Myanmar: Note on the - 2021 Amendment to the - Counter-Terrorism Law

Myanmar: Note on the 2021 Amendment to the Counter-Terrorism Law Myanmar: Note on the 2021 Amendment to the Centre for Law and Counter-Terrorism Law Democracy info@law-democracy.org +1 902 431-3688 January 2023 www.law-democracy.org This Note1 was prepared by the Centre for Law and Democracy in response to the 1 August 2021 Amendment (Amendment)2 to Myanmar’s Counter-Terrorism Law (Law)3 introduce. [...] The special international mandates on freedom of expression have called for definitions of terrorism, at least in the context of restrictions on freedom of expression, to “be restricted to violent crimes 6 Specifically, the Convention on the Rights of the Child, UN General Assembly Resolution 44/25, 20 November 1989, entered into force 2 September 1990 (CRC); Convention on the Elimination of Discr. [...] However, in doing so, to respect the principle of “legality and legal certainty”, they should be “bound by a clear and precise definition of what constitutes terrorist acts and terrorist groups and entities”.15 Overview of the 2021 Amendment Section 3(b) of the 2014 Law defines an “Act of Terrorism” as an act or omission to “act” with “the intent to commit an act of terrorism” and then lists 18 sp. [...] Section 61 of the Law does set out the following general human rights guarantee: “Any person shall, in performing the investigation and taking action for acts of terrorism under this law, be guaranteed the fair treatment and enjoyment of other entitled rights in accord with the stipulations in conformity with the International Human Rights Law”. [...] Although this Note has focussed on section 3(b)(xv), due to it being the focus of the Amendment, this should not be understood as an endorsement of the rest of the Law, an analysis of which is beyond the scope of this Note.