Section 17/1 of the Unlawful Associations Act, which threatens anyone who has contact with an illegal association with prison should be abolished or suspended during the peace process said U Sai Nyunt Lwin the general secretary of the Shan National League for Democracy (SNLD).
He said: “While we are having peace talks if these sections are in use it will be more dangerous.”
Section 17/1 states: “Whoever is a member of an unlawful association, or takes part in meetings of any such association, or contributes or receives or solicits any contribution for the purpose of any such association or in any way assists the operations of any such association, shall be punished with imprisonment.”
This means, that according to the law when people are in discussing peace with ethnic armed groups the government could arrest them. This has made normal people scared of taking part in the peace process.
U Myo Win, the vice chairman of All Burma Students Democratic Front (ABSDF) said: “The importance of Section 17/1 is that because of this law some people do not want to join in some activities organised by us because they are afraid.
“If the ABDSF is going to have a nationwide commemoration for its fallen comrades they are not free to do so because of the constraints of Section 17/1, so they need to negotiate with the union and state governments [before an event is organised].”
He added that it was his belief that “the main reason the government is holding onto Section 17/1 is because they want to know all our movements.”
Daw Dwe Bu from the Ethnic Nationalities and National Peace Committee of the Union Parliament said: “The armed groups that are discussing the peace process with the government have been declared as illegal organisations by the government which makes it an obstacle for people to participate in the peace process.”
Technically when the government representatives of the Union Level Peace Work Committee (UPWC), such as government minister Aung Min, have peace negotiations with representatives of the Nationwide Ceasefire Coordination Team (NCCT) who are all members of illegal organisations they are violating Section 17/1.
Needless to say none of the UPWC members have been imprisoned yet.
According to Dr Min Zaw Oo, the director of ceasefire affairs at the Myanmar Peace Centre (MPC) Section 17/1 is suspended in the case of the peace talks and the government has agreed to abolish it after a nationwide ceasefire agreement is signed.
Translated by Aung Myat Soe English version written by Mark Inkey for BNI
