EBO Burma News, 28 May 2003

Amnesty International Report 2003

MYANMAR

 

UNION OF MYANMAR

Head of state and government: General Than Shwe

Death penalty: retentionist

International Criminal Court: not signed

 

Daw Aung San Suu Kyi, leader of the main opposition party,

the National League for Democracy (NLD), was released

from de facto house arrest in May. There was no reported

progress in confidential talks about the future of the

country, begun in October 2000, between the ruling

military government – the State Peace and Development

Council (SPDC) – and Aung San Suu Kyi. However, over 300

political prisoners were released during the year, bringing

the total of those released since January 2001 to over 500.

Some 1,300 political prisoners arrested in previous years

remained in prison and some 50 people were arrested for

political reasons, despite the SPDC’s stated commitment to

release political prisoners as part of their undertaking to

work with the NLD. Extrajudicial executions and forced

labour continued to be reported in most of the seven ethnic

minority states, particularly the Shan and Kayin states.

Civilians continued to be the victims of human rights

violations in the context of the SPDC’s counter-insurgency

tactics in parts of the Shan and Kayin states.

 

 

Background

 

As in previous years, the army was involved in skirmishes with

the Karen National Union (KNU), the Karenni National

Progressive Party (KNPP), and the Shan State Army-South (SSASouth).

In May the SSA-South captured some SPDC outposts in

eastern Shan State. The SPDC accused the Thai government of

permitting the SSA-South to launch attacks from Thai territory

and closed the 2,000-km border with Thailand until October.

General Ne Win, who headed the military government

between 1962 and 1988, was placed under de factohouse

arrest with his daughter, Sanda Win, in March. He died in

December; his daughter remained under house arrest. His sonin-

law and three grandsons were arrested at the same time and

detained at Insein Prison. In September the four were

sentenced to death for high treason; their sentences were

appealed but the first appeal was denied and further appeals

were pending. The family was widely believed to have been

involved in economic activities which were contrary to SPDC

interests, and to have tried to influence some members of the

military to support their businesses.

 

 

Political and economic developments

 

Dialogue on substantial issues between the SPDC and the NLD

did not progress during the year. Some NLD offices around the

country reopened, but the party did not receive permission to

publish party materials. On several occasions NLD officials

called on the SPDC to begin talks with them and to release all

political prisoners. Students, NLD members and other activists

calling for political change or who possessed publications by

exiled opposition groups were arrested during the year.

 

During the latter part of the year, Myanmar’s currency, the

kyat, traded at over 800 kyat to the US dollar; the official rate

remained six kyat to the dollar. Large increases in the price of

rice and other commodities, severe power shortages, and the

lack of major development assistance, led to further economic

hardship for much of the population. Farmers continued to be

forced to sell or give part of their rice crop to the government at

significantly lower than market prices. The SPDC continued to

spend a very small proportion of their budget on health,

education and welfare.

 

The lack of adequate nutrition and the prevalence of

preventable diseases in ethnic minority states, particularly in

counter-insurgency areas, increased civilian suffering. The

army continued to subject civilians to forced labour and

extrajudicial executions in southern Shan State in counterinsurgency

efforts against SSA-South. Thousands of Karen

civilians in Papun District, northern Kayin State, continued to

live in hiding from the army after their villages were destroyed.

In April, civilians were forcibly relocated, extrajudicially

executed or subjected to forced labour in Kya-in-seik-gyi and

Kya-in townships in southern Kayin State, in the context of

counter-insurgency measures against the KNU which

continued to operate in these areas. Civilians in some parts of

Mon State, particularly Ye township, were subjected to forced

labour and land confiscation by the army.

 

 

Political prisoners

 

Some 50 people were arrested during the year, most

apparently for their peaceful political opposition activities.

Approximately 1,300 political prisoners remained behind bars,

including 18 members-of-parliament-elect.

 

* Among the prisoners of conscience held during 2002 were

U Win Tin, Ma Khin Khin Leh; U Win Htein; Thet Win Aung, who

had been sentenced to 59 years’ imprisonment in January

1999; and Paw U Tun, alias Min Ko Naing, who was among

almost 30 people held under administrative detention

provisions after having served their sentences.

 

* Prisoner of conscience Dr Salai Tun Than, a professor and

member of the Chin ethnic minority in his seventies who had

been arrested in November 2001 for a staging a peaceful

demonstration, was sentenced in February to seven years’

imprisonment amid ongoing concerns about his health.

b Aung Thein and Kyaw Naing Oo, both NLD youth members,

were arrested in July for possessing publications by an exiled

opposition group. They were reportedly severely beaten

during interrogation. They were sentenced in September to

seven years’ imprisonment.

 

* Two university students, Thet Naung Soe and Khin Maung

Win, were arrested in August for staging a peaceful protest at

Yangon City Hall. In November they were sentenced to 14 and

seven years’ imprisonment respectively.

 

* Ko Shwe Maung, an NLD supporter, was arrested in

November in Mandalay, reportedly after distributing rice to

poor children and making a bamboo hat, the NLD party symbol.

 


Releases

 

Daw Aung San Suu Kyi was released in May and was allowed to

travel freely within the country. U Aye Tha Aung, a prisoner of

conscience and leader of the Arakan League for Democracy,

was released in August. Pastor Gracey, a Chin Christian

minister, and Myo Mying Nyein, a writer, were released in

February; Myo Mying Nyein had been imprisoned since 1990.

Many of the political prisoners released during the year had

completed their sentences.

 

 

Torture and ill-treatment

 

Reports of torture of political prisoners during initial

interrogation by Military Intelligence continued to be

received. Three political prisoners died in custody during the

year, bringing the total known number of custodial deaths of

political prisoners since 1988 to 73.

 

* Sai Phat, a 61-year-old NLD Shan State vice-chairman and

member of the Shan ethnic minority, died in detention in

disputed circumstances in October in Kengtung, Shan State.

He had been organizing local NLD activities when he was

arrested in September, and was reportedly accused of

instigating farmers not to pay a rice tax to the authorities. The

SPDC stated that he died of cerebral malaria; opposition

sources indicated that he may not have received adequate

medical treatment.

 

 

Prison conditions

 

Since the International Committee for the Red Cross (ICRC)

began to visit prisons in Myanmar in 1999, conditions have

improved. However adequate food and medical care for

prisoners was lacking, which contributed to the poor health of

some political prisoners. Convicted criminals were at risk of

being sent to labour camps, where conditions were sometimes

harsh, to work on infrastructure projects. They were also

reportedly taken from prisons to porter for the army in

counter-insurgency areas, placing them at risk of being killed

in combat or of dying from ill-treatment and neglect.

 

 

Forced labour

 

SPDC Order No. 1/99 and Order Supplementing Order No.

1/99, which outlaws forced labour by the military and all other

government officials and provides for punishments for those

found responsible, appeared not to have been enforced by

the SPDC in many parts of the seven ethnic minority states.

Some civilians were told about the orders by the military, but

there did not appear to be any decline in forced labour.

Unpaid forced labour and extortion of money, food and other

goods from civilians by the military continued in some areas

of the Shan, Kayin, Chin, Rakhine and Mon states, and in the

Tanintharyi Division. As part of the military’s self-sufficiency

drive, ethnic minority civilians were forced to work on

infrastructure projects and on military farms, which had

previously been confiscated from the civilian population.

Civilians were subjected to forced portering, which entailed

carrying heavy loads for soldiers over rugged terrain for

extended periods, in counter-insurgency areas.

 

* A Mon woman who worked as a day labourer in

Thanbuyzat township, Mon State, was forced to build a road

for 10 days in January by the military; she had to perform

unpaid forced labour for several days every month.

 

* A Shan man from Namzarng township was forced to carry

meat for the army during forced portering duties in February.

Despite paying “porter fees” twice per month to avoid being

taken, he was forced to work on military farms and dig

trenches.

 

 

Extrajudicial executions

 

Extrajudicial executions of ethnic minority civilians taking no

active part in the hostilities continued to be reported,

particularly in the context of the army’s counter-insurgency

activities when civilians were punished for alleged contacts

with armed opposition groups.

* In January Lun Kon, Sai Ohn Ta, Sai Nyunt, Pa Pan, Nang

Leng, four-month-old Naing Naing, six Shan civilians from

Murngkerng township, Shan State, were shot dead by

members of Infantry Battalion 281 in Murngton township as

they were travelling to Thailand.

 

 

International initiatives

 

In April the UN Commission on Human Rights adopted by

consensus its 11th resolution extending the mandate of the

Special Rapporteur on Myanmar for another year. The

resolution expressed concern about the high level of human

rights violations, and urged the SPDC to accelerate the pace of

national reconciliation. In December a similar resolution was

adopted by consensus by the UN General Assembly.

 

In May the USA renewed limited economic sanctions against

Myanmar. The European Union (EU) Common Position which

provided for limited sanctions was renewed in April and again

in October. EU troika visits took place in February and

September.

 

The International Labour Organisation (ILO) opened a

liaison office in Yangon in June under a March agreement with

the SPDC, and in September appointed a permanent Liaison

Officer. The Liaison Officer met with the SPDC Implementation

Committee and other officials, but no independent mechanism

for investigating reports of forced labour had been established

by the SPDC by the end of the year. The UN Secretary-General’s

Special Envoy visited the country three times in attempts to

foster political dialogue between the NLD and the SPDC and to

facilitate the release of political prisoners. The UN Special

Rapporteur on Myanmar visited the country in February and

October, when he was given unimpeded access to prisons and

allowed to travel outside of Yangon.

 

 

AI country reports/visits

 

Reports

 

• Myanmar: Lack of security in counter-insurgency areas (AI

Index: ASA 16/007/2002)

• Myanmar: Fear for safety/fear of torture/possible prisoners

of conscience (AI Index: ASA 16/011/2002)

Amnesty International Report 2003 - This report covers the period January to December 2002

ISBN: 0 86210 329 0

AI index: POL 10/003/2003

 

Amnesty International Report 2003 - This report covers the period January to December 2002

ISBN: 0 86210 329 0

AI index: POL 10/003/2003

www.amnesty.org

© Copyright Amnesty International Publications 2003

 

 

 

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