Activists push for abolition of 'elastic' Section 18

As activists and civic organisations push for the abolition of Section 18 of the controversial 2011 law on peaceful assembly and protests, the number of people being arrested for allegedly violating this law has been increasing. 

However, this law is elastic, as it leaves the decision to take action against violators entirely up to the authorities. Hence, when a group of Muslims staged a protest near Sule Pagoda in Yangon last year, demanding the arrest of those who allegedly killed 10 Muslims in the Taunggup township, the authorities decided to do nothing. 

However, when Htin Kyaw and Win Cho rallied against the rising price of commodities, they were charged with violating Section 18. Similarly, those protesting against the Letpadaungtaung copper mine project were charged for violating Section 18 and were thrown in jail, Wai Lu of Yangon Serving People’s Interest Network said. 

As per Section 18, violators face a fine as well as a month in jail. 

Advocate Aung Thein said Sections 5 and 18 are related to peaceful assembly, but because they hold the police force above the 2008 Constitution, they should be abolished. 

The police force announced that there had been 101 protests so far, but 95 of them had not been granted permits. Hence, some 200 protesters are still facing charges for protesting without permission. 

Though permission is generally sought for staging protests, concerned authorities usually do not grant them. For instance, the 10 residents of Maday Island, who held a protest against the Shwe natural gas pipeline project in April last year, are still facing trial for gathering without permission.

Apart from Section 18, Section 505 of the Penal Code is also being used to charge those who stage protests. 

Some activists say they will have to take action if Sections 18, 505 as well as the Printing Law and Unofficial Association Law cannot be abolished. At a workshop organised by the “88” Generation Peace and Open Society on July 24 participants said they should encourage administrative bodies, including the president, to amend or abolish these sections and laws. 

However, Tin Maung Win, secretary of the Citizens’ Privileges, Democracy and Human Rights Committee, said these sections and laws were fine the way they were and that everybody would be secure if the regulations were respected. As for Section 5 allowing police officers to above the rule of law, it was approved by the parliament, he said, though this could be discussed if the people want. 

“We have not discussed the proposal of abolishing Section 18 yet. As for the criticism, we don’t have any comments,” Myint Tun, secretary of Lower House’s Judicial and Legal Affairs Committee, said.

“The parliament has to listen to the people’s voice. Since the authorities have the power to control protests, it is difficult to practice democracy. In relation to some laws, weaknesses and difficulty have been found in the Parliament,” said Phyoe Phyu of Purple Equity Law Firm.