Credit: Tom Stoddart – Getty Images
Political imprisonment is all too common in Burma. The harsh hands of the Tatmadaw, National League for Democracy’s (NLD) civilian government, and now the military coup have given way to the more than 1,507 individuals arrested, charged, or sentenced, in addition to another 1,200 still in detention or with outstanding warrants. As the military junta remains in power following the February 1 coup, this number will only increase, and it is suspected that life will only get harder for those suffering from imprisonment.
Many of these political prisoners are from Burma’s long-persecuted ethnic groups. Human rights defender and land rights activist Naw Ohn La is a testament to the resilience of Karen people but also a reminder of the persistent cruelty of the Tatmadaw. Naw Ohn Law has been imprisoned on more than ten occasions- for example, on August 13, 2013, Naw Ohn Hla was charged under Section 505(b) for protesting for the suspension of the Chinese-backed Letpadaung mining project. The activist was also sentenced to 15 days in prison following an arrest for hosting a Karen Martyrs’ Day celebration in October 2019.
Efforts for amnesty have been shallow- President Thein Sein granted amnesty to many common criminals in 2011, but very few political prisoners. These actions were carried out purely for the President’s PR image to the international community, ultimately leading to very little structural change in the Tatmadaw’s dominance and the laws they implemented far before 2011 that severely restrict freedom of expression and speech. It was hoped that Aung San Suu Kyi and the NLD’s election in 2015 would result in the pardoning of the remaining political prisoners, but the NLD government provided pardons on only seven occasions.
Credit: VOA News (originally Reuters)
In fact, as mentioned previously, Suu Kyi and her party began to use the laws created by the Tatmadaw to suppress political opposition and press freedom (namely the Telecommunications Law, Unlawful Associations Act, and the Official Secrets Act). This is most starkly evidenced by the government’s punishment of two Reuters reporters, Wa Lone and Kyaw Soe Oo, who exposed the massacre of several Rohingya Muslim men orchestrated by the Tatmadaw. As one member of the Protection Committee for Myanmar Journalists states, “if the government doesn’t like what you say, they can charge you with any law. If there is no law, they can make a new one and charge you with that.”
On October 30, 2019, members of a theater troupe called the Peacock Generation Thangyay were sentenced to a year in prison for a satirical performance that allegedly mocked the military. They were accused of violating Section 505(a) of the criminal code. Zayar Lwin, the leader of the group, along with Paing Ye Thu and Paing Phyo Min, two other group members, remain in jail; six additional months were added to Zayar Lwin’s sentence, making his total sentence 6 years. Zayar Lwin is still in prison. In Burma, having a voice at all can land you in prison, while defending your fellow Burmans can increase imprisonment.
In Kachin state, three activists were imprisoned for simply organizing peaceful protests to help free villagers trapped in the jungle after the Burma army attacked. Two of the activists, Lum Zawng and Zau Jat, were pardoned on April 17, 2019, among a nationwide amnesty of 7,000 prisoners, though they were the only two who were charged for political reasons.
Many of these political prisoners have spoken out on their experiences of being imprisoned. Prison conditions in Burma are infamously bleak; they are often overcrowded with poor health provisions that have only been made worse by the pandemic, and prisoners are forced into hard labor for long stretches at a time that are exacerbated by limitations on visitation rights.
With the enactment of an egregious Cybersecurity Law and legal changes that mean anti-coup protesters “could face up to 20 years in prison” if they remain in opposition of the military, the situation in Burma is getting worse. These restrictions on both physical and online movements are attempts by the Tatmadaw to stifle political dissidence of every form in the country.
Since the coup on February 1, about 23,000 criminals were granted amnesty; however, more than 1,5000 civilian protesters have been arrested. It is unclear approximately how many of these people are political prisoners, but it is safe to say that the numbers are much worse than feared, especially given the military’s history.
Credit: Numbers from Association Assistance for Political Prisoners (AAPP); graphic from USCB
Most recently on Monday, February 15, the Tatmadaw released 640 inmates in Arakan State, however, none of those released were political prisoners. The military continues its pretense of benevolence and observing democratic ideals, yet it is the main arbiter of violation of the rule of law and the will of the people of Burma.
Despite this, the people of Burma are resilient. They have faced decades of brutal tyranny, oppression, and imprisonment by the Tatmadaw, and they simply should not have to continue to do this on their own.
Recommendations:
- United States Congress to reintroduce and pass the Burma Political Prisoners Assistance Act (H.R. 2327, S. 2069), “to provide assistance to civil society organizations in Burma that work to secure the release of prisoners of conscience and political prisoners in Burma, and assistance to current and former prisoners of conscience and political prisoners in Burma, and for other purposes”;
- Pressure Burma military junta to immediately and unconditionally release all arbitrarily detained political prisoners,” including those who won seats in the recent 2020 election and the civilians who have been imprisoned before and since the coup;
In Burma, there are laws criminalizing every action and activity that goes against the military junta. While there are no laws holding the Burma military accountable for the human rights violations committed with impunity, the people of Burma are unable to peacefully protest or stand up for their rights without serious repercussions. The US and the international community need to hold the military junta accountable for the extreme atrocities committed against the people of Burma- any lack of action will only legitimize and embolden the military regime to continue their crimes, corruption, and unjust imprisonment of hundreds of political prisoners.
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