A Chance to Fix in Time: Analysis of Freedom of Expression in Four Years Under the Current Government
to organise in accordance with the local orders, regulations and instructions in Section
10(k); as main obstacles of the freedom of expression, assembly and procession.
3.1
More Restrictions Included in Drafted Amendment Bill
The Bill Committee of Amyotha Hluttaw (the Upper House of Parliament) proposed
a bill amending the Peaceful Assembly and Peaceful Procession Law in the
parliament on February 20, 2018. The Section 4(d) of the amendment states “The
estimated cost and name of organiser of the protest must be submitted to
authorities” and Section 18 states “ anyone who instigates, tempts or persuades
others intentionally or knowingly (to join a demonstration) that disrupts security,
rule of law, tranquility and public morale by providing money or material support
will face a maximum of three years’ imprisonment if found guilty”. It is obvious that
the added provisions rather restrict than broaden the extent of freedom of peaceful
assembly and procession. The punishment for the added offences in the draft
amendment is three years imprisonment and possible fine so it is more likely
threatening people not to participate in protests. U Thein Swe, the Union Minister of
Labour, Immigration and Population on January 10, 2019 officially said in
a
workshop related to regulations to address conflicts between employers and
employees that they would take action in accordance with existing Peaceful
Assembly and Peaceful Procession Law if the labours make strike in public areas
though they have rights to protest as per labour laws.
Significant Cases
3.1.1 Two Young Activists Charged for IDP Performance
June 9, 2019 was the 8th anniversary of the resumption of civil war between the
Tatmadaw and Kachin Independence Army (KIA) after the 17-year old ceasefire
broke. The prayer rally marking the 8th anniversary was held in Manau ground in
Myitkyina township on June 8. Young ethnic Kachin people played a musical theatre
at the rally. Then, police major Min Thant Zaw brought lawsuits against the two
responsible organisers of the event, Ma Seng Nu Pan and Ko Pawlu under Section 19
of the Peaceful Assembly and Peaceful Procession Law.
The court sentenced Ko Pawlu and Ma Seng Nu Pan to 15 days imprisonment under
Section 19 of Peaceful Assembly and Peaceful Procession Law on September 2, 2019
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Chapter (3): Freedom of Peaceful Assembly and Peaceful Procession