‘GOING BACK TO THE OLD WAYS’

A NEW GENERATION OF PRISONERS OF CONSCIENCE IN On 8 November 2015 Myanmar will hold widely anticipated general elections – the first since President and his quasi-civilian government came to power in 2011 after almost five decades of military rule.

The elections take place against a backdrop of Under pressure from the international commu- much-touted political, economic, and social re- nity, in 2012 and 2013 President Thein Sein forms, which the government hopes will signal ordered mass prisoner releases which saw to the international community that progress is hundreds of prisoners of conscience freed after being made. years – and in some cases more than a decade – behind bars. These releases prompted cautious “As the election is getting near, most of the optimism that Myanmar was moving towards people who speak out are getting arrested. greater respect for freedom of expression. In I am very concerned. Many activists… are response, the international community began to facing lots of charges. This is a situation relax the pressure, believing that the authorities the government has created – they can pick could and would finally bring about meaningful up anyone they want, when they want.” and long-lasting human rights reforms.

Human rights activist from Mandalay, “They [the authorities] have enough July 2015. laws, they can charge anyone with anything. At the same time, they want Yet for many in Myanmar’s vibrant civil society, to pretend that people have rights. But the picture isn’t as rosy as it is often portrayed. as soon as you make problems for them Since the start of 2014, the authorities have or their business they will arrest you.” increasingly stifled peaceful activism and dis- sent – tactics usually associated with the former , former prisoner of conscience and military government. Human rights defenders, member of the 88 Generation Peace and Open political activists and other members of civil Society, June 2015. society are facing an intensified clampdown on their rights to freedom of expression, association It was not to be. Without that sustained interna- and peaceful assembly. The result has been an tional pressure, and faced with a grow-ing and alarming increase in arrests and detentions of increasingly vocal civil society, the authorities those peacefully exercising these rights, creating have been quick to revert to their old ways. a new generation of prisoners of conscience in Repression has intensified as the elections have the country. drawn closer, and the authorities have in-creas- ingly resorted to a range of tactics to keep ac- “In 2012 and 2013 the situation tivists and campaigners off the streets. These seemed better and more flexible but include using draconian, vaguely-worded laws; in 2014 and 2015 people started charging peaceful activists with non-bailable being charged and jailed again.” offences so they are kept in pre-trial detention; and imposing longer prison sentences. Thet Thet Aung, a former prisoner of conscience, June 2015. Today scores of prisoners of conscience languish behind bars, while hundreds of others are facing “The authorities are targeting leading charges – and prison – simply for the peaceful activists, media people – in particular exercise of their rights. The jailing of these new people who could be doing election prisoners of conscience – student protesters, po- monitoring, people who are very litical activists, media workers and human rights active and will support campaigns defenders, in particular land and labour activ- for certain political parties.” ists – should raise some very urgent questions about the process of reform. The international Aung Myo Kyaw, a former prisoner of community must make a renewed call to the conscience and member of the Assistance Myanmar government to respect human rights, Association for Political Prisoners – Burma in particular the rights to freedom of expression, (AAPP-B), June 2015 association and peaceful assembly. Myanmar’s jails must be cleared of prisoners of conscience once and for all.

WHAT IS A PRISONER OF CONSCIENCE?

LEFT Amnesty International considers as a prisoner of conscience any person imprisoned or otherwise Journalists protest in physically restricted solely because of his/her political, religious or other conscientiously held front of the Myanmar beliefs, ethnic origin, sex, colour, language, national or social origin, economic status, birth, Peace Centre in sexual orientation or other status, or for exercising his or her right to freedom of expression or during a visit other human rights – who has not used violence or advocated violence or hatred. by President Thein Sein on 12 July 2014. All prisoners of conscience must be set free at once and without conditions, and all charges or © REUTERS/ other proceedings against them dropped. Soe Zeya Tun

2 GOING BACK TO THE OLD WAYS AMNESTY INTERNATIONAL OCTOBER 2015 ASA 16/2457/2015 3 THE COMMUNITY CAMPAIGNER

Htin Kyaw is a well-known activist and outspoken government critic, who has been sentenced to a total of 13 years and four months in prison for his peaceful political activities. He is the leader of the MDCF, a community-based organization which campaigns against human rights violations and calls for justice and accountability for vic- tims and their families. PHYOE PHYOE AUNG Htin Kyaw is currently imprisoned in Insein prison THE STUDENT LEADER in Yangon. He was arrested in the city on 5 May ABOVE 2014 while making a speech and hvanding out On 10 March 2015 police arrested Phyoe Phyoe Phyoe Phyoe Aung leaflets cvriticizing the government and calling on Aung, leader of the All Burma Federation of Stu- at court hearings members of parliament to resign. He was initially dent Unions (ABFSU), one of Myanmar’s largest in May 2015. charged with inciting people to commit offences and most well-known student movements, in the © Private “against the State or against public tranquility”, midst of a violent police crackdown on largely but since then the authorities have brought a peaceful student protesters. She is currently BELOW raft of other charges against him for his various detained in Tharawaddy prison in Bago Region, Htin Kyaw is greeted by peaceful political activities, including a number where she is facing a raft of politically motivated supporters after being of peaceful protests against land acquisitions by charges which could see her sentenced to over released from Insein the authorities in April and May 2014. nine years in prison. prison in Yangon on 31 December 2013. Illustrative of the authorities’ dogged attempts The protests had begun some months earlier, © AFP/Getty Images to target Htin Kyaw is the fact that he has been shortly after a new Education Law was adopted sentenced to imprisonment under the same law by Myanmar’s Parliament. Students demanded in each of the 11 different townships of Yangon amendments, arguing that the law limited their where he distributed leaflets. The result is a academic freedom. In early February, student series of cumulative sentences which add up to groups led by Phyoe Phyoe Aung and others lengthy imprisonment. Sentences are served con- organized four concurrent marches of protesters secutively in Myanmar, rather than concurrently. throughout the country, which were to meet in “Ko Htin Kyaw’s morale is good. Yangon, Myanmar’s main city. As the students He is determined to continue his The authorities’ determination to silence Htin got closer to Yangon, tensions began to rise, com- Kyaw and his organization is also apparent in ing to a head on 10 March when they attempted work once outside of prison.” the fact that since his arrest at least nine oth- to dismantle a police blockade. The police re- er MDCF activists have been charged for their sponded by beating the protesters with batons, Member of the Movement for Democracy peaceful political activities and two others are including some who had fallen to the ground. Current Force (MDCF), July 2015 still detained.

Phyoe Phyoe Aung and more than 100 other stu- dent protesters, their leaders and supporters are now facing a range of criminal charges, including taking part in an unlawful assembly; joining or continuing an unlawful assembly knowing it has been dispersed; “rioting”; voluntarily causing hurt to deter a public servant from his duty; and inciting the public to commit offences “against MYANMAR’S NEW the State or against public tranquility”. “I want to be able to contribute, as a good citizen, in whatever way I can, in whatever role I PRISONERS OF have, either to build the nation, to transform the country, or to revolutionize the system.”

Prisoner of conscience Phyoe C0NSCIENCE Phyoe Aung, June 2015

4 GOING BACK TO THE OLD WAYS AMNESTY INTERNATIONAL OCTOBER 2015 ASA 16/2457/2015 5 NAW OHN HLA ZAW WIN THE CONSTANT PROTESTER THE SOLO PROTESTER

Naw Ohn Hla is a prominent human rights other peaceful protests she took part in during BELOW Zaw Win is a lawyer from Pyin Oo Lwin Town- his protest, Zaw Win simply returned to resume activist who has been jailed six times for her 2014. These charges are still outstanding. Naw Ohn Hla speaks to ship, Mandalay Region, who provides free legal the hearing. peaceful activism – in particular for supporting members of the media representation to farmers protesting against land farmers and others involved in land disputes However, the charge that best illustrates how after she was released from confiscations. His increasing frustration with Almost three months later, on the morning of 25 and protesting against forced evictions. She the authorities can – and do – arbitrarily use Insein prison in Yangon what he saw as an unfair legal system prompted August, he was arrested by police at his home. has been sentenced to over five years in prison the law to target activists is linked to a 2007 on 31 December 2013. him to take action in protest. He was charged with protesting without per- for a series of peaceful protests, although she protest in which Naw Ohn Hla participated. © AFP/Getty Images mission, even though, according to the law, an still has multiple other charges pending against Back then, she led a peaceful prayer service On 29 May 2014 he was at the Pyin Oo Lwin assembly refers to a gathering of more than one her, and is currently in Insein prison in Yangon. at Yangon’s Shwedagon Pagoda, calling for RIGHT District Court for a hearing in a case he was person. The authorities also charged him with the release of opposition leader Zaw Win pleading. At around 1:30pm, during a break “incitement” under Section 505(b) of the Penal After taking part in a peaceful protest in front Suu Kyi, then held under house arrest, and © Private in proceedings, he left the District Court and Code – a non-bailable offence, and a provision of the Chinese embassy in Yangon, Naw Ohn other prisoners of conscience. But it wasn’t peacefully walked down the road to the Town- commonly used to detain government critics. Hla was detained on 30 December 2014. She until six years later in December 2013 when BELOW RIGHT ship Court and back. As he walked, he shouted was among a group of around 100 people details surfaced that she had been charged Htin Lin Oo is handcuffed slogans through a megaphone, demanding the Zaw Win is currently detained in Mandalay’s Oh- calling for an investigation into excessive with causing a “religious disturbance” – and during a court hearing removal of unfair judges and calling for better Bo prison while the cases against him continue. use of force by police during a protest at the more than a year and a half after that – on on 1 September 2015. administration of justice. After he had finished controversial the 26 June 2015, that she was found guilty © Burma Campaign UK week before. The authorities charged Naw Ohn and sentenced to six months in prison. Hla and six others with a range of politically “The courts commit wrongdoings and take bribes. motivated offences, including “rioting” and inciting people to commit offences “against “Now the authorities are going back to the old ways. We filed complaints on this… no action has been the State or against the public tranquility”. They feel they need to pressure the people – to arrest and taken until today. Oppression is on the rise… But the case didn’t end there – Naw Ohn Hla imprison them – to get what they want. It was so obvious because I work for the interest of the farmers, was also charged with “protesting without when they charged Naw Ohn Hla for the Shwedagon Pagoda case. (the authorities) pressure me more. permission” in each of the six townships she passed through on her way to and from the It showed – if they want to arrest and imprison us, they can.” I am not happy with that, so I am protesting.” protest. The authorities also charged her with alleged offences in connection with several Moe Thway, former prisoner of consciencea and President of Generation Wave, June 2015 Prisoner of conscience Zaw Win, 29 May 2014

HTIN LIN OO THE VOICE OF TOLERANCE

On 23 October 2014, Htin Lin Oo – a writer and former spokesperson for the National League for Democracy, Myanmar’s main opposition politi- cal party – gave a speech at a literary event in Sagaing Region, where he criticized the use of Buddhism to promote discrimination and preju- dice. His speech – which lasted for around two hours and was addressed to a crowd of around 500 people – criticized groups that he said take advantage of religion to stoke discrimination. His comments came at a time of rising religious intolerance in Myanmar.

In the days and weeks that “Even though he is in followed, a 10-minute, edited version of the speech began prison, Htin Lin Oo is in to circulate on social media. good health and fighting Taken out of context, Htin Lin Oo’s comments caused spirits. Whenever I see outrage, in particular among him he doesn’t talk hardline Buddhist nationalist groups. A complaint was filed about himself and his against him at the Chaung-U case – he always wants Township police station, and on 2 June 2015, Htin Lin Oo to talk about the political was sentenced to two years situation in the country, in prison with hard labour for “insulting religion”. He is cur- the upcoming elections ...” rently appealing against the conviction, while serving his Thein Than Oo, a human rights sentence in Monywa prison, lawyer representing Htin Sagaing Region. Lin Oo, July 2015

6 GOING BACK TO THE OLD WAYS AMNESTY INTERNATIONAL OCTOBER 2015 ASA 16/2457/2015 7 YARZAR OO, LU MAW NAING, PAING THET KYAW, SITHU SOE AND TINT SAN THE UNITY FIVE

Five media workers for the Unity Weekly newspaper are serving seven years’ “In Myanmar, the family members of imprisonment with hard labour in Pakokku the prisoners of conscience also face prison in Sagaing Region after the paper published an article about an alleged harassment in their business and social secret chemical weapons factory. activities… I worry about the situation

The five men were arrested in January and of my family outside, their livelihood, as February 2014, a week after the article well as the prospects for the future.” was published. The government was quick to deny the story, and seized copies of the Prisoner of conscience Lu Maw Naing, June 2015 newspaper across the country. State media later confirmed that the five had been charged with “disclosing State secrets, trespassing on the restricted area of the factory, taking photographs and the act of abetting”. “The government may stop the work of newspapers by detaining and pressing charges They were originally sentenced to 10 years in prison with hard labour by the Pakokku against journalists and jailing them, but they Township Court in July 2014. In October that will never manage to change journalists’ year this was reduced on appeal to seven years. conviction to stand by the side of the people. With its staff members imprisoned, Unity The government should not view the media as Weekly was forced to close, further deepening the shadow over media workers in Myanmar, an enemy but instead value press freedom.” who fear arrest and imprisonment simply MYO MIN MIN, NAING for peacefully undertaking their work. Prisoner of conscience Sithu Soe, June 2015 HTAY LWIN, NAING ZAW KYI WIN AND THU ZAW KYI WIN THE LABOUR ACTIVISTS

Four labour activists are in prison for leading On 11 September, Myo Min Min and Naing and supporting striking garment workers. The Htay Lwin were both sentenced to two years workers – from factories in the Shwe Pyi Thar and six months’ imprisonment for committing Industrial Zone in Yangon – had gone on strike offences “against the State or against the public on 2 February 2015 and organized protest tranquillity”, protesting without permission and camps and marches to demand higher wages. for breaching the conditions of permission to protest. Thu Zaw Kyi Win and Naing Zaw Kyi On 20 February, union leaders and factory Win are still on trial awaiting a verdict under the workers Myo Min Min and Naing Htay Lwin were same charge of committing offences “against the arrested shortly after giving a press conference State or against the public tranquillity”. All four to local media to explain the workers’ demands. are currently detained in Insein prison in Yangon.

Four days later, 22-year-old student Naing Zaw Kyi Win was arrested by plain clothes police officers in the house of a factory worker. He had been advising the workers of “The police asked lots of questions. They kept their rights, including helping them to submit on asking ‘Who organized the protest? Who is applications to the authorities to hold a protest, and had been trying to negotiate with mobilizing the people?’ They showed me photos police not to use force against protesters. of Myo Min Min and Naing Htay Lwin and asked

His older brother, Thu Zaw Kyi Win, was if they were behind the protest. They warned arrested on 4 March, after the striking workers me ‘We will take legal action against you if you decided to move their protest from the Shwe Pyi Thar Industrial Zone to Sule Pagoda, make any more problems’… Now we have no next to Yangon’s City Hall. A short time into more plans to protest – our leaders are in prison, the march, police surrounded the protesters, blocking their way, and a stand-off ensued and some of the workers were fired after the which ended with a number of protesters protests…people are afraid to take action.” arrested but later released. Thu Zaw Kyi Win was arrested while sitting in a nearby tea shop. A factory worker and protester, June 2015

8 GOING BACK TO THE OLD WAYS AMNESTY INTERNATIONAL OCTOBER 2015 ASA 16/2457/2015 9 ZAW WIN MYINT M MYO HTET PAI M AUNG KO KO M ZAW WIN M Student protester, Tharawaddy prison Student protester, Tharawaddy prison Student protester, Tharawaddy prison Lawyer, Obo prison

YE HTUT LWIN M MYITTA OO M AUNG HTET M WIN HLAING M Student protester, Tharawaddy prison Student protester, Tharawaddy prison Student protester, Tharawaddy prison Solo-protester, Prome prison

YAN PAI SOE M MYAT SOE OO M AUNG HMINE SAN M MYINT MYINT AYE F Student protester, Tharawaddy prison Student protester, Tharawaddy prison Student protester, Tharawaddy prison Peaceful protester, Meiktila prison

YAN NAUNG PHYO M MYA GYI M AUNG CHAN MIN M MAY THET OO F Student protester, Tharawaddy prison Student protester, Tharawaddy prison Student protester, Tharawaddy prison Peaceful protester, Meiktila prison

WUNNA SOE M MOE HTAT NAY M HTIN LIN OO M KHIN MAY SI F Student protester, Tharawaddy prison Student protester, Tharawaddy prison Religious tolerance advocate, Monywa prison Peaceful protester, Meiktila prison

WAI YAN TUN M MIN THWAY THIT M NAW OHN HLA F NAING YE WAI M Student protester, Tharawaddy prison Student protester, Tharawaddy prison Peaceful protester, Insein prison Mandalay student protester, Obo prison

THIHA WIN TIN M MIN MIN ZAW M SEIN HTWE F AUNG SAN OO M Student protester, Tharawaddy prison Student protester, Tharawaddy prison Peaceful protester, Insein prison Mandalay student protester, Obo prison

THAW ZIN TUN M MAUNG MAUNG THEIN M TIN HTUT PAING M JIT TOO M Student protester, Tharawaddy prison Student protester, Tharawaddy prison Peaceful protester, Insein prison Mandalay student protester, Obo prison

THAN HTIKE M MAR NAW M SAN SAN WIN F NYAN LINN HTET M Student protester, Tharawaddy prison Student protester, Tharawaddy prison Peaceful protester, Insein prison Mandalay student protester, Obo prison

ZA WIN M LWIN KO KO AUNG M THAN SHWE M ZEYA LWIN M Student protester, Tharawaddy prison Student protester, Tharawaddy prison Peaceful protester, Insein prison Mandalay student protester [Yangon] PRISONERS TA ZAR TUN M KYAW SWAR LINN M HTIN KYAW M PHAING YE THU M Student protester, Tharawaddy prison Student protester, Tharawaddy prison Community campaigner tudent protester, Insein prison Amnesty International is aware of at least [93] protesting against the prisoners of conscience in Myanmar. However, SWE LINN TUN M KYAW KYAW TUN M government, Insein prison KHIN THANDAR TUN F the actual figure is likely to be higher. They are Student protester, Tharawaddy prison Student protester, Tharawaddy prison Student protester, Myingyan prison currently languishing in prison or in detention NAUNG NAUNG M awaiting trial. These individuals must be SOE NAING M KO THEIN M Community campaigner KYAW THAN TUN M immediately and unconditionally released. Student protester, Tharawaddy prison Student protester, Tharawaddy prison protesting against the Student protester, Myingyan prison government, Insein prison OF M M KHIN MAUNG WIN NYAN MYINT THAN Student protester, Tharawaddy prison THEIN AUNG MYINT M Student protester, Myingyan prison Peaceful protester, Obo prison KHANT AUNG M SEIN WIN M Student protester, Tharawaddy prison LU MAW NAING M Student protester, Myingyan prison Journalist, Pakokku prison HTAY NAING M SITHU MYAT M CONSCIENCE Student protester, Tharawaddy prison YARZAR OO M Student protester, Myingyan prison Journalist, Pakokku prison PHYOE PHYOE AUNG F SAN LWIN OO M HTAIN LINN AUNG M SOE HLAING M Student protester arrested in Student protester, Tharawaddy prison Student protester, Tharawaddy prison PAING THET KYAW M Student protester, Myingyan prison Letpadan, Tharawaddy prison Journalist, Pakokku prison PHYU ZIN AUNG M HEIN ZAW WIN M THANT ZIN M NANDAR SITT AUNG M Student protester, Tharawaddy prison Student protester, Tharawaddy prison SITHU SOE M Student protester, Myingyan prison Student protester arrested in Journalist, Pakokku prison Yangon, Tharawaddy prison PHYO DANA CHIT LINN THIKE M BO BO MYO M ZIN KO THANT M Student protester, Tharawaddy prison Student protester, Tharawaddy prison TINT SAN M Student protester, Myingyan prison PHYU PHYU KHAING F Chief executive of a weekly Student protester, Tharawaddy prison PAYE PHONE PAI M AUNG SI THU M newspaper, Pakokku prison TUN THUREIN M Student protester, Tharawaddy prison Student protester, Tharawaddy prison Charged with religious MON YI KYAW F MYO MIN MIN M defamation, Insein prison Student protester, Tharawaddy prison PAYE LWIN M AUNG MYO OO M Labour activist, Insein prison Student protester, Tharawaddy prison Student protester, Tharawaddy prison HTUT KO KO LWIN M KHAING MAR NYEIN F NAING HTAY LWIN M Charged with religious Student protester, Tharawaddy prison NYEIN KYAW THU M AUNG CHO OO M Labour activist, Insein prison defamation, Insein prison Student protester, Tharawaddy prison Student protester, Tharawaddy prison A man raises his HANNY OO F NAING ZAW KYI WIN M PHILLIP BLACKWOOD M hands during a Student protester, Tharawaddy prison MYO MYAT SAN M AUNG MYINT HAN M Labour activist, Insein prison Charged with religious demonstration near the Student protester, Tharawaddy prison Student protester, Tharawaddy prison defamation, Insein prison Chinese embassy in EI THIN ZAR MAUNG F THU ZAW KYI WIN M Yangon © REUTERS Student protester, Tharawaddy prison Labour activist, Insein prison

10 GOING BACK TO THE OLD WAYS AMNESTY INTERNATIONAL OCTOBER 2015 ASA 16/2457/2015 11 CREATING AND MAINTAINING MYANMAR’S REPRESSIVE A CLIMATE OF FEAR LEGAL FRAMEWORK

The fact that the authorities can – This constant surveillance, coupled with the fact The Myanmar authorities have a long history of and do – arrest people for exercising that old repressive laws remain in force and new relying on a wide range of repressive and vague- ones are enacted, create the perpetual fear that ly-worded laws to restrict the rights to freedom their rights creates a climate of fear anyone may be arrested for their peaceful activ- of expression, association and peaceful assembly. BELOW ities, at any time. As long as these laws remain in force, peaceful among Myanmar’s civil society. Police line up against activists will continue to fear arrest and prisoners student protesters during a “Whether they want to arrest us or not, the of conscience will continue to fill Myanmar’s jails. The authorities compound this fear of arrest demonstration in Yangon on 30 decision is in their [the Myanmar authorities] The most commonly used laws include: with other forms of intimidation, which include a June 2015 against unelected hands because we have no good laws.” pervasive system of monitoring and harassment. soldiers who make up a quarter Activists are subjected to many forms of surveil- of parliamentary seats, in A student activist, July 2015 lance – including being followed; having their Yangon on June 30, 2015. photo taken when attending events and meet- © AFP/Getty Images “There is no rule of law in [Myanmar] and 2011 PEACEFUL ASSEMBLY AND ings; midnight inspections in their offices and anyone can be arrested at any time. The PEACEFUL PROCESSION LAW homes; and harassment of their family members, RIGHT laws used by the authorities to oppress colleagues or friends. Police surround a journalist political activities haven’t changed yet.” Commonly used to arrest peaceful pro- taking photographs at a testers, this law requires protesters to “This is their message to activists: if we do protest over imprisoned Aung Myo Kyaw, a former prisoner of conscience apply for permission to demonstrate and something they [the authorities] don’t like, colleagues near the Myanmar and member of the Assistance Association for allows the authorities to deny applications they will simply find ways to arrest us.” Peace Centre during a visit Political Prisoners – Burma (AAPP-B), June 2015 which pose a threat to “the security of by Myanmar President Thein the State, rule of law, public tranquility Thet Swe Win, Co-founder and Director of the Sein. Yangon, 12 July 2014. and the existing laws”. Protesting without Center for Youth and Social Harmony, July 2015 © EPA/LYNN BO BO permission can be punished with up to six months in prison under Article 18, while breaching the terms under which permis- sion to protest is granted can be punished with up to three months under Article 19.

ARTICLES 143, 145 AND 147 OF THE PENAL CODE

These provisions allow authorities to im- prison any person who participates in an unlawful assembly. Sentences range from six months to two years in prison.

ARTICLE 295(A) OF THE PENAL CODE

Allows the authorities to imprison for up to two years any person who outrages religious feelings by insulting religion or religious belief.

ARTICLE 505(B) OF THE PENAL CODE

Commonly used to detain government These laws place unlawful restrictions on the they must be provided by law; critics, the law provides up to two years’ rights to freedom of expression and peaceful imprisonment for any person who incites assembly and must be repealed or amended to they are only for certain specified permissi- the public to commit offences “against comply with international human rights law and ble purposes, namely to protect the rights and the State or the public tranquility”. standards. As a UN member state, Myanmar has reputation of others; national security or public an obligation to respect human rights in accord- safety, public order, public health, or public 1923 OFFICIAL SECRETS ACT ance with the UN Charter and with the Univer- morals; and sal Declaration of Human Rights (UDHR). The Under this law it is an offence to pos- UDHR states among other things that everyone they must be demonstrably necessary and sess, control, receive or communicate any has the right to freedom of expression, which proportionate for that purpose. document or information which, if dis- includes freedom to seek, receive and impart closed, could be “prejudicial to the safety information and ideas through any media and It is clear that the laws highlighted above, under or interests of the state”. It grants the regardless of frontiers, as well as freedom of which human rights defenders and peaceful ac- Government broad powers to determine peaceful assembly and association. tivists are criminalized and imprisoned, do not what is classified as “secret” while there meet these criteria. are no provisions which allow for the dis- Under international human rights law any restric- closure of classified information on public tions placed on the exercise of these rights must interest grounds. be exceptional and are permissible only if they meet three key criteria:

12 GOING BACK TO THE OLD WAYS AMNESTY INTERNATIONAL OCTOBER 2015 ASA 16/2457/2015 13 A UNIQUE OPPORTUNITY FOR CHANGE

The ongoing arrests and imprisonment of human rights defenders, political activists and other civil society members has to stop.

It is time for President Thein Sein to finally de- liver on his promise to release all prisoners of conscience in Myanmar.

In the past, the authorities have shown that they are susceptible to pressure from abroad. The attention that will be directed at Myanmar in the run-up to the November elections offers a crucial opportunity for the international com- munity to take action to ensure that prisoners of conscience are freed, not forgotten. Anything less would jeopardize an important chance for change, and seriously call into question inter- national commitments to improving the human rights situation in Myanmar.

TIME TO ACT

The Myanmar authorities must immediately Review in the UN Human Rights Council and unconditionally release all prisoners of in November 2015. conscience. To convince them to do so, those who have the greatest influence on The Myanmar government must: Myanmar – the international community, in particular the USA, the EU and its immediately and unconditionally member states, and governments of the release all prisoners of conscience; Association of Southeast Asian Nations (ASEAN) – must: drop all charges against those who are facing imprisonment solely for the publicly call on the President peaceful exercise of their human rights; of Myanmar to immediately and and unconditionally release all prisoners of conscience and drop all charges against repeal or amend all laws that violate those who are facing imprisonment solely the rights to freedom of expression, for the peaceful exercise of their human association and peaceful assembly – in Villagers protest against rights; and particular the Peaceful Assembly and a copper mine project Peaceful Procession Law, Articles 143, in front of Lapdaung raise concerns regarding human rights 145, 147, 295(a) and 505(b) of the Penal hill during a visit by violations in Myanmar at every available Code, and the Official Secrets Act – to pro-democracy leader opportunity, including in bilateral and ensure these conform with international in multilateral forums and during the human rights law and standards. Sarlingyi township. country’s upcoming Universal Periodic 13 March 2013 © REUTERS

14 GOING BACK TO THE OLD WAYS AMNESTY INTERNATIONAL OCTOBER 2015 ASA 16/2457/2015 15 Amnesty International is a global movement of more than 7 million people who campaign Amnesty International, International Secretariat, Peter Benenson House, 1 Easton Street, London WC1X 0DW, United Kingdom for a world where human rights are enjoyed by all.

Index: ASA 16/2457/2015, English, 8 October 2015 Our vision is for every person to enjoy all the rights enshrined in the Universal Declaration of Human Rights and other international human rights standards.

We are independent of any government, political ideology, economic interest or religion and are funded mainly by our membership and public donations.

(COVER IMAGE) Student protesters try to speak to family members from a prison vehicle as they are transported to a court AMNESTY.ORG in Letpadan. 11 March 2015. © Ye Aung Thu/AFP/Getty Images

16 GOING BACK TO THE OLD WAYS