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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