Burma’s military
regime remains one of the world’s worst violators
of civil and political rights, as well as economic,
social, and cultural rights. Freedom House has ranked
Burma as “not free” since 1989 with regard
to both political rights and civil liberties.
Arbitrary
arrests, fair trial, releases
Over 2,100 political
prisoners, including 15 elected MPs, remain detained
in prisons across Burma. SPDC authorities routinely
arrest and detain ordinary citizens, political activists,
and members of parliament elected in the 1990 elections
solely for exercising their rights and freedoms guaranteed
by the Universal Declaration of Human Rights.
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The SPDC has adopted repressive laws to imprison political
activists. These include the 1962 Printers and Publishers
Registration Act; the 1908 Unlawful Associations Act;
the 1950 Emergency Provisions Act and the 1975 State
Protection Law.
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Individuals are held incommunicado for lengthy periods
after arrest. The authorities frequently make prejudicial
statements about defendants before their trial begins.
The right to legal representation of one’s own
choice is frequently denied.
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The SPDC enforces decrees such as the 1975 State Protection
Law, which allows the Home Minister to detain without
charge anyone he believes may “endanger the state”.
Such detention orders are routinely renewed, with some
detained under such conditions for more many years.
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The regime periodically embarks on mass releases of
prisoners. However, most of those released are common
criminals and not political prisoners. Between 18 November
2004 and 20 January 2009 the SPDC granted amnesty to
38,386 inmates. Only 424 (1.1%) were political prisoners.
Conditions
of detention, torture, custodial deaths
Prison conditions
in Burma are poor and well below internationally accepted
standards. It is estimated that prisons in Burma comply
with less than 10% of the internationally recognized
Standard Minimum Rules for the Treatment of Prisoners.
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Prisoners in Burma are susceptible to a host of detention-related
health problems, due to inadequate dietary regime,
poor hygienic conditions, and denial of necessary
and timely medical treatment.
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SPDC prison official often torture prisoners. Methods
of torture include being shackled, beaten, and forced
to perform pounzan (a squatting position,
in which prisoners have to put their clenched hands
on their knees). Reports periodically surface regarding
the beating of political prisoners by prison gangs.
The beatings are encouraged and condoned by the SPDC
prison authorities.
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Since 1988, at least 138 political prisoners have
died in prisons across Burma as a result of torture,
ill-treatment, and lack of healthcare.
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In December 2005, the International Committee of the
Red Cross (ICRC) suspended prisons visit throughout
Burma because of interference by regime-backed Union
Solidarity and Development Association (USDA).
Freedom
of information
Media in Burma are
among the most tightly restricted in the world. For
several consecutive years, Reporters without Border’s
Press Freedom index has ranked Burma among the worst
five countries in the world. The SPDC is also featured
in the media watchdog’s list of Internet Enemies.
Some 16 journalists and bloggers are currently in prison.
Among the factors that contribute to such a poor performance
are:
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The SPDC zealously enforces laws banning speech or
statements that "undermine national stability".
Those who publicly express or disseminate views that
are critical of the regime are subject to strict penalties,
including lengthy prison terms. To date, five journalists
remain jailed in Burma.
•
Absence of a free and pluralist media beyond the state-controlled
TV, radio and press. The junta owns all broadcast
media and daily newspapers and exercises tight control
over a growing number of privately owned weekly and
monthly publications. While official media outlets
serve as mouthpieces of the regime, private media
avoid covering domestic political news, and many journalists
practice self-censorship.
•
Registration of all publications with the Press Scrutiny
and Registration Division (PSRD) under the control
of the Ministry of Information, with each periodical
expected to provide detailed information about staff,
ownership, and financial backing.
•
Internet availability is limited and expensive. The
junta exercises tight control of internet access,
blocks website close to the pro-democracy movement,
and monitors e-mails and other forms of electronic
communications.
Religious
freedom
Religious persecution
in Burma – forced conversion, limitations on religious
practice, destruction of places of worship, persecution
of religious leaders - typically targets Muslims and
Christians, especially in Arakan, Karen, and Chin States.
Discrimination and religious tensions are often instigated,
exploited and magnified by the regime or regime-sponsored
organizations such as the USDA for political purposes.
Religious texts are restricted in publication, and subject
to confiscation and censorship. The SPDC controls and
restricts 400,000 Buddhist clergy, through the Sangha
Nayaka Council, particularly activities that promote
human rights and political freedoms. Festivals and times
of pilgrimage coincide with further tightening of restrictions
and the extraction of maximum bribes.
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Buddhism (90%), Christianity (5.6%), Islam (3.8%), Hindu
and Animistic traditions play significant roles in the
political and private life of the people of Burma.
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The promotion of Buddhism, particularly Theravada Buddhism,
is interwoven with the regime’s program of Burmanization.
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Religious minorities are targeted by the military in
attacks, have their freedom of movement and employment
restricted.
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Muslim Rohingya are denied citizenship by the regime
and are regularly subjected to discrimination and persecution
by the SPDC authorities.
Forced
Labor
Despite having ratified
the International Labor Organization (ILO) Convention
29 on forced labor, the SPDC engages in systematic forced
labor abuses. Burma’s military regime’s
extensive and pervasive forced labor rights violations
have been discussed and documented by the ILO. The SPDC’s
widespread forced labor violations have also been the
topics of numerous reports published by independent
NGOs, including the International Trade Union Confederation
(ITUC – formerly the ICFTU), Amnesty International,
and Human Rights Watch.
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All of Burma’s citizens are at risk of being subjected
to forced labor. And those subject to forced labor practices
are often the victims of torture or summary execution.
Threatened with jail, bodily injury, and fines, civilians
are forced to serve as military porters, act as human
mine detectors, and work on infrastructure projects
involving the construction of roads, dams, railroads,
and military barracks with little or no pay.
•
Reporting forced labor practices has resulted in the
persecution, arrest, and the detention of the complaining
party.
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The forced labor situation in Burma has not improved
in the six years since the ILO first addressed the issue
in November 2000. While the regime has responded to
ILO pressure with positive measures, any gains have
been lost as soon as pressure is eased. In February
2007, the SPDC signed an agreement with the ILO on the
reporting and processing of forced labor complaints.
Even with the signing of this agreement reports of forced
labor continue.