Freedoms of opinion, expression, and the press have been virtually non-existent in Burma since the military coup of 1988. The Press Scrutiny Board (PSB), a division of the powerful Ministry of Information, scrutinizes every publication for anything perceived as ‘anti-government.’ Similar censorship boards retain tight control over art, music, film, performance, and all other forms of artistic expression. All authors, publishers, journalists and poets must submit a personal biography to the board of literary censorship. The board then investigates to find out if these individuals have any association to opposition political parties or connections to other people or groups deemed threatening by the regime. Anyone suspected or proved to have ‘undesirable’ connections is placed on a blacklist and their work is not allowed to be published.

As part of their overall effort to control information, the military regime severely restricts all forms of communication. Without a government permit, which is expensive and difficult to obtain, individuals can be arrested for possessing or using fax machines, mobile phones, photo copies or computers.

People’s access to information in Burma is officially limited to one main state run news agency, that disseminates information to government controlled newspapers, radio, and television stations. Burma’s four daily newspapers are all published by the News and Periodicals Enterprise (NPE), a division of the Information Ministry. While currently there are approximately 50 private weekly and monthly magazines published in Rangoon, all are kept under close scrutiny by the regime. Burmese people are well aware that much of the news from official sources is propaganda, and to find out what is really happening in their own country and the rest of the world they must depend on sources of information outlawed by the regime.

A main source of outside information is the daily Burmese-language radio broadcasts by Radio Free Asia (RFA), Voice of America (VOA), British Broadcasting Corporation (BBC), and the Democratic Voice of Burma (DVB). In addition, copies of international newspapers and newsmagazines are smuggled into the country, as are a limited number of publications by exiled groups working along the Thai/Burma border. The junta is aware of and attempts to cut off these sources of information. Outside radio broadcasts are closely monitored and sometimes scrambled, and individuals caught distributing or possessing dissident or foreign news material are punished. At present, within Burma, there is almost no underground press activity, as the students who undertook such activities in the past, have largely been imprisoned, killed, or forced into hiding or exile.

International Media watchdog groups such as the Center to Protect Journalists (CPJ) and Reporters Sans Fronti่res (RSF - Reporters Without Borders) have repeatedly criticized the Burmese regime for its suppression of press freedoms, and its imprisonment of journalists

In June 2001, the military regime issued edicts reminding people that it was illegal to own books, magazines, cassettes and videos that contained information “hostile to the SPDC”. Violating this law carries a sentence of up to 10 years in prison. (Source: DVB)

(Source: Burma UN Service Office)

This law makes it an offence, among other things, to possess, control, receive or communicate any document or information, the disclosure of which is likely to affect the sovereignty and integrity of the state or friendly relations with foreign states or otherwise prejudicial to the safety of the state (sec. 5). No exception is made for disclosure of classified information on public interest grounds. Anyone convicted of an offence is liable to be punished with imprisonment for up to two years, or with a fine, or with both. Other, lesser known laws have been used by the military regime to justify their frequent clampdown on freedom of statement. These include:

The Burma Wireless Telegraphy Act 1933, which makes it an offence to possess, without official permission, any ‘wireless telegraphy apparatus’. This law was amended in 1995 to cover the use of unlicensed fax machines, and again in 1996 to cover computer modems. Anyone found possessing these apparatus without official permission was made liable to be imprisoned for up to three years or fined up to 30,000 kyats. In April 1996, the SLORC used this law to prosecute James Leander Nichols, a close friend of Aung San Suu Kyi, on charges of operating unregistered telephone and facsimile lines from his home in Rangoon. Nichols was sentenced to three years’ imprisonment, but died two months into his prison term, allegedly as a result of previous medical problems.

Section 122, Penal Code of Burma, makes it an offence to commit treason against the government. This offence is punishable with death, or with imprisonment for life. Several of the NLD functionaries who attended meetings in Mandalay in September and October 1990 with a view to forming a provisional government-in-exile after the election results were disregarded, were arrested and sentenced from 10 to 25 years’ imprisonment under this section.

The Law Protecting the Peaceful and Systematic Transfer of State Responsibility and the Successful Performance of the Functions of the National Convention Against Disturbances and Oppositions, makes it an offence, among other things, to incite, demonstrate, deliver speeches, make oral or written statements and disseminate anything which would ‘disrupt and deteriorate the stability of the state, community peace and tranquillity and prevalence of law and order’, or ‘affect and destroy national reconsolidation’, or ‘affect, destroy and belittle the tasks being implemented at the National Convention for the emergence of a firm and enduring Constitution and cause misunderstanding among the people’. It also forbids anyone from drawing up or writing or distributing a Constitution for the country without legal authorization, and makes any attempts at collaboration in any of the above-mentioned acts an offence.

Each of these acts is made punishable with imprisonment from between three months to twenty years and a possible fine. Organizations found guilty of any of the offences risk being banned or disbanded and their properties confiscated. This law was used, for example, against nine students in September 1996 after they had distributed leaflets outside Aung San Suu Kyi’s house in Rangoon. Observers believe this law specifically targets the NLD and Aung San Suu Kyi who, in 1996, announced that she and her colleagues had decided to write a new constitution for the country due to the SLORC’s continued refusal to hand over power to the 1990 elected representatives.

This law confers sweeping powers on the authorities to silence and punish any real or perceived dissent, even in the absence of a proclaimed state of emergency.

It is an offence, punishable with imprisonment for up to seven years, to commit any act which ‘violates or infringes upon the integrity, health, conduct and respect of State military organizations and government employees towards the government’ (art. 5(a)), or ‘causes or intends to spread false news about the government’ (art. 5(e)), or ‘causes or intends to disrupt the morality or the behavior of a group of people or the general public’ (art. 5(j)).

Article 3 renders any act which is ‘intended to cause, or causes, sabotage or hinders the successful functioning of the State military organization and criminal investigative organizations’ liable to be punished with death or life imprisonment.

Similar punishment is prescribed for ‘collecting and divulging, or intending to divulge, information to people involved in treason against the State, on the movements, the strength, the location, the guidelines and regional defense strategies of the State military organizations and criminal investigative organizations who are engaged in preserving the stability of the State’ (art. 2).

This law has historically been the main instrument of official censorship, requiring all books, magazines, other periodicals, song lyrics, and motion picture scripts to be submitted for vetting to the SPDC prior to publication or, in some cases, prior to distribution. The effect has been to shut out any criticism whatsoever of the regime. Anyone who fails to comply with any rules or regulations framed under the law could be imprisoned for up to seven years and fined up to 30,000 kyats.

State Protection Law 1975 (also known as the ‘Law to Safeguard the State from the Dangers of Destructive Elements’)

This law allows the government to declare a state of emergency in a part or the whole of Burma and to restrict any fundamental rights of the citizens in specified regions or all over the country (sec. 4).

The law gives the authorities sweeping powers: anyone who is suspected of having committed, or who is committing, or who is about to commit, any act which ‘endangers the sovereignty and security of the state or public peace and tranquillity’, can be imprisoned for up to five years without trial on the orders of the executive (sec. 14, as amended by Law 11/91, dated 9 Aug. 1991).

This law also allows the executive to pass restriction orders under which anyone can be confined to a specified area or have their freedom of movement otherwise restrained, or be prohibited from possessing or using specified articles (sec. 11). No order passed under this law can be the subject of an appeal to any court, although appeals are allowed to be made to the Union Cabinet.

This law provides for compulsory licensing of television sets, video cassette recorders and satellite television by the Ministry of Communications, Posts and Telegraphs, and of the video business by newly constituted State or Divisional Video Business Supervisory Committees. The latter have been given responsibility for deciding on the grant of video business licenses and for inspecting and supervising video businesses within their territorial jurisdictions.

The law also provides for mandatory censorship of all video tapes, whether locally produced or imported, by a Video Censor Board composed of government officials and representatives of the public. The requirement of obtaining censorship certificates has been extended also to videotapes imported by foreign diplomatic missions or agencies of the UN for public exhibition. Operation of a television transmission business without permission from the SPDC is punishable by imprisonment for up to five years or an unspecified fine.

This law creates a regime of censorship for conventional cinematograph films. A license must be obtained from the Myanmar Motion Picture Enterprise, a State agency. Violation of the terms and conditions of a license are punishable with a fine ranging from 5,000 kyats to 50,000 kyats and with revocation of the license. The law also provides for the establishment of a Motion Picture Censor Board. Foreign diplomatic missions and the UN have been made subject to the censorship regime under this law. Appeals against decisions by both entities can only be made to the Ministry of Information whose decision on appeals are final and conclusive.

This law requires anyone who wishes to import, possess or use computer equipment, notably those with networking or communication facility, to obtain a license from the Ministry of Communications, Posts and Telegraphs. It also requires those who wish to set up ‘a computer network or connecting a link inside the computer network’ to apply for prior sanction to that Ministry’ (sec. 28).

The Ministry is granted absolute power to grant or refuse licenses and sanctions and to impose conditions. Failure to obtain a license or sanction is made punishable with imprisonment for between seven and 15 years and with an unspecified fine (secs. 31, 32).

It establishes strict controls on the formation and operation of computer-related associations - three types of associations may be formed with official sanction (the Computer Enthusiasts, Entrepreneurs’ and Scientists’ Associations), all others are illegal. Anyone forming, running or belonging to an illegal association is liable to be punished with imprisonment for up to three years, or with a fine, or with both.

The law makes attempts or conspiracy to commit an offence punishable with the same everity as the offence itself.

Strict government censorship ensures that the Burmese media exists largely as a propaganda machine for the regime, and that journalists are prohibited from reporting on any events of real importance. Topics banned from media coverage include: natural disasters, debates about government policies, criticisms and commentary about the poor state of the national economy, or any local, national or international news which could be seen as uncomplimentary to the government. Currently, the on-going dialogue between the Junta and Aung San Suu Kyi, while widely reported on in the international press, has also been off-limits to most media in Burma. In addition, coverage of important international events is also frequently restricted. In Burma, the September 11th terrorist attacks on the United States went unreported by state television stations and received only brief mention in government newspapers. Vendors hawking contraband videotapes of CNN’s September 11th coverage were threatened with arrest by police, who confiscated the tapes.

In March 2001, Chief of Military Intelligence, Khin Nyunt, gave a public speech explaining the regime’s press policy to members of the Information Ministry. He stated that: “The staff should know the importance of the news value in line with the time and condition. As the staff…are experienced persons in the journalism field, they have the ability to differentiate between the news which will benefit the nation and the people and the news which will have a bad effect on the nation and the people.” (Source: CPJ)

Severely restricted in the news they can print, the 50 or so private journals published in Burma are also regularly forced to pay stiff bribes just to get non-offensive materials passed by the censorship board. If an article is found to violate government standards, the editors are forced to change the entire layout of the magazine to hide the removal of the censored material. Thus there is a strong incentive for magazine editors and writers to engage in self-censorship in order to avoid this extremely time-consuming and expensive process. In addition to being forced to remove ‘sensitive’ articles, private magazines are also frequently ordered to print articles supporting the military and denouncing Aung San Suu Kyi and the NLD. Individuals that fail to fall in line with these regulations are denied jobs, harassed, and sometimes thrown in jail. According to RSF, 18 media professionals are currently imprisoned in Burma, leading the organization to label the country “the largest prison for journalists in Asia.” (Source: RSF)

Foreign journalists, while not subject to the same risks and pressures as Burmese journalists, also face restrictions on reporting news from Burma. No foreign journalists are allowed to live in Rangoon, with the exception of one correspondent for China’s official Xinhua News Agency. Visiting foreign reporters must apply for special journalist visas as well as a “Permit to Conduct Journalistic Activities.” Reporters granted visas are kept under close surveillance by MI agents, who try to prevent them from interviewing opposition leaders, including Aung San Suu Kyi. International journalists who write articles critical of the regime can find themselves banned from the country. (See article below on recently banned foreign journalists). Swedish journalist Bertil Lintner, a reporter for the Far Eastern Economic Review and internationally renowned authority on Burma, has been blacklisted from the country for the past fifteen years. However, since the onset of the dialogue between the NLD and the junta, some foreign correspondents report that it has become easier to enter Burma and that once inside they are given more freedom.

Several other positive developments for press freedoms linked to the talks have also occurred in 2001. State newspapers, for the first time in many years, have been able to refer to Aung San Suu Kyi without attaching negative rhetoric to any mention of her name. A further, more controversial development, is the continuing publication of The Myanmar Times, a glossy weekly magazine launched in March 2000, and published in English and Burmese. The magazine is privately owned by an Australian publisher, but is closely linked with the Office of Strategic Studies (OSS), which is controlled by military intelligence chief Lt. Gen. Khin Nyunt. The Myanmar Times has more latitude than any other news source in the topics it is allowed to cover, and recent issues have included articles about the release of political prisoners and the reopening of NLD offices. While some analysts see this as a sign that the regime is becoming more open, others believe that Khin Nyunt’s support of the Times merely highlights a split between factions within the Junta on how to present information. Doubts about the Times objectivity increased when a February 2001 article in the The Irrawaddy, a newsmagazine published by Burmese journalists in exile, reported that OSS officials had privately credited The Myanmar Times as the best source of information for the intelligence agency’s views.

Whatever the perceived loosening of restrictions on the press it is important to note that at the present time, Aung San Suu Kyi continues to be detained under house arrest and remains prohibited from talking to the press.

On 13 June 2001 editor and parliament member Maung Wuntha, also known under his pen name Soe Thein, was released from Insein prison. Editor of the magazine Ah-twe-Ah-myin (The Thought), Soe Thein was arrested on 21 May 1996 and sentenced to five years in prison for writing articles defending the NLD. While in jail he suffered from a serious stomach disease and high blood pressure, that caused him to have two heart attacks while incarcerated. Despite international pressure Soe Thein consistently failed to receive proper medical treatment, and instead was subjected to psychological abuse by prison guards and members of the Military Intelligence.

According to information collected by RSF, the decision to release him was prompted by a letter sent by Soe Thein’s wife to the military authorities asking them to let him leave prison at the end of his sentence. (It is common practice for political prisoners to be given additional jail sentences just before their release dates.) (Source: RSF)

On 18 July 2001, San San Nwe, a journalist, novelist, and political activist was released from prison. She was jailed by the Burmese government in August 1994 on charges of spreading information damaging to the state, and served almost seven years of a 10-year sentence for allegedly “fabricating anti-government reports” which she sent to international media and foreign embassies. She had also spent time in jail previously for her involvement with the NLD.

San San Nwe was released along with 10 other members of the National League for Democracy (NLD). In 2001 San San Nwe was a recipient of the Golden Pen Freedom Award given by the World Association of Newspapers. (Source: CPJ)

During the week of 9 July 2001, Burmese embassies around the world received orders from the Minister of Foreign Affairs, to ban Evan Williams and Tony Emerson from receiving visas to enter Burma. Evan Williams, an Australian journalist, published a report about the SPDC crackdown against the NLD in 1998, and then produced a TV report highlighting the Burmese junta’s involvement in drug smuggling, which aired on 26 June 2001. Tony Emerson wrote an article criticizing the SPDC’s education policy, which was published in Newsweek magazine on 9 July 2001.

Since 1988, dozens of foreign journalists have been blacklisted from Burma. Most foreign reporters are forced to surreptitiously enter the country with tourist visas in order to avoid the tight control that the SPDC exercises over those journalists who are granted press visas. Robert M้nard, general secretary of RSF wrote a letter of protest to the SPDC minister of Foreign Affairs stating that: “while the SPDC and the NLD have begun a dialogue, it is the duty of your government to let the international press work freely in Burma… To prevent the international public opinion from knowing the real situation in the country is a grave violation of the right to be informed.” (Source: RSF)

It has been reported that journalist George Scott, who wrote “fabrications” in The Weekend Australian Newspaper, has been on a blacklist and denied a visa to Burma since 3 August 2001. (Source: SHAN)

On the 13th and 14th of August, 2001 an article in the state-run New Light of Myanmar denounced the nomination of a “media group” consisting of 24 imprisoned journalists and dissidents, from receiving the International Press Freedom Award. The nomination came from the Burma Media Association (BMA), a group of exiled Burmese journalists. BMA president Maung Maung Myint said the nomination is part of an effort to focus attention on the nominees’ work to promote press freedom from inside Insein prison. For taking part in this movement the award nominees were given additional sentences ranging from 5 to 12 years. “We nominated them for their wonderful media movement including magazine publishing inside prison, smuggling out the report to UN special rapporteur Yozo Yokota and a prisoner’s shirt on which prisoners of conscience put their signatures to the UNHRC [United Nations Human Rights Commission] annual meeting in 1995,” said the Norway-based president.

A two series article in The New Light of Myanmar entitled “They Dare not Show Their Faces -24,” refers to the award nominees as “lawbreakers.” The article further describes the BMA as an organization of colonialist informers, and refers to international media watchdog group, RSF as a collaborator. (Source:BMA)

Burmese Journalist Honored with Canadian Press Freedom Award

On 8 November 2001, Burmese prisoner of conscious, Myo Myint Nyein was one of two journalists honored with the Canadian Press Freedom Award. The award was sponsored by Canadian Journalists for Free Expression (CJFE).

Myo Myint Nyein, an editor of Pay Phu Hlwar magazine and a member of Information Department of the National League for Democracy (NLD), was sentenced to 7 years imprisonment in 1990, for publishing literature critical of the military government. While imprisoned he became one of 24 political prisoners who joined together to advocate for free media movement in Rangoon’s Insein prison. Due to these activities he was sentenced to an additional 7 years imprisonment, along with his 23 other colleagues. (Source: BMA)

(all photographs courtesy of AAPP)

According to RSF, at least 18 media professionals remain behind bars in Burma, making it the country with the most journalists imprisoned in Asia. RSF has compiled the following list of people who have been arrested and imprisoned for reasons such as “distributing information hostile to the State”, owning undeclared video cameras, talking with foreign journalists or sending information to Burmese media in exile. The majority of journalists imprisoned in the country are also members of the NLD. Most of these journalists were active in the “Spring of Burmese press” in August 1988, when some one hundred new publications appeared, many of them openly denouncing crimes perpetuated by the dictatorship led by general Ne Win. Since the military regime seized power in Burma, three journalists have died in prison. (For more information on conditions for political prisoners see chapter on Arbitrary Detention and Enforced or Involuntary Disappearance).

ท Aung Pwint was sentenced to eight years of prison several months after his arrest inSeptember 1999 for “illegal possession of a fax machine”, and for sending information to banned Burmese publications. He is currently held in Insein prison. A poet and video producer, Aung Pwint, fifty-five years old, is a well-known Burmese media personality. In 1996, the authorities banned the broadcasting of his video reports on the situation in Burma, considered to be “too negative”. Aung Pwint is also a democratic activist who spent three years in prison in the 1970s. His wife, a teacher, lives in Pathein,the capital of the Irrawaddy province, with their two children.

ท Journalist and poet Kyi Tin Oo was arrested on 1 March 1994. Several weeks later, he was sentenced to ten years in prison by a special Court in Insein prison according to articles 5(j) of the law for the protection of the State, and 17(1) of the law concerning illegal association. The authorities accused him for publishing political articles in the monthly Moe Wai (closed in 1996 for financial reasons) and in the magazine Tha-bin, banned in 1988. Kyi Tin Oo, fifty-seven years old, already spent three years in jail in the 1960s, then seven more years beginning in 1978, and finally a few months after the 1988 coup d’etat.Kyi Tin Oo has therefore spent 18 of the last 40 years of his life in jail. According to a journalist currently living in exile in Thailand, Kyin Tin Oo is “well-known in journalistic and literary circles for his columns on daily life in Burma. He has always had a deep love of our peoples’ culture. He wrote very beautiful articles full of compassion for those who suffer.”

Kyi Tin Oo has been married to Than Yi, prominent writer and owner of a small bookshop, since 1970. He has four children, including Aung Kyaw Hein, known as Kyaw Zaw, who is serving a fourteen-year prison sentence in Khaley for belonging to a banned student movement. Kyi Tin Oo’s health is poor; he suffers from chronic hypertension resulting from the awful prison conditions.

ท Ko Sein Ohn and Khin Aye Kyu, brother and sister, were arrested together in September 1996 and sentenced to ten years in prison for distributing videotapes not approved by a censor, and for possessing “imported video copying equipment” without official permission. Ko Sein Ohn, currently forty-eight years old, made films of Aung San Suu Kyi as a cameraman with the NLD and reports critical to policies of the junta. In July 1996, he interviewed peasants who complained about the authorities’ negligence in providing assistance after the serious floods of the Irrawaddy delta. This report was taken out of the country. Two other members of the NLD and two peasants were also arrested after this report was made. Like his sister, he is being held in Insein prison. As for Khin Aye Kyu, she was arrested for her activities as a photographer with the NLD. She was also accused of distributing videotapes not approved by a censor.

ท Myint Thein, known by his pen name Myint Myat Thein, is a teacher and journalist specialised in international relations. He worked for several magazines including the monthly Ah-twe-Ah-myin, founded by Soe Thein, Shwe Wut Hmone, Nwe-ni and Thaung-pyaung-htway-la. He was arrested on 4 December 1996 during the student demonstrations in Rangoon, and severely beaten by police officers during his interrogation. Myint Thein was convicted, several weeks later, to seven years in jail for supporting the student movement, especially through his articles. He is currently being held in Thayet prison.

ท Yan Aung Soe was arrested in October 1998 by members of the Military Intelligence

Service (MIS), and sentenced, several weeks later, by a special court to 59 years in prison for being “in contact with foreign organisations”. Yan Aung Soe is known for his articles on education published between 1994 and 1997 in semi-legal university journals (Unity, New Century, etc.), then in private magazines such as Thought and Your Life, with pen name Thu-rein-htet-linn. An activist in student associations and the NLD since the age of fifteen, he was in charge of writing and distributing leaflets for these organisations. He was tortured during his interrogation at an MIS centre. He is currently held in Myaungmya prison, in the south of the country.

ท Thaung Tun, born in 1959, better known by his pen name Nyein Thit, is a journalist and poet. He worked for the magazine Padaut Pwint Thit, which was banned in 1995. He also wrote for the Rangoon city magazine and produced video reports for independent production companies. Originally from Mandalay, this journalist is also known for his poems. As a political activist, he was forced to live in hiding for several years. Arrested on 4 October 1999, he was tortured during his interrogation, which lasted more than three weeks. Two months later, he was convicted by a special Court and sentenced to eight years in prison according to article 5(j) for collecting information concerning human rights violations in Burma and sending it overseas. Initially held in Insein prison, he was transferred to Moulmein prison (capital of the Mon state) in April 2001. He already spent three years in prison in the late 1970s. He is reportedly in good health, but the only visits he receives are those of his wife and mother who live in Mandalay (more than a thousand kilometres from the prison) once every two months.

ท Sein Hlaing is imprisoned in building 3 of Tharrawaddy prison where he was transferred in November 1997 after spending seven years in Insein. He is serving a fourteen-year sentence. He was convicted, on 15 November 1990, and sentenced to seven years in jail for publishing an article entitled “What is going on?” in the magazine Yin-Kyae-Hmu (Cultural). The military court also found him guilty of publishing satirical poems ridiculing the military junta. On 28 March 1996, he was sentenced to an additional seven years in jail for taking part in writing a document denouncing human rights violations; this document was sent to the United Nations’ special rapporteur on Burma. According to one of his former cellmates, Sein Hlaing has lost a great deal of weight and has no more hair. His three sisters can only visit him once each month.

ท Win Tin was arrested 4 July 1989 and placed in detention in Insein prison. Successively sentenced to three (October 1989), ten (June 1992) and seven years in prison (March 1996), he is serving a total twenty-year prison sentence. Charges against Win Tin for his third trial state that he “secretly published anti-governmental propaganda” while in jail. He is being held in a special section of Insein prison, in cell 10, but his very poor health has forced the authorities to regularly transfer him to the prison hospital. During the twelve years he has spent in jail so far, Win Tin has suffered two heart attacks, a herniated disc and underwent one operation. Because of the poor prison conditions, he has also lost most of his teeth, and, for several months, the authorities refused to provide him with dentures. Former editor-in-chief of the newspaper Hanthawathi, author of many articles against the regime and close advisor to Aung San Suu Kyi, Win Tin, now 71 years old, refused several times to sign a letter of resignation from the NLD in exchange for his freedom. Admired by political prisoners, he is called Saya (The Wise Man) by Aung San Suu Kyi and NLD activists. According to a former political prisoner, he constantly kept up peaceful resistance to the authorities’ orders and discussed politics often with his cellmates. He finalized the report on human rights abuses in Insein jail secretly sent to the United Nations’ special rapporteur on Burma. While being held in one of the prison kennels, in 1995, Win Tin made a speech celebrating Burma’s national day.

ท Aung Myint was sentenced to twenty-one years in jail on 20 December 2000 for passing on NLD information to foreign press agencies and western embassies in Rangoon. He had already been arrested on 14 September 2000 by men of MIS Unit 14. He is held in Insein prison. Better known by his pen name, “Phyapon” Ni Loan Oo, this former journalist with the magazines Cherry and Mahaythi saw many of his articles and poems refused by private magazines or blocked by censors. His wife Ma Tha-bye, a well-known writer, is the chief-editor of the Cherry magazine.

ท Aung Zin Min has been imprisoned in Tharrawaddy since May 1997, after serving several months in Insein prison. He was arrested in December 1996, together with journalist Cho Seint, and sentenced to seven years for supporting the student demonstrations of 1996 in his articles and poems, published in the magazine New Style. He was a staff editor of this private magazine. Currently fifty-one years old, he suffers from headaches and dysentery. He is also depressed and worried about the fate of his destitute family. In 1998, he tried to smuggle out of jail fifty short poems written on bits of plastic. A guard caught him just as he was handing them over to his wife during a visit. The poems were confiscated and he lost visiting rights for more than a month.

ท Kyaw San, known by the pen name Cho Seint, was, like Aung Zin Min, transferred to Tharrawaddy in May 1997. He was also sentenced to seven years in prison for supporting the 1996 student demonstrations in his articles and poems, published in opposition magazines. He was severely beaten during his interrogation in early 1997, and suffered partial hearing loss from this. Grandson of Thakin Kotaw Hmime, one of the fathers of independence with general Aung San, his family was deliberately deprived of its resources by the military authorities. He has practically no visits nor outside assistance. According to one of his former cellmates, he has never lost his fighting spirit and even took part in a June 1998 hunger strike asking for more water and that the cell doors be opened during the day. The prisoners succeeded in obtaining their demands.

ท Myo Myint Nyein was arrested 12 September 1990 and convicted, in November 1990, for publishing in the magazine Yin-Kyae-Hmu (Cultural), of which he was co-editor, an article entitled “What is going on?”, and in March 1996 to seven years in prison for participating in the creation of underground magazines in Insein prison. He is therefore serving a fourteen-year sentence in Tharrawaddy prison where he was transferred in 1996 after six years spent in Insein (see below).

.ท Ohn Kyaing, better known by the pen name Aung Wint, is serving a seventeen-year sentence (sentenced to seven years in October 1990 and ten years in May 1991) in Toungoo prison after being transferred from Insein in late 1993. He is an NLD elected Member of Parliament for Mandalay. He was convicted for publishing an article “The Three Paths to Obtain Power” in an opposition publication. Born in 1944, Ohn Kyaing suffers from high blood pressure and hemorrhoids. Married and a father of four, his wife had to sell half of their house to meet Ohn Kyaing’s needs. A journalist for Kyemon, Botahtaung and the magazine Youqshin Aunglan, Ohn Kyaing is known for writing articles in favor of democracy.

ท Sein Hla Oo has been held in Myitkyina prison since February 1997. Before that, he was in Insein prison after being arrested in August 1994 together with San San Nweh. He is serving a seven-year sentence that ended in August 2001, but at the time of writing he has yet to be released. He is a member of Parliament-elect and is accused of distributing some of his articles, considered “anti-governmental”, to foreign embassies and media. This former journalist with Botahtaung has a journalism degree from a North-American university, and is a well-known cinema critic.

ท Khin Maung Win, known by the pen name Sunny, is reportedly held in the new Kalay prison (in the north-west of the country, near the Indian border). He was sentenced to seven years for being involved in an interview with Aung San Suu Kyi before the ASEAN (Association of South-Eastern Asian Nations) summit in 1997. According to the authorities, Sunny was member of a group involved in anti-governmental activities. Several weeks after his June 1997 arrest, lieutenant general Khin Nyunt called them “puppets of the American government”. His wife recently sent a letter to NLD headquarters explaining the difficulties she was having to see her husband.

ท Thein Tan was sentenced to ten years in prison and is being held in Thayet prison, after spending six years in Insein. He was convicted by a military court of writing an article about the killing of four people in Mandalay in August 1990. He was arrested in late 1990. Originally from Mandalay, currently seventy-one years old, his health has reportedly deteriorated greatly in recent months. Owner of a bookstore in Mandalay, he wrote for the official publication Kyemon before working with several private magazines in the 1980s.

ท Tha Ban was arrested in March 1997 and sentenced to seven years in prison for his articles in favor of democracy. He was also convicted for helping a student compile a history of the All-Burma Federation of Students Union. He has been reportedly transferred from Insein prison to a prison in Arakan state (west of the country) where he is from. Sixty-four years old, Tha Ban has suffered from dysentery in recent years and can only count on his wife, a retired schoolteacher, to bring him medicine. His health worsened in 1995, but the authorities refused to transfer him to the hospital. His vision has recently deteriorated, and, according to his family, he may become blind if he does not get treatment from a specialist. Authorities have so far turned down this request. In the following four cases, Reporters Without Borders is continuing its investigation into the reasons these individuals were imprisoned:

ท Htay Thein is a university professor in Rangoon and the author of many political and philosophical articles. He was arrested in June 1989 and sentenced, on 13 November 1989, to twenty years in prison according to articles 5 (j) and 17 (1), for his presumed involvement with the banned Burmese Communist Party. In 1993, his sentence was reduced to ten years; he should have been released on 12 November 1999. But, several days before his release, an additional one-year sentence was imposed according to article 10/A of the emergency law. This arbitrary decision was repeated this year. According to recent information, he is morally devastated by his continued detention. Htay Thein is imprisoned in Mandalay, after several years in Insein and suffers from psychological problems. According to one of his former cellmates, he talks to the walls of his cell and bed incoherently. Traumatized by the torture he has undergone, he is persuaded that if he eats some of the food given to him, Aung San Suu Kyi will be killed.

ท Monywa Aung-Shin was arrested in September 2000. Former editor of the magazine Sar-maw-khung (The Literary World), banned in 1990, Monywa Aung-Shin became one of the NLD information directors in the 1990s. He was sentenced to seven years in jail according to article 17 (20). Win Khet, the former publisher of Sar-maw-khung, currently living in exile in Australia, says that Aung-Shin was a skilled journalist and brave supporter of the NLD. His articles and poems were regularly published in magazines such as Guita Padata, Moe Wai and Sbai Phyu. He was arrested in Rangoon while he was taking care of his daughter hospitalized for a heart problem. She died three days after his arrest but he was never told.

ท Tun Myint is a writer and is in charge of information research with the NLD in Rangoon. He was arrested on 13 September 2000 for distributing a press release stating that Aung San Suu Kyi had been placed under house arrest. It asked that sanctions against party leaders be dropped. He was sentenced to twenty-one years in jail according to articles 5(j), 17(20) and 17(1) of the emergency laws. He is suffering from problems with his vision.

ท Doctor Zaw Min is known for his involvement in the 1988 demonstrations. Author of many articles, essays and short stories under pen name Zaw Nat Zaw, he is in Mandalay prison serving a twenty-year sentence, handed down in July 1989, for his participation in the popular uprising of 1988. According to his family, he is suffering from very serious mental problems and can no longer recognize some members of his family. Tortured after his arrest, he was often kept in isolation during his detention period of more than ten years.

Finally, seven members of the clandestine distribution network of the banned publication Mojo are also imprisoned. They are: Mg Hla Soe, arrested in August 1999 in MyaWaDee (Karen State); Ko Win Naing, arrested in September 1999 in Pegu (east of Rangoon); Mg Kyaw Wae Soe, arrested in September 1999 in Tha-Ka-Ta (near Rangoon); Joseph, arrested in September 1999 in Pa-an (Karen State); Tint Wae, arrested in May 2000 in KaMarYut (near Rangoon); Ko Myo and Ma Htay Htay, both arrested in May 2000 in Belinn (Mon State). Most of them were convicted to seven-year prison sentences after distributing this opposition monthly, printed in Mae Sot (Thailand), three thousand copies of which were sent to Burma. After this wave of arrests, new distribution networks were developed including some fifty people in Burma and just across its borders. (Source: RSF Website)

A UNDP Human Development report released in July 2001, entitled “Making New Technologies Work for Human Development”, argues that: “Technology is like education - it enables people to lift themselves out of poverty. Thus technology is a tool for, not just a reward of, growth and development.” The report includes a Technological Achievement Index, which measures “how well the country as a whole is participating in creating and using technology.” While neighbouring countries such as Thailand and Malaysia scored highly, Burma is listed in the category of “no data available.”

What is known about communications and technology in Burma is that existing laws mandate that all post, telecommunications, and e-mail services must be provided through a state agency, the Myanmar Post and Telecommunications (MPT). Regulations released by the government in 2000, stipulate that all computers, fax machines, and modems, must be registered by the government. Individuals that fail to do so face a 7-15 year prison sentences.

In January 2000 the MPT became the sole Internet provider in the country. To connect to the Internet, individuals and businesses must first obtain a license from MPT. This is extremely difficult for the average citizen, as priority is first given to government officials and organizations, then to foreign embassies and foreign businesses, and finally to favored local businesses. Furthermore, the costs for accessing the internet, which include a US $390 hook-up fee, approximately US $100 for a modem, and E-mail connection charges of US $3 an hour, effectively put it out of reach for most Burmese. The government monitors the content of e-mails for any “anti-nationalistic” sentiment. At the beginning of 2000 the MPT issued regulations for the Internet in which any mention or discussion of politics was explicitly banned.

While there are a few ‘Internet cafes’ in Rangoon, in actuality they do not offer direct access to the Internet, instead only allowing customers to use CD-ROMs. To send an e-mail, an individual must first put the information (text only) on a floppy disk, then take it to an office with an e-mail server, and pay US$1 per page to send it.

At present Burma has about 3,000 e-mail users and about 25 IT companies have Internet access. Most IT companies are owned by relatives or business associates of the SPDC generals. 2001 was the first year that private periodicals and journals were allowed to launch their own websites, however this must be done through an approved IT company. Ironically, without access to the Internet, editors of these journals cannot see their own websites. In 2001 the government announced that it will introduce the Intranet, not the Internet to Burma. The Intranet will be for local use only, and will not offer access to the World Wide Web.

In March 2001, an RSF report entitled “Enemies of the Internet”, decribed how the military regime had responded to the Internet presence of many of its opponents by launching its own propaganda site in 1996: myanmar.com. The junta also sends out large amounts of disinformation e-mails in an attempt to discredit political opposition groups, specifically the NLD. In addition, The Defense Ministry and government intelligence services closely monitor the Internet and have sent virus-infected messages to Burmese dissidents. (Source: RSF)

SPDC regulations have ensured that international phone calls are too expensive for the majority of Burmese. The average income of a government employee in Burma is $25 a month; applying for an international calling facility costs as much as $1,000, and calls to the United States can be as steep as $50 for five minutes.

On 17 January 2001, the Burmese language newspaper, Kyemon reported that various township communications departments have already compiled a list of satellite receivers used illegally without licenses and are in the process of scrutinizing and assessing those illegal satellite dishes that should pay license fees. The SPDC has stated that individuals who have illegal satellite receivers in their possession should contact in writing to the Director General, Directorate of Communications, on or before 28 February 2001 by registered post stating the owner’s name, name of organization, foreigner or citizenship registration card, occupation, full mailing address, the location of the satellite dish, the particulars of the satellite dish - make, model, serial number, size, and the date of installation. Those who failed to send this information to the Director General, Directorate of Communications, during the prescribed period will face legal action according to existing laws. (Excerpt from report by Burmese language newspaper Kyemon on 18 January 2001, translated by BBC SWB)

In June 2000, the MPT ordered all users of non-registered cordless phones to surrender them within thirty days or face three years imprisonment, or a fine of 30,000 kyats, or both.

In March of 2001 Burma began using the Global System of Mobile Communications (GSM) phones in major cities of the country. The government has announced it plans to have 70,000 lines, with 30,000 lines each in Rangoon and Mandalay. There are also plans to extend GSM access to some other major cities including Myitkyina, Moulmein, Bhamo, Taunggyi, Sittwe and Prome.

To purchase a GSM phone in Burma officially costs 500,000 Kyat (US $ one thousand). However, it costs around 700,000 Kyat on black market. At present only a few people are using GSM phones. In addition to GSM, Burma has been using cell phones connected to CDMA (Code Dialing Multiple Access). According the 2001 UNDP report, Burma has 6 telephones (landline and cellular) per 1,000 people, while Thailand has 124 telephones per 1,000 people and Nepal has 12 telephones per 1,000 people. (Source: Mizzima)

In June 2001, SPDC troops from Murng-Sart-based LIB333 seized about 30 mobile phones from the people in Murng-Ton township, mostly in village tracts close to the Thai border. On May 30, 2001, a column of about 100 SPDC troops, led by Maj. Myint Aung, came to Naa Kawng Mu village in Murng-Ton township where they were temporarily stationed. Upon arrival the SPDC troops investigated to find out who was using mobile phones in the area. On June 10th, after some days of investigation, SPDC troops began to confiscate all mobile phones used by people suspected of providing information to the Shan resistance soldiers. At least 26 mobile phones have so far been seized mostly from Naa Kawng Mu, Huay Aw, Mae Ken, Pung Pa Khem and Nawng Pa Yaen villages in Murng-Ton township, and some in Murng-Ton town itself. To confiscate the phones, SPDC troops simply went to the houses of the suspected mobile phone owners or summoned them to a military camp and ordered them to hand over their mobile phones, threatening to severely punish and fine them if they refused. Many of the mobile phone owners were said to be women and small shop owners who were most likely not in contact with Shan resistance groups. (Source : SHRF)

As there are laws that clearly prohibit people from saying anything in opposition to the government, the freedom of speech in the civil and political rights of the people of Burma. The MI undercover agents has caused people to be cautious in what they say, and open, verbal support of groups such as the NLD can, and has led to imprisonment.

Throughout Burma, November is traditionally “Literature Month,” and literary talks or speeches are held nationwide. On these occasions, invited authors or poets come and give speeches about literature to the public. The military regime has forced some of these speeches to be canceled by refusing to issue a permit for public gatherings. In some places, the authorities insist on being involved in selecting which authors are to be invited. Some famous authors are unable to give public speeches because of their political background. Authors that are allowed speak are warned by the authorities not to talk about political issues. Members of the MIS attend these events and tape all the speeches. If any speech is suspected or interpreted as having political content, action is taken against the author and organizers of the event.

On 13 July 2001, U Pa Pa Lay and his cousin U Lu Zaw, two Burmese comedians known as “the Moustache Brothers” and their colleagues U Aung Soe and U Htwe were released after spending five years in prison. During their imprisonment Amnesty International mobilized a widespread and sustained international campaign for their release.

The two comedians, U Pa Pa Lay, 49, and U Lu Zaw, 45, were sentenced in March 1996 to seven years’ imprisonment for one of their comic performances. U Htwe and U Aung Soe, two political activists who arranged this performance, were also sentenced to seven years’ imprisonment.

On 4 January 1996, the anniversary of Burma’s Independence, U Pa Pa Lay’s Anyeint troupe, a traditional Burmese entertainment group, performed for a celebration at the home of Daw Aung San Suu Kyi in Rangoon. During their routine U Pa Pa Lay and U Lu Zaw joked about government cooperatives being thieves and sang a comic song about Myanmar’s generals. Following the performance they returned to their homes in Mandalay where they were arrested. U Aung Soe and U Htwe, two NLD members who had arranged the performance, were also arrested.

In early April 1996 U Pa Pa Lay and U Lu Zaw were transferred from prison to Kyein Kran Ka labour camp, 25 miles from Myitkyina in Kachin State. There they were forced to work with iron bars across their legs and their health deteriorated. U Pa Pa Lay was later transferred to Myitkyina Prison, Kachin State and U Lu Zaw to Katha Prison, Sagaing Division. (Source: Amnesty International)

Mandalay monk arrested over critical sermon

7 August 2001, regional military intelligence personnel arrested a monk for delivering a speech criticizing the prevailing economic and political situations at an umbrella raising religious ceremony held at the Mahamyatmunni Payagyi Pagoda in Mandalay on 1 August. The monk, Ashin Pandita, climbed up the pagoda’s scaffolding and delivered a sermon to the monks and guests attending the ceremony. The military intelligence personnel present immediately removed him from the ceremony, took off his monk’s robes and detained him at No 10 Police Station. The authorities are planning to take action against the monk for inciting unrest. Although Ashin Pandita is believed to be a resident of a monastery near the Mandalay Technological University more details about him are not known. His actions caused a commotion among the monks who attended the ceremony. (Source: DVB)

Writers, poets, filmmakers, actors, musicians, painters, and other artists in Burma are subjected to numerous restrictions which seriously inhibit their freedom of expression. In her article, “‘People’s Desire’: Cultural Expression and State Oppression in Burma,” Dr. Nancy Hudson-Rodd describes how the military government attempts to control interpretations and expressions of Burmese culture in an attempt to promote their vision of a unified state. To this end she states that: “The military regime have used and continues to impose their vision of cultural heritage by suppressing the voices of the citizens, the authors, the artists, the performers.”

The paranoid censorship of the PSB has stilted the creativity and variety of art that was once famous in Southeast Asia. The censorship board ensures that nothing produced in Burma or imported from outside the country can be interpreted as “anti-military” or “western-influenced” which could be detrimental to “national security” or “culture. “ Such censorship is in direct opposition to the very nature of art and artistic expression, as any change to the original piece can potentially ruin a masterpiece. The SPDC lavishes awards, luxuries, and chances to go abroad on artists who choose to be pro-military and who stay away from expressing any ideas deemed political, and those who refuse are isolated and unable to get their artistic work in the public eye.

Filmmakers in Burma are required to submit the script to the PSB, and the censorship boards are notoriously sensitive to what might be interpreted as “anti-regime.” The filmmakers are then restricted in how much film they can buy, and after the shooting, the completed film is again presented to the censors before it is released. Filmmakers are required to occasionally produce government propaganda films, and likewise actors and actresses who work in these propaganda films receive benefits and recognition. It has been the case that actors who have participated in pro-military films have won the Burmese academy awards. It is also common for actors and actresses to be seen in posters or TV specials, which promote the army. Beautiful young actresses dressed in military uniforms appear on calendars saying, “We’re with you!” Such actors and actresses are given opportunity for great popularity and wealth.

The 2 Television stations in Burma are known for their propaganda, and most of the programming is dedicated to showing the “achievements” of the military. There are a limited number of Chinese TV programs and foreign cartoons which make their way onto the airtime. Foreign films are also subject to censorship.

Musicians face many difficulties in finding ways to express themselves through their music in Burma. The economic situation has made music a formidable occupation as instruments and music lessons are prohibitively expensive for all but the wealthy military elite, and finding venues at which to play is difficult. Lyrics to music are put through the same censorship as other writings, and even the musical style itself is often censored. Rock and Roll music is now common in Burma, and other western influenced styles, such as rap, are making their way in, but most western music is not widely available. Instead, Burma has an active “copy” industry, where original western melodies are converted into Burmese lyrics deemed un-harmful to the regime or the “national culture.” The regime continues to monitor dress styles of musicians, and forbids them to dance on stage. The regime encourages (through the offering of privileges) musicians to sing government and pro-military songs and sing at government sponsored events, and those who try and refuse are threatened with not being able to have their music produced.

Painters, photographers, sculptures, and other visual artists are also subjected to military scrutiny. As visual art played an important role in the 1988 uprisings, along with the other arts, the regime has aimed to put an end to art deemed ‘revolutionary.’ After the military re-took power in 1988, the fine-arts building at Rangoon University was destroyed and the fine arts program discontinued. Today it is only possible to study visual arts under private tutorship, or at the Cultural University in Rangoon. The Cultural University (CU), a military institute, is a prime example of the situation of artistic expression in Burma. According to the ABFSU 2000 report, ‘The Current Education System in Burma’, the CU only accepts 100-150 students per year, who are required to be USDA members. The authorities at the Cultural University admit students to CU according to such requirements, without first learning of the applicants’ artistic abilities. In addition, the Minister of Culture of the SPDC has told CU students that if they do not participate in any student strikes or demonstration, the regime will ensure them positions as officers in government administration. In the 1998-99 academic year, 27 students were enrolled for the Arts (Music), 48 Students were enrolled for the Arts (Performance), 29 students were enrolled for the Arts (Painting), and 5 students were enrolled for the Arts (Sculpture). At the CU, students of Music and the Dramatic Arts are denied the chance to study international music and western plays, due to prohibitions from the military regime. The professors, lecturers and schoolmasters of the university are academics from the elite military society and military servicemen.

According to Christina Fink’s book, Living Silence, art exhibition organizers are required to submit a detailed written description of each of the art items to the Information Ministry prior to any art exhibition in Burma. Then, before the exhibition opens, the authorities come to do a final inspection. If any of the art pieces are considered to be “subversive”, the art is not only taken down or away, but also stamped “censored” on the art work itself.

Performance art in Burma has also been restricted. The SPDC has promoted dance as part of its campaign to retain “national culture”, yet dancers are only given career opportunities in such government sponsored campaigns or events. Comedy also suffers under the military eye, and comedians who make jokes, however innocent, that are considered to be “disruptive” are often threatened, interrogated, or even detained. (See information on two comedians recently released from prison in the section in this chapter on Freedom of Speech).

Since June 1st, announcements have been put up in ward Peace and Development Council [PDC] offices in Rangoon warning that anyone caught with anti-government books and tapes will be arrested. The announcement states that anyone caught with anti-government magazines, books, tapes, CDs, or videos in their possession will be arrested and sentenced to 5 to 10 years imprisonment while anyone caught renting, selling, or reproducing such items will be arrested and sentenced to 10 to 20 years imprisonment. The announcement also stated that anyone caught publishing, producing, selling or renting any pamphlet, magazine, book, tape, CD, or video without the approval of the relevant government ministry or the regional administrative authorities will be regarded as an anti-government individual and will be punished accordingly. (Source: DVB)

Burma bans stamp of Daw Aung San Suu Kyi from Norway

On 14 September 2001 the Norwegian postal authorities, issued eight new stamps with pictures of former Nobel laureates, including Daw Aung San Suu Kyi, to commemorate the 100th anniversary of the Nobel Peace Prize. The same day the Norway-based radio station, Democratic Voice of Burma (DVB) offered to give away stamps of Daw Aung San Suu Kyi free to the first 300 people who wrote to the station. Within weeks, DVB received dozens of letters from inside Burma and hundreds of letters from abroad, requesting the stamps of Daw Aung San Suu Kyi.

One DVB listener from Burma wrote: “I know that it is very risky to write to your station, but I take a chance because I am so eager to see our beloved leader Daw Aung San Suu Kyi’s stamp.”

DVB promptly replied to these requests and sent the listeners the stamp of Daw Aung San Suu Kyi. However, after contacting listeners by phone and receiving letters of complaint, DVB learned that none of the listeners who requested the stamp had received the letters they were sent. It takes approximately one month for a letter from Europe to reach Burma. According to the Universal Postal Union (UPU), “no risk or mail violations were identified in Burma during a Quality of Service test conduced by the UPU in 1996”. Ms Juliana Nel, spokeswomen for the UPU states “If it is true (that the Burmese postal service is refusing to deliver the letters), it is a violation of our constitution,” she said. “All members of the UPU have an obligation to deliver all private mail without delay. Besides, the postal authorities need to maintain the confidentiality of the mail, except when suspecting dangerous substances in it.” (Source: DVB)

On 22 September 2001, the directorate office of religious affairs in Kalay township, Chin State released an order requiring that all the English signs, including street signs and signs in front of churches, should be replaced with signs in Burmese. In Chin state and many other Chin inhabited areas in Burma, the street names, signs for Churches and welcome signboards such as “ welcome to...” are commonly written in English. The order further suggested that all the citizens of Burma should show their patriotism by using “Burmese names” and not to fall prey to Western pro-colonialists. (Source: CHRO)

Muslim man arrested in Moulmein for wearing Bin-Ladin T-shirt

The DVB has reported that since 12 October 2001 SPDC authorities have been arresting some Muslims in Moulmein for wearing Usamah Bin-Ladin T-shirts. Following the US bombing of terrorist camps in Afganistan, Usamah-Bin-laden T-shirts had been widely available and worn by many Muslims and non-Muslims in Thailand and Burma. On the 12th of October Muslim religious leader, Haji Yusuf, age 40 years, from Moulmein was arrested for wearing an Usamah Bin-Ladin T-shirt. DVB sources report that Haji Yusuf was sent home after being interrogated by police intelligence personnel for a week. Since then, no one in Moulmein has dared to wear Usamah Bin-Ladin T-shirts. While the SPDC authorities have not officially prohibited the wearing of Usamah Bin-Ladin T-shirts, the import of Usamah Bin-Ladin T-shirts made in Thailand have been prohibited at the Mae Sot-Myawadi and Ranong-Kawthaung border check points. (Source: DVB)

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