However, in reality these revisions were superficial and have done little to halt the pace of arrests. The law continues to place far-ranging and arbitrary restrictions on the rights to freedom of expression and peaceful assembly.106 Of particular concern is the requirement for organizers to apply for permission, at least five days in advance, to hold an assembly or procession. The UN Special Rapporteur on the rights to freedom of peaceful assembly and of association has stressed that no authorization should be required to assemble peacefully and that related laws should only require organizers to notify the relevant authorities, not seek permission for assemblies.107 He has suggested that notification to the authorities be given 48 hours ahead of any planned assembly, so as to allow the authorities to ensure an enabling environment, which is part of their international human rights obligations. However, in Myanmar, organizers not only have to apply for permission to hold an assembly, but also have to submit to the authorities information on the topic of the assembly, the chants that will be used, and the “name and complete address” of the leaders and speakers. Amendments to the Peaceful Assembly Act have removed the authorities’ power to reject outright an application to demonstrate. However, consent which has been given for a peaceful assembly can be revoked and the assembly or procession dispersed on a range of overly broad and arbitrary grounds, for example by “say[ing] things or behav[ing] in a way that could affect the country or the Union, race, or religion, human dignity and moral principles” or spreading “[...] rumours or incorrect information,” and using loudspeakers or singing chants others than those approved in advance. The fact that people’s right to freedom of expression and peaceful assembly can be denied on such broad and vague grounds is of great concern and clearly violates international human rights law and standards. These laws and standards are clear that restrictions to the right to freedom of expression and peaceful assembly must be limited to those which are demonstrably necessary and proportionate for only the certain specified purposes recognized as legitimate in international human rights law. Additionally, Amnesty International is concerned that the revisions to the Peaceful Assembly Act have made no difference to the fact that human rights defenders, political activists and other peaceful protesters continue to be at risk of arrest and imprisonment under the Act. Under Section 18, people can still be sentenced to up to six months’ imprisonment for conducting peaceful assemblies and processions without consent, and Section 19 provides for up to three months' imprisonment for violating the terms under which the assembly or procession were agreed. In many of the cases documented by Amnesty International, Sections 18 and 19 of the Peaceful Assembly Act were used to charge human rights defenders and activists in conjunction with other laws – in particular Penal Code provisions. CHARGED FOR PEACEFULLY PROTESTING Since the revision of the Peaceful Assembly Act, the authorities have continued to frequently use the law to detain and imprison peaceful protesters and human rights activists including: Myint Myint Aye, May Thet Oo and Khin May Si, who led a candlelit prayer meeting to a local temple in Meiktila, central Myanmar, on 3 March 2015. During the event they carried candles, flowers and placards and prayed for the safety of protesting students. For this, the three women were sentenced to four months in prison on 10 July 2015 by the Meiktila Township Court under Section 18. All three have now been released after completing their sentences. Win Hlaing, an activist from Pyay Township in Bago Region, who has been sentenced to terms of imprisonment under seven counts of protesting without permission under Section 18 and two counts of Section 19 for breaching the terms under which permission to a protest was granted. Amnesty International, Myanmar: Stop Using Repressive Law Against Peaceful Protesters, (Index: ASA/16/025/2014), 15 October 2014. Maina Kai UN Special Rapporteur on the rights to freedom of peaceful assembly and of association, Report of the Special Rapporteur on the rights to freedom of peaceful assembly and of association, UN Doc. A/HRC/23/39, 24 April 2013, (Maina Kai Report to the UN Human Rights Council, 24 April 2013), para. 51. 106 107 NEW EXPRESSION MEETS OLD REPRESSION ENDING THE CYCLE OF POLITICAL ARRESTS AND IMPRISONMENT IN MYANMAR Amnesty International 35