Freedom of Movement - standards and mechanisms

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Description: Freedom of movement within state territory: The right of freedom of movement is a fundamental human right, to be accorded to all individuals within States. Migrants exercising this right may however be subject to restrictions in their movements on entering a State of which they are not yet permanent residents or nationals. Article 13 (1) of the Universal Declaration of Human Rights, (1948) (UDHR), states that "everyone has the right to freedom of movement and residence within the borders of each State?. Article 12 (1) of The International Covenant on Civil and Political Rights, (1966) (ICCPR), a legally binding instrument, provides for the right to liberty of movement and freedom to choose ones residence for those ?lawfully? within the territory of a State. This would therefore exclude irregular migrants entering a State, of which they are not a national, although migrants whose status has been regularised would be considered to be lawfully within the territory for the purposes of Article 12. A number of national constitutions reflect this provision of international law and provide citizens with the right to freedom of movement within the State. However this right may not be fully extended to migrants present within the territory who may be restricted to residing in certain parts of the country...
Source/publisher: Legislation Online
Date of entry/update: 2012-01-29
Grouping: Websites/Multiple Documents
Language: English
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Description: "Belluno (Agenzia Fides) - The resistance of the Burmese people to the military junta continues inside and outside the country while, six months after the military coup of February 1, the "State Administration Council" (Sac, as the military junta is defined) declared itself a "provisional government" with General Min Aung Hlaing as Prime Minister. Abroad, the Burmese diaspora remembered Sunday, August 8, a historic date, known by its 4 numbers: 8.8.88. It was on that date, August 8, 1988, that students from the Yangon University of Arts and Sciences and the Rangoon Institute of Technology began to demonstrate against General Ne Win's regime. The student protests spread throughout the country with the massive participation of hundreds of thousands of monks, professionals and people of all classes and conditions. On September 18, the protests were bloodily suppressed by a military coup that imposed the "State Council for the restoration of Law and order". To commemorate that date, as well as the current situation, demonstrations were held in many countries where the Burmese diaspora is spread. In Italy, the "Special Day for Myanmar" was held in Auronzo di Cadore, a town in the northern province of Belluno. The Catholic Church was at the side of the Burmese with a "special Mass for Myanmar" celebrated at 11 am in the church of Santa Giustina, parish of Villagrande (diocese of Belluno-Feltre). "It is a Mass that we wanted to celebrate given this difficult situation in Myanmar. For this reason, we welcomed the initiative of the Burmese community in Italy", said parish priest Fr. Renzo Roncada to Fides. Thuzar Lin, spokesperson for the Community residing in Italy, explains: "In the past we organized global days held simultaneously all over the world, in Italy it was held in Rome, Milan and Venice. On this occasion, each community has decided to independently celebrate this date that commemorates 8.8.88". The choice of Auronzo di Cadore is not accidental: "The Municipality of Auronzo di Cadore has been with the people of Myanmar since the beginning of the coup d'etat", explains Thuzar, recalling the official declaration of the civil authorities for the release of the leaders and political prisoners and to end violence. In addition, the photo of Aung San Suu Kyi, the Burmese leader whose charisma emerged during the tragic events of 1988, was posted in the town hall. "Now - concludes Thuzar - the community of Auronzo di Cadore has given us the opportunity to organize this day for Myanmar and we are infinitely grateful to them". The day was also an occasion to demand the release of political prisoners and to appeal to the international community to intervene more firmly. The dramatic health situation in Myanmar and how the coup military is exploiting the coronavirus pandemic as a weapon to stay in power was also put on the table. In the Church of Santa Giustina, a sale of items donated by Burmese living in Italy was carried out, the proceeds of which will go to humanitarian initiatives for Myanmar. (MG-PA) (Agenzia Fides, 9/8/2021)..."
Source/publisher: Agenzia Fides
2021-08-09
Date of entry/update: 2021-08-10
Grouping: Individual Documents
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Sub-title: As Myanmar’s crisis deepens, the country’s women are bearing much of the burden.
Description: "Every three or four days in Myanmar, an infamous Telegram account reappears. The account has been taken down many times, usually after being reported for posting sexually explicit images. But each time it is removed, it has sprung up again shortly after in a different guise. The account belongs to Han Nyein Oo, once considered one of the main sources for celebrity gossip and yellow journalism in Myanmar. But these days, the contents are not about celebrities, as before. Instead, it’s to distribute intimate photos – both real and faked – of young female activists opposing Myanmar’s February military coup. Since the Myanmar armed forces, or Tatmadaw, overthrew the country’s elected civilian government, revenge porn has become a weapon employed used by both the military junta and its opponents, who are currently engaged in a heated war of attrition. In early February, a week after the military overthrew Myanmar’s elected government, the daughter of a minister on the junta’s State Administration Council (SAC) became the first well-known victim of this tactic. Explicit videos and photos of the woman were well circulated and intentionally spread by opponents of the coup. In subsequent weeks, the same thing happened to other women who were labelled as sympathizers of the military regime, or failed to speak out sufficiently in opposition to it, in what quickly became known to anti-coup protesters as “social punishment” campaigns. Since the coup, numbers of “social punishment” pages have sprang up on Facebook and Telegram, which have targeted hundreds of women, from celebrities to teenage university students. The pages frequently publish women’s addresses and other personal information, and revenge porn is always part of the mix. Many opponents of the military junta have justified the sharing of these images and information on the grounds that “everything is fair and justified when the people’s voice is ignored and invalidated.” In this way of thinking, a decent person’s basic morality and ethics are justified according to the righteousness of the political cause for which they stand. While the anti-coup resistance has seen efforts by Myanmar women’s rights organizations to challenge the patriarchy underpinning conservative authoritarianism – one good example is the Sarong Campaign – such efforts undercut this progress, demonstrating that patriarchal norms continue to be weaponized – by both sides of Myanmar’s political struggle. Enjoying this article? Click here to subscribe for full access. Just $5 a month. For decades, rape as a weapon of war in frontier Myanmar has been amply documented, as has the use other forms of sexual assault. Similar, if less physical, tactics have now migrated into the portable devices that millions of Myanmar people now carrying around with them. Indeed, in many ways this has magnified the impact on women as a whole, as participation in social punishment campaigns is just a click away. Spiced up with the political justifications and messaging, Myanmar’s current crisis has allowed this human indecency to flourish. In the six months since the coup, thousands of women have been arrested, sexually assaulted, and socially marginalized in the name of a political cause. This number will increase in the upcoming months as the struggle between the military regime and those fighting for an inclusive federal democracy drags on. No doubt, the anti-coup movement has done a lot take its fight beyond opposition to the authoritarian regime, to challenge the patriarchal social system that underlies it, and to reject the social norms that have limited Myanmar’s women for centuries. At the same time, it is also true that it has failed to protect the dignity of women, regardless on which side of the political divide they stand. Dignity is not a priority for the military regime, but it should be a core value of the pro-democracy cause. It is never too late for those seeking a more democratic and inclusive Myanmar to take a stand against the use of revenge porn as a political weapon..."
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Source/publisher: "The Diplomat" (Japan)
2021-08-09
Date of entry/update: 2021-08-09
Grouping: Individual Documents
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Description: "Myanmar’s military regime has charged the national immunization director and others 26 doctors with the Unlawful Association Act and incitement under the Penal Code for allegedly assisting the National Unity Government (NUG). Dr. Htar Htar Lin, the national immunization director, was arrested on Thursday in Yangon. Her husband, seven-year-old son, friend and her daughter were also detained with her. Their whereabouts are unknown. Two other doctors, Dr. Maung Maung Nyein Tun and Dr. Swe Zin Oo, are among 26 suspects charged with her who were arrested on Sunday in Mandalay, a source told The Irrawaddy. On Saturday night, the junta-controlled media announced that Dr. Htar Htar Lin formed the civil disobedience movement’s (CDM) core group and assisted the NUG, which it has designated as a terrorist group. The state-controlled media said she confessed to communicating with Dr. Zaw Wai Soe, the NUG’s shadow health minister, through the applications Signal and Zoom. She helped write speeches and NUG health-care policy documents and helped prepare for Zoom meetings and plan to implement the NUG health-care programs, including estimating required drugs and costs, the state media stated. It said she will be prosecuted under Article 17 of the Unlawful Association Act and Article 505(a) of the Penal Code for communicating with a “terrorist organization” and working with Dr. Zaw Wai Soe, who is in hiding and acting health minister in the NUG. He also has two other ministerial portfolios. It made the same accusation against 26 other doctors who it said had accepted NUG public health, state health administration and clinician team roles. The state media broadcast their names and photos and called on the public to give evidence against them. It said anyone who hides the suspects would face prosecution. Article 17(1) of the Unlawful Association Act penalizes anyone who has joined an unlawful association or is taking part in its activities with up to three years in prison. Incitement under the Penal Code also carries three-year terms. Several medics and Ministry of Health and Sports staff have been charged for participating in the CDM and for running secret clinics for wounded demonstrators. At least 51 striking medics, including superintendents, academics, surgeons and other hospital staff, have been arrested with many still in detention and facing prosecution. The regime also issued warrants for prominent CDM doctors, including Dr. Zaw Wai Soe and Dr. Htar Htar Lin. Thousands of medical staff are in hiding. The CDM was launched by medics on Feb. 3 in protest against the junta and followed by other government workers nationwide..."
Source/publisher: "The Irrawaddy" (Thailand)
2021-06-13
Date of entry/update: 2021-06-14
Grouping: Individual Documents
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Description: "“Freedom, Equality and Justice are the essential values for every human being, as well being the essential foundational values needed to build a peaceful society,” Dr Salai Lian Hmung Sakhong, Vice-Chair of the Union Peace Dialogue Joint Committee (UPDJC), declared at the opening of a DVB run panel discussion on values for peace to mark the International Day of Peace in Yangon. Giving the opening remarks at the DVB organized event, which was supported by the Joint Peace Fund, Dr Sakhong, said these values need to be protected legally and politically. That way ethnic communities including Bamar would be able to solve the issues that relate to diversity, multiculturalism, and difference of religion. “If we want to move ahead to a country based on democracy and a federal system, we have to recognize and respect different ethnicities and celebrate their diversity,” he said. He explained that this was necessary because it was an essential step towards building the values needed for lasting peace. He said: “If we do so, the values of mutual recognition and mutual respect will gradually become the core values for peace in this country, and we need to see these values as our strength. Moreover, that values can guarantee to reach peace.” The one-day event on 21 September 2019 constituted a series of three panel discussions led by female discussants on values for peace and two core issues on business and environment that would gain benefits from achieving peace in Myanmar. The final panel on “Values for Peace”, involved Lahpai Ja Ra from the Gender and Development Institute (GDI), Nan Say Hwa who is a Former Member of Parliament, Zar chi Oo, an independent researcher and Mon Mon Myat, a freelance writer..."
Source/publisher: "Joint Peace Fund" via Reliefweb
2019-09-30
Date of entry/update: 2019-10-01
Grouping: Individual Documents
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