Yet, as people have begun to exercise these new freedoms to assert their rights, the authorities have increasingly cracked down on peaceful expression. Since the start of 2014 hundreds of people have been arrested, charged, arbitrarily detained or imprisoned in politically motivated cases. They include student protesters, political activists, media workers and human rights defenders 3 and, in particular land and labour activists. In part, this has been possible by the use of repressive, vague and broadly worded laws which were commonly used prior to 2011 to arrest and imprison thousands of people. Amnesty International has observed a disturbing resurgence in their use between 2014 and 2015 and calls on the new incoming government to repeal or reform these laws to bring them into line with international law and standards. As long as these laws remain unamended and on the books, human rights defenders and other activists will remain at risk of arrest. Also of concern is the authorities’ use of new laws, enacted during the reform process, to crack down on human rights defenders and activists. The 2012 Peaceful Assembly and Peaceful Procession Act (the Peaceful Assembly Act) and the 2013 Telecommunications Act were both passed as part of attempts to allow for greater space for freedoms of expression and peaceful assembly, yet have become new tools of repression through being used to arrest and imprison human rights defenders and others for their activities. The use of old and new legislation to stifle criticism and peaceful dissent is further bolstered through the use of other tactics to keep human rights defenders and activists in detention or in prison for lengthy period of time. These include drawing up lengthy charge sheets, filing multiple charges for a single offence and, increasingly, resorting to charging people with non-bailable offences to hold them in pre-trial detention. Furthermore, leaders of peaceful protests and other activist groups have also been targeted by the authorities for arrest and prosecution in an apparent attempt to weaken their social and political movements. The authorities also appear to yield to pressure from Buddhist nationalist groups by harassing and arresting those speaking out for religious tolerance. While there have been some efforts by the government to address the question of ongoing arrests and imprisonment of human rights defenders and other activists, these efforts have been largely ad hoc and focused on securing the release of only some political prisoners, often at politically advantageous moments, instead of addressing the systemic and structural issues which allow for arbitrary arrests and imprisonment on politically motivated grounds. Myanmar must bring its legal framework in line with international human rights law if it is to ensure an end to the cycle of political detention and imprisonment. In addition, a Committee established in 2013 and reconstituted in 2015 to resolve the cases of political arrests and imprisonment has been largely ineffective, hampered by a lack of independence, transparency, a clear mandate and adequate resources to fulfil its function. However, with sufficient political will, both national and international, such a Committee could become an important mechanism not just to secure the release of prisoners of conscience, but to also address the wider structural issues that allow for arbitrary arrests and imprisonment. Political activists and human rights defenders have a vital role to play in shaping Myanmar’s future at this critical juncture. However, they are unable to do so if they are locked up or at constant risk of arrest for their work. Human rights defenders (HRDs) are individuals who take non-violent actions to defend and protect human rights. They can be journalists, lawyers, members of human rights organizations, trade unionists, doctors or other service providers that fulfil essential medical or educational needs, or politicians who promote human rights and speak out against human rights violations. They may be friends or relatives of victims of human rights violations who stand by their loved ones despite threats and intimidation. International human rights law establishes and protects the right to defend human rights, either individually or in association with others, and asserts the exercise and effective enjoyment of the right to defend human rights as fundamental for the effective enjoyment of many other human rights. See the UN Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, UN Doc. A/RES/53/144, 8 March 1999 (Declaration on Human Rights Defenders). 3 NEW EXPRESSION MEETS OLD REPRESSION ENDING THE CYCLE OF POLITICAL ARRESTS AND IMPRISONMENT IN MYANMAR Amnesty International 7