Monday, March 31, 2014

Shan Herald Agency for News

Shan Herald Agency for News

Finland hosting conference on dialogue and mediation

Posted: 31 Mar 2014 04:31 AM PDT

Finland is hosting a 3-day Conference on National Dialogue and Mediation Process that begins today, according to a Pyidaungsu Institute (PI) for Peace and Dialogue research source reporting from Helsinki.

It will discuss conflicts and political dialogues in Burma, Yemen, Syria and South Africa.
Panelists from Burma side will include:
  • Aung Naing Oo, Myanmar Peace Center, on Negotiating National Dialogue in Myanmar
  • Padoh Kwe Htoo Win, Karen National Union (KNU), on the same subject
  • Pu Zo Zam, Nationalities Brotherhood Federation (NBF), on the same subject
  • Harn Yawnghwe, Euro Burma Office, on the same subject
  • Debbie Aung Din, Proximity Designs, on National Resources
  • Gawlu La Awng, Kachin Independence Organization (KIO), on Security Sector Reform
1ano
Aung Naing Oo
2ktw
Pahoh Kwe Htoo Win
1ano
Pu Zo Zam
1ano
Debbie Aung Din
1ano
Gawlu La Awng

The Restoration Council of Shan State/Shan State Army (RCSS/SSA) will be represented by Lt-Col Sai Ngeun.

The conference is jointly organized by Finnish foreign ministry, EBO, UNDP, The Finnish Evangelical Lutheran Mission, Common Space Initiative, Berghof Foundation, Finn Church Aid, CMI Martti Ahtisaari Center, Peace Appeal Foundation and UN Economic and Social Commission for Western Asia.

The Unlawful Associations Act 1908 (Burma Code Volume II)

Posted: 31 Mar 2014 04:29 AM PDT

The Unlawful Associations Act 1908
(Burma Code Volume II)
Sao Mya Wadi
Definitions
"Associations" means any combination or body of persons, whether the same be known by distinctive name of not, and "Unlawful Association "means an Association which encourages or aids persons to commit Acts of violence or intimidations or of which the members habitually commit such acts which has been declared to be unlawful by the President of the Union under the power hereby conferred.

If the President of the Union of opinion that any Association interferes with the administration of the law and order, or that it constitutes a danger to the public peace, the President of the Union may, by notification in the gazette, declare such Association to be unlawful.

Whoever is a member of an unlawful Association, or takes part in meetings of any such Association, or contributes, receives, solicits any contribution for such Association, or assists the operations of any such Association shall be punished with imprisonment for a term not less than two years, not more than three years and shall also be liable to fine. (Section 17-(1))
Whoever manages or assists in the management of an unlawful Association, or promotes or assists in promoting a meeting of any such Association, shall be punished with imprisonment for a term not less than three years and not more than five years and shall also be liable to fine. (Section 17 (2))

The Unlawful Associations Act of is different from Section – 121 High Treason offence in Penal Code (Burma Code - Volume  VIII) and Section - 141 Unlawful assembly in Penal Code also.

Whoever wages war against the Union of Burma, or assists or incites or conspires with any person to wage war, or attempts or prepares by force of Arms or other violent means to overthrow the organs of the Union, or takes part or is concerned in, or conspires with any person, or to take part in any such attempt shall be guilty of the offence of High Treason.

Section - 121 High Treason is offences against the State and whoever commits High Treason within the Union shall be punished with death or transportation for life.

Section - 141 of the Penal Code is offences against the Public Tranquility. If an Assembly of five or more persons composing that assembly is -
  1. Use criminal force, or show criminal force to the Union Parliament of the government or any public servant in the exercise of the lawful power,
  2. To resist the execution of any law, or of any legal process,
  3. To commit any mischief or criminal trespass of other offence,
  4. To use criminal force or show of criminal force to any person to take possession of any property, or to deprive the enjoyment of a right of way, the use of enjoyment of a right of way, the use of water, to enforce any right,
  5. To use criminal force or show criminal force to make any person to do what he is not legally bound to do, or to omit to do what he is legally entitled to do.
Whoever is a member of an unlawful assembly shall be punished with imprisonment of either description for a term which may extend to six months or with fine or with both.
I am forwarding these Sections to let people know the differences between Unlawful Associations Act, Unlawful Assembly and High Treason offences.

Sao Mya Wadi
BA (Law), LL.B
Advocate & Notary Public

The article is reproduced from Mawk Ngao Ngoon magazine, published by Shan Literature and Culture Association (Central), 2013. Commenting on it, one prominent lawyer has referred to the following quote: The law that cannot be followed by the people is no law - Editor
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