Protestors jailed for demonstrating "without permission"
Published on Friday, 14 June 2013 21:08
Seven protestors were jailed on Wednesday and more sentenced for demonstrating without permission by local authorities in Mandalay. The sentences are the latest in a number of cases under a controversial law that activists say goes against their constitutional rights to freedom of assembly.
On June 12, Aye Thein, Win Swe Myint and Sein Aung were each given a one year and three month prison sentence for protesting against the relocation of Kinetan Market in Mandalay back on August 7, 2012.
Their colleagues Nyi Nyi Kyaw, Ni Ni Aung, Nwe Nwe Oo and Thal Thal were each given three month for the same offence in a case that has taken 10 months to resolve.
The protesters were charged for demonstrating without permission which is a requirement under Section 18 of the Peaceful Assembly and Procession Law. According to the Law, if one is convicted of protesting without required permission from the authorities, he or she will be sentenced for maximum one year and charged 30,000 kyats.
Critics have argued that Section 18 goes against the constitutional rights of citizens that guarantee freedom of assembly and procession. According to the Section 354 (b) of the 2008 Constitution, every citizen shall be at liberty to hold assembly and procession peacefully without arms, if it is not contrary to the laws, peace and tranquillity.
"The law's Section 18 is inconsistent with the section 354 (b) in Chapter (8) of the Constitution which mentions the citizens' rights and duties," said lawyer Thein Than Oo.
Naw Ohn Hla was also charged for protesting against President Thein Sein's remarks over the controversial Letpadaungtaung copper-mine in central Myanmar during a recent visit to the United States. She and her five friends from the Democracy and Peace Women Association are now facing a total of 26 charges in the township courts of Yangon region for protesting without permission.
Lawyers have said that they oppose the Peaceful Assembly and Procession Law and have requested numerous time for Parliament to amend the law.
"The Constitution is the most supreme law in the country. Section 18 is just that of a by-law. Now, a section of a by-law seems to be influencing the most supreme law. If the Constitution allows [freedom of peaceful assembly and procession] the by-laws should allow it, too," said Soe Tint Yi, an advocate from the Lawyers Network.
Others prosecuted under Section 18 include six workers from Taw Win Wood Factory in Yangon and their helper, activist Kyaw Min from Action Labour Rights, who protested without permission for better working conditions.
Aung Hmine San, a member of the All Burma Federation of Student Unions (ABFSU) has been vocal in defending constitutional freedoms of speech and peaceful demonstration.
"The right to freedom of procession that 2008 Constitution gives citizens seems to have been withdrawn by the section 18 of the peaceful procession law," said the ABSFU leader.
"We believe freedom of procession, freedom of speech and freedom of forming associations are inalienable human rights. They are not something we need to ask from others. When dealing with the authorities for a procession, we should only be required to notify not request permission," he added.
Six persons from the Kachin Peace Network are also facing similar charges under Section 18. They staged demonstration back in September 2012 calling for an end to the civil war and for peace to prevail in the country.
Source: http://www.articles.myanmaronlinecentre.com/protestors-jailed-for-demonstrating-without-permission/
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