MPs seek to scrap law against peaceful protest
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A proposal to abolish the Section 18 of the controversial Peaceful Assembly and Procession Law has been submitted to parliament, according to Lower House MP Win Myint. Legal experts argue that the Law disregards citizens' constitutional rights of freedom
Last Wednesday seven people were charged in Mandalay under Section 18, the latest in a series of cases around the country that has seen heavy penalties handed to peaceful protesters.
“The law of peaceful assembly and procession is already described in the Constitution but the authorities did not give permission for that. For that reason, this law goes against the Constitution,” said MP Win Myint, who is also Secretary of the parliamentary committee on rule of law, stability and peace.
Section 354 (b) of the 2008 Constitution indicates that every citizen shall be at liberty to hold assembly and procession peacefully without arms, if it is not contrary to the laws, peace and tranquility.
The legislature will have to debate which of the two laws has precedence.
Kyee Myint, Advocate of Supreme Court, has argued that other countries have similar laws to Myanmar and that those wishing to stage a protest should submit a request to the concerned local authorities to grant permission and due protection.
However, under the pretext of rule of law, peace and tranquility, the authorities rarely give permission for peaceful assembly and procession. The power is delegated to the local police force and the police are not legal experts, said advocate Than Soe of the Supreme Court.
“Those who wish to stage a protest have to ask for permission from the township police force. If the submission is not contrary to the laws, the authorities have no right to turn down it,” said Than Soe.
MP Thein Nyunt of the New National Democracy Party said that many of the charges levied under Section 18 were too severe. The already-drafted law must be followed. A first offence should carry a fine instead of a jail term, which under current conditions can be up to a year, said Thein Nyunt.
Naw Ohn Hla was recently charged for protesting against President Thein Sein’s remarks over the controversial Letpadaungtaung copper-mine in central Myanmar.
She and five colleagues from the Democracy and Peace Women Association are now facing a total of 26 charges in Yangon courts for protesting peacefully without permission.
Six workers from Taw Win Wood Factory in Yangon and their helper, activist Kyaw Min from Action Labour Rights, are also now facing heavy penalties. So are activists from the Kachin Peace Network who staged demonstration back in September 2012 calling for an end to the civil war and for peace to prevail in the country.
