relation to protests.68 Spontaneous protests, which should be exempt from notification requirements under international law, are not recognised in the law.69 Criminal penalties remain in effect for violations of the provisions relating to notification. Furthermore, section 10(k) of the Law, which subjects protests to ‘local’ requirements, has been abused by authorities to shut down protests or negotiate with protesters on a wide range of details relating to the protest.70 42. Prosecutions under the Law have been on the rise since the last UPR, from 4 cases documented in 2016 to 31 cases in 2018.71 A large proportion of those charged in the past year have been youth human rights defenders.72 In September 2019, Kachin youth leaders Seng Nu Pan and Paw Lu were convicted under section 19 of the Law for their role in a gathering commemorating the war in northern Myanmar. 73 The same month, Karen human rights defenders Naw Ohn Hla, Saw Albert Cho, and Saw Thein Zaw Min were convicted under section 20 of the Law and sentenced to fifteen days’ imprisonment for organising a ceremony commemorating Karen Martyr’s Day, 74 after the protest location was changed from the location included in their notification and local authorities prohibited use of the word ‘martyr’. 75 43. In May 2018, authorities arrested more than twenty anti-war protestors in a series of rallies in Yangon, Mandalay and Myitkyina under sections 19 and 20 of the Law.76 In July 2018, 82 mostly ethnically Karenni individuals were arrested after they protested the erection of a statue of General Aung San in Loikaw.77 44. A ban on protests in Yangon has been in effect since March 2017.78 Special permission has been granted for pro-military rallies supported by ultranationalist groups, but denied to groups calling for justice for human rights abuses.79 45. A number of farmers protesting land confiscations have been arrested.80 In September 2018, for example, eight residents of Patheingyi Township were arrested under section 19 of the Law after See, e.g. Karen Human Rights Group, ‘”Development Without Us;” Village Agency and Land Confiscations in Southeast Myanmar,’ pp, 59, 94, available at: https://khrg.org/sites/default/files/inside_development_without_us__english_full_report_august_2018.pdf. 69 Ibid. 70 Progressive Voice, ‘Time to Hear Our Voices Freedom of Assembly and the Youth Peace Movement in Myanmar’, July 2018, p 9, available at: https://progressivevoicemyanmar.org/wp-content/uploads/2018/07/PV_Briefing_Final_Web.pdf; Karen Human Rights Group, ‘Dooplaya Interview: Saw G---, February 2018’, 25 July 2018, available at: https://khrg.org/2018/07/18-24-a2-i1/dooplaya-interview-saw-g-february-2018. 71 Athan, ‘Cases under Peaceful Assembly and Peaceful Procession Law’, 12 December 2018. 72 Athan, ‘2019 Mid-year Report on Status of Freedom of expression in Myanmar,’ 2 September 2019, available at: https://drive.google.com/file/d/1_chaUs7HTCSbrjvaqkcIoVPgh4--eAJA/view. 73 ARTICLE 19, ‘Myanmar: Kachin Youth Leaders face Imprisonment for Commemoration of War Anniversary,’ 30 August 2019, available at: https://www.article19.org/resources/myanmar-kachin-youth-leaders-face-imprisonment-forcommemoration-of-war-anniversary/. 74 Naw Betty Han, ‘Activists Protest After Three Sentenced for Karen Martyr’s Day Ceremony,’ 3 October 2019, available at: https://frontiermyanmar.net/en/activists-protest-after-three-sentenced-for-karen-martyrs-day-ceremony. 75 Ibid. 76 Zarni Mann, ‘Two Anti-war Demonstrators Jailed for 2 Months Over Yangon Protest’, Irrawaddy, 22 May 2018, available at: https://www.irrawaddy.com/news/burma/two-anti-war-demonstrators-jailed-2-months-yangon-protest.html. 77 Fortify Rights, ‘Myanmar: End Crackdown, Drop Charges Against 82 Activists in Karenni State’, 8 February 2019, available at: https://www.fortifyrights.org/mya-inv-2019-02-08/. The charges were later dropped. Zue Zue, ‘Cases Dropped Against 55 Karenni Anti-Statue Activists’, Irrawaddy, 13 February 2019, https://www.irrawaddy.com/news/casesdropped-55-karenni-anti-statue-activists.html. 78 Su Myat Mon, ‘The right to demonstrate? It depends who you are’, 11 April 2019, available at: https://frontiermyanmar.net/en/the-right-to-demonstrate-it-depends-who-you-are. 79 Ibid. For example, in September 2018, organisers who planned a protest demanding the release of jailed Reuters journalists Wa Lone and Kyaw Soe Oo were prevented from holding the protest. Su Myat Mon, ‘Authorities ban protests against jailing of Reuters journalists, threaten arrests’, Irrawaddy, 13 September 2018, available at: https://frontiermyanmar.net/en/authorities-ban-protests-against-jailing-of-reuters-journalists-threaten-arrests. 80 Karen Human Rights Group, ‘Toungoo Interview: Saw A---, January 2016’, 2 February 2017, available at: https://khrg.org/2017/02/16-10-a8-i1/toungoo-interview-saw-january-2016-2Human Rights Watch, ‘The Farmer Becomes the Criminal: Land Confiscation in Burma’s Karen State,’ November 2016, available at: https://www.hrw.org/sites/default/files/report_pdf/burma1116_web_0.pdf 68 10

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