“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.”
The Burmese government has long used laws banning marches, demonstrations, and gatherings of more than five people to arrest, prosecute, and imprison peaceful protesters. While ostensibly accepting the right of peaceful assembly, the new law makes the right subject to the overbroad control and the discretion of the authorities, Human Rights Watch said. Under international law, legal restrictions on basic freedoms should be clearly and narrowly identified, strictly necessary, and proportionate.
The new assembly law requires anyone planning a demonstration to seek permission from the township police chief five days in advance. Permission is required for any gathering of “more than one person in a public area … in order to express their opinions.” The authorities are required to respond 48 hours before the planned gathering. If permission is denied, the authorities must offer reasons.
The original bill banned shouting slogans at public assemblies. Parliament amended the final bill to allow slogans, but only if they are pre-approved. “Requiring approval for the content of slogans shows just how far the government needs to go to understand basic freedoms,” Adams said. “Peaceful protesters shouldn’t go to jail just because a police officer may not like what they said.”
“The real test of new laws will be to see what happens when Burmese attempt to use them,” Adams said. “Burma’s government will deserve kudos for legal reform only when people are allowed to exercise their basic rights.”
2012.03.15 Mizzima public-assembly-law-is-flawed
2012.03.15 The Irrawaddy Burma's New Law of Assembly Falls Short: HRW