Laws impacting on civil and political rights
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Association and Assembly
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Laws, decrees and regulations related to association and assembly (texts)
Individual Documents
| Title: | | Regulations relating to the Right to Peaceful Assembly and Peaceful Procession, 5 July 2012 (Burmese) |
| Date of publication: | | 10 July 2012 |
| Description/subject: | | Government of the Republic of the Union of Myanmar, Ministry of Interior, Order No. 364/ 2012, Nay Pyi Daw, 5 July 2012..... ၿငိမ္းခ်မ္းစြာ စုေ၀းခြင့္ ႏွင့္ ၿငိမ္းခ်မ္းစြာ စီတန္းလွည့္လည္ခြင့္ ဆိုင္ရာ နည္းဥပေဒမ်ား - ျပည္ေထာင္စု သမၼတ ျမန္မာႏိုင္ငံ ေတာ္အစိုးရ၊ ျပည္ထဲေရးဝန္ႀကီးဌာန၊ အမိန္႔ ေၾကာ္ျငာစာအမွတ္ ၃၆၄/၂ဝ၁၂၊ ေနျပည္ေတာ္၊ ၁၃၇၄ ခုႏွစ္၊ ပထမဝါဆုိလျပည့္ေက်ာ္ ၂ ရက္၊ (၂ဝ၁၂ ခုႏွစ္၊ ဇူလိုင္လ ၅ ရက္) |
| Author/creator: | | Myanmar Ministry of the Interior |
| Language: | | Burmese/ ျမန္မာဘာသာ |
| Source/publisher: | | "The Mirror" ("Kyemon") ေၾကးမံု 10 July 2012 |
| Format/size: | | pdf (118K) |
| Date of entry/update: | | 08 September 2012 |
|
| Title: | | Regulations relating to the Right to Peaceful Assembly and Peaceful Procession 5 July 2012 (English) |
| Date of publication: | | 05 July 2012 |
| Description/subject: | | "...1. These By-Laws shall be cited as the Regulations relating to the Right to Peaceful Assembly
and Peaceful Procession
2. The Terms mentioned in these By-Laws must follow the same definitions as in the Right to
Peaceful Assembly and Peaceful Procession Act and the terms mentioned below must be
defined as follows:
(a) The term Act refers to the Right to Peaceful Assembly and Peaceful Procession Act..." |
| Language: | | English (unofficial translation) |
| Source/publisher: | | Government of the Republic of the Union of Myanmar, Ministry of Home Affairs (Order No. 364/2012) |
| Format/size: | | pdf (84K) |
| Date of entry/update: | | 18 May 2013 |
|
| Title: | | Right to Peaceful Assembly and Peaceful Procession Act - Pyidaungsu Hluttaw Law No. 15/2011 (English) |
| Date of publication: | | 02 December 2011 |
| Description/subject: | | "...In Article 354 Section (B) of the Union Republic of Myanmar Constitution Law, it is prescribed that if
not contrary to the laws enacted for Union security, rule of law, community peace and tranquility, or
public morality, every citizen shall be at liberty to assemble and hold a procession peacefully without
arms. So that citizens can exercise these rights legally, Pyidaungsu Hluttaw has enacted this law...
1. This law shall be called the law of peaceful assembly and peaceful procession..." ... Approved by the Pyidaungsu Hluttaw on 2 December 2011 |
| Language: | | English (unofficial translation?) |
| Source/publisher: | | Pyidaungsu Hluttaw |
| Format/size: | | pdf (69K) |
| Date of entry/update: | | 18 May 2013 |
|
| Title: | | Law Relating to the Sangha Organization |
| Date of publication: | | 31 October 1990 |
| Description/subject: | | State LORC Law No. 20/90 of Oct. 31, 1990 |
| Language: | | English |
| Source/publisher: | | SLORC |
| Date of entry/update: | | 03 June 2003 |
|
| Title: | | Form for registration of associations and organizations (Directive No. 1/88 of the Ministry of Home and Religious Affairs) |
| Date of publication: | | 01 October 1988 |
| Description/subject: | | "Directive No. 1/88 of the Ministry of Home and Religious , signed by Maj-Gen. Phone Myint, prescribes the following Form for registration of associations and organizations, to be submitted to the Township LORC under the State/Division LORC where the organization is located:
Form (A)
Application for formation of associations in accordance with the Law for Formation of Associations or Organizations..." |
| Language: | | English |
| Source/publisher: | | SLORC |
| Format/size: | | html (6K) |
| Date of entry/update: | | 03 June 2003 |
|
| Title: | | Law relating to Forming of Organizations (State LORC Law No. 6/88 of Sept. 30, 1988) |
| Date of publication: | | 30 September 1988 |
| Description/subject: | | The State Law and Order Restoration Council hereby enacts the following Law—
Chapter I Title and Definitions
1. This Law shall be called the Law relating to Forming of Organizations.
2. The following expressions in this Law shall have the following meanings--
(a) an organization means an association, society, union, party, committee, federation, group of associations, front, club and similar organization that is formed with a group of people for an objective or a programme either with or without a particular name.
(b) a political organization means an organization that has a political movement based upon a certain political ideology..." |
| Language: | | English |
| Source/publisher: | | SLORC |
| Format/size: | | html (13K) |
| Alternate URLs: | | http://www.blc-burma.org/html/Myanmar%20Law/lr_e_ml88_06.html |
| Date of entry/update: | | May 2003 |
|
| Title: | | SLORC Order 2/88 of 18 September 1988 |
| Date of publication: | | 18 September 1988 |
| Description/subject: | | Order No. 2/88 of the Organization for Building Law and Order in the State, dated 18 September 1988 - the 8th day of the waxing moon of Tawthalin, 1350...
"In order to ensure law and order, and peace and tranquility, as well as to ensure the security and ease of transport and communications and the people's livelihood, the chief of staff, Office of the Chief of Staff, issues the following order for all monks and people to abide by:..." |
| Language: | | English |
| Source/publisher: | | SLORC |
| Format/size: | | html (6K), Word (25K) |
| Alternate URLs: | | http://www.ibiblio.org/obl/docs3/SLORC_Order_2-88.doc |
| Date of entry/update: | | 08 August 2005 |
|
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Laws, decrees, regulations and bylaws related to association and assembly (commentaries)
Individual Documents
| Title: | | SPECIAL DOSSIER: CASES UNDER THE UNLAWFUL ASSOCIATIONS ACT 1908 BROUGHT AGAINST PEOPLE ACCUSED OF CONTACT WITH KACHIN INDEPENDENCE ARMY |
| Date of publication: | | 21 January 2013 |
| Description/subject: | | "This special dossier of 36 cases brought under the 1908 Unlawful Associations Act against people
accused of contact with the Kachin Independence Army was researched and compiled in 2012 by
independent human rights defenders in Burma who have requested that the Asian Human Rights
Commission disseminate the material...At a time that the conflict in Kachin State between the Kachin Independence Army and Burma
armed forces is only getting worse, this dossier marks an important contribution to documentation
on human rights abuses in the region, because it signals very sharply the intersection between war
and law, between violence in armed combat and violence in interrogation, in the use of torture
and other techniques against persons who have been branded enemies of the state...the human rights defenders who gathered and translated this material
have two stated objectives: to document and inform people about the use of the Unlawful
Associations Act; and, to secure the release of the accused. Both of these objectives are laudable,
and strongly supported by the AHRC. Clearly, not enough has been done to document cases of
this sort in a way that makes explicit the connection between strategic practices of the military
and those of other parts of the state apparatus for the targeting of internal enemies. We firmly
hope that by taking these steps, not only will the connections be better understood but also those
whose cases are documented will obtain relief through some publicity and attention to their
specific plights..." |
| Language: | | English |
| Source/publisher: | | Asian Human Rights Commission (AHRC) & Asian Legal Resource Centre (ALRC) |
| Format/size: | | pdf (2.7MB-OBL version; 3.46-original) |
| Alternate URLs: | | http://www.humanrights.asia/countries/burma/reports/Unlawful_Association_Dossier.pdf/view |
| Date of entry/update: | | 21 January 2013 |
|
| Title: | | Thein Sein Repeals Repressive Law on Public Speeches |
| Date of publication: | | 16 January 2013 |
| Description/subject: | | "Burmese President Thein has repealed a draconian law that was used to stifle public speeches and sentence dissidents to lengthy spells in prison under the previous military regime, according to an announcement in a state-owned newspaper on Wednesday.
The Burmese-language version of The New Light of Myanmar carried an announcement signed by President Thein Sein, which stated he had revoked Law 5/96, or the Law Protecting the Peaceful and Systematic Transfer of State Responsibility and the Successful Performance of the Functions of the National Convention against Disturbances and Oppositions.
It provided for up to 20 years imprisonment for anyone who criticizes the government in speeches or written statements that “belittle the National Convention” and make people misunderstand its proceedings..." |
| Language: | | English |
| Source/publisher: | | "The Irrawaddy" |
| Format/size: | | html |
| Date of entry/update: | | 19 January 2013 |
|
| Title: | | Myanmar: The Decree on the Right to Peaceful Assembly and Peaceful Procession 2012 - Legal Analysis (English and Burmese) |
| Date of publication: | | 20 September 2012 |
| Description/subject: | | Executive Summary and Recommendations: In July 2012, "ARTICLE 19 analysed the Decree on the Right to Peaceful Assembly and
Peaceful Procession of Myanmar, adopted by the Government of the Republic of the Union of
Myanmar on 5 July 2012.
The provisions of the Decree were examined for their compliance with international standards
on human rights. Myanmar has neither signed nor ratified the International Covenant on Civil
and Political Rights or other principal human rights treaties. Nevertheless, ARTICLE 19
suggests that guarantees to the right to freedom of expression and freedom of assembly, as
provided by Article 364 of the Constitution of Myanmar, allow a wide scope for interpretation
and that international standards regarding these rights should provide guidance to such an
interpretation.
In the analysis, ARTICLE 19 appreciates the Decree’s recognition of the state duty to protect
assembly participants. However, the requirement for permission to hold an assembly, the
grounds for denying permission, the lack of a court appeal and the absence of guarantees for
media access to assemblies are problematic and must be urgently revised. ARTICLE 19 also
calls on the Government of Myanmar – in consultation with civil society - to review other
legislative measures in light of international standards and to make them compliant with
these standards.
Recommendations
ARTICLE 19 calls on the Government of Myanmar:
• To sign and ratify the International Covenant on Civil and Political Rights;
• To invite the UN special rapporteur on freedom of peaceful assembly and association
and the special rapporteur on freedom of opinion and expression to visit Myanmar;
• To ensure that the right to peaceful assembly and the right to freedom of expression
are safeguarded in line with international standards;
• To revise the Decree on the Right to Peaceful Assembly and Peaceful Procession in
accordance with international standards on freedom of expression and freedom of
assembly, as recommended by ARTICLE 19;
• To initiate public discussion about the current legal framework on peaceful assemblies
and engage in consultation with civil society representatives on how to improve the
relevant legislation.
ARTICLE 19 calls on civil society in Myanmar:
• To engage in public debates and consultation with the government on how to improve
the domestic legislation on peaceful assembly;
• To form coalitions between civil society organisations and launch public education
campaigns on the right to peaceful assembly and the right to freedom of expression;
• To draft legislative proposals and advocate for specific changes in domestic legislation
aiming at the improvement of the protection of the right to peaceful assembly and the
right to freedom of expression;
• To seek partnerships with international organisations in a specific mandate on the
right to freedom of expression and the right to peaceful assembly." |
| Language: | | English, Burmese/ ျမန္မာဘာသာ |
| Source/publisher: | | Article 19 |
| Format/size: | | pdf (346K-English; 6.54MB-Burmese)) |
| Alternate URLs: | | http://www.article19.org/data/files/medialibrary/3440/12-09-19-LA-Myanmar-BU.pdf
http://www.article19.org/resources.php/resource/3440/en/myanmar:-law-on-assembly-and-procession-inc... |
| Date of entry/update: | | 24 September 2012 |
|
| Title: | | Burma: New Law on Demonstrations Falls Short |
| Date of publication: | | 15 March 2012 |
| Description/subject: | | "...Legal Reforms Should Meet International Human Rights Standards
...Burma’s new law on assembly rejects the previous ban on demonstrations, but still allows the government to trump the Burmese people’s basic rights. There is a lot of excitement about changes in Burma these days, but the government shouldn’t be given credit for allowing some freedom just because none existed before. Instead, it should be pressed to make sure its laws meet international standards..." |
| Language: | | English |
| Source/publisher: | | Human Rights Watch (HRW) |
| Format/size: | | html |
| Date of entry/update: | | 17 March 2012 |
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Martial law decrees, States of Emergency etc.
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Martial law decrees, States of Emergency etc. (commentary)
Individual Documents
| Title: | | BURMA: President too quick to proclaim state of emergency |
| Date of publication: | | 23 March 2013 |
| Description/subject: | | "The Asian Human Rights Commission has been following with concern news of the latest outbreak of communal violence in Burma. Although the circumstances of how the violence began are clouded, the president on 22 March 2013 declared an indefinite state of emergency over four townships of Mandalay Region--Meikhtila, Wundwin, Mahlaing and Thazi--after the imposition of an order under section 144 of the Criminal Procedure Code on March 20 to shut down businesses until the situation improved failed to quell growing conflict that has officially left eleven people dead. Eyewitness accounts put the number of dead possibly in the dozens, with many people besides injured.
It would be disingenuous of the authorities in Burma to describe the violence as unexpected. Throughout the latter part of 2012, they permitted demonstrations by thousands of persons calling for the expulsion from the country of Muslims in the west alleged to have entered illegally. At that time, a number of reprise attacks occurred against targets in other parts of the country, although these did not spread widely and attracted little media attention. Yet now the response has been, as previously, to react with the introduction of a state of emergency as if confronted with an event that was wholly unexpected, for which the authorities had not been prepared..." |
| Source/publisher: | | Asian Human Rights Commission (AHRC) |
| Format/size: | | html |
| Date of entry/update: | | 23 March 2013 |
|
| Title: | | A law in force and its effects |
| Date of publication: | | 15 August 2009 |
| Description/subject: | | Commentary on the status of laws enacted under the 1974 Constitution |
| Author/creator: | | A Lawyer |
| Language: | | English |
| Source/publisher: | | "The New Light of Myanmar" |
| Format/size: | | pdf (19K) |
| Date of entry/update: | | 15 August 2009 |
|
| Title: | | Burma's State Protection Law: An Analysis of the Broadest Law in the World |
| Date of publication: | | December 2001 |
| Description/subject: | | Forword by H. E. U Thein Oo, Minister of Justice, National Coalition Government of the Union of Burma.... Contents:
Foreword by H.E. U Thein Oo; Introduction; The Constitutional Period, 1948-1962; Military Rule, 1962-1974;
Military Rule, 1974-1988; Military Rule, 1988-1997;
Military Rule, 1997 to date; The State Protection Law of 1975: Articles 1 and 2: Name and Definitions;
Articles 3 to 6: State of Emergency; Articles 7 to 9: Restrictions of Rights; Articles 10 to 15: Preventive Detention; Article 16: No Real Provisions for Review; Articles 17 and 18: Reporting;
Articles 19 to 21: Appeal; Articles 22 to 24: General Provisions;
State Protection and Preventive Detention;
Is Burma Changing Towards Rule of Law?;
Conclusion. |
| Author/creator: | | P. Gutter and B.K. Sen |
| Language: | | English |
| Source/publisher: | | Burma Lawyers' Council |
| Format/size: | | pdf (255K) |
| Date of entry/update: | | 2001 |
|
| Title: | | MYANMAR (BURMA): NEW MARTIAL LAW PROVISIONS ALLOWING SUMMARY OR ARBITRARY EXECUTIONS AND RECENT DEATH SENTENCES IMPOSED UNDER THESE PROVISIONS |
| Date of publication: | | August 1989 |
| Description/subject: | | "Since January 1989, especially since March and again in June and July, the
tempo of political arrests has accelerated in Myanmar as the main student
groups and political parties have organized more frequent and larger
gatherings at which opinions increasingly critical of the authorities have
been voiced. In a document made public on 14 July 989. Myanmar (Burma):
Call for Dissemination and Enforcement of International Standards on the
Use of Force, Amnesty International expressed the hope that martial law
restrictions on civil liberties currently imposed by the armed forces in
Myanmar would not be enforced through the deliberate killing of
demonstrators, contrary to international standards on the use of force and
the right to life.
On 17 and 18 July 1989 the martial law administration empowered the
military to impose death sentences on political opponents, including people
not accused of violence, through summary judicial procedures that fall
short of international standards for fair trial and are contrary to the
safeguards enshrined in the Myanmar Judicial Law. These deficiencies
include allowing the death penalty for non-violent, not clearly criminal or
else only minor offences, elimination of the right of appeal to a higher
court and apparent curtailments of the right to a defence, particularly as
regards the calling of defence witnesses.
The new martial law provisions could lead to arbitrary executions and
Amnesty International has called on the authorities not to execute three
political prisoners sentenced to death under them on 27 July 1989 The
three are accused of involvement in a terrorist bombing. They have 30 days
in which to ask the Myanmar armed forces Commander-in-Chief to review their
sentences. Unless he orders their reprieve, they will be hanged..." |
| Language: | | English |
| Source/publisher: | | Amnesty International (ASA 16/15/89) |
| Format/size: | | pdf (71K) |
| Date of entry/update: | | 19 August 2005 |
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Martial law decrees, States of Emergency etc. (texts)
Individual Documents
| Title: | | Declaration No. 6/88 of the State LORC |
| Date of publication: | | 25 September 1988 |
| Source/publisher: | | "The Working People's Daily" |
| Format/size: | | pdf (37K) |
| Date of entry/update: | | 15 August 2009 |
|
| Title: | | Announcement No. 1/88 of the State Law and Order Restoration Council, 18 September 1988 |
| Date of publication: | | 18 September 1988 |
| Description/subject: | | The decree establishing the STate Law and Order Restoration Council...
"1) In order to effect a timely halt to the deteriorating conditions on all sides all over the country and for the sake of the interests of the people, the Defence Forces have assumed all power in the state with effect from today so as to carry out the following tasks immediately:..." |
| Language: | | English |
| Source/publisher: | | SLORC |
| Format/size: | | html (5K) |
| Date of entry/update: | | 21 February 2004 |
|
| Title: | | SLORC Order 2/88 of 18 September 1988 |
| Date of publication: | | 18 September 1988 |
| Description/subject: | | Order No. 2/88 of the Organization for Building Law and Order in the State, dated 18 September 1988 - the 8th day of the waxing moon of Tawthalin, 1350...
"In order to ensure law and order, and peace and tranquility, as well as to ensure the security and ease of transport and communications and the people's livelihood, the chief of staff, Office of the Chief of Staff, issues the following order for all monks and people to abide by:..." |
| Language: | | English |
| Source/publisher: | | SLORC |
| Format/size: | | html (6K), Word (25K) |
| Alternate URLs: | | http://www.ibiblio.org/obl/docs3/SLORC_Order_2-88.doc |
| Date of entry/update: | | 08 August 2005 |
|
| Title: | | SLORC Order No. 1/88 |
| Date of publication: | | 18 September 1988 |
| Description/subject: | | Order No. 1/88 of the Organization for Building Law and Order in the State, dated 18 September 1988 -- the 8th day of the waxing moon of Tawthalin, 1350...
"The Organization for Building Law and Order in the State has been formed with the following persons:..." |
| Language: | | English |
| Source/publisher: | | SLORC |
| Format/size: | | html (8K), Word (25K) |
| Alternate URLs: | | http://www.ibiblio.org/obl/docs3/SLORC_Order_1-88.doc |
| Date of entry/update: | | 08 August 2005 |
|
| Title: | | State Protection Law (The Law to Safeguard the State Against the Dangers of Those Desiring to Cause Subversive Acts) - Burmese |
| Date of publication: | | 05 February 1975 |
| Description/subject: | | Pyithu Hluttaw Law No. 3, 1975. "The People’s Assembly enacts the following Law in order
to prevent the infringement of the sovereignty and security of the Union of Burma against any
threat to the peace of the people, and against the threat of those desiring to cause subversive
acts causing the destruction of the country, without impeding citizens’ fundamental rights..." |
| Language: | | Burmese |
| Source/publisher: | | Pyithu Hluttaw |
| Format/size: | | pdf |
| Date of entry/update: | | 2001 |
|
| Title: | | THE PUBLIC ORDER (PRESERVATION) ACT [BURMA ACT XVI, 1947] (3rd April, 1947) |
| Date of publication: | | 03 April 1947 |
| Language: | | English |
| Source/publisher: | | "Burma Code, Vol. II, Government of the Union of Burma via Burma Lawyers Council |
| Format/size: | | html, pdf (97K) |
| Alternate URLs: | | http://www.burmalibrary.org/docs12/Public_Order_Preservation_Act_(1947).pdf |
| Date of entry/update: | | 11 October 2011 |
|
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Opinion and expression
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Bills, laws, decrees, bylaws and regulations related to opinion and expression (commentary)
Individual Documents
| Title: | | Myanmar draft printer’s law to reverse media freedom gains |
| Date of publication: | | 11 March 2013 |
| Description/subject: | | "The media community in Myanmar, international groups and observers are abuzz with criticism towards and protest against the Ministry of Information’s (MOI) draft Printers and Publishing Enterprise Law (PPEL) submitted to Parliament recently. And rightfully so.
The PPEL bill ensures government's continued grip on the print media through licensing controls, which represent a renewal of the old 1962 Printers and Publications Act (PPA). Furthermore, the MOI’s lack of transparency surrounding the process points to a regime still unwilling to embrace media freedom in its fullest sense.
The bill is being introduced by the MOI for the ostensibly benign purpose of establishing rules for conducting such businesses. Apart from the PPEL, bills to regulate the broadcast and online media are also on the agenda of the government..."...Commentary includes Burmese text |
| Language: | | English, Burmese |
| Source/publisher: | | Southeast Asian Press Alliance (SEAPA) |
| Format/size: | | html |
| Date of entry/update: | | 26 March 2013 |
|
| Title: | | Myanmar: Press bill falls far short of international law and would leave press open to abuse (English and Burmese) |
| Date of publication: | | 27 February 2013 |
| Description/subject: | | "Despite promises of reform, a new press bill to be presented in parliament retains a vagueness that will leave the print media open to abuse from the government and other powerful actors.
"The draft Press Law Bill (2013) says that the media should become “a fourth pillar” of democracy “watching and guiding the other three”. The media will not however become a fourth pillar under this draft because it undermines their role and overly restricts their work...The bill has both positive and negative aspects. On the positive side, it repeals draconian laws and replaces them with provisions that proclaim human rights. On the negative side it falls substantially below international freedom of expression standards..." |
| Language: | | English, Burmese/ ျမန္မာဘာသာ |
| Source/publisher: | | Article 19 |
| Format/size: | | html (Commentary, English and Burmese), pdf (3.35-draft bill) |
| Alternate URLs: | | http://www.article19.org/resources.php/resource/3626/my/%E1%80%BB%E1%80%99%E1%80%94%E1%80%B9%E1%80%... |
| Date of entry/update: | | 27 February 2013 |
|
| Title: | | Myanmar: The Decree on the Right to Peaceful Assembly and Peaceful Procession 2012 - Legal Analysis (English and Burmese) |
| Date of publication: | | 20 September 2012 |
| Description/subject: | | Executive Summary and Recommendations: In July 2012, "ARTICLE 19 analysed the Decree on the Right to Peaceful Assembly and
Peaceful Procession of Myanmar, adopted by the Government of the Republic of the Union of
Myanmar on 5 July 2012.
The provisions of the Decree were examined for their compliance with international standards
on human rights. Myanmar has neither signed nor ratified the International Covenant on Civil
and Political Rights or other principal human rights treaties. Nevertheless, ARTICLE 19
suggests that guarantees to the right to freedom of expression and freedom of assembly, as
provided by Article 364 of the Constitution of Myanmar, allow a wide scope for interpretation
and that international standards regarding these rights should provide guidance to such an
interpretation.
In the analysis, ARTICLE 19 appreciates the Decree’s recognition of the state duty to protect
assembly participants. However, the requirement for permission to hold an assembly, the
grounds for denying permission, the lack of a court appeal and the absence of guarantees for
media access to assemblies are problematic and must be urgently revised. ARTICLE 19 also
calls on the Government of Myanmar – in consultation with civil society - to review other
legislative measures in light of international standards and to make them compliant with
these standards.
Recommendations
ARTICLE 19 calls on the Government of Myanmar:
• To sign and ratify the International Covenant on Civil and Political Rights;
• To invite the UN special rapporteur on freedom of peaceful assembly and association
and the special rapporteur on freedom of opinion and expression to visit Myanmar;
• To ensure that the right to peaceful assembly and the right to freedom of expression
are safeguarded in line with international standards;
• To revise the Decree on the Right to Peaceful Assembly and Peaceful Procession in
accordance with international standards on freedom of expression and freedom of
assembly, as recommended by ARTICLE 19;
• To initiate public discussion about the current legal framework on peaceful assemblies
and engage in consultation with civil society representatives on how to improve the
relevant legislation.
ARTICLE 19 calls on civil society in Myanmar:
• To engage in public debates and consultation with the government on how to improve
the domestic legislation on peaceful assembly;
• To form coalitions between civil society organisations and launch public education
campaigns on the right to peaceful assembly and the right to freedom of expression;
• To draft legislative proposals and advocate for specific changes in domestic legislation
aiming at the improvement of the protection of the right to peaceful assembly and the
right to freedom of expression;
• To seek partnerships with international organisations in a specific mandate on the
right to freedom of expression and the right to peaceful assembly." |
| Language: | | English, Burmese/ ျမန္မာဘာသာ |
| Source/publisher: | | Article 19 |
| Format/size: | | pdf (346K-English; 6.54MB-Burmese)) |
| Alternate URLs: | | http://www.article19.org/data/files/medialibrary/3440/12-09-19-LA-Myanmar-BU.pdf
http://www.article19.org/resources.php/resource/3440/en/myanmar:-law-on-assembly-and-procession-inc... |
| Date of entry/update: | | 24 September 2012 |
|
| Title: | | Analysis of the Guarantees of Freedom of Expression in the 2008 Constitution of the Republic of the Union of Myanmar August 2012 |
| Date of publication: | | August 2012 |
| Description/subject: | | "When it was first introduced in 2008, the new Constitution of the Republic of the Union
of Myanmar was deemed to be a great improvement over the previous constitution. An
important part of this was the more robust guarantees it included for human rights. And
an important part of the latter was its relatively strong guarantees for freedom of
expression.
At the same time, the guarantees for freedom of expression in the 2008 Constitution do
not fully meet international standards in this area. This Analysis outlines the key
attributes of international standards, and indicate how the guarantees of freedom of
expression in the 2008 Constitution fail to meet these standards..." |
| Language: | | English |
| Source/publisher: | | Centre for Law and Democracy (CLD); International Media Support (IMS) |
| Format/size: | | pdf (456K) |
| Date of entry/update: | | 03 September 2012 |
|
| Title: | | Burma: Role of freedom of expression in democratisation processes |
| Date of publication: | | 29 March 2012 |
| Description/subject: | | 29 Mar 2012
Presentation to the Conference on Media Development in Myanmar, Organised by the Ministry of Information and UNESCO Rangoon, Myanmar, March 19-20, 2012.....CONCLUSION:
"...At the outset I emphasised that law is the essential business of government and noted the critical part to be played by the tripartite system of law making, law enacting and law protection. The legislators, executive and judiciary fulfil critical functions without which the rule of law fails and the fabric of sustainable society falls.
To set solid foundations for sustainable society, there are important laws, which should be drafted according to international standard and enacted accordingly. Critical are those that protect and uphold the rights to freedoms of expression, assembly and information and freedom of the press. They are a stable society’s backbone and shoulder blades.
Robust legal frameworks for freedoms of expression, information and the media are critical and irrevocable human rights in their own right. They are also powerful social goods in that they enable government to fulfil its tri-partite functions, to maintain its responsibilities to the law and to uphold the best practices of good governance. The transparency provided by freedom of information, the scrutiny provided by freedom of the press and the critique provided by freedom of expression create the environment in which high quality accountability government can flourish and deepen.
In other words if law is the skeletal framework on which stands and falls the strength and sustainability of a society, then the rights to freedoms of expression, information and the press is also a government’s personal trainer! A challenge, a goal, an encouragement and a motivator: without which no government can perform to the highest standard or achieve the best possible for those who give governments its raison d’etre: the people." |
| Author/creator: | | Agnes Callamard |
| Language: | | English |
| Source/publisher: | | Article 19 |
| Format/size: | | html |
| Date of entry/update: | | 01 April 2012 |
|
| Title: | | Acts of Oppression: Censorship and the law in Burma |
| Date of publication: | | March 1999 |
| Description/subject: | | "Freedom of expression has been one of the prime casualties of prolonged military rule in Burma. Since the army first began
controlling the levers of state power in 1962, numerous publications have been censored or banned; hundreds of journalists,
writers, poets, playwrights and cartoonists, as well as pro-democracy activists have been arrested, detained or sentenced to long
prison terms, tortured, ill-treated or otherwise harassed, even killed, and tens of thousands of ordinary people have been punished
simply for peacefully expressing their views. The impact has been immense and crippling, reverberating through all aspects of life
in Burma and blighting the country?s social, cultural and, particularly, economic development. Years of strong-arm military
dictatorship and misrule, buttressed by one of the world?s severest censorship regimes and systematic abuse of human rights, have
driven thousands of Burma?s citizens to seek refuge abroad and marked out Burma as a pariah within the international community
of nation states..."
Contents: I) INTRODUCTION; II) POLITICAL AND CONSTITUTIONAL BACKGROUND; III) FREEDOM OF EXPRESSION: AN HISTORICAL OVERVIEW; IV) THE STATE OF THE RULE OF LAW; V) FREEDOM OF EXPRESSION AND ITS PROTECTION IN LAW: (a) The constitutional position; (b) Specific legislative measures: a detailed analysis: 1 The Printers and Publishers Registration Law 1962; 2 Emergency Provisions Act 1950; 3 State Protection Law 1975; 4 The Television and Video Law; 5 The Motion Picture Law; 6 The Computer Science Development Law; 7 The Official Secrets Act 1923; 8 Other Laws. VI) EXTRA-LEGAL DENIAL OF FREE SPEECH.
VII) CONCLUSIONS AND RECOMMENDATIONS. |
| Author/creator: | | Venkat Iyer |
| Language: | | English |
| Source/publisher: | | Article 19 (ISBN 1 902598 04 0) |
| Format/size: | | html (102K) |
| Alternate URLs: | | http://www.article19.org/pdfs/publications/burma-acts-of-oppression.pdf |
| Date of entry/update: | | 03 June 2003 |
|
| Title: | | Burma Beyond the Law |
| Date of publication: | | August 1996 |
| Description/subject: | | "...Decades of military rule in Burma have prevented the rule of law from taking deep
root during the country's post-colonial history. The concept of the rule of law suffered
a particularly severe blow with the accession to power of the SLORC in the coup
d'etat of 18 September 1988. Most of the laws passed since that date reveal a
persistent disregard for internationally-recognized human rights norms. What is more,
the few vestiges of constitutionalism and legality that remained at the time of the coup
have been all but extinguished by this military government whose legitimacy to
govern is highly questionable both under Burmese domestic law and international law...An indication of its lack of good faith is provided by the manner in which it
has sought to force through proposals for constitutional reform which are designed to
perpetuate military rule under the guise of democratic government. The National
Convention, which it created without any mandate or consultation and whose working
methods are so patently unfair and lacking in either transparency or legitimacy, bodes
ill for the future of democracy and freedom in Burma.
Urgent action is required to establish the rule of law, human rights and
governmental accountability in Burma. Many of these recommendations have been
made by the UN General Assembly and the Commission on Human Rights in
successive resolutions on Burma since 1990..."
FOREWORD...
INTRODUCTION...
1 INACCESSIBILITY AND VAGUENESS OF LAWS...
2 CONSTITUTIONAL BACKGROUND...
3 THE LEGITIMACY OF THE COUP D'ETAT OF 18 SEPTEMBER 1988...
4 THE SLORC'S REFUSAL TO TRANSFER POWER:
4.1 The Position Under International Law;
4.2 The Position Under Burmese Domestic Law...
5 THE MARTIAL LAW MEASURES AND THEIR COMPATIBILITY WITH
INTERNATIONAL LAW:
5.1 Some General Considerations;
5.2 The Martial Law Measures: A Detailed Analysis;
5.2.1 The Right to Life;
5.2.2 Arbitrary Arrest and Detention;
5.2.3 Cruel and Inhuman Detention Conditions;
5.2.4 Torture and Other Cruel, Inhuman or Degrading Treatment;
5.2.5 Fair Trial Concerns;
5.2.6 Freedom of Expression;
5.2.7 Forced Relocations;
5.2.8 Forced Labour and Forced Portering;
5.2.9 Citizenship Rights;
5.2.10 Freedom of Movement, Assembly and Association;
5.2.11 Right to Democratic Participation;
5.2.12 Human Rights Violations against Children and Women;
5.3 Violations of International Humanitarian Law...
6 CONSTITUTIONAL DEVELOPMENTS: THE NATIONAL CONVENTION...
7 THE SLORC'S SENSITIVITY TO INTERNATIONAL CRITICISM...
8 CONCLUSIONS AND RECOMMENDATIONS. |
| Author/creator: | | K S Venkateswaran |
| Language: | | English |
| Source/publisher: | | Article 19 |
| Format/size: | | pdf (359K) |
| Alternate URLs: | | http://www.article19.org/pdfs/publications/burma-beyond-law.pdf |
| Date of entry/update: | | 11 June 2005 |
|
| Title: | | Censorship Prevails: Political Deadlock and Economic Transition in Burma |
| Date of publication: | | March 1995 |
| Description/subject: | | "Burma remains one of the most heavily censored states in the world. The main instrument of day-to-day censorship continues to
be the Printers and Publishers Registration Law of 1962. Introduced shortly after the military coup which brought Gen. Ne Win
and his newly-formed BSPP to power, the law has been repeatedly expanded in scope and severity over the years, including by
the present SLORC government.
Currently, all books, magazines, periodicals, songs and films must be submitted under this law to the Press Scrutiny Board (PSB)
prior to being printed or, in some cases, distributed. Books, for example, must be submitted to the PSB before printing and again
afterwards to check that no changes have been made, whereas magazines, which must be legally registered, are required to take
the more risky method of submitting copies for censorship only after they have been printed. Under the 1985 Video Law, all
videos must also be submitted to the Video Censorship Board (which comes under the Film Censorship Board) for
pre-publication scrutiny, reflecting the authorities' nervousness about the rapid proliferation of this form of expression..."
Contents: 1 Overview of Recent Events; 2 Continuing Mechanisms of Censorship; 3 New Developments in the State Media; 4 Alternative Expression and the Private Sector Media; 4.1 Business Publications; 4.2 Film and Video; 4.3 Literary Rallies; 5 The SLORC's Political Reform Process; 6 Academic Freedom and Education; 7 Constraints on Freedom of Association and Movement; 8 Ethnic Minority Languages and Literature; 9 Foreign Media and Non-Governmental Organizations; 10 Conclusion and Recommendations.
Appendix: Writers and Political Activists Imprisoned for the Peaceful Expression of Their Opinions. |
| Author/creator: | | Martin Smith |
| Language: | | English |
| Source/publisher: | | Article 19 (ISBN 1 870798 77 5) |
| Format/size: | | html (121K) |
| Alternate URLs: | | http://www.article19.org/pdfs/publications/burma-censorship-prevails.pdf |
| Date of entry/update: | | 03 June 2003 |
|
| Title: | | State of Fear: Censorship in Burma (Myanmar) |
| Date of publication: | | December 1991 |
| Description/subject: | | "...T h i s report documents the extent and mechanisms of censorship
in Burma and the many restrictions on political, cultural,
religious and academic freedoms, both under the former BSPP
government and its successor, the SLORC, which assumed
power in September 1988. Since then, writers and journalists
have continued to be detained, harassed and dismissed from
their posts. Publications have been banned and, using new
martial law restrictions, press censorship has been further tightened.
Foreign journalists have been banned and the SLORC has
launched frequent attacks on foreign news organizations and
journalists..." 3 The Background to Crisis:
3.1 Economic and Social Collapse;
3.2 Ethnic Strife and Civil War;
3.3 Narcotics and AIDS;
3.4 Ecology;
3.5 Refugees;
3.6 The Issue of Human Rights...
4 Development of the Press in Burma:
4.1 The Colonial Era;
4.2 The Parliamentary Era...
5 The Legacy of the Burma Socialist Programme
Party (BSPP):
5.1 The Ne Win Period;
5.2 The Media Under Ne Win;
5.3 The 1974 Constitution;
5.4 The Publishing Registration Law;
5.5 Alternative Expression;
5.6 Ethnic Minorities and Burmanization;
5.7 Religious Minorities;
5.8 Literacy...
6 The Press in the 1988 Democracy Summer:
7 The State Law and Order Restoration Council
(SLORC);
7.1 SLORC Claims of Legitimacy;
7.2 SLORC's Use of the Law;
7.3 SLORC Actions in the pre-Election Period;
7.4 Restrictions on Movement and Forced Relocations
of Civilians...
8 The 1990 General Election:
8.1 Arrests and Retrospective Laws in the
post-Election Period;
8.2 Continuing Use of Press Laws to Stifle Freedom of
Expression;
8.3 Ill-Treatment and Death in Custody of Poltical Prisoners...
9 Cultural and Political Expression Under the SLORC:
9.1 Newspapers;
9.2 SLORC's Cultural Revolution;
9.3 Music and Films;
9.4 Journals, Books and Magazines;
9.5 Education;
9.6 Restrictions on Public Servants and Political Parties;
9.7 Religious Freedom;
9.8 Ethnic Minorities;
9.9 The Insurgent Press...
10 The SLORC and the International Community:
10.1 The Foreign Press;
10.2 The International Response;
10.3 The Reply from the SLORC;
10.4 The Role of the United Nations...
11 Summary of the SLORC Period and Prospects
for the Future...
12 Conclusions and Recommendations...
Appendix 1: Journalists,Writers and Intellectuals
in Detention;
Appendix 2: Country Statistics...
Appendix 3: Extracts from "What has become of us?"
by Min Lu...
Appendix 4: SLORC Questionnaire to Public Servants,
1 April 1991...
Appendix 5: SLORC Questionnaire to Political Parties, 5 August 1991...
Appendix 6: Multilateral and Bilaterall Aid to Burma...
Appendix 7: Foreign Company Investments and Trade
in Burma...
Select Bibliography.
ISBN 1 870798 71 6 |
| Author/creator: | | Martin Smith |
| Language: | | English |
| Source/publisher: | | Article 19 |
| Format/size: | | pdf (451K - without covers; 720K - with covers) |
| Alternate URLs: | | http://www.ibiblio.org/obl/docs3/State-of-Fear-ocr.pdf (with covers) |
| Date of entry/update: | | 11 June 2005 |
|
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Religion
-
Laws and decrees related to religion (commentary)
Individual Documents
| Title: | | Law and Religion in Burma |
| Date of publication: | | April 2001 |
| Description/subject: | | "Burma was annexed by the British through the three wars in 1824-1826, 1852-1853 and 1885-1886. When colonial rule started, it
was British policy (as in other British colonies) not to interfere with local religion. The British did not want to create further
confrontations. If they had not adopted this policy, there would have been more uprisings and more discontent among the people.
And that would have endangered the position of the British. The policy reflected the experience of the colonial administrators in
the implementation of colonial rule in India in the 18th century...Although according to the regime there is religious freedom in Burma, the
reality is that there is religious discrimination. The junta is suppressing Muslims and Christians in order to disperse them, while it
pretends to promote Buddhism. Buddhism is promoted by the military at the expense of other religions to increase SPDC?s
nationalism. The generals systematically use propaganda in their attempts to falsely convince the Buddhists that the military regime
is representing their interests.49 Such is the state of Law and Religion in Burma today. Under the cloak of law, Buddhists are
suppressed and the Sangha curtailed, as these are among the most active in the struggle for the restoration of democracy and
human rights." |
| Author/creator: | | Peter Gutter |
| Language: | | English |
| Source/publisher: | | "Legal Issues on Burma Journal" No. 8 (Burma Lawyers' Council) |
| Alternate URLs: | | The original (and authoritative) version of this article may be found in http://www.ibiblio.org/obl/docs/Legal%20Issues%20on%20Burma%20Journal%208.pdf |
| Date of entry/update: | | 03 June 2003 |
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