”105 Article 354 of the 2008 Constitution: “Every citizen shall be at liberty in the exercise of the following rights, if not contrary to the laws, enacted for Union security, prevalence of law and order, community peace and tranquillity or public order and morality: (a) to express and publish freely their convictions and opinions; (b) to assemble peacefully without arms and holding procession; (c) to form associations and organizations; (d) to develop their language, literature, culture they cherish, religion they profess, and customs without prejudice to the relations between one national race and another or among national races and to other faiths.” 102 David Weissbrodt, The rights of non-citizens: Final report of the Special Rapporteur, submitted in accordance with Sub-Commission decision 2000/103, Commission resolution 2000/104 and Economic and Social Council decision 2000/283, UN Doc. E/CN.4/Sub.2/2003/23, 26 May 2003, para. 1. 103 Decree on the Right to Peaceful Assembly and Peaceful Procession, 5 July 2012 ((Order No. 364/2012). 104 The Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression; the Special Rapporteur on the rights to freedom of peaceful assembly and of association; the Special Rapporteur on the situation of human rights defenders; and the Special Rapporteur on the situation of human rights in Myanmar, Joint allegation letter, 18 March 2013, Ref.: AL G/SO 214 (67-17) Assembly & Association (2010-1) G/SO 214 (107-9) G/SO 214/62-11 MMR 1/2013. 105 Myanmar, National report submitted in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21 Human Rights Council Working Group on the Universal Periodic Review Twenty-third session 2–13 November 2015, UN Doc. A/HRC/WG.6/23/MMR/1, 5 August 2015, para. 40. 101 NEW EXPRESSION MEETS OLD REPRESSION ENDING THE CYCLE OF POLITICAL ARRESTS AND IMPRISONMENT IN MYANMAR Amnesty International 34