Statement on People’s Right to Public Assemblies and Processions

1. In Burma, people’s right to public assemblies and processions has already been enacted in the Police Act, 1945. Under Chapter 5 of that law, with the title ‘Maintenance of Law and Order,’ section 31 provides as follows: 

(1) The District Superintendent or any Assistant or Deputy Superintendent of Police, may, as occasion requires, direct the conduct of all assemblies and processions on the public roads, or in the public streets or thoroughfares, and prescribe the routes by which, and the times at which, such processions may pass. 

(2) The District Superintendent or any Assistant or Deputy Superintendent may also, on being satisfied that it is intended by any persons or class of persons to convene or collect an assembly in any such road, street or thoroughfare, or to form a procession, which would, in his opinion, be likely to cause a breach of the peace if uncontrolled, require by general or special notice that the persons convening or collecting such assembly or directing or promoting such procession shall apply for an obtain a license. 

(3) On such application being made, he may issue a license specifying the names of the licensees and defining the conditions on which alone such assembly or such procession is to be permitted to take place and otherwise giving effect to this section. 

2. The question of Burma is the question of the rule of law, that is, the successive military regimes, including the one led by Thein Sein, did not activate the existing laws, inter alia, including Chapter 5 of the Police Act 1945, by which people could exercise their basic rights with minimum restrictions. Rather, the regime provides more draconian laws. During the period between 1948 and 1962, with the background of the 1947 Constitution and under the Police Act 1945, people were able to enjoy their rights to assemblies and processions peacefully and effectively. 

3. Unfortunately, the Law on the Right to Peaceful Assemblies and Processions provided for by the regime on December 2, 2011, reaffirmed the unreasonable exceptions mentioned in the 2008 Constitution; and, contrary to the Police Act 1945, it has also extended restrictions enormously. As such, under the newly enacted law, people will never be able to exercise their basic rights with minimum restrictions and democracy will never be achieved. 

The Burma Lawyers’ Council December 5, 2011

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