Observatory for the Protection of Human Rights Defenders Annual Report 2009 - Burma

Political context

Perhaps the most significant event of 2008 in Burma was the grave humanitarian crisis caused by Cyclone Nargis, which hit the country on May 2-3, 2008, resulting in an estimated 140,000 dead or missing and an estimated 2.4 million people severely affected.¹ Despite immediate offers of humanitarian assistance from the international community, the Burmese authorities initially denied international humanitarian aid operations access to the affected areas and refused to grant visas to aid workers and humanitarian experts. This restricted access exacerbated the already colossal scale of the disaster. When the regime did finally accept humanitarian aid, reports were made of corrupt practices in the distribution of aid and the diversion of aid funds for personal benefit.² There were also reports of numerous human rights violations committed by members of the ruling State Peace and Development Council (SPDC) following the cyclone, including the recruitment of child soldiers, forced labour of cyclone survivors to carry out reconstruction work, confiscation of farmland and forced return of internally displaced persons to areas where they did not have access to aid.³

The other key political event occurred shortly after Cyclone Nargis hit the country. A new Constitution, which had been finalised by the SPDC in February 2008, was adopted through a referendum held on May 10 and 24, 2008. Despite the devastation caused by Cyclone Nargis and calls by the United Nations Secretary-General, Mr. Ban Ki-moon, to focus attention on and dedicate all resources to the emergency humanitarian response as a matter of priority,⁴ the authorities decided to go ahead with the referendum on May 10, 2008, only postponing the referendum until May 24 for those areas most affected by the cyclone. The run up to the referendum was marked by a number of irregularities, intensified intimidation and violence by the regime to exert pressure on the people to ensure they vote in favour of the Constitution, as well as severe restrictions on access to information and on freedoms of expression, assembly and association to discourage any informed substantial public debate on the Constitution. Criticism of and opposition to the draft constitution and referendum were expressly proscribed by domestic laws⁵ and the whole process was described as being "devoid of any democratic legitimacy".⁶ The reported result that 92.48 per cent approved the Constitution therefore lacks credibility. The National League for Democracy (NLD) and various groups⁷ formally announced their rejection of the Constitution and the process by which it was adopted. The new Constitution calls for a multiparty democracy with regular elections,⁸ yet it bars Ms. Aung San Suu Kyi – whose house arrest was extended for another year in May 2008 – from running for election as President of the Union of Myanmar. The Constitution was also criticised as it maintains the military's dominant role in politics⁹ and because the drafting process did not allow for input from other stakeholders.¹⁰

Following Cyclone Nargis, the Burmese Government authorised a visit by Mr. Ban Ki-moon, which took place on May 22-23, 2008, the first visit of a UN Secretary-General to the country in 44 years. The newly appointed UN Special Rapporteur on the situation of human rights in Myanmar, Mr. Tomás Ojea Quintana, also visited the country in August 2008 and the Special Adviser to the Secretary-General made a number of visits throughout the year. However, whilst this may be viewed as progress, plans for the UN Secretary-General to make a further visit in December 2008 were called into question when the UN Secretary-General said that he would cancel his planned visit to Burma if the SPDC failed to make any discernible progress in implementing democratic reforms, which would include the release of Ms. Aung San Suu Kyi and other political prisoners. In the end, Mr. Bandid not go to Burma.¹¹

On September 23, 2008, the regime took some positive steps when it released eight political prisoners. However, the hope that more prisoners would be released was short-lived when Ms. Aung San Suu Kyi's personal assistant, Mr. Win Htein, one of those released, was re-arrested within 17 hours, followed by the arrest of nine NLD members on November 27.¹² Indeed, despite repeated requests for release of political prisoners by the international community,¹³ the political repression intensified throughout 2008, with the number of political prisoners increasing from 1,192 in June 2007 to 2,123 in September 2008.¹⁴

In 2008, Burma remained characterised by its severe repression of all human rights activities.

Crackdown on freedom of assembly

In Burma, anyone campaigning for the respect of human rights or for democracy continued in 2008 to face heavy repression from the military regime. This repression was stepped up after the protests of September 2007 – frequently referred to as the "Saffron Revolution" – through the use of its draconian "security laws" and spurious legal proceedings.¹⁵ The majority of those targeted in 2008 had some connection with or involvement in the 2007 demonstrations, either through direct participation in the protests or through attempts to provide accounts of or visual information regarding the crackdown. Monks were also the victims of harassment, arrests and arbitrary detentions. For example, in September 2008, the authorities increased their presence in and around monasteries, as well as their surveillance of monks' activities and also imposed travel restrictions.¹⁶

In May 2008, about 127 persons were arrested in connection with the referendum. Between July and September 2008, at least 91 political activists and human rights defenders were arrested and at least 60 were sentenced to imprisonment. Many of these arrests and imprisonments were related to their involvement in the September 2007 protests¹⁷ or in response to a crackdown by the regime in August, fearing a wave of demonstrations to commemorate the 20th anniversary of the uprising on August 8, 1988 and again in September, in the days leading up to the anniversary of the Saffron Revolution.¹⁸

Towards the end of the year, the regime stepped up court actions against political activists, monks, nuns, journalists and labour activists, many of whom were convicted during summary secret trials held in prisons. In November 2008 alone, more than one hundred detained activists and monks were sentenced. The international community expressed deep concern about these harsh and excessive sentences imposed on activists after unfair trials, without legal representation.¹⁹ For instance, on November 11, 2008, Ms. Nilar Thein was sentenced to 65 years' imprisonment, and was transferred to Thayet prison, Magwe division, about 225 miles away from Rangoon. Ms. Nilar Thein was one of the leading woman activists involved in the early protest marches in August 2007; she went into hiding to escape the regime's crackdown. Whilst in hiding, Ms. Nilar Thein continued to issue public appeals calling for the international community to take action in resolving the grave human rights abuses that women suffer under the military regime in Burma. However she was arrested on September 10, 2008. Likewise, Ms. Su Su Nway, labour activist and a member of the youthwing of the NLD, was sentenced on November 11 to 12 years and a half in prison. She was arrested on November 13, 2007 during a UN visit to Myanmar to investigate the September 2007 crackdown, after attempting to put up leaflets near the hotel where a UN investigator was staying.²⁰ Concerns were also raised by the international community about the harsh conditions of detention, including the use of torture and forced labour, as well as the denial of medical treatment.²¹

Repression against human rights lawyers

Human rights lawyers defending activists involved in particular in the Saffron Revolution were also targeted by the authorities. For example, on October 30, 2008, Mr. Nyi Nyi Htwe and Mr. Saw Kyaw Kyaw Min were sentenced to six months' imprisonment for "interruption and insulting the judiciary proceedings" due to their involvement in the defence of 11 NLD youths. On November 7, 2008, two NLD lawyers, Mr. U Aung Thein and Mr. U Khin Maung Shein, were sentenced to four months' imprisonment by the Supreme Court for contempt of court, after they tried to withdraw their representation of four activists, who had instructed them to withdraw given that they had no confidence in the judiciary system, and had therefore concluded that they no longer needed defence lawyers and would no longer cooperate with the court. As these two lawyers represent over 100 democracy activists, their imprisonment may result in the trials of detained activists continuing without any defence lawyer.²²

Repression against media workers and cyber-dissidents

Following the Saffron Revolution in September 2007, the military also intensified its crackdown on the media. In 2008, journalists and bloggers, who reported on and sent footage of the regime's brutal repression of the protests, were arrested and imprisoned, and publications were banned or suspended for allegedly failing to comply with the Government's censorship legislation. For example, on February 15, 2008, the police raided the offices of Myo Myanmar ("Myanmar Nation") in Yangon and arrested its Editor-in-chief, Mr. Thet Zin, and its Office Manager, Mr. Sein Win Maung (alias Ko Soe). The police found and confiscated video footage of the September 2007 protests, a copy of the UN Special Rapporteur's report and several books and disks. The Government banned the publication and distribution of Myo Myanmar on February 19, 2008 and, in early March 2008, charged Messrs. Thet Zin and Sein Win Maung under the Printers and Publishers Registration Law. On November 28, 2008, they were both sentenced to seven years' imprisonment.²³

Cyber-dissidents also continued to be arrested and imprisoned for attempting to express their political opinion and also for posting information relating to the September 2007 protests. For example, the blogger Mr. Nay Phone Latt (alias Nay Myo Kyaw) was arrested on January 29, 2008 and then sentenced on November 10 to twenty years in prison for crimes against public tranquillity and offences under video and electronics laws in relation to his web-postings and reports of the protests in September 2007.²⁴ The Burmese military also paralysed Internet access to the free media, with Internet café owners being required to monitor and report on user's activity to the military.²⁵

Journalists exposing corruption were also targeted. For example, Messrs. Tun Tun Thein and Khin Maung Aye, respectively reporter and Editor of the News Watch Journal, were arrested on November 7, 2008 and sentenced to three months' imprisonment for respectively writing and editing an article published in July 2008 that exposed corruption within the judiciary.²⁶

Repression against labour activists

Labour activists were also subjected to arbitrary detention and harsh sentences. For instance, on September 16, 2008, Mr. U Thet Way, a labour activist actively working to prevent the recruitment of child soldiers and forced labour and who had provided information to the International Labour Organisation (ILO) on these issues, was sentenced to two years' imprisonment with hard labour. He had been arrested on January 9, 2008 while attending the trial of Mr. U Ohn Than, who was arrested for having participated in a sole protest in Rangoon, after police officials had found and confiscated a memory stick containing the documents he had sent to the ILO. When he complained about the police search and confiscation of the memory stick without a proper warrant, he was charged with "obstruction of performance of official's duty".

Repression against aid workers

In addition to the repression of Burmese activists, 2008 marked increased restrictions on aid workers from international NGOs. Thus, in January 2008, officials from the Ministry of Health warned aid workers that they must comply with the rules and also report on their activities. Furthermore, travel restrictions were put in place, with foreign aid workers having to be accompanied by a Ministry's Liaison Officer and travel permits for field work being issued for one month only instead of three.²⁷ International NGOs working in health education and counselling for HIV/AIDS patients in particular were targeted. In March, NGOs working in this sector were ordered by the authorities to stop their activities at the grassroots level. This included Save the Children Fund, Population Services International (PSI), Marie Stopes International (MSI), Care International in Myanmar (Care-Myanmar) and World Vision. Moreover, following Cyclone Nargis, the SPDC arrested 21 individuals for carrying out relief activities in the Irrawaddy delta, including Mr. Nyan Tun, who was given a 14 years' imprisonment sentence in September 2008,²⁸ and prominent comedian, film director and activist Zarganar, who was sentenced on November 21 and 27, 2008 to, respectively, 45 years' and 14 years' imprisonment for multiple charges, including "committing disaffection towards the State and Government by using the Internet".²⁹

Urgent Interventions issued by the Observatory in 2008³⁰

1 See UN Document A/63/356, Situation of human rights in Myanmar: Report of the Secretary-General, September 17, 2008.

2 See Alternative ASEAN Network on Burma (ALTSEAN), Burma Bulletin Issue 22, October 2008.

3 See ALTSEAN, Burma Bulletin Issue 22, October 2008. See also UN Press Release, June 18, 2008.

4 See UN Document A/63/356, Situation of human rights in Myanmar: Report of the Secretary-General, September 17, 2008.

5 See UN Document A/63/341, Situation of human rights in Myanmar: Note by the Secretary-General, September 5, 2008.

6 See European Parliament Press Release, April 24, 2008.

7 Including the United Nationalities Alliance, the "88 Generation" students' group, the All Burma Monks' Alliance, the All Burma Federation of Student Unions and a number of exile groups with constituencies inside Burma. See UN Document A/63/356, Situation of human rights in Myanmar: Report of the Secretary-General, September 17, 2008.

8 The first regular election is due to take place in 2010.

9 See Dr. Ibrahim Gambari, Special Adviser to the Secretary-General on Myanmar, in an interview with the Straits Times, Singapore, March 26, 2008.

10 See UN Document A/63/356, Situation of human rights in Myanmar: Report of the Secretary-General, September 17, 2008.

11 See ALTSEAN, Burma Bulletin Issue 22, October 2008.

12 See US Campaign for Burma and European Parliament Resolution P6_TA-PROV(2008)10-23, October 23, 2008.

13 Including the European Parliament, the UN High Commissioner for Human Rights, the UN Security Council, the UN Human Rights Council, the UN General Assembly and the UN Special Rapporteur on the human rights situation in Myanmar.

14 See Assistance Association for Political Prisoners (AAPP) and US Campaign for Burma, The Future in the Dark: The Massive Increase in Burma's Political Prisoners, September 2008.

15 See ALTSEAN Press Release, September 22, 2008.

16 See ALTSEAN, Burma Bulletin Issue 21, September 2008.

17 See AAPP and US Campaign for Burma, The Future in the Dark: The Massive Increase in Burma's Political Prisoners, September 2008.

18 See ALTSEAN, Burma Bulletin Issue 20, August 2008, and Burma Bulletin Issue 21, September 2008.

19 See UN Press Release, November 12, 2008; Declaration by the EU Presidency on the prison sentences handed down to human rights activists in Burma, November 12, 2008; and ASEAN Inter-Parliamentary Myanmar Caucus' Statement, November 12, 2008. Various States also expressed their concern, including the UK, Canada and the USA.

20 Ms. Su Su Nway was the first person to successfully prosecute local authorities for their practice of forced labour in 2005. She had already been imprisoned after successfully taking legal action against village authorities over their use of forced labour. The officials concerned received prison terms, following which Ms. Su Su Nway was charged with criminal intimidation and sentenced to 18 months in jail in October 2005. She was later released in June 2006. See US Campaign for Burma.

21 See UN Press Release, February 5, 2008; European Parliament Resolution P6_TAPROV(2008)10-23, October 23, 2008.

22 See US Campaign for Burma.

23 See US Campaign for Burma and also UN Document A/HRC/7/24, Report of the Special Rapporteur on the situation of human right in Myanmar, March 7, 2008.

24 See US Campaign for Burma.

25 See US Campaign for Burma and also European Parliament Resolution P6_TA-PROV(2008)10-23 of October 23, 2008.

26 See US Campaign for Burma.

27 See UN Document A/HRC/7/18, Report of the Special Rapporteur on the situation of human rights in Myanmar, March 7, 2008.

28 On June 27, 2008, Mr. Nyan Tun was arrested because he was trying to appeal to the SPDC headquarters in Nay Pyi Taw about the forcible removal of Nargis victims from a camp in Labutta Township by local authorities. On September 28, 2008, he was given a 14 years' imprisonment at Myaungmya Township Court in Irrawaddy Division. As of the end of 2008, he was detained in Pegu Division of Tharawaddy prison.

29 As of the end of 2008, Mr. Zarganar was being held in Myitkyina prison, in Kachin State. See AAPP, Chronology of Political Prisoners in Burma for January 2009, 2009.

30 See the Compilation of cases in the CD-Rom attached to this report.