12. The Freedom of Movement

12.1 Background

Throughout the year 2001 the SPDC continued to interfere with and monitor the movement of people in Burma. Through its extensive intelligence network and administrative procedures, the SPDC systematically monitors the travel of all citizens, especially the movements of politically active people in the country. All residents in Burma are required to carry national identity cards, showing the citizenship status, normal place of residence, date of birth, name of father, and so on. In 1990 these cards were also required to describe the holders’ ethnicity and religion. All residents and citizens of Burma are required to apply for these cards, with the exception of the Muslim Rohingya minority, who are not considered citizens by the government (see chapter on minority rights for further information). As possession of these national identity cards is mandatory in order to buy train or bus tickets, to register with a local council outside one’s normal place of residence, to vote in any future election, or to enroll in institutions of higher learning, those without such cards face severe restrictions on their freedom of movement and liberty as human beings.

Citizens with proper identification are able to travel freely within the country except for limitations in areas of ethnic armed activity. However, there is the requirement that any person who spends the night at a place other than his registered domicile must inform the police in advance, and that any household that hosts a person not domiciled there must submit to the police a guest list. The name of the overnight guests must be reported to and registered with the local authorities. SPDC’s Order 1/90 on May 22, 1990 said “action will be taken against all those who fail to report people illegally residing in their home.” (See the chapter on freedom of assembly and association for more on this law) Authorities sometimes enter homes during night hours to check registration documents of occupants as a form of monitoring personal movements. Security forces also commonly search private premises and other property without warrants in other contexts. Curfews have also been enforced in parts of Burma.

Leaving the country (legally) requires the possession of specific government authorization, which it is extremely difficult to obtain. The SPDC carefully scrutinizes prospective travel abroad. This produces rampant corruption as many applicants are forced to pay large bribes to obtain passports to which they are otherwise entitled. The official board that reviews passport applications denies applicants in some cases apparently on political grounds. All college and higher education graduates who obtain passports (except for certain government employees) are required to pay a specific education clearance fee to reimburse the government for the cost of their education. The authorities on occasion restrict the issuance of passports to young women applicants seeking work abroad, reportedly to prevent young women from being enticed to travel abroad for jobs in the commercial sex industry. Burmese citizens are required to return their passports to the authorities each time they re-enter the country; a passport application must be submitted each time they want to travel outside the country.

Government servants, in general, are required to obtain advance permission before meeting with foreigners. Military intelligence continues frequently to monitor the movements of foreigners and to question citizens about conversations with foreigners. Burmese embassies abroad issue tourist visas, valid for one month, however, select categories of applicants, such as foreign human rights advocates, journalists and political figures, continue to be denied entry visas unless traveling under the agency of a sponsor acceptable to the SPDC, and for purpose approved by the authorities. Although some areas of the country remain closed to foreigners for security reasons, the authorities permit travel to most other destinations. Rangoon-based diplomats generally must apply ten days in advance for travel outside the capital. Throughout 2001 international NGO’s were officially required to pay for a government representative to accompany them on all field visits. However, this requirement was not always fully enforced. (Source: US State Department, 2001)

As there is no legal provision to determine the legality of detention, the SPDC continued to arbitrarily arrest and detain Burmese citizens throughout 2001 (see chapter on Arbitrary Detention). The most prominent detainee was Aung San Suu Kyi, who after twice being held incommunicado in September 2000, remained under house arrest without charge throughout 2001. Though she was allowed to meet with visitors while detained, these visits were closely monitored by the SPDC.

Despite the continued detention of Aung San Suu Kyi, restrictions on the NLD in were loosened in 2001. Yet while travel restrictions on all but the most senior NLD members have been relaxed in Rangoon Division, restrictions on the movement of some NLD leaders in other parts of the country remain in place. The degree of control maintained over NLD members appears to vary depending on the local area commander or township authorities. For this reason, many NLD members-elect of parliament who have been released from prison are reluctant to return to their districts fearing that they would not be allowed to return to Rangoon. (Source: US State Department, 2001)

12.2 Roadblocks, curfews, and guest lists in SPDC controlled areas

Roadblocks and Checkpoints in Conflict areas

Travel within the country, the majority of which is under SPDC control, continues to be monitored and numerous checkpoints exist along all major travel-routes. In areas of conflict, the number of these checkpoints increases dramatically, and there have been incidents where checkpoint officials have forced passengers with torn or tattered ID cards to pay large fines. During military operations or times of military insecurity, more checkpoints are opened and roads are often blocked off.

12.3 Restrictions on the movement of villagers in border conflict areas

In areas of ethnic insurgency, there are often severe restrictions placed upon movement. In “brown” or “black” areas, people wishing to leave their village often must obtain a permission slip from local officials before they can go out to tend their farms, or travel. In These permission slips are usually only obtained if a “fee” is paid. In relocation sites, people are often not allowed to return to their land, as they have been warned that anyone moving about in their former fields and towns will be shot on site. In addition, it is common for the army to burn houses and place landmines in the former fields and towns of relocated people to further prevent them from returning.

Examples of villagers prohibited from leaving their villages in conflict areas

On 1 January 2001, SPDC IB- 81, column- 2, led by officer Zaw Win and DKBA- 999, officer Pah Nu came and burnt down the remaining 6 houses of Kalawlu village. These same troops had burnt down all the other houses in the village during the previous rainy season. Currently the DKBA Pah Pa Na group is conducting activities in the area of Tagreh Ni and Hteeper, Pa-an District, Karen State, and they have ordered the villagers who are now living in the jungle to move back to the Hteeper village. They have warned that after 7 days anyone found in the jungle will be shot. (Source: KORD)

The tactical command (3) under military operation command (9) from Mit-ta village, which has been operating in the eastern part of Tavoy township, Tennasserim Division since the beginning of April 2001, has begun to oppress residents of the villages in Mye-kan-baw village tract including Pyin-tha-taw, Tha-pyu-chaung, Kye-tha-inn, Ka-mit, Nayung-done, Hninn-pa-yoke, Mye-kan-baw, Zee-pyu, etc. One of the ways they oppress the villagers is by refusing to allow them to transport rations from Taung-thone-lone village to the villages of Mye-kan-baw village tract without SPDC permission or without a recommendation letter from the tactical command (3). They have warned the residents that anyone who is found to be transporting rations without permission will be severely punished. (Source: ABSDF)

During June 2001, following the arrival of LIB 376 in Myitha village, Tavoy Township, Tenasserim Division, people in the region were ordered by the military to build a bamboo fence all around the village. LIB 376 only allowed people to enter the village through 2 gates – a river gate in the east of the village and another gate in the west towards Tavoy. Soldiers from LIB 376 stood at a checkpoint at the gates full-time. Whenever people in the region want to go out or come in, they need a traveling recommendation from LIB 376. The authorities from LIB 376 only allow people to travel between 7:00 a.m. and 5:00 p.m. After 5:00 p.m., those remaining outside the village have been arrested and accused of having connections with the KNU. In addition, LIB 376 authorities warned people that those without traveling recommendations would be arrested and fined 20,000 Kyat. Thus, the villagers in the region were faced with difficulties to go out and work on their plantations, farms and paddy fields. (Source: ABSDF)

On 25 June 2001, SPDC military strategy No. (2) base in Kler Lar village, (Taw Ta Tu) Tantabin township sent for the village head man, teachers, the religion leaders and village elder, a total of 200 people, and forced them to take sign a statement that they would not deploy of land mine, or support the KNU by providing them with rice, medicine, money, information, batteries etc. This troop restricts the car owners in the area from traveling to Kler Lar and Kaw Thay Der. Villagers in the area are only allowed to buy rice according to their family numbers. If any one is found buying more rice than the SPDC has determined is needed for their family they are punished by the troops. (Source KIC)

On 2 July 2001, it was reported that currently in Yepone village, Yepyu Township LIB (408) has ordered the W/V PDC to keep an exact list of the movements of all overnight guests. Thus, the W/V PDC makes an overnight guest check every night, searching each house. Guests in the village must pay 50 Kyats and inform the local authorities days before their arrival. If any unregistered guests are discovered they are fined 500 Kyat and their hosts are fined 800 Kyat. In additon, the Yepone W/V PDC forcibly collects every month 150 Kyat for the village development fund and 100 Kyat for general food expenses from people in the region. (Source: ABSDF)

On 8 July 2001, a column of approximately 100 soldiers led by Lieutenant Khin Maung Htwe from Column 2 of LIB 104 did a house to house investigation in Myekanbaw village, located 40 miles east of Tavoy Township, Tenasserim Division in order to obtain information about KNU movements. Those villagers who could not answer their questions were dragged from their houses and beaten. Area residents were also warned that they could not leave the village without LIB 104’s permission. They needed permission from the battalion to go out to their plantation field, to fetch water and even to take a bath in a stream near the village. (Source: ABSDF)

On 18 August 2001, troops from SPDC Division 33 transported military rations from Bi-lin to Mae-waing, Pa-Pun District, Karen State, by boat and set up full security guards along Bi-lin river. The security troops did not allow the villagers to go and work on their fields and hill farms. Due to this, the fields and hill farms were all destroyed by cattle and some of the fields were overgrown with weeds. In addition, the troops demanded that 30 villagers from the nearby villages carry rice bags down from the boats on to the river banks, without any payment and the villagers had to bring their own food. The destroyed fields and hill farms were: (1) 13 hill rice farms of Wah-law-klo village, (2) all hill rice farms of Saw-mee-ta village, (3) 9 hill rice farms of Mae-waing village, Papun District, Karen State and 10 rice fields, which were distant from the village. (Source: KIC)

On 25 August 2001, the SPDC IB (73) base in Klaw Me Der Daw Pa Ko) Than Daung township instructed the villagers to get a pass from them if they wanted to go to their paddy farms or fruit tree gardens. Each family was allowed to get a pass for 7 days a week and had to pay 60 kyats for it. If any one was found without pass he was fined 5 visses of chicken. (Source: KIC)

On 27 August 2001, a person from Tapye-khaung Village, Tavoy Township who arrived at the Thai border reported that in that area the SPDC authorities were checking peoples’ I.D. cards, and those who did not bring with them were restricted from traveling further and forced to return home. Therefore, people who want to go to their plantation land which has yet to be seized by the SPDC, have to bring their I.D. card with them.(Source: ABSDF)

On 27 August 2001 it was reported that in Phounn-daw village, as in the other villages under Myay-khan baw village unit of Tavoy Township, the SPDC army troops have imposed restrictions on the residents who wish to obtain food supplies from Tavoy. Phounn-daw villagers who want to buy supplies from Tavoy have to first go to ask for permission at the SPDC army camp, bringing their family registration form and a recommendation from the Village PDC. The SPDC camp commander checks the villager’s list of family members and after that the individual is permitted to buy only the food supplies (such as rice and dehydrated food) determined necessary for that many people for one month. After the supplies are brought back from Tavoy, they are held by the Village PDC and issued back to the residents on a daily basis. The LIB 379 army does not allow the residents to keep more than a day’s rations in their homes. The army troops have threatened that if anyone is found violating their orders, and keeping more rations,they will be severely punished. The LIB 379 army camp at Phounn-daw village has imposed restriction on the food supplies of the residents to prevent them from being transferred to the guerrillas of Squadron 1, under KNU Battalion 10. They have also ordered the residents living in the proximity of Phounn-daw village to put up a fence all around the village, leaving only two gates, one for exit and one for entrance. To travel back and forth from their houses in the village and their fields outside, the residents need to have two credentials; one from the Village PDC and one from the SPDC troops. The villagers have to pay 100 Kyats for each document. Even those who have permits to go outside are not allowed to stay overnight and have to return to the village by a fixed time. It is reported that those villagers found without any permit will be arrested and if they try to flee, they will be shot. (Source: ABSDF)

In the first week of September 2001, troops from SPDC IB 34 and IB 232 forced villagers to organise militias of 10 persons each from Anan-gwin, Pah-pya, Pa-ya, Na-Kwee, Myay-ni-gon, and Win-taung villages in Win-yae township, Dooplaya District, Karen State. In addition the troops did not allow villagers to leave the village and go to in their fields and huts or to tend to their cattle and buffaloes outside the village. The SPDC troops threatened that if they are found outside the village they will be shot. This order was issued on August 6,2001 and at the time of this report villagers under duress because of these restrictions. (Source: KIC)

In September 2001, combined troops from SPDC and DKBA Moe Jo came to Ta-u-kee, Ta-u-nee, Nya-po-kee-Pauk-kee and Ler-ka-der, Thaton District, Karen State and banned the traveling of villagers. (Source: KIC)

On 8 September 2001, troops from column 1 of SPDC LIB 303 and 10 DKBA soldiers came to monastery of Kweeh-lay village, Pa-an District, Karen State and summoned the village heads for a meeting. The troops informed the village heads of the order banning Klaw-ta, Kweeh-lay, Ka-wan-ta, Wah-ker-ta, Noh-ber-baw, Lar-kyo-kaw-tee, Mae-taw-kee and Taw-klaw-kee from going outside of the villages and sleeping in field huts at nights. If the villagers had to go to their farms they were to do so, with a pass, during the time from 6:00 AM to 6:00 PM. The villagers had to pay a chicken for a pass. The troops threatened to execute villagers found without a pass outside of the village. As a result, the villagers had to keep their cattle near the village for grazing. The troops forced 2 villagers from Klaw-ta, 4 villagers from Kweeh-lay and 3 villagers from Wah-ker-ta to serve as porters.  (Source: KIC)

On September 26, 2001, sergeant major, Kyaw Win from company 3 of SPDC IB 26 came to Baw-plaw-ta of Be-lin Township, Thaton District, Karen State and demanded 2 Viss of chickens and refused to allow the villagers to go outside the villages. Troops from SPDC LIB 106 led by Sein Htun based in Kweeh-lay-tha-waw-pya village captured some women and tortured them by putting plastic around their heads. The troops cut off the travelling and transporting routes of villagers in the area of Toe-the-kee, Taw-klaw-ta and Htee-pah-doh-ta villages. (Source: KIC)

As of 5 October 2001 it was reported that many young people from villages such as Toe-teh-khee, Klaw-hta, Kwee-lay, Kawa- hta, Wah-keh-hta, Noh-ber-baw, Htaw-klaw-khee, Htaw-klaw-hta, Lay-kaw-hti, Nya-po-khee and Ta-eu-khee villages could no longer tolerate the oppression and torture from SPDC and DKBA troops, and had fled from the area. Troops from SPDC and DKBA were not allowing villagers from Toh-teh-khee, Klaw-hta, Kwee-lay, Kawa-hta, Noh-ber-baw, Htaw-klaw-khee, Htaw-klaw-hta, Lay-kaw-hti, Nya-po-khee and Ta-eu-khee to go to their upland paddy fields in Thaton District. As a result, buffaloes, cattle, wild pigs and monkeys ate and destroyed the paddy fields. This occurred during the time that the ILO team came to Burma to investigate human rights abuses, and as a result the SPDC troops claimed that all abuses were carried out by the DKBA. During this time, SPDC troops launched a block and cut-off operation, with troops under SPDC LIB 77 patrolling many parts of the jungle in Tha-ton District and also deploying a large number of guards both inside and outside of the villages. (Source: KIC)

On 10 October 2001, company commander Aung Naing Moe from SPDC LIB 106, with some DKBA troops, demanded rice from villagers of Kwee-lay-law-hta, Thaton District, Karen State. The villagers replied that they had no rice to give, after which the troops went to search the paddy barns and pounded the paddy that they found to get rice. They then banned the villagers from leaving the village to buy rice and also demanded paddy from the villagers. As a result, the villagers were facing great difficulty. (Source: KIC)

Forced registration, military conscription and restriction of movement

On 15 October 2001, SPDC military authorities in Kaeng Tawng area in Murng-Nai township, Shan State, issued an order requiring people in the area to serve in the people’s militia and put more restrictions on their movement by registering family members and issuing registration cards to everyone 8-years-old and older. The SPDC stated that at least 200 men, aged between 25 and 50, would be conscripted from the 4 village tracts in the area and the conscription was to be completed in December 2001. Anyone who refused to be conscripted or complained about the conscription would be severely punished, according to the order.

A similar conscription order was issued previously sometime in July 2001, but many people had run away to other places, including Thailand, in fear of being forcibly conscripted, temporarily thwarting the plan. In an attempt to stop people from fleeing and prevent strangers from staying in the area, SPDC military authorities have since then made registration of all the household families and their members mandatory in the Kaeng Tawng area, and issued registration cards to everyone.

When houses were checked by the authorities, every registered family member had to be accounted for and every member had to be able to present their registration cards. Missing family members and strangers would be punished. (Source: SHRF)

Robbery and rape of travelers by the SPDC

On 20 March 2001 at about 8:00 am, approximately 20 ethnic Burmese travelers coming from Pin-si village, Taung-pa-pu township, Kanchanaburi district in Thailand, arrived at Thu-kha border camp. The travelers were originally from Aok-tu village, Ka-sit village, and Chaung-wa-pyi village, Tha-yet-chaung township in Tavoy district. IB 104 column (2) commander Khin Maung Htway from Thu-kha border camp collected 200 baht of Thai currency from each of these travelers for crossing the border and sent seven soldiers from their group to accompany the travelers, stating that this was necessary for security reasons. These seven soldiers from IB 104, left Thu-kha border camp with the 20 travelers and when they had traveled 3 miles to the base of Thu-kha mountain, they lied to the travelers saying it was not safe to travel further because the security situation was bad, and then made them stop. Then the soldiers started searching the bodies of the travelers and taking all of their valuables including gold jewelry, money, radios, cassettes, clothes and Thai and Burmese currency. In a few short hours the travelers had lost all the money and household goods that they had earned during the two years they worked in Thailand. The soldiers then took one of the travelers, an 18 year old woman from Aok-tu village, to the forest for about 30 minutes where she was raped by the 7 security force members, one by one, and then released. After this they were allowed to continue on their way. (Source: ABSDF)

12.4 Restriction on the movements of religious minorities

It is still virtually impossible for Muslim Rohingya people to move within Arakan State or to other parts of Burma from Arakan State. Only citizens carrying identity cards are free to travel within the country, which precludes movement by those unable to meet the restrictive provisions of the “citizen law”. Formerly, Rohingya (Bengali-speaking Muslims) who wanted to travel outside their village could apply to the local SPDC authorities for permission, however this changed in June 2000.

On June 7 2000, a meeting was held by Maj. Gen. Aung Htwe, the commander of the Western Command in Arakan state capital Akyab (Sittwe), and was attended by members of the all Township PDC, Districts PDCs, the Director of Immigration, the Head of the MI and Director of the NaSaKa (Western Area Command) Headquarters. Following this meeting Rohingyas were no longer allowed to travel within their own localities unless they carried with them recommendations or exit passes from the Town-ship PDC, District PDC, Military Intelligence, or Area Commander of NaSaKa. In addition, they had to fill out “Form-4” issued by the Department of Immigration. To obtain these documents, the Rohingya traveler has to pay a sum of kyats 2,800 to the authorities to process Exit Passes that are usually valid only for 24 hours. Any Rohingya who is found to be traveling with improper documentation, is accused of illegally trying to immigrate and is jailed for 3 years. (Source: ARNO)

In most cases, passes are only granted for a twelve-hour period; only on rare occasion are Muslims permitted to stay outside their village overnight. To travel further, for instance, to the Township capitals at Maungdaw or Buthidaung or the state capital at Sittwe is virtually impossible. The only Muslims able to travel to Sittwe, or further to Rangoon, are those who can afford to bribe SPDC officials. Reportedly, Muslim traders have paid bribes of 500,000 kyat to be able to travel to Rangoon. (Source: Narinjara News)

In 2001 there continued to be reports of SPDC authorities systematically oppressing Muslims in certain areas and forcibly relocating them. Currently there are townships in Arakan State, including, Thandwe, Gwa, and Taung-gut, where Muslims are no longer permitted to live. In these areas, which have been declared ‘Muslim-free Zones,’ mosques have been destroyed, and lands confiscated. To ensure that the mosques are not rebuilt, they have been replaced with government-owned buildings, monasteries, and Buddhist temples (for more information on oppression of Muslims see chapter on freedom of Religion).

Following periodic outbreaks of anti-Muslim violence in 2001 restrictions on the movement of Muslims were increased. In February riots between Buddhists and Muslims broke out in the town of Sittwe, the capital of Arakan State, which some reports indicate may have been instigated by the government. Following the 4-days of rioting, the SPDC tightened the already strict travel restrictions for Muslims in the area, preventing Muslims from traveling between Sittwe and other towns in the region.(Source: US State Department, 2001)

12.5 Restriction on the movements of Daw Aung San Suu Kyi and the NLD

The military authorities have maintained strict controls on Aung San Suu Kyi’s travel outside the capital since freeing her from six years of house arrest in 1995. Since then she has been permitted to travel outside Rangoon only once to visit to a monastery. On August 24, 2000, Aung San Suu Kyi and her companions were prevented from traveling to an NLD party meeting in Kungyangon, near Rangoon, which led to a 9-day roadside standoff, during which she was denied access to other NLD member. On September 2, 2000, the standoff ended when police took Aung San Suu Kyi and those with her into custody and held them incommunicado at Aung San Suu Kyi’s Rangoon residence, finally releasing them on September 14, 2000. On September 21, 2000, the SPDC again put her under house arrest, following her attempt to travel by train to Mandalay, and she remained in detention throughout 2001. On both occasions other leaders of the NLD, including the vice chairman of the NLD, U Tin Oo were detained along with Aung San Suu Kyi. During the year she was thus prevented from attending a ceremony in her honor held in Oslo, to mark the 10th anniversary of her receipt of the Nobel Peace Prize in 1991. Since 1996 security forces have also restricted public movement along the street in front of Aung San Suu Kyi’s residence. (Source: US State Department)

12.6 Restriction on movement of migrant workers to Thailand

New law prohibits illegal migration to Thailand

On 5 October 2001, it was reported in Kawthaung, a Burmese border-town opposite Ranong in southern Thailand, that the Burmese government had enacted a new law which punished anyone caught illegally crossing into Thailand with a fine or a mandatory prison sentence. The Tenasserim Division’s General Administration Department has notified all police stations, immigration departments, and township-level authorities of the new law. This new law has been put in place at the same time that immigration to Thailand is increasing as Burmese workers seek to cross the border in order to apply for a work permit before the October 13th deadline. This law has been interpreted as Burma’s attempt to placate Thai authorities who for years have been trying to reduce the number of illegal migrants arriving in Thailand.

Sentencing under the new law is divided into three sections based on age and place of residence. Offenders under thirty-five years of age who are living in Kawthaung face one-and-a-half years in prison or must pay a 15,000-kyat fine; anyone over thirty-five years of age faces two-years in prison or a 20,000-kyat fine; and finally, Burmese nationals living outside of Kawthaung, if apprehended face a three-year prison sentence or a 30,000-kyat fine. In addition, any resident of Kawthaung who is caught housing individuals who are trying to illegally enter Thailand will be subjected to the same penalties. According to the new law, Township-level courts must hand down their judgements within twenty-four hours of the individual’s arrest. If the person convicted can pay the fine, they will reportedly be allowed to return to their home, however their movements will be restricted. (Source: Irrawaddy)

Migrant workers forced to pay bribes to leave Burma

Since late November 2001, SPDC authorities in Mon State have been extorting money from migrant workers when they enter and leave the country, according to two migrant workers who recently arrived in Mae Sot, Thailand. These workers reported that the SPDC’s administrative village officers and police officers in that area, have issued order No.13/1, which prevents local people from going to foreign countries, such as Thailand and Malaysia, for work. The order states that those who try to do so will be sentenced to 5 years imprisonment. However, it has been reported that Pa Lae village (SPDC) Chairman, U Khin Hlaing allows villagers to leave the village to travel abroad, who give him 1,500 kyat, and accepts those migrant workers back who can pay him the same amount. Pa Lae village is in Bee Lin township of Mon State. (Source: MICB)

12. 7 Restrictions on the movement of women

In an effort to stop the trafficking of women, the SPDC has enacted regulations forbidding girls under age 25 from crossing the border unless accompanied by a guardian. For the same reasons, the government has made it difficult for women to obtain passports or marry foreigners. In fact these restrictions have little effect in preventing women from being trafficked, as most citizens who are forced or lured into prostitution cross into Thailand without passports. Instead in many cases the restrictions serve to make women more vulnerable to traffickers, corrupt police officials and employers (for more information see Chapters on Situation of Migrant Workers and Rights of Women). (Source: US State Department)

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