11. Freedom of Opinion, Expression, and the Press
"Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.” - Article 19, Universal Declaration of Human Rights
"Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.” - Article 27, Paragraph 1, Universal Declaration of Human Rights
Freedoms of opinion, expression and the press have been virtually non-existent in Burma since the military coup of 1988. The Press Scrutiny and Registration Division (PSRD), a division of the powerful Ministry of Information, examines every publication for anything perceived as “anti-regime.” 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.
Despite an increase in the number of journals and publications approved for publication and distribution in 2005, the junta continued to tightly control people's access to news within the country. Meanwhile Burma's human rights situation has increasingly drawn criticism from foreign and exiled media groups, NGOs and foreign governments. At a conference of the Nonaligned Movement, which comprised 114 countries working towards establishing an Internet-based network for the exchange of news between member countries, in November 2005, the Minister for Information, Brig. Gen. Kyaw Hsan, accused the Western media of “jeopardizing” Burma's stability through the spread of false news. The Information Minister stated that the regime hoped to “rebuff the unfair and baseless news produced by the Western media.” (source: “Burma's Information Minister Slams Western Media,” Irrawaddy, 21 November 2005). To this end, Burma launched a “fight media with media” campaign in 2005. Throughout the year, journalists within the country were pressured to write articles in line with the regime’s views and policies. Journals and newspapers were also forced to print an increased number of “planted” pro-junta articles. Furthermore, the regime conducted a journalism training program for USDA members designed to breed a new generation of pro-junta journalists within the country.
Despite the regime’s domination of information sources, the people are well aware that much of the news from official sources is propaganda. 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. The main sources of outside information are 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 recent years, there has been an increase in the import of cheap Chinese-manufactured short-wave radios and, therefore, a greater number of people have been able to access these stations. In addition to radio, DVB launched a new Burmese language satellite television service inside Burma on 28 May 2005. The service consists of Burma related news and information concerning the democracy movement. There were attempts by the regime to block the station’s signal shortly after DVB began broadcasting. A limited number of publications by exiled groups working along the Thai-Burma border are also regularly smuggled into Burma. However, the SPDC is aware of and attempts to cut off these sources of information. Individuals caught distributing or possessing dissident news material were severely punished.
International media watchdog groups such as Reporters Sans Frontieres (RSF), Freedom House, and the Committee to Protect Journalists (CPJ) have repeatedly criticized the regime for its suppression of press freedoms and its imprisonment of journalists. RSF placed Burma in 163rd place out of the 167 countries reviewed for 2005. RSF noted that “no improvement was seen in Burma (163rd) [in 2005]” (source: “Worldwide Press Freedom Index 2005,” RSF, 20 October 2005). Similarly, a Freedom House survey, ranked Burma as among the world’s worst in terms of press freedom (source: “US-Based Media Group Rates Thai Press as 'Partly Free,’” The Nation, 14 February 2005). Furthermore, the CPJ found that Burma has one of the highest numbers of jailed journalists worldwide (source: “In Imprisoning Journalists, Four Nations Stand Out,” CPJ, 3 February 2005). Further, only seven journalists were reported as freed from prison in 2005. Despite calls from the UN Special Rapporteur for Human Rights Paulo Sergio Pinherio, RSF and Amnesty International, U Win Tin, Burma's most prominent imprisoned journalist, remained imprisoned in 2005 (source: “Amnesty Urges Release of Myanmar Journalist Turning 75 in Prison,” AFP, 11 March 2005).
As part of their overall effort to control information, the military regime severely restricts all forms of communication. Telephone lines reach less than 1 percent of the people in Burma (source: “How to Fool the Cyber Spooks,” Irrawaddy, 30 March 2005). Without a permit, which is expensive and difficult to obtain, individuals can be arrested for possessing or using fax machines, mobile phones, photocopiers or computers. In 2005, the junta upgraded their Internet filtering software, sparking fears that Burma's system of Internet control may worsen. Furthermore, the cost of computers and Internet service charges has effectively barred most people in Burma from being able to use the Internet.
Pursuant to section five, this law makes it an offense to possess, control, receive or communicate any information that is likely to affect the sovereignty and integrity of the State or relations with foreign nations or is otherwise prejudicial to the safety of the State. There is no exception for the disclosure of classified information on public interest grounds. Anyone convicted under this law is liable to be punished with imprisonment for up to two years or a fine or both.
This act makes it an offense to possess, without official permission, any “wireless telegraphy apparatus.” This law was amended in 1995 and 1996 to expand coverage to unlicensed fax machines and computer modems. Anyone found in possession of these devices without official permission is liable to imprisonment for up to three years or a fine of up to 30,000 kyat.
This section of the Penal Code outlaws treason. Treason is punishable with death or life imprisonment. It was used in late 1990 against several NLD functionaries who attended meetings in Mandalay with the intent of forming a provisional government-in-exile after the election results were disregarded by the junta. The functionaries were arrested and sentenced between 10 to 25 years imprisonment under section 122.
This law makes it an offense to incite, demonstrate, deliver speeches, write statements or disseminate material that would “disrupt and deteriorate the stability of the state, community peace and tranquility 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.” It also forbids anyone from drafting or distributing a national Constitution without legal authorization. Collaboration in any of the above-mentioned acts is also considered an offense under this law. Punishment ranges between three months to 20 years along with a possible fine. In addition, organizations convicted under these provisions risk being banned and confiscation of their properties.
This Act 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. “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” is punishable by death or life imprisonment according to Article 2. Similar punishment is prescribed for any act that is “intended to cause, or causes, sabotage or hinders the successful functioning of the State military organizations and criminal investigative organizations” under Article 3. Article 5(a) outlaws actions that violate or infringe upon “the integrity, health, conduct and respect of State military organizations and government employees.” Causing or intending to “spread false news about the Government” is similarly outlawed under Article 5(e) as is causing or intending to “disrupt the morality or the behavior of a group of people or the general public” under Article 5(j).
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 review to the SPDC prior to publication or, in some cases, prior to distribution. According to the censorship guidelines, material that is not tolerated includes anything “detrimental to the ideology of the State; anything which might be harmful to security, the rule of law, peace, public order, national solidarity and unity; and any incorrect ideas and opinions which do not accord with the times.” The provisions of this law have been used by the regime to preclude criticism and opposition of the regime. Transgressors could face imprisonment up to seven years and a fine of up to 30,000 kyat.
Under section 4, the junta has the power to declare a state of emergency in a part or the whole of Burma and to restrict any rights of the citizens in specified regions or in the entire country. This law also allows the junta to restrict the movement of citizens. Pursuant to section 11, anyone can be confined to a specified area or have their freedom of movement otherwise restrained. The junta can also prohibit citizens from possessing or using specified material under section 11. Appeals of orders passed in accordance with this law are not allowed in any court. Only the Union Cabinet is authorized to hear appeals of such orders. Under a 9 August 1991 amendment to section 14, an executive order can subject anyone charged with suspicion of committing, committing, or about to commit any act that “endangers the sovereignty and security of the State or public peace and tranquility” to imprisonment for up to five years without trial.
This law provides for the compulsory licensing of television sets, video recorders and satellite televisions by the Ministry of Communications, Posts and Telegraphs and of the video business by the newly constituted State or Divisional Video Business Supervisory Committees. The latter is responsible 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 videotapes, whether locally produced or imported, by a Video Censor Board. The requirement of obtaining censorship certificates has been extended 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 a fine.
This law applies to the censorship of conventional cinematography films. A license from the Myanmar Motion Picture Enterprise, a state agency, must be obtained to produce any kind of film. Violation of the terms and conditions of a license are punishable by a fine ranging from 5,000 to 50,000 kyat and 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 decisions are final.
This law requires anyone who wishes to import, possess or use computer equipment, notably those with networking or communication facilities, to obtain a license from the Ministry of Communications, Posts and Telegraphs (MPT). The Ministry is granted absolute power to consider license applications and determine the license conditions. Failure to obtain a license is punishable by imprisonment for a term between seven and 15 years and a fine under sections 31 and 32.
Those who wish to set up a computer network or connect a link inside the computer network are also required to apply to the Ministry pursuant to section 28. In addition, the Ministry is responsible for approving the activities of computer-related associations. Pursuant to the Ministry’s policy, only three types of associations may be formed in Burma: computer enthusiasts, entrepreneurs and scientists associations. All others are illegal. Anyone operating or belonging to an illegal association is subject to punishment up to three years, a fine, or both. (Source: Burma UN Service Office, 2005).
The junta continued to tightly control freedom of expression during the 2005 National Convention (NC) sessions, held in February and December. Foreign diplomats and journalists were consistently denied permission to attend the May 2004 session of the NC. At the re-convening of the 2005 sessions, on 17 February and 5 December, selected local and international media were permitted to attend. However, many international journalists who had previously written articles critical of the junta were refused visas to enter the country. Other foreign journalists were granted only a two day visa. Journalists in Rangoon also reported that only local newspapers with a good relationship with the censorship board were permitted to attend both the opening ceremony and the press conferences.
Furthermore, the junta limited coverage of the NC. Journalists were obliged to only report an overview of the ceremony and delegates were prohibited from answering questions directly in English. According to one foreign correspondent, journalists were denied the opportunity to report freely on the opening ceremony held in December. At a press conference on the NC, Lt. Gen. Thein Sein allocated little time to journalists and provided only brief responses to journalist's questions. (Sources: “Burma Restricts Convention Reporting by Foreign Journalists,” DVB, 18 February 2005; “U.S. Slams Burmese Junta's National Convention,” Mizzima, 6 December 2005).
The junta also invited foreign diplomats to attend the opening ceremonies of the 2005 sessions of the NC. Yet, both the U.S. and the E.U. have denounced the NC as lacking legitimacy as it has failed to include meaningful dialogue with political opposition groups, particularly the NLD. Therefore, diplomats from the U.S., the E.U. and also Australia declined the invitation to attend the opening ceremony of the February session of the NC. (Source: “Junta Reconvenes Constitutional Convention Amid Criticism,” Irrawaddy, 17 February 2005).
The freedom of expression of the delegates attending the NC was also restricted. The Procedural Code, under which the NC operates, includes provisions that outlaw any criticism of the NC. Under order 5/96, any delegate who criticizes the NC can face imprisonment of up to 20 years. On 13 December 2005, several opposition leaders in Rangoon were warned by authorities that they would be prosecuted under order 5/96 if they criticized the NC and were told not to release information concerning the NC to media groups (source: “Shut Up: Burmese Opposition Warned Not To Criticize Junta's Convention,” DVB, 14 December 2005).
Throughout the NC process, the junta has categorically denied all efforts to influence the predetermined agenda. Every speech given at the NC had to be approved in advance by the Panel of Chairmen, in compliance with the NC Procedural Code, and the delegates were able to only read the edited version. On 11 May 2004, six ceasefire groups in collaboration issued a joint statement with several proposals to be considered by the Convention delegations. The SPDC, however, refused to allow the proposals onto the agenda (source: “Situation of Human Rights in Myanmar,” Sixtieth session of the UN General Assembly, Item 73(c) of the provisional agenda, 12 August 2005). According to delegates attending the February 2005 session, “The Wa tried…to recapitulate on what they had proposed during the last round but they were barred” as were the Karenni National Progressive Liberation Front (KNPLF) (source: “Convention Rep: No Law in Burma,” SHAN, 28 March 2005). The NMSP Secretary, Nai Hantha, cited the inability to freely discuss matters of concern as the reason behind the party’s decision to not attend the December session of the NC. He stated that previous attempts by ethnic nationality delegates to raise issues at the NC were ignored by the junta and that they feared prosecution under order 5/96 if they were to continue to raise such issues at the NC (source: “Peace Group NMSP Won't Attend Burma's Convention,” DVB, 5 December 2005). However, the NMSP did send three representatives to serve as observers.
Furthermore, according to one of the state-controlled newspapers, Myanmar Ahlin, Brig. Gen. Kyaw Hsan read to the delegates a “code of ethics and discipline” shortly after the opening ceremonies. This list of rules included a provision against walking out of the convention alone or in groups, expressing disloyalty to the State and discussing “irrelevant matters.” Brig. Gen. Kyaw Hsan assured delegates that these rules were “prescribed not for repression but for the interest of the national races and the delegates.” Critics see these rules as a reaction to the 1996 protest by the NLD, when their 86 delegates to the NC walked out of negotiations after complaining that their contributions were ignored.
In a further attempt to minimize disruptions, the SPDC hand-picked most of the 1,081 delegates for the NC and session proceedings were held at an obscure location outside Rangoon. In 2004, UN Special Rapporteur Paulo Sergio Pinheiro described the delegates as being, “virtually under house arrest” at the specially constructed camp 45 km north of Rangoon, in Nyaung Hna Pin. The camp was surrounded by military bases and delegates were confined to the compound and forbidden from discussing the proceedings with non-delegates. In 2005, it was reported that delegates were subject to a curfew and “essentially cut off from the outside world.” (Sources: Briefing: Issues and Concerns Volume 1, Altsean, 24 November 2004; “NC Delegates Told Not to Walk Out or Make Anti-National Remarks,” AP, 18 May 2004; “Will the National Convention Legitimize the Junta,” Mizzima, 2 December 2005).
On 17 February 2005, Maj. Aye Thun, the director of the Press Scrutiny and Registration Board (PSRB) was forced to retire due to his links with the deposed former Prime Minister Khin Nyunt. In April, the PSRB was renamed the Press Scrutiny and Registration Division (PSRD) and moved from under the authority of the Ministry of Home Affairs to the Ministry of Information. In July, the new head of the PSRD, Major Tint Swe, issued a number of new press regulations, which were totted as “more flexible censorship policies.” The new regulations included a lifting of the ban on media coverage of natural disasters, poverty and health issues including HIV/AIDS. Press coverage of such topics, however, would only be allowed if deemed “not [to] affect the national interest.” Critical reports of regime projects were also included among the new “concessions” to the media, but only if deemed “constructive.” A ban on negative reports and commentary about China, India and ASEAN remained in place. The new regulations also empowered the PSRD to block the transfer of a publishing license from one publisher to another and tightened control over authorized editorial teams. (Sources: “Burma's Private Media Face New Junta Threat,” Irrawaddy, 5 August 2005; “Burma: Ban on Sensitive News Extended Despite Assurances of More Flexible Censorship Policies,” SEAPA, 23 August 2005; “More Flexible Censorship Policies?” Irrawaddy, December 2005). Meanwhile the PSRD blocked the Burmese edition of Myanmar Times from publishing an article on the new regulations. Only the English edition of the Myanmar Times was allowed to publish the information. (Source: “Burma Continues its Censorship Regime,” Mizzima, 28 August 2005).
In 2005, despite several internal changes within the censorship board and new regulations regarding press freedoms, Burma's press remained among the most repressed in the world. RSF placed Burma in 163rd place out of the 167 countries reviewed for 2005. RSF noted that “no improvement was seen in Burma (163rd) [in 2005]” (source: “Worldwide Press Freedom Index 2005,” RSF, 20 October 2005). Similarly, a Freedom House survey, ranked Burma as among the world’s worst in terms of press freedom (source: “US-Based Media Group Rates Thai Press as ‘Partly Free,’” The Nation, 14 February 2005). As a result of the heavy control of journalism in Burma, compounded with widespread poverty, illiteracy and lack of access to print media, most citizens choose to get their news from various foreign radio stations. These are the BBC, VOA, DVB, and RFA. In 2003, it was reported that close to 95 percent of civilians, as well as members of the military, relied on foreign radio broadcasts for information about events inside Burma (source: “Thanks to the Foreign Burmese Radio Services,” Narinjara News, 11 June 2003). In recent years there has been an increase in the number of cheap Chinese-made radio receivers, which has likely increased the number of radio listeners (source: “More Flexible Censorship Policies,” Irrawaddy, December 2005).
The PSRD continued to heavily screen print material prior to publication in 2005 and stiff bribes were often required to get non-offensive material approved. It was reported in the Myanmar Times that the PSRD increased its staff in 2005 to approximately 100 employees, 60 of whom were reportedly assigned to censorship work. According to Maj. Tint Swe, the director of the PSRD, “Each staff [member] is now examining three periodicals every day” (source: “More Flexible Censorship Policies?” Irrawaddy, December 2005). The 400 or so private journals in Burma are required to submit an application for each publication listing every news article they wish to publish to the PSRD for approval. Each form requires a fee of approximately US$1 and PSRD employees reportedly expect “sweeteners,” in the form of gifts or cash, to process the application. According to a journalist in Rangoon, “Bribing only helps to have your journal edited faster...It does not help sensitive stories pass.” (Source: “Keeping the Censors Sweet,” Irrawaddy, 17 August 2005). If an article is censored, the editors are forced to change the entire layout of the magazine to hide the removal of the objectionable material. There is, therefore, a strong incentive for magazine editors and writers to engage in self-censorship to avoid this time-consuming and expensive process.
Throughout 2005, the regime increased pressure on the private press sector to actively support regime policies. An article in The New Light of Myanmar, the junta's mouthpiece, stated that “all members of the literary profession holding the effective weapon [a pen] will become an extra strength of the nation if they protect the national interest. But if they remain indifferent, they will be pointed as persons who are not dutiful towards the nation [sic].” Throughout 2005, private journals were increasingly forced to run stories that perpetuated the junta’s views and supported their policies. In January 2005, several Burmese weekly publications were forced to publish an identical article accusing the NLD of using the CRPP as a “weapon.” The CRPP had been calling for the convening of a parliament within Burma. The article, which was signed by an unknown person, Maung Pyi Thu, accused the NLD and the CRPP of making unreasonable demands and threatened that the CRPP could be closed down as an unlawful organization. (Source: “NLD Accused of Using CRPP as a Weapon,” Irrawaddy, 13 January 2005). Following the arbitrary arrest and continued detention of several prominent Shan leaders in February 2005, reports surfaced that the Shan leaders had been denied legal access. In response, in early March the junta forced several Burmese weekly publications to run identical articles proclaiming the trials of Shan leaders as “lawful.” The article, which was signed under the pseudonym Tein Ta Marn (A Cloud Messenger), stated that the trials of the Shan leaders were conducted in accordance with the law. The article also stated that the special trials inside Insein prison had been arranged in order to protect state secrets and that the NLD's lawyers had been denied access to the defendants because their practices were not in accordance with the law. (Source: “Shan Leaders Trail Lawful,” Irrawaddy, 14 March 2005).
The PSRD was reported to have banned techniques previously used by private journals to make articles planted by the junta apparent to their readers, such as boxing articles or printing them on a separate page from the main body of the journal’s news. In-house reporters were also forced to write articles promoting regime policies in such a way as to make them indistinguishable from other news reports. Journalists in Rangoon were reported as saying that the situation of press freedom within Burma had deteriorated in 2005 and that the junta’s more sophisticated approach to propaganda posed a “serious threat” to the already tightly restricted private media sector within Burma. (Sources: “Burma's Private Media Face New Junta Threat,” Irrawaddy, 5 August 2005; “Burma: Ban on Sensitive News Extended Despite Assurances of More Flexible Censorship Policies,” SEAPA, 23 August 2005; “More Flexible Censorship Policies?” Irrawaddy, December 2005).
Foreign journalists, while not subject to the same risk of arrest and intimidation as local journalists, also face restrictions on reporting news from Burma. The few foreign journalists who are allowed to live in Burma are subject to the same censorship laws as their local colleagues. For visiting foreign reporters, the junta requires a special journalist visa as well as a “Permit to Conduct Journalistic Activities.” In the past, reporters granted visas were kept under close surveillance by intelligence agents and impeded from accessing opposition leaders, including Aung San Suu Kyi (source: “Attacks on the Press in 2003,” CPJ, 19 May 2004). International journalists who write articles critical of the regime have been blacklisted from the country. In early 2005, approximately 10 journalists who had previously criticized the regime, including former BBC journalist and Burma affairs expert Larry Jagan, were denied visas into the country. In June 2005, Burma's state-owned paper, The New Light of Myanmar, reported that the junta aimed to “launch a counter-offensive in all aspects against foreign media.” A month earlier, Brig. Gen. Kyaw Hsan accused the foreign media, including the BBC and VOA, of airing “false and fabricated” reports. (Sources: “Burma Restricts Convention Reporting by Foreign Journalists,” DVB, 18 February 2005; “Burma Regime Holds Second Press Conference Since Bombings,” Irrawaddy, 13 June 2005; “Junta Increases Propaganda Efforts,” Irrawaddy, 29 June 2005).
The Myanmar Times, which is 49 percent owned by Ross Dunkley, an Australian, and in previous years had been able to operate with slightly less censorship, lost the favor of the generals in 2005. The weekly magazine, launched in March 2000 and published in English and Burmese, was closely linked to former Prime Minister Khin Nyunt. Following Khin Nyunt's removal from office in October 2004, the magazine's Deputy CEO Sonny Swe was arrested on charges related to violating censorship laws and in April 2005 he was sentenced to 14 years imprisonment. Furthermore, in August 2005, Sonny Swe's wife, Yamin Htin Aung, who had taken over a 51 percent stake in the magazine, was ordered by the Ministry of Information to sell her shares. It was reported that the Ministry of Information threatened to close down the magazine if Yamin Htin Aung refused to comply with the order. Dr Tin Tun Oo, who is closely aligned with the Ministry of Information and owner of Thuta Swe publishing house, is suspected to be the most likely recipient of the shares. Analysts believe that the change in management is an attempt by the regime to strip the paper of previously enjoyed press freedoms. Throughout 2005, the magazine was required to print stories provided by the Ministry of Information almost every week. While in the past the magazine had been minimally censored by the regime, in 2005 it was subject to the same PSRD censorship process as other journals in the country. (Sources: “Myanmar Times On the Rocks After Share-Holder Pullout,” Mizzima, 14 September 2005; “Sign of the Times,” Irrawaddy, 13 October 2005).
To further dominate the mass media, the regime initiated a junta-run journalist training program in 2005 to co-opt members of the USDA into the journalism profession. Speaking to trainees on 14 September, Brig. Gen. Kyaw Hsan stated that the media “will lose its aims and will harm the national interest if it exercises excessive freedom.” He called on the media to help fight “saboteurs from inside and outside the nation [who] are trying to destroy the national development in all sectors.” (Source: “Myanmar Stresses Importance of Mass Media in National Construction,” Xinhua, 15 September 2005). Meanwhile, in June, UNICEF also ran its second journalist training program in Rangoon. According to UNICEF’s Rangoon communications officer, while the response to the training was positive, there were some areas in which the trainees were unable to apply journalistic ethics due to censorship laws. (Source: “Trying to Penetrate the Iron Curtain,” Mizzima, 1 July 2005).
The junta has also made extensive efforts to block certain news stories and limit access to information on sensitive topics deemed harmful to the regime’s image. Following the 26 December 2004 tsunami, the SPDC banned coverage of the tsunami’s impact in neighboring countries and in Burma. On the day following the tsunami, there was no mention in Burmese papers of the local impact. Rather there were only “messages of sympathy” sent by the generals to the affected countries. According to a report released by Altsean, a human rights advocacy NGO, “It took two full days for the regime to officially report a minimal 36 deaths, 45 injured, 14 missing, and 788 homeless displaced, and 17 coastal villages destroyed. On 1 January 2005, the regime updated these figures to 59 dead, 43 injured, and 3,205 people made homeless.” (source: Tsunami Impact on Burma-Update, Altsean, 28 January 2005). Later estimates tallied a death toll of 60-80 people, however these estimates remained significantly lower than those reported by the World Food Program, various NGOs and independent news agencies. Meanwhile, an estimated 2,300 migrant workers from Burma residing in Thailand died when the tsunami hit and with thousands more missing and affected. However, no information about these survivors was reported in the Burmese media, leaving family and friends of migrant workers uninformed and unable to help (source: “Help Burmese Migrants, Says Rights Body,” The Nation, 22 January 2005).
In the enforcement of the ban on tsunami images, four video store owners in Sittwe, Arakan State, were reportedly arrested on 16 January 2005 for renting copies of tsunami footage and relief efforts they had obtained via satellite TV. Police seized copies of the tapes and arrested and fined the shop owners 30,000 kyat each for illegally distributing the uncensored tapes. One possible explanation for the junta’s reluctance to publicize the devastation of the tsunami may have been the traditional belief that earthquakes are an omen of regime change. (Sources: Tsunami Impact on Burma-Update, Altsean, 28 January 2005; “Survivors of the Tsunami Fined in Burma,” Mizzima, 24 January 2005).
The junta also blocked the flow of information after three bombs exploded in three different locations in central Rangoon on 7 May 2005. The junta both censored news of the bomb blasts and also restricted coverage of casualties. Official state media reported approximately 20 deaths and 162 injured while eyewitnesses estimated the death toll as much higher. The authorities also banned hospital officials from speaking to international reporters about casualties (source: “All Journalists Censored: Cases of Attacks on the Press in 2005,” CJP, 17 May 2005). The junta also heightened surveillance at Internet cafes throughout the country. It was reported that firewalls were upgraded and the number of keywords blocked in messages was expanded to include words such as KNU and NCGUB (source: “Dark Days amid Relentless Junta Crackdown,” Bangkok Post, 8 June 2005). While blocking media coverage of the bombings, the junta also solicited the media's help to expose those behind the attack. At a press conference in June, Brig. Gen. Kyaw Hsan stated that that all citizens were responsible for observing their surroundings and reporting any threat to officials. Meanwhile the responses given by the junta during a press conference to questions regarding the authorities' security efforts surrounding the bombings were either vague or non-responsive. (Source: “Burma's Regime Holds Second Press Conference since Bombing,” Irrawaddy, 13 June 2005).
Reports on foreign relations and policy decisions were similarly restricted in 2005. On 26 July 2005, Burma's Foreign Minister Nyan Win notified ASEAN Ministers during a meeting in Vientiane that Burma had decided to voluntarily forgo the 2006 ASEAN chairmanship. Despite the significance of this decision, private journals in Burma, including Kumudra, 7-Day News and Flower News, were banned by the PSRD from reporting the junta’s decision. News of Burma's forfeit of the ASEAN chairmanship was only publicly reported in the state-run New Light of Myanmar one-week after the decision in a brief article. (Source: “Junta Breaks Press Silence on ASEAN Decision,” Irrawaddy, 2 August 2005).
Following the release of new regulations governing press freedom in July 2005, the PSRD granted licenses to 16 new journals and magazines. A further 15 magazines, journals and booklets, including Yangon Times, the Yangon Post and Weekly Eleven, were approved for publication and circulation in August, according to the Flower News. Weekly Eleven was launched in November by the powerful Eleven Media Group, who also publishes two weekly sports journals and a weekly international affairs publication, which have a combined circulation of some 200,000 copies per week. The journal is reported to be controlled by children of Burma's generals. According to the PSRD, there are 144 weekly journals and 234 monthly magazines in 2004, up from six journals and 35 magazines in 1988. (Sources: “New Burmese Journal to Launch in Burma,” Mizzima, 14 September 2005; “A New Burma Pro-Junta Journal to be Launched in November,” DVB, 13 September 2005; “More Publications of Journals Granted in Myanmar,” Xinhua, 16 August 2005; “Burma's Private Media Face New Junta Threat,” Irrawaddy, 5 August 2005).
In 2005, several publications were periodically shut down due to regime censorship. In February 2005, publication of Han Thit (New Style) was suspended for two months after the journal ran a Valentine's Day restaurant advertisement. Following an appeal by the journal, the suspension was commuted to one month. Valentine's Day is banned in Burma as it is seen as arising from negative Western influence. Also in February 2005, two further journals, Nwe Ni and Myanma Dana, were both suspended for one month after running cover pages that had not been approved by the censors. (Sources: “Magazine Suspended for Carrying St Valentine's Day Advertisement,” RSF, 28 February 2005; “Myanmar Magazine Suspended Over Valentine's Day Ad,” AFP, 1 March 2005).
In February, The Voice was suspended from 14 to 27 February 2005 for publishing a report on the construction of a hotel in Chin State after the story was rejected by the Ministry of Hotels and Tourism. In April 2005, The Voice was suspended for the month of May after publishing a story concerning Vietnam's withdrawal from Water Festival celebrations in Mandalay. According to the news journal, the Mekong Sub-Regional Office was the main source of information, however the Ministry of Hotels and Tourism refuted the story. The PSRD also suspended The Voice for allegedly using falsified sources and writing in a “negative sense.” (Sources: “Magazine Suspended for Carrying St Valentine's Day Advertisement,” RSF, 28 February 2005; “Rangoon Journal Banned for a Month,” Irrawaddy, 26 April 2005).
“There were so many raw materials inside the prison [for a writer]. They are filled up in my heart, to the point of me not able to manage them... I will try my best to reuse those materials from within my head and heart. I will compose and express my feelings. I will try to make them appear on the pages soon [sic].”-Aung Pwint on the day of his release, 6 July 2005 (Source: “Dead Shadows: Words of Burmese Political Prisoners Released on 6 July 2005,” DVB, 6 July 2005).
In 2005, at least seven journalists were released. Six of the seven were released in two mass prison releases on 3 January 2005 and 6 July 2005. On 3 January 2005, thousands of prisoners were released in the wake of Prime Minster Khin Nyunt's removal from office in October 2004. The releases were justified by the regime as corrections of the “mistakes” made under Khin Nyunt’s rule. Unfortunately, only four of those were journalists. Ohn Kyaing, Thein Tan, Aung Myint and Zaw Thet Htwe were all released on 3 January 2005. (Source: “Four Journalists Freed from Prison, Nine Remain Behind Bars,” CPJ, 5 January 2005).
The SPDC released another 250 political prisoners on 6 July 2005 in advance of the ASEAN Ministerial meeting in Laos in an attempt to improve their image before the international community. Documentary filmmaker Aung Pwint and freelance journalist Sein Hla Oo were included in the mass release. (Source: Burma's Withdrawal from the ASEAN Chair: Retreat or Defeat? Altsean, 13 September 2005).
On 23 August 2005, Chit Swe, a 65-year-old cartoonist and NLD member, was released after serving a month prison term. Chit Swe's cartoons have appeared in two financial magazines, the Dana and Myanmar Dana, and highlight socio-economic conditions in the country. He was arrested in his home on 12 July 2005 and found guilty of “defying the orders of the authorities” under a state of emergency law on 3 August. Chit Swe was sentenced to one month imprisonment and a 6 month suspended sentence. (Sources: “Cartoonist Chit Swe Freed on Completing Sentence,” RSF, 28 August 2005; “Cartoonist among 12 Democracy Activists Arrested in Myanmar,” AFP, 20 July 2005).
Ohn Kyaing and Thein Tan were arrested in September 1990, along with four other leaders from the NLD, and sentenced to seven years in prison. According to the state radio broadcast, the group was charged with “inciting unrest by writing false reports about the unrest that occurred in Mandalay on 8 August 1990.” Ohn Kyaing was the editor of the Botahtaung newspaper and a prominent journalist. In 1988, he became actively involved with the pro-democracy movement. Thein Tan was a freelance journalist and was also involved with the NLD. (Source: “Attacks on the Press in 2003,” CPJ, 19 May 2004).
Aung Myint was arrested on 14 September 2000 by intelligence officials and later sentenced to 21 years in prison on 20 December of the same year. He was charged with disseminating news about the NLD to foreign news agencies and western embassies in Rangoon. He was also known by the pseudonym “Phya Pon” Ni Loan Oo, under which he had previously written for the magazines Cherry and Mahaythi. Much of his writing was banned by regime censors or rejected by privately owned magazines. (Source: Burma - 2004 Annual Report, RSF, 20 October 2004).
Zaw Thet Htwe, a sports reporter, was arrested in 2003 and originally sentenced to death under charges of attempted assassination “high treason.” After considerable international pressure, his sentence was commuted to three years imprisonment. (Source: “Four Journalists Freed from Prison, Nine Remain Behind Bars,” RSF, 5 January 2005).
Sein Hla Oo, a freelance journalist and former editor for the Botahtaung newspaper as well as an elected NLD MP, was arrested on 5 August 1994 on charges of contacting opposition groups and spreading damaging information about the regime. The authorities claimed that Sein Hla Oo had “fabricated and sent anti-government reports” to diplomats in foreign embassies, foreign radio stations and foreign journalists. On 6 October 1994, he was sentenced to seven years in prison. He had previously been imprisoned for his political activities with the NLD. Though his second sentence of seven years expired in October 2001, he was forced to complete the remainder of the abrogated 10 year sentence from his previous conviction, of which he had only served one year and eight months. (Source: “Attacks on the Press in 2003,” CPJ, 19 May 2004).
Aung Pwint, who worked as a documentary filmmaker, editor and poet, was arrested in early October 1999 for making independent video documentaries that portrayed everyday life in Burma, including footage of forced labor and poverty in rural areas. Aung Pwint was convicted of “illegal possession of a fax machine” and of “sending news” to banned Burmese newspapers. He received an eight year sentence. In 2001, Human Rights Watch awarded Aung Pwint a Hellman-Hammett grant in recognition of his efforts to disclose the realities of life in Burma. In 2004, Aung Pwint was honored with the CPJ's 2004 Press Freedom award for his work. (Source: “Aung Pwint and Thaung Tun Imprisoned in Burma,” CPJ, 2004).
At least seven journalists remained in prison at the end of the year. This number however is a rough estimate because it is difficult to obtain accurate information from the regime’s prisons. The status and location of prisoners is often unknown.
U Win Tin, one of Burma's most prominent imprisoned journalists, turned 75-years-old inside the regime’s prison this year. Amnesty International and RSF used the occasion of his birthday to renew calls for the release of the former editor-in-chief of the Hanthawati and vice chairman of the Burma's Writers Association. The UN Special Rapporteur on Human Rights in Burma, Paulo Sergio Pinherio, also marked the journalist's 75th birthday with a statement calling for his release. Pinherio stated that “even if we demand the release of all political prisoners, it is still important to plead for individual cases, especially Win Tin and other political prisoners who are old and ill.” Despite these calls, in 2005, U Win Tin completed 16 years in prison of a cumulative 20 year sentence. He remained in extremely poor health and suffers from a degenerative spine disease as well as a prostate disorder. (Sources: “Leading Myanmar Journalist Turns 75 in Prison,” AFP, 12 March 2005; “UN Calls for Release of Veteran Journalist,” Irrawaddy, 11 March 2005; “Journalists in Jail on December 1, 2005: A Global Tally,” CPJ, 2005).
U Win Tin's name appeared on a list of those prisoners scheduled for release in November 2004. However, this was ultimately denied. In 2005, U Win Tin’s name was again among 10 political prisoners scheduled for release on 6 July. There were reports that he, along with 9 other political prisoners, had been shifted to a building, known as “Buwa,” near the Insein Prison gate in preparation for their release. However, on the morning of 6 July, U Win Tin was returned to the main prison and no official explanation for his return was provided. Some observers in Rangoon believe that the authorities' actions were an attempt to demoralize U Win Tin. (Source: “Burmese Junta Tricks Detained Journalist Win Tin,” Mizzima, 7 July 2005).
U Win Tin was originally arrested on 4 July 1989 for allegedly arranging a forced abortion for a member of the NLD. He was later sentenced to an additional 10 years imprisonment in 1992 for “writing and publishing pamphlets to incite treason against the State” and “giving seditious talks.” U Win Tin was a senior leader with the NLD and worked in 1988 to establish independent publications during the brief period of press freedom brought about by the student led democracy movement. On 28 March 1996, U Win Tin's sentence was extended by another seven years after he was charged under section 5(e) of the Emergency Provisions Act for having “secretly published anti-government propaganda to create riots in jail.” Included among these prison publications was a report for the UN Special Rapporteur for Human Rights in Burma Paulo Sergio Pinheiro about the conditions inside Rangoon's Insein Prison.
Thaung Tun, who worked as an editor, reporter and poet and who is better known by his pen name Nyein Thit, was arrested in early October 1999 alongside Aung Pwint. Thaung Tun and Aung Pwint produced independent video documentaries, which included footage of forced labor and rural poverty. Thaung Tun was sentenced to eight years in prison under the 1950 Emergency Provisions Act Article 5(j) for collecting and sending overseas information concerning human rights violations in Burma. In 2004, Thaung Tun was honored with CPJ’s Press Freedom Award. Although Aung Pwint was released from prison on 6 July 2005, Thaung Tun remains incarcerated at Moulmein Prison. (Sources: “Attacks on the Press in 2004,” CPJ, 14 March 2005; “Journalists Imprisoned,” RSF, 2005).
In September 2000, Monywa Aung-Shin (a.k.a. U Aye Kyu) was arrested and subsequently sentenced under both the 1962 Press Act sections 17 and 20, and under section 5(j) of the 1950 Emergency Provisions Act to a cumulative period of 21 years imprisonment. Monywa Aung-Shin began writing poetry in 1962 for several popular magazines in Burma. He was banned from publication in 1988 after becoming involved in the national uprising. He was also an editor for the magazine Sar-maw-khung (Literary World) before it was banned in 1990. He then worked as one of the NLD's press officers and was arrested, together with five others, for writing an NLD statement demanding the release of Daw Aung San Suu Kyi and other Central Executive Committee members, and for the HQs and (Rangoon) Division Branch to be reopened. It also called for urgent tripartite dialogue between the junta, the NLD and ethnic groups and denounced the unlawful action of the SPDC. The Voice of America published and distributed the statement. (Sources: “Unofficial Translation of Trial Report, No. 23 and No. 24 of the Year 2000,” AAPP; Burma - 2004 Annual Report, RSF, 20 October 2004; “Imprisoned Author Monywa Aung Shin Health Deteriorates,” DVB, 1 March 2004).
Ne Min is a lawyer and former reporter for the BBC who was arrested in February 2004 along with four other activists, Maung Maung Latt, Paw Lwin, Ye Thiha and Yan Naing, on charges of passing information to unlawful organizations outside Burma. On 7 May 2004, Ne Win was sentenced to 15 years imprisonment by a special court inside Insein Prison. (Source: “Burmese Junta Sentences Former Political Prisoners to Long Term Imprisonments,” AAPP, 11 May 2004). Ne Win was previously incarcerated in 1989 for “spreading false news and rumors to the BBC to fan further disturbances in the country” and for the “possession of documents including anti-government literature, which he planned to send to the BBC.” He served nine years of a 14 year sentence and was released in 1998. (Source: “Cases 2004: Asia,” CPJ, 30 June 2004).
Maung Maung Lay Ngwe wrote and distributed publications, collectively titled Pe-Tin-Than (Echoes). In September 1990, he was arrested and charged with writing and distributing publications that “make people lose respect for the government.” CPJ continued to include him among the list of journalists in prison in 2005. No information regarding his status was available at the time of this report. (Source: “Journalists in Jail on December 1, 2005: A Global Tally,” CPJ, 2005).
U Than Win Hlaing was arrested in June 2000 and sentenced to 7 years imprisonment under section 17/20 of the Press Act. In the 2nd edition of a 1995 history of prominent Burmese figures in political history, U Than Win Hlaing included information on Gen. Aung San. Although the censors approved the overall content of the book, the junta viewed the information pertaining to Gen. Aung San as a criticism of the present regime. In 2005, U Than Win Hlaing was incarcerated at Thayawaddy Prison and had reportedly suffered from health problems. (Source: Myanmar: Travesties of Justice– Continued Misuse of the Legal System, AI, 12 December 2005).
The lack of freedom of expression in the academic community, together with an ever decreasing standard of education within the country, severely hinders student development. The junta strictly controls teachers, students, the academic curriculum and the academic environment. Critical thinking, creativity and respect for a diversity of thought are not promoted within Burma's education system. All new academic programs or courses must be approved by the regime as well as all instructional material used in the education system. Newsletters, research booklets and academic reviews issued by the departments of various educational institutes have been banned since the start of military rule in 1962. Students are also prohibited from publishing course reviews and study guides, and only junta sponsored textbooks are available. Academic papers must be submitted in advance to the preparatory committee of the seminar for prior approval. Scholars who criticize the junta or contradict regime policy are frequently prohibited from publishing articles in their field of study. The authorities have also persecuted students who publish booklets of poems or short stories fearing such publications will prompt political activities among students Meanwhile, earlier crackdowns on the underground press by the regime reduced their activities. In 2005 the activities of the underground press were largely limited. However in February, copies of a booklet, titled “Open Letters of Fighting Peacocks” were distributed throughout universities and colleges in Rangoon. The fighting peacock is the symbol associated with the pro-democracy movement. (Sources: 2004 Education Report, ABFSU, February 2005; “Burmese Education a Poison Plant,” DVB, 21 March 2005).
Moderators and university faculty members are hand selected by the regime and are routinely warned against criticizing the regime. University professors are forbidden to say anything critical in their lectures about the curriculum, the education system or the military regime in general. Teachers are also instructed not to discuss politics in the classroom and are prohibited from engaging in any sort of political activity. SPDC officials regularly join university meetings to remind academics of these laws to intimidate them into submission. There have also been reports of intelligence agents infiltrating classrooms and reporting on students and teachers who speak out against the regime. Moreover, the SPDC continues to coerce professors and teachers into joining the USDA. The Ministry also requires prior approval for meetings with foreigners. (Source: 2002 Education Report, ABFSU, May 2003).
Control over teachers’ lives extends to private teachers as well. In Pa’an, the capital of Karen State, a teacher reported that local authorities had warned private tuition teachers not to participate in political activities. Those who did not comply were subject to having their teaching licenses revoked. The move was seen by some as an indirect attempt to pressure elected NLD MP Daw Nan Khin Htway Myint, who is also a private teacher, to cease her involvement in politics. In previous years, restrictions on teachers’ political involvement were primarily limited to civil servants. (Source: 2004 Education Report, ABFSU, February 2005).
In 2005, students’ lives and political activities were also strictly controlled. Student unions are illegal and anyone participating in a student union is considered a criminal. Student union activists have often been arrested on unsubstantiated charges and student rights defenders have also been imprisoned and tortured. Meanwhile many students continue to be forced to participate in junta-sponsored groups such as the USDA and the local women's affairs committees. In some areas, local authorities forced female students to wear the uniforms of the women affairs committee to school. Junta organized rallies were also held, with students and teachers both being forced to attend, often with the promise of better jobs or higher grades for their participation. (Source: 2004 Education Report, ABFSU, February 2005)
In the past, universities were a site of active resistance to the military regime. As a result, the regime has become particularly sensitive to potential student uprisings and responds quickly to the slightest suggestion of impending campus protests. In 2005, the regime tightened security and restrictions in Rangoon University after a peacock appeared on the main campus on 9 March viewing the bird’s presence as an auspicious sign. In October, the regime again feared protests after posters of the “fighting peacock,” with a caption which read “the fighting peacocks are back,” were found on doors and walls inside Dagon University campus. (Sources: “Underground Literature Spreading in Rangoon Campuses,” DVB, 20 October 2005; “Pictures of Burmese Peacocks in Dagon University in Rangoon,” DVB, 20 October 2005).
The regime has also made efforts to limit student activities by moving university campuses to remote locations. In November 2005, it was reported that the Agriculture, Forestry and Veterinary Universities in Pyinmana, Mandalay Division were relocated to Kyaukse, Pyin Oo Lwin and Mhaw Bi respectively. The relocation can, in part, be attributed to the junta’s desire to remove students from the area of the new capital. The relocation to remote areas also serves to isolate students from each other and inhibit collaborative activities. (Source: 2004 Education Report, ABFSU, February 2005; “Junta Gears Up to Shift to Pyinmana,” Mizzima, 3 November 2005). (For additional information please see the Chapter 9 Rights to Education and Health).
Freedom of speech and expression is not condoned by the SPDC and any dissent is quickly crushed by authorities. Consequently, public protests against the military regime's authority or policies have become increasingly rare. Those who dare to express criticism can face several years of imprisonment under national security laws. Throughout 2005, the regime continued to suppress all forms of expression deemed to undermine the authority of the military regime. Any discussion about the May bombings in Rangoon or subsequent investigations into the bombings was strictly forbidden as were any sort of political demonstrations. The movement and expression of delegates at the NC was also kept under tight control.
The junta prevents those who have suffered human rights violations at the hands of the military from speaking out about their cases, seeking legal redress or accessing international mechanisms of complaint. The authorities often intimidate, pressure, and harass victims to prevent news of human rights violations in the country from spreading to exiled media groups or the international community. For example, in June 2005, SPDC soldiers committed severe human rights abuses during a raid in which they surrounded and cut off access to Ta Hku Hkee village in Irrawaddy Division. Authorities arrested and detained 17 ethnic Karen villagers on suspicions of being involved in the 7 May bombings in Rangoon and hiding weapons for the KNU. One villager, Saw Stanford, died in interrogation as a result of torture. No evidence was found in the village and the surviving 16 villagers were released after a lengthy period of detention. Those released were warned not to reveal any details of their incarceration to anyone. In another incident in July 2005, a woman raped by a SPDC captain in Mon State was pressured by soldiers not to report her case to authorities or to seek legal redress. Similarly, in August 2005, five villagers in Karen State who had been subject to forced labor were forced to sign a document prepared by military authorities declaring that the battalion had not committed any human rights abuses in the area. Furthermore, in October 2005, lawyer Aye Myint was detained for providing information concerning the confiscation of villagers' farmlands to the ILO. (Sources: “Army Not Involved in Human Rights Violations, Forced Headman to Sign,” IMNA, 23 August 2005; “Aye Myint Innocent, Testify Burmese Authorities,” DVB, 11 October 2005; “Rangoon Bombing Suspects Released,” Irrawaddy, 26 August 2005).
On 7 January 2005, police arrested Joseph Moynahan, age 81, after he staged a one-man protest against the junta in downtown Rangoon. Mr. Moynahan reportedly carried a sign which read: “Buddha says, ‘Quality of sidewalk and quality of government is same thing.’” Mr. Moynahan stated that he was knocked to the ground and taken to a police station where he was questioned for three hours. He was then locked in his hotel room overnight before being put on a flight to Bangkok. (Sources: “Foreigner Detained for Protesting in Rangoon,” AP, 9 January 2005; Malcolm Foster, “Rangoon Expelled American Solo Protestor,” Irrawaddy, 12 January 2005).
In early January 2005 it was reported that a 70-year-old man from Khayan Township, Rangoon Division was arrested by the district control police officer Maung Maung Naing and detained for six hours for possessing and reading an educational leaflet on the prevention of HIV/AIDS. The man was accused of possessing an “illegal” leaflet and on release was told not to leave his home for two days. (Source: “Burmese Authorities Arrested a Man for Keeping HIV/AIDS Prevention Leaflet,” DVB, 9 January 2005).
In February 2005, the trial of Saw Pan Koo, who was charged with distributing United Nations Development Program (UNDP) leaflets that contained the Universal Declaration of Human Rights, was concluded. Saw Pan Koo, along with 13 other NLD members from Bogale Township, Irrawaddy Division, was arrested on 6 December 2004 and charged with conspiring to celebrate National Day. Despite human rights being part of the official school curriculum and the leaflets being readily available at the UNDP information center, Saw Pan Koo was singled out and separately charged for distributing the leaflets. The charges were later dropped on 22 February 2005. (Source: “Bogale NLD Members Released by a Burmese Court,” DVB, 22 February 2005).
On 6 July 2005, Dr. Win Aung, NLD chairman of Kin-U Township, Sagaing Division, and two sympathizers, Soe Win and Khin Maung Win, were arrested at Dr. Win Aung's home while watching videotaped speeches of Daw Aung San Suu Kyi. The three men were charged with distributing the videotape and prosecuted under the Video and Print Act. Three days later, Dr Win Aung and Soe Win were sentenced to 10 years imprisonment while Khin Maung Win received a 3 year jail term. (Source: “Three Receive Prison Terms for Watching Suu Kyi Tape,” Irrawaddy, 11 July 2005).
Writers, poets, filmmakers, actors, musicians, painters and other artists in Burma are subjected to numerous restrictions that seriously inhibit their freedom of expression. The heavy censorship by the PSRD confines artistic expression to approved topics. The censorship board ensures that nothing produced in Burma or imported from outside is or can be interpreted as “anti-military” or “Western-influenced.” Meanwhile, the SPDC attempts to influence artists to advance pro-regime propaganda and produce pro-regime works through incentives such as grants, large subsidies, awards, luxuries and opportunities. For instance, in October 2005, filmmaker Myo Thandar Htun, who won the “Young Producer Award” in Rangoon for her screenplay “Ta Cho Ah Sin Hla Ta Cho Ah Sin Ma Hla” (Some People are Good Looking but Some Are Bad Looking), was invited to a filmmakers' workshop in Bangkok as part of Thailand's 3rd World Film Festival. It was reported that Myo Thandar Htun was warned by Brig. Gen. Kyaw Hsan that it was the “duty of all Burmese art– whether it be literature, music, dance or film– to conclude with the message that nationalism, patriotism, and the union spirit will be preserved by the leadership of the SPDC.” (Source: “Burma's Hollywood Dream,” Irrawaddy, November 2005). Artists who fail to fall in line with regime policy are isolated and unable to get their work published, distributed, or displayed. Many well known writers and artists are currently living in exile due to the content of their artistic expression.
The junta tightly censors film projects in Burma. Filmmakers are required to submit their scripts as well as completed films to the PSRD. The censorship boards are notoriously sensitive about what might be interpreted as “anti-regime.” Physical intimacy between lovers as well as anything deemed too “Western” is typically censored. Filmmakers in Burma are restricted in how much film they can buy. They are also required to occasionally produce junta propaganda films. Actors who work in pro-regime propaganda films often receive benefits and recognition from the junta. Some propaganda actors have been awarded the Burmese Academy Award. These actors have also been pictured on posters and TV specials that promote the army. Young female actors dressed in military uniforms have been featured on calendars stating, “We’re with you!”
In February 2005, the junta banned all foreign films in Burma, including cartoons and nature documentaries. The ban applied to the sale and distribution of foreign feature films on videotape, DVD and VCD. The ban was reportedly aimed at preventing the “corruption” of Burma's youth through uncensored foreign films. According to a video rental shop owner, sales dropped 75 percent after the ban took affect. Video rental shops were left with only a limited number of local films, which reportedly sold at twice the price of cheap pirated foreign films imported from China. (Source: “With Foreign Films Banned, Myanmar Moviemakers Bring Back Ghost Stories,” AFP, 19 July 2005). In March, police launched a national crackdown on the sale of illegal foreign films, particularly pornographic films (source: “Myanmar Launches Crackdown on Porn Movies to Stop Rape,” AFP, 13 March 2005). In response to the ban, filmmakers successfully lobbied the censorship board to lift a 30 year ban on the making and screening of Burmese ghost films. The ban was put in place as part of an “education” campaign designed to rid people of superstitions.
Television is similarly subject to restrictions by the junta. The two state-run television stations in Burma are known for their overt endorsement of the military regime and most of the programming is dedicated to showing the “achievements” of the military. There are a limited number of Chinese and Korean TV programs that make their way onto the air. In 2005, China Central television (CCTV), Cable News Network (CNN) and the Japanese Broadcasting Corporation (NHK) provided TV Myanmar with satellite news. In September 2005, Deutsche Welle, a German company, also agreed to allow TV Myanmar to screen their satellite programs as part of a program exchange between the two countries. As part of the agreement, Deutsche Welle reportedly negotiated a clause allowing the company to terminate transmission rights if broadcasts were “manipulated.” (Sources: “Myanmar to Add More TV Relay Stations,” Xinhua, 20 September 2005; “German TV Broadcaster Signs Deal in Rangoon,” Irrawaddy, 12 September 2005).
On 28 May 2005, the DVB bypassed the censors and launched a Burmese language satellite television service inside Burma. The service broadcasts on Saturdays between 8:00 pm and 9:00 pm and on Sunday's from 12:00 pm until 2:00 pm providing coverage of Burma related news and information concerning the pro-democracy movement. News items covered in the first program included the May bombings in Rangoon, migrants from Burma living in Thailand and a documentary on the opposition movement entitled “A Force More Powerful.” (Sources: “Opposition Radio to Launch a TV Program,” Irrawaddy, 27 May 2005; “Overcoming a TV Channel's Teething Problems,” Irrawaddy, 3 June 2005). The regime has condemned the broadcast and has reportedly tried to block transmissions. On 22 August 2005, the authorities in Bassein, outside Rangoon, cut the electricity supply in the area when the DVB program aired. (Sources: “Overcoming a TV Channel's Teething Problems,” Irrawaddy, 3 June 2005; “Burmese TV Broadcasts from Norway,” BBC News, 22 August 2005; “TV Channel in Norway Defies the Bad Generals,” AFP, 16 December 2005).
Musicians face many difficulties in finding ways to express themselves through their music in Burma. The economic situation has made music an inaccessible occupation as instruments and music lessons are prohibitively expensive for all but the wealthy military and business elite and performance venues are hard to find. Music lyrics are subject to the same censorship as other writings. In addition, the musical style itself is also censored. While rock music and other western influenced styles, such as rap, are becoming more common in Burma, the lyrics are translated and changed to be innocuous to the regime and “national culture.” Some bands have attempted to bypass the censors by launching their music on the Internet. In August 2005 it was reported that acts such as “Offkeys,” “Neo Deadz,” and “Purple Duck” posted their music on <www.myanmar-xbands.com>. As of the end of 2005, the site remained active. Furthermore, the regime continues to monitor dress styles and hairstyles of musicians and forbids them from dancing during performances. The regime provides incentives to musicians that sing pro-military songs and perform at junta-sponsored events. Those who refuse risk having their music banned from production.
Painters, photographers, sculptures and other visual artists are all subject to military scrutiny. As visual art played an important role in the 1988 uprisings, the regime has taken efforts to put an end to art deemed “revolutionary.” After the military re-established 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 costly private tutelage or at the Cultural University (CU), a military institute in Rangoon. The CU only accepts 100-150 students per year and all students are required to be USDA members. The students have been guaranteed positions in the regime by the Minister of Culture if they refrain from participating in student strikes and protests. Meanwhile, students of music and the dramatic arts are prohibited from studying international music and western plays at CU. The professors and lecturers of the university are academics from the elite military society. Therefore, many visual artists rely on self-study and assistance from art books, which are scarce and expensive in Burma.
Art exhibitions are strictly censored in Burma. Exhibitions are usually only held in small, private galleries in Rangoon and Mandalay. Art pieces must be approved by the Ministry of Information prior to exhibition. Nonetheless, it is not uncommon for exhibitions to be closed down altogether. As modern art is more open to interpretation than traditional forms of art, according to one journalist, “people here (in Burma) believe that modern forms of art are attacked by the censorship board whether they understand it or not.” (Source: “Performance Artists Arrested in Rangoon," Irrawaddy, 12 May 2005).
The performing arts in Burma are also strictly regulated by the regime. Although the SPDC has promoted dance as part of its campaign to retain “national culture,” dancers are limited to performing in junta-sponsored events and venues. Comedy also suffers under military scrutiny. Comedians are often threatened, interrogated, and sometimes imprisoned even for telling innocuous jokes. Other forms of performance arts, such as street performances, are also strictly controlled. On 6 May 2005, three street artists, Chaw Ei Thein, a leading female artist, Htein Lin, an experimental artist considered a performing art pioneer, and a third unidentified artist were arrested on suspicion that their work was politically motivated. The artists reportedly performed a piece that included setting up a stall and selling traditional medicine priced according to an obsolete monetary system. The three artists were held for investigation and released four days later with a warning not to perform such material again. (Source: “Performance Artists Arrested in Rangoon,” Irrawaddy, 12 May 2005).
Of Burma's population of 52 million, there are only 397,000 telephone subscriptions in the country. Over 6,000 villages have no direct phone lines. Despite estimates that mobile phone usage throughout Asia will top one billion by 2006, there were reportedly not more than 150,000 mobile phone users in Burma in 2005. The official price of a GSM mobile phone was 1 million kyat (approximately US$1,100) while black market prices reached US$2,000. Furthermore, applying for a mobile phone connection from the MPT takes years to process. As Burma's annual per capita income is US$ 225, mobile phones remain accessible only to the military elite and wealthy businessmen. (Sources: “Burma ‘Where Mobile Phones are Still a Status Symbol!’” Mizzima, 2 August 2005; “Burma Tycoon Takes Over Mobile Contract,” Irrawaddy, 29 April 2005).
Throughout 2005, the junta maintained heavy control of all electronic communication equipment through the use of licensing and rationing policies. The possession of unregistered equipment such as telephones, fax machines, or modems was punishable under the 1996 Computer Science Development Law with a prison sentence of 7 to 15 years and a fine. In October 2005, it was reported that Chit Swe of Ba Gu Nar and Ali Amad of Phwe Poa in Maungdaw Township, Arakan State were jailed for illegally possessing and using a mobile phone connected to the City Cell Mobile Network in neighboring Bangladesh (source: “Imprisonment– The Price of Using Cell Phones in Western Burma,” Narinjara News, 18 October 2005).
SPDC intelligence agents also regularly screened telephone calls to limit communications between the general population and political opposition groups including those operating outside the country. In October 2005, it was reported that the intelligence increased the monitoring of overseas calls in Sittwe, the capital of Arakan State, following increased media coverage of the activities of the opposition movement and violations of human rights by the junta in Arakan State. Citizens in Rangoon also suspected that their calls were being screened by the authorities, particularly on weekends when people overseas are available to call relatives and friends in Burma. (Source: “Military Junta Taps Overseas Conversations of Akyab People,” Narinjara News, 24 October 2005).
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Burma was included as one of 15 countries identified by RSF as “Enemies of the Internet” in 2005. The prohibitive costs associated with home Internet connections, strict surveillance of Internet cafe users and systematic censorship of web-based e-mail and opposition sites earned Burma a place as one of the “very worst enemies of Internet freedom.” (Source: “Burma is One of the 15 Enemies of the Internet,” RSF, 17 November 2005).
Until this year, there were two Internet Service Providers (ISP) in Burma: the MPT and Bagan Cybertech (BC). In 2005, BC was absorbed by MPT following the ouster of Gen. Khin Nyunt from the post of Prime Minister in October 2004. The company had been thriving under the direction of Khin Nyunt’s son, CEO Ye Naing Win. However, Ye Naing Win was among hundreds arrested following the removal of Gen. Khin Nyunt. In July 2005, he was sentenced to 50 years imprisonment on charges of bribery and corruption (sources: “Myanmar Buys Some Time,” Asia Times, 26 July 2005; “Internet Censorship in Burma Worsening,” Irrawaddy, 12 October 2005). Following Ye Naing Win's arrest, the junta assumed full control of BC. In June, the company announced that as of 1 July monthly broadband fees would double to US$35 and that the creation of new accounts was suspended indefinitely. In September 2005, it was reported that BC had been fully taken over by the MPT. It was also reported that the price of a single Internet connection was expected to rise under the new management of the MPT. (Sources: “Bagan Cybertech Reported to be Taken Over by MPT in Burma,” Mizzima, 26 September 2005; Internet Filtering in Burma in 2005: A Country Study, OpenNet Initiative, October 2005).
Since the official introduction of the Internet in January 2000, the Internet has remained largely inaccessible by the general population and the cost of establishing an Internet connection in Burma has remained prohibitively high. Altogether there are only approximately 30,000 Internet subscribers in Burma, placing Burma's Internet penetration at only 0.6 percent of the population. MPT broadband connections, which include ADSL, are limited to SPDC institutions. When BC existed as a separate entity, the cost of establishing a broadband connection through BC cost US$1,300. As a result of the high costs of broadband, most home internet subscribers use a dial-up connection. Fifteen hours of dial-up connection costs approximately US$9 and those outside Rangoon and Mandalay must also pay long distance fees to connect to the service. Furthermore, a dial-up connection only affords access to the Myanmar Intranet, which is limited to mostly junta-sponsored websites and state-run e-mail services. To access the world-wide-web, people must rely on Internet cafes. One hour of Internet time in an Internet café costs approximately 1,000 kyat. The costs associated with access to the Internet in Burma puts the Internet out of reach for most of the population, who make an average annual per capita income of US$225. (Sources: Internet Filtering in Burma in 2005: A Country Study, OpenNet Initiative, October 2005; “Number of Internet Users in Myanmar Rising,” Xinhua, 21 July 2005; “IT in Burma,” DVB, 3 January 2005).
Internet usage in Internet cafes is subject to heavy monitoring by the regime. Internet cafes first opened in March 2003. Currently there are an estimated 20 in Rangoon and Mandalay. Internet cafes operate under a license granted from the Myanmar Information Communications and Technology Development Corporation (MICTDC). Users must register their name, identification number and contact address before accessing the Internet. Under license regulations, Internet cafe owners are required to take screenshots of user activity every five minutes. A CD of the screenshots is sent to the MICTDC regularly for monitoring. While it has been reported that MICTDC only requests these CDs intermittently, such surveillance techniques prompt users to self-sensor their Internet activity. (Source: Internet Filtering in Burma in 2005: A Country Study, OpenNet Initiative, October 2005). Internet cafes suspected by the authorities as being used by dissidents to send information outside the country are also subject to raids. In early November 2005 it was reported that the SPDC raided an Internet cafe owned by a NC delegate from Mon State, U Soe Myint. Police suspected that the Internet cafe was being used to funnel information to radio stations outside the country. (Source: “Police Cracks Down on NC Representative's Internet Cafe,” IMNA, 8 November 2005).
The regime uses sophisticated software to filter and block users' access to information on the Internet. According to a study conducted between April and June 2005 by OpenNet Initiative, a collaboration between Harvard University, the University of Toronto and Cambridge University, titled “Internet Filtering in Burma in 2005: A Country Study,” SPDC censorship tactics are among the most extensive in the world. The study found that the regime’s censoring is motivated by its desire to “monitor e-mail communication by its citizens and control political dissent and opposition movements.” The study found that 84 percent of sites containing content known to be sensitive to the junta, such as political and ethnic opposition sites, human rights and pro-democracy organization sites were blocked. Web-based e-mail service providers, which offer the opportunity for global online communication, were also almost entirely blocked with 85 percent of sites tested being filtered. Other sites tested and found to be blocked included pornographic sites (65 percent), group websites (18 percent) and free web space sites (18 percent). The study concluded that compared to other countries, “Burma’s authoritarian laws and political system are replicated in its system of Internet control, making it one of the world’s most repressive regimes in terms of controlling and monitoring activity on the Internet.” (Source: Internet Filtering in Burma in 2005: A Country Study, OpenNet Initiative, October 2005).
In 2005, there were credible reports that Burma had shifted from DansGuardian filtering software to Fortiguard software produced by the U.S. Fortinet company, a charge denied by the company. The change in software technology sparked fear among observers that Burma's system of Internet control may worsen. It was also reported in October 2005 that two British men were hired by BC to provide technical skills to further censor and filter information on the Internet and monitor e-mail communication. (Sources: Internet Filtering in Burma in 2005: A Country Study, OpenNet Initiative, October 2005; “Internet Censorship in Burma Worsening,” Irrawaddy, 12 October 2005; “Two Britons Alleged to be Aiding Burma Internet Censors,” Mizzima, 13 October).
There are several laws in Burma that regulate computer ownership, Internet access and Internet usage. In 2000, the MPT issued a set of web regulations to govern Internet content. These regulations ban any online material considered to be harmful to the country's interests and any message that directly or indirectly jeopardizes regime policies or state security secrets. All writing related to politics is banned and users are to inform the MPT of any threat to the regime on the Internet. Internet users are required to obtain prior permission before creating Web pages. Transgression of any of these regulations results in the termination of Internet use and legal action. Legal action can be bought against an Internet user under a range of pre-existing laws that regulate expression, including the Printers and Publishers Act, the Computer Science and Development Law, the Electronic Transactions Law and the Official Secrets Act of 1923. Under each of these laws, a user can be punished with a lengthy prison sentence and a fine. (Sources: Internet Filtering in Burma in 2005: A Country Study, OpenNet Initiative, October 2005).
While restricting web-based material, the junta has begun to use the internet to advance its own propaganda and agenda. In December 2005, it was reported that the junta had launched a spam campaign against the report “Threat to the Peace: A Call for the UN Security Council to Act in Burma.” In October 2005, a month following the publication of the report, the Minister of Science and Technology, U Thaung, ordered thousands of students and teachers from computer and technology universities in the country to send e-mails to international governments and media groups refuting the report. (Source: “Students, Teachers Forced to Launch Spam Campaign,” South China Morning Post, 3 December 2005).
Despite junta imposed regulations and controls on Internet access, the regime has been concurrently developing and implementing information and technology (IT) initiatives. In October 2000, ASEAN member countries reached the e-ASEAN Framework Agreement (AFA), which aimed at narrowing the IT gap among ASEAN members. Under the agreement, Burma has been receiving training assistance from ASEAN to boost its IT capacity. In 2002 and August 2003, Burma opened Information and Communication Technology (ICT) Parks in Rangoon and Mandalay to boost Burma's software industry. In January 2005, the ICT Park in Rangoon hosted its fourth week-long Computer Fair, during which BC was permitted to establish new e-mail accounts despite the year long suspension (source: “Reading the Cybertech Signposts,” Irrawaddy, 25 March 2005). Furthermore, Burma has established the e-National Task Force (NTF) to support IT development in the country. The Electronic Transaction Law enacted in April 2004 set the framework to establish e-government projects, including e-passports, e-visa, e-procurement, e-certification authority and trade-data interchange (source: “Myanmar Enacts Electronic Transaction Law,” Xinhua, 1 May 2004). These developments, however, have achieved little with regard to IT access for the people of Burma. Without basic access to the Internet, it is unlikely that such IT developments will provide any benefit for the people of Burma.
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