“I WILL NOT SURRENDER” THE CRIMINALIZATION OF HUMAN RIGHTS DEFENDERS AND ACTIVISTS IN MYANMAR Amnesty International is a global movement of more than 7 million people who campaign for a world where human rights are enjoyed by all. 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. © Amnesty International 2020 Except where otherwise noted, content in this document is licensed under a Creative Commons (attribution, non-commercial, no derivatives, Cover photo: Kay Khaing Tun, a performer of Peacock Generation group international 4.0) licence. looks from a prison van window after a trial in Yangon on November 18, https://creativecommons.org/licenses/by-nc-nd/4.0/legalcode 2019. 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First published in 2020 by Amnesty International Ltd Peter Benenson House, 1 Easton Street, London WC1X 0DW, UK Index: ASA 16/2041/2020 Original language: English amnesty.org CONTENTS FREEDOMS OF EXPRESSION, ASSOCIATION, AND PEACEFUL ASSEMBLY UNDER ATTACK 2 THE PENAL CODE THE CONSTITUTIONAL REFORM ACTIVISTS 4 THE “PEACOCK GENERATION” 6 THE SUPPORTERS OF A FORMER CHILD SOLDIER 8 THE MONK WHO CRITICIZED THE MILITARY 10 THE ENVIRONMENTAL ACTIVIST 11 THE PEACEFUL ASSEMBLY AND PEACEFUL PROCESSION LAW THE “RAKHINE LIVES” MATTER PROTESTER 12 THE STUDENTS PROTESTING AGAINST AN INTERNET SHUTDOWN 13 THE KACHIN “ANTI-WAR” PROTESTERS 15 THE KAREN ACTIVISTS 17 THE LABOUR RIGHTS ACTIVISTS 19 THE UNLAWFUL ASSOCIATIONS ACT THE RAKHINE NEWS EDITOR 20 THE LAW PROTECTING THE PRIVACY AND SECURITY OF CITIZENS THE KARENNI ACTIVISTS 21 MYANMAR’S REPRESSIVE LEGAL FRAMEWORK 22 CONCLUSION AND RECOMMENDATIONS 24 "I WILL NOT SURRENDER": THE CRIMINALIZATION OF HUMAN RIGHTS DEFENDERS AND ACTIVISTS IN MYANMAR 1 Amnesty International FREEDOMS OF EXPRESSION, ASSOCIATION, AND PEACEFUL ASSEMBLY UNDER ATTACK Four years after the National League for Democracy (NLD)-led government, headed by State Counsellor Aung San Suu Kyi, came to power, human rights defenders and civil society activists are harassed, intimidated, arrested, prosecuted, and imprisoned simply for the peaceful exercise of their human rights. These human rights violations not only affect the individuals concerned, but also have wider impacts, leading to a culture of fear and self-censorship. The change in administration during April 2016 had brought fresh hopes that the government would finally close the door on its repressive past and authorities would put an end to politically motivated arrests and imprisonment. There were some positive steps in the early years of the administration – scores of prisoners of conscience were released, and Parliament abolished two draconian laws that were frequently used against dissidents when the country was under direct military rule. However, despite these efforts, human rights defenders and civil society activists have continued to face harassment, intimidation, arrest, prosecution, and imprisonment simply for the peaceful exercise of their human rights. Meanwhile, progress on reforming Myanmar’s repressive legal framework has stalled. This briefing highlights 16 cases of politically-motivated arrest, prosecution, and imprisonment in the last 18 months in Myanmar, involving 58 people. Whether as individuals or in a group, they have each been targeted by the authorities simply for the peaceful exercise of their human rights, in particular freedoms of expression, association, and peaceful assembly. They include human rights defenders, students, journalists, satirical performers, an environmental activist, a labour rights activist and trade union members, and a Buddhist monk, in cases that span nine States and Regions across the length and breadth of the country. Often, people were charged when they tried to speak out against injustice or in support of others in advocating for their rights. Amnesty International spoke to many of these individuals and their lawyers and family members, and reviewed relevant legislation and official documents. The organization also met with civil society activists, journalists, and diplomats to discuss the wider situation for the rights to freedom of expression, association, and peaceful assembly in the country. 2 "I WILL NOT SURRENDER": THE CRIMINALIZATION OF HUMAN RIGHTS DEFENDERS AND ACTIVISTS IN MYANMAR Amnesty International WHO IS A PRISONER OF CONSCIENCE? Amnesty International considers a prisoner of conscience any person imprisoned solely because of their political, religious, or other conscientiously held beliefs, ethnic origin, sex, gender, colour, language, national or social origin, economic status, birth, sexual orientation, or other status, or for peacefully exercising their human rights – who has not used violence or advocated violence or hatred. Most of the individuals featured in this report are or were prisoners of conscience – or would be if they were to be detained or imprisoned. All prisoners of conscience must be immediately and unconditionally released, and all charges against them dropped. In many of the cases highlighted in this briefing, the complainant was a member of the Myanmar military. Indeed, as local civil society organizations have already emphasized, there has been a worrying increase in the number of politically motivated cases filed by members of the armed forces, in particular against individuals and activists who criticise either the military or Myanmar’s 2008 military-drafted Constitution. Officials have used Section 505(a) of the Penal Code in particular – until last year a little-known provision criminalizing “incitement” which may prevent a military officer from performing their duties – to target peaceful critics. The cases, which come at a time when the Myanmar military faces increased international attention and pressure following atrocities against the Rohingya population from August 2017 onwards, are an important reminder of military’s continuing power and influence in the country. In some cases featured in this briefing, other state officials filed the complaints – sometimes members of the police force (which under Myanmar’s Constitution is under military command), or the General Administration Department (GAD), which has operated under civilian oversight since January 2019. What all cases have in common is that they are facilitated by Myanmar’s repressive legal framework, which comprises a range of laws arbitrarily restricting the rights to freedom of expression, association, and peaceful assembly. Most but not all of these laws pre-date the NLD-led government; however all remain on the books. Some have been amended by the current administration, but these revisions have not been sufficient to bring them into line with international human rights standards. As a result, the laws continue to provide for politically motivated arrests, prosecution, and imprisonment. The cases in this briefing represent a small fraction of arbitrary arrests, prosecutions, and imprisonment in Myanmar. However, they do give a clear indication of the challenges facing human rights defenders and activists in the country. This situation raises urgent questions about the NLD-led government’s commitment to reform and its willingness to respect the rights to freedom of expression, association, and peaceful assembly. The NLD, with its Parliamentary majority, has the power to review and repeal or else amend repressive laws, to ensure that they comply with international human rights standards. However, there is a serious lack of political will, exacerbated by a lack of transparency or consultation with civil society members when it comes to drafting, reviewing, and amending legislation. As Myanmar prepares for elections currently scheduled for November 2020, the authorities – both the civilian-led government and the military – must create an environment in which civil society and the wider public are able to exercise their rights to freedom of expression, association, and peaceful assembly. Unless the situation changes, and the government commits to genuine and meaningful reforms, cases like those set out in this briefing will continue. "I WILL NOT SURRENDER": THE CRIMINALIZATION OF HUMAN RIGHTS DEFENDERS AND ACTIVISTS IN MYANMAR 3 Amnesty International THE CONSTITUTIONAL REFORM ACTIVISTS The Myanmar Penal Code - Section 505(a) Three constitutional reform activists have been charged with inciting military officials to disregard or fail in their duty after they each made speeches calling for an end to the military’s role in politics at a peaceful rally in Tanintharyi Region, southeastern Myanmar. Two have been released on bail; however the third is in prison after being jailed for a similar speech at a different rally. If convicted they each face up to two years in prison. On 3 April 2019 three activists, Kyee Myint, Saw Wai, and Nay Myo Zin (all m), attended a rally in Kawthaung town in Tanintharyi Region, southeastern Myanmar. At the rally, which was attended by about 700 people, they made speeches in which they criticized the Myanmar military and its role in politics and called for constitutional