Description:
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."
Source/publisher:
Article 19
Date of Publication:
2012-09-20
Date of entry:
2012-09-24
Grouping:
- Individual Documents
Category:
Language:
English, Burmese (မြန်မာဘာသာ)