THE 1908 UNLAWFUL ASSOCIATIONS ACT Under the 1908 Unlawful Associations Act, the President has the power to unilaterally declare any association or organization unlawful without having to demonstrate that the association has committed acts of violence or represents a threat.134 Under international human rights law, any interference with the rights to freedom of expression and association must be limited to what is necessary for the achievement of a specific legitimate purpose and proportionate to the threat posed. The 1908 law is also unclear regarding which organizations have been declared unlawful or not. This is in contravention with the principle of legality, including legal certainty and predictability, which demands the law to have a certain level of precision so that people know what is prohibited and can regulate their conduct accordingly. This is particularly important when noncompliance with the law could lead to being deprived of liberty. Such broad discretionary powers in the hands of the authorities have led in the past to associations such as trade unions, political parties, student associations or religious organizations being declared unlawful and their members sentenced to terms of imprisonment under this Act. Furthermore, according to the 1908 Unlawful Associations Act, a member or leader of an organization declared unlawful or denied permission to register, as well as someone simply deemed to be associated with the organization, can be sentenced to between two and five years’ imprisonment under Section 17. 135 The fact that anyone in any way associated with an unlawful organization is at risk of imprisonment allows the authorities to use Section 17 for political ends, as it means that someone who attended only one meeting of an organization can potentially be criminalized.136 For example, interfaith activists Zaw Zaw Latt and Pwint Phyu Latt from Mandalay, were arrested in July 2015 about a well-publicized interfaith peace visit to a conflict zone in Kachin State in June 2013. Zaw Zaw Latt was questioned about a photo – posted on social media in 2013 – in which he was holding a rifle, apparently during the visit. Both were charged with violating the 1908 Unlawful Associations Act, with no further proof that they either belonged to an armed group or took part in their activities. Activists operating in Myanmar believe that Zaw Zaw Latt and Pwint Phyu Latt were arrested for their interfaith awareness activities. Both have also been charged with immigration related offences. 137 Saw Maung Gyi, a land rights activist and founder of the 88 Karen Generation Student Organization, and former member of the armed wing of the Karen National Union (KNU) and of the Democratic Karen Benevolent Army (DKBA), was arrested on 8 July 2015 at his office with eight other members of his organization. Saw Maung Gyi was sentenced in November 2015 under Section 17(1) of the 1908 Unlawful Associations Act for contacting an alleged member of the DKBA. Many believe he was targeted because of his land rights work.138 He was released as part of a presidential amnesty in January 2016. The Unlawful Associations Act, Section 15 (2)(b): “‘unlawful association’ means an association (b) which has been declared to be unlawful by the President of the Union under the powers hereby conferred.” 135 The 1908 Unlawful Associations Act, Section 17 (1): “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 such an 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 a fine).” Section 17 (2): “Whoever manages or 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 a fine)”. 136 Amnesty International, Justice on Trial, (Index: ASA 16/019/2003), 29 July 2003, p32. 137 See Chapter 3, Section 3.4 p29. 138 See for example Yanghee Lee, UN Special Rapporteur on the situation of human rights in Myanmar, Situation of human rights in Myanmar, UNGA, Seventieth session, 6 October 2015, A/70/412, para. 66 and Human Rights Watch, Burma: Land Rights Activists Are Newest Political Prisoners, 15 August 2015. 134 NEW EXPRESSION MEETS OLD REPRESSION ENDING THE CYCLE OF POLITICAL ARRESTS AND IMPRISONMENT IN MYANMAR Amnesty International 42