“The junta cannot justify the oppression of Myanmar’s inhabitants through the unilateral creation of arbitrary new laws.”, Osama Motiwala, ICJ Asia-Pacific Communications Officer, e: osama.motiwala(a)icj.org, Mandira Sharma: ICJ Senior Legal Adviser, e: mandira.sharma(a)icj.org, Law Protecting the Privacy and Security of Citizens (2017). Myanmar Coup 2021: Anti-Coup Protester, image by Reuters. CIJ - Comisión Internacional de Juristas , Bangkok Office: +66 261 984 77 It also follows years of impunity by the Tatmadaw, in which it has committed grave and widespread crimes without consequence against Rohingya, Kachin, Arakan, and other minority ethnic populations in Myanmar, which have led to accountability processes starting at the International Court of Justice (ICJ) and International Criminal Court (ICC). (more…) September 14, 2020 Myanmar’s State Administration Council (SAC), appointed by the country’s military after it overthrew the elected civilia Calls are growing for sanctions on the military’s vast business empire after the February 1 coup. On February 14 the junta amended the Code of Criminal Procedure Amendment Law to make offenses under sections 505A, 124C and 124D non-bailable and subject to arrest without a warrant. The Special Session is expected to adopt a resolution to address “The human rights implications of the crisis in Myanmar.”. Such provisions existed under previous military governments and were deeply resented. Brussels Office: +32 472 71 45 05 var part1 = "info"; 1211 Geneva 1, Switzerland, T +41 (0)22 979 38 00 Aung San Suu Kyi arrives at ICJ as Myanmar faces genocide case. “As Myanmar’s military increasingly relies on excessive force and intimidation to quell peaceful protests against its coup, it is trying to give a veneer of legality to its actions by subverting existing protections in the legal system,” said Ian Seiderman, ICJ’s Director of Law and Policy. The Special Session is expected to adopt a resolution to address “The human rights implications of the crisis in Myanmar.” These provisions are similarly vague and overbroad and unnecessarily and disproportionately limit the exercise of expression online, including criticism of the coup and the military junta. The military takeover further endangers the already grave situation of the Rohingya community. Source: BBC. The Organisation of Islamic Cooperation on Sunday urged its 57 member-countries to provide a greater financial support to maintain the expenses involving the cases at the International Court of Justice over the atrocities committed to the Rohingya people of Myanmar. Guatemala Office: +502 23 60 19 19 The SAC inserted a new provision, section 505A, that could be used to punish comments regarding the illegitimacy of the coup or the military government, among others. Johannesburg Office: +27 11 024 82 68 The Myanmar military’s coup d’etat of 1 February is unconstitutional and fails to comply with basic rule of law principles, said the ICJ today. On February 15, the junta also amended the Electronic Transactions Law to include, among others, provisions that had been proposed in the draft Cybersecurity Law. These actions defy core rule of law principles and provide an illegitimate basis for the suspension and erosion of human rights. On February 1, 2021, Myanmar’s military – known as the Tatmadaw – staged a coup against Aung San Suu Kyi’s democratically elected government. Myanmar’s State Administration Council (SAC), appointed by the country’s military after it overthrew the elected civilian government on February 1, 2021, has dictated key revisions to the country’s legal system that criminalize even peaceful protests, and enable violations of the right to privacy and arbitrary arrests and detention. Security forces open fire on anti-coup protesters in Yangon, Mandalay and elsewhere Last modified on Wed 3 Mar 2021 20.11 EST At least 38 people have been killed after Myanmar… Myanmar: ICJ Delivers Order on Request for Provisional Measures (Archives 23 Jan 2020) Categories News Tags Coup , Military , Myanmar , Protests , … document.write( part1 + '@' + part2); F +41 (0)22 979 38 01 Section 5 required the presence of two witnesses whenever the police enter a residence for the purposes of search or seizure “to ensure that there is no damage to the privacy or security of the citizen.”  The suspension of that protection significantly raises the risk of abuses during searches and arrests. Myanmar: ensuring human rights and the integrity of elections during the COVID-19 pandemic At the UN Human Rights Council, the ICJ today addressed the need for upcoming elections in Myanmar to respect both civil and political rights and democratic processes, and the right to health. The new section would criminalize comments that “cause fear,” spread “false news, [or] agitates directly or indirectly a criminal offense against a Government employee.” Violation of the section is punishable by up to three years in prison. The ICJ today addressed an emergency Special Session of the UN Human Rights Council on Myanmar, outlining violations to human rights and the rule of law occurring in the country since the coup d’état of 1 February. document.write( part1 + '@' + part2); // -->, Bangkok Office: +66 261 984 77 Under the revised provision, any attempt to “hinder, disturb, damage the motivation, discipline, health and conduct” of the military personnel and government employees and cause their hatred, disobedience or disloyalty toward the military and the government is punishable by up to three years in prison. Connect with us on social media or subscribe to our news feed to receive regular updates. Follow the money: Myanmar coup puts pressure on army businesses. Protests Against Military Coup Sweep Myanmar’s Yangon February 09, 2021 Dispatches From the India Farmers’ Tractor Rally. "The military coup in Myanmar does not end the ICJ case, which can continue as long as The Gambia wants it to continue (subject to any jurisdictional challenge by Myanmar)." icj.org Myanmar: Military Coup d'état violates principles of rule of law, international law and Myanmar’s Constitution The Myanmar military’s coup d’etat of 1 February is unconstitutional and fails to comply with basic rule of law principles, said the ICJ today. A case against Myanmar in the International Court of Justice (ICJ) under the Genocide Convention launched by The Gambia on behalf of the 57-member Organisation of Islamic Cooperation in November 2019, in which Canada and the Netherlands jointly announced in September 2020 an intention to intervene, with a focus on the centrality of gender-based violence in the genocide. Since the coup on February 1, the military junta has: Under international legal standards, any restrictions on human rights must be strictly necessary to protect a legitimate interest and proportionate to the interest being protected, even in times of public emergency or for legitimate national security purposes (conditions that do not apply in Myanmar currently). Certain rights, such as the rights to bodily integrity and nondiscrimination, are not subject to restriction. Johannesburg Office: +27 11 024 82 68 Myanmar’s military government should reverse its post-coup d’etat revisions of legal protections for human rights in the country, the ICJ and Human Rights Watch said today. Nearly 200 people, including human rights defenders, have been arbitrarily detained, some in unknown locations. var part2 = "icj.org"; ICJ – International Commission of Jurists The International Commission of Jurists condemns the Myanmar military’s unlawful seizure of authority and the unconstitutional declaration of a state of emergency on 1 February. Under international law no one shall be subjected to arbitrary interference with their privacy, family, home or correspondence. Myanmar: Scrap Cyber Security Draft Law and Restore Full Internet Connectivity February 12, 2021 The Myanmar military should immediately abandon the draft Cyber Security Law and end Internet restrictions it has imposed since taking power in a coup on 1 February, said ARTICLE 19, Open Net Association, and the ICJ … Rue des Buis 3 Nepal Office: +977 01 5000730/731 Nepal Office: +977 01 5000730/731 “By stripping the people of Myanmar of their basic rights, the military is once again demonstrating its disdain for international human rights protections,” said Linda Lakhdhir, Asia legal advisor at Human Rights Watch. ICJ – International Commission of Jurists The changes were made through orders signed by the commander-in-chief, Sr. Gen. Min Aung Hlaing, on behalf of the SAC, and outside the parliamentary process. Section 8 provided protections of an individual’s right to privacy by prohibiting search and seizure, surveillance, spying, or any investigation affecting the privacy, security, and dignity of the individual without a court order – protections that the junta has removed. Myanmar’s military government should reverse its post-coup d’etat revisions of legal protections for human rights in the country, the International Commission of Jurists (ICJ) … The amendments to the Ward or Village Tract Administration Law (13/2/21) further increase the military’s ability to conduct surveillance on people’s movements, in particular on human rights defenders seeking shelter away from their own homes. Suspension of the provision will facilitate violations of international law, which provides that any person detained on a criminal charge be promptly taken before a judge. Box 1270 “The Myanmar military’s actions violate even the flawed Constitution that the military itself imposed in 2008,” said Sam Zarifi, ICJ’s Secretary General. 1211 Geneva 1, Switzerland, T +41 (0)22 979 38 00 Section 7 required a court order for any detention of more than 24 hours. Guatemala Office: +502 23 60 19 19 Furthermore, these regulations suspend crucial judicial remedies for violations of rights, such as the writ of habeas corpus. Tunis Office: +216 71 962 287, Commissioners from Middle East & North Africa, Part Three: from the 1990’s into the 21st century, Americas: ICJ’s presence in Central America, no one shall be subjected to arbitrary interference, Libya: Q&A on the UN International Fact-Finding Mission. МКЮ - Международная Комиссия Юристов Myanmar’s military government should reverse its post-coup d’etat revisions of legal protections for human rights in the country, the ICJ and Human Rights Watch said today. Section 505(a) previously made it a crime to publish or circulate any “statement, rumor or report” “with intent to cause, or which is likely to cause, any officer, soldier, sailor or airman, in the Army, Navy or Air Force to mutiny or otherwise disregard or fail in his duty.” It has been replaced with much broader language clearly designed to penalize those encouraging members of the civil service of the security services to join the Civil Disobedience Movement. That all changed Monday, when the military seized power in a coup, … var part2 = "icj.org"; Section 38B criminalizes “obtaining, disclosing, using, destroying, modifying, disseminating, or sending someone’s personal data to anyone else without approval,” with one to three years in prison. The #Myanmar military’s coup d’etat of 1 February is unconstitutional and fails to comply with basic rule of law principles, said the International Commission of Jurists (ICJ) today. Brussels Office: +32 472 71 45 05 The law is therefore impermissibly vague and overbroad, as it would likely prevent even the disclosure of information about anyone involved in alleged human rights violations, including by human rights defenders and journalists. The last time a military coup happened in Myanmar it lasted over fifty years under three different military heads until the military junta eventually dissolved in the year 2011. Section124A, which already criminalized comment that “bring into hatred or contempt” or “excite disaffection against” the government, was expanded to include comments relating to the defense services and defense services personnel, effectively criminalizing any criticism of the military or military personnel. The # Myanmar military’s coup d’etat of 1 February is unconstitutional and fails to comply with basic rule of law principles, said the International Commission of Jurists (ICJ) today. Electronic Transactions Law (Law No 7/ 2021). Ward or Village Tract Administration Law (13/2/21). Regulations imposed pursuant to the state of emergency grant military forces nearly complete impunity. МКЮ - Международная Комиссия Юристов A decade after, the coup has once again tossed the country back into a long spell of uncertainty and instability. Connect with us on social media or subscribe to our news feed to receive regular updates. – Ian Seiderman, ICJ’s Director of Law and Policy. P.O. on: February 06, 2021 One thing that has somewhat flown under the radar in the coverage of this week’s military coup d’etat in Myanmar is that the country is currently on trial at the International Court of Justice (ICJ) for the crime of genocide against the Rohingya people. amended the Electronic Transactions Law to prevent the free flow of information and criminalize the dissemination of information through cyberspace, including expression critical of the coup or the acts of the junta. Recent events in Myanmar – the military coup d’état at the start of last month, the firing of Myanmar’s ambassador to the United Nations (UN) last week, and the increasingly brutal crackdown on peaceful protests – show what happens when senior officials get away with genocide. On February 14, the SAC announced amendments to the Penal Code that could lead to criminal liability for thousands of demonstrators exercising their rights to free expression of their views, and anyone publicly criticizing the military coup d’etat through any means. A strangely familiar sight dominated the front pages of Myanmar's state-owned newspaper this week: photos of men in green military uniforms sitting in seats of power. Judges, including from the Supreme Court, have been illegally removed and replaced, undermining the independence of an already embattled judiciary. Member States should take necessary measures to ensure truth, justice and accountability for crimes under international law, including by supporting all relevant accountability mechanisms. CIJ - Comisión Internacional de Juristas Myanmar’s military government should reverse its post-coup d’etat revisions of legal protections for human rights in the country, the International Commission of Jurists (ICJ) and Human Rights Watch said today. Soldiers stand guard along a blockaded road near Myanmar's Parliament in Naypyidaw on February 2, 2021. The ICJ today addressed an emergency Special Session of the UN Human Rights Council on Myanmar, outlining violations to human rights and the rule of law occurring in the country since the coup d’état of 1 February. CIJ - Commission Internationale de Juristes The orders issued by the SAC fail to meet that standard, as they will arbitrarily interfere with the exercise of rights protected under international law, including freedom of expression, freedom of peaceful assembly, the right to liberty, and the right to privacy. The amendments also include several provisions (articles 38(d) and (e)) that provide criminal penalties for “unauthorized” access to online material and that could be used to prosecute whistle blowers, investigative journalists, or activists who use leaked material for their work. This provision is so broad that any actions of protesters could be interpreted as preventing security personnel or defense service officers from performing their duty.
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