Over 1,100 political prisoners were arrested or remained imprisoned. They included hundreds of prisoners of conscience, held for peaceful political opposition activities. At least 250 political prisoners were released. The army continued to commit serious human rights violations, including forced labour, against ethnic minority civilians during counter-insurgency activities. The International Labour Organization (ILO), other UN agencies and international aid organizations faced increasing restrictions on their ability to assist vulnerable populations.

Background

The National Convention, reconvened in 2004 by the ruling State Peace and Development Council (SPDC) to draft a constitution, met in February and December. The National League for Democracy (NLD) and several other political parties did not participate, although some ceasefire groups did. The SPDC selected all the delegates, whose freedom of movement and speech were restricted.

The Karen National Union (KNU), an armed opposition group, and the government failed to agree a ceasefire amid continued fighting in the Kayin State. Conflict persisted between the Shan State Army-South (SSA-South) and government forces in the Shan State. The SPDC demanded that some armed groups in the state, which had agreed ceasefires, give up their weapons. Other smaller, ethnically based armed opposition groups continued to engage SPDC forces in the Chin and Kayah States.

All NLD offices except its headquarters in Yangon, the capital, remained officially closed on SPDC orders.

In May bombs in Yangon killed an unknown number of people.

Political imprisonment

Over 1,100 people arrested for political reasons remained in prison. The NLD and other opposition political parties faced severe restrictions, harassment and intimidation.

  • Daw Aung San Suu Kyi, NLD General Secretary, and U Tin Oo, NLD Vice Chairman, remained under house arrest and incommunicado.

Following arrest, political prisoners were denied access to relatives and in some cases their lawyers.

  • In February, U Khun Htun Oo, a member of parliament (MP)-elect from the Shan Nationalities League for Democracy, and other Shan political representatives were arrested, reportedly because of their discussions about the National Convention. In November, they were sentenced in a secret trial to between 70 and 106 years' imprisonment for treason. Some had been denied access to their families since their arrest. One of the group, 82-year-old U Shwe Ohn, was held under house arrest.

Often lengthy prison sentences were imposed on scores of individuals convicted in political trials, including for the possession of published materials that had been authorized by the state censor, or on trumped-up criminal charges.

  • Three NLD MPs-elect, U Kyaw San, U Kyaw Khin and U Saw Hlaing, arrested in February and March, were sentenced to seven, 14 and 12-year prison terms respectively – U Saw Hlaing for distributing political leaflets. U Kyaw Khin and U Kyaw San had been released in late 2004 and early 2005 from earlier prison sentences.
  • U Kyaw Min, a National Democratic Party for Human Rights MP-elect and member of the Committee to Convene People's Parliament, was sentenced to 47 years' imprisonment, and his wife, son and two daughters to 17 years' imprisonment, reportedly for living in Yangon without official permission.
  • NLD local officials and members were sentenced to prison terms of up to 10 years for possessing political leaflets and a video of Daw Aung San Suu Kyi visiting party members.
  • U Sao Oo Kya, a Shan political representative related to U Khun Htun Oo, was arrested in August and sentenced to 13 years' imprisonment for reportedly infringing tour guide regulations.

Individuals who took action to end forced labour were imprisoned for their legitimate activities.

  • U Aye Myint, a lawyer, was released from prison in January after serving a sentence imposed in part for contacting the ILO about forced labour. He was re-arrested in September and sentenced to seven years' imprisonment in October under legislation penalizing the circulation of false information. He had helped farmers lodge an official complaint to the ILO about land confiscations by the local authorities.

Releases

Some 50 political prisoners were released in January and more than 200 in July.

  • Those released included Dr Khin Zaw Win, a dentist and NLD member arrested in 1994; Sein Hla Oo, an NLD MP-elect arrested in 1994; and Ohn Kyaing, journalist and NLD MP-elect arrested in 1990.
  • At least seven prisoners, who were held under administrative detention laws after their sentences expired, were released. Among them were student leaders Ko Ko Gyi and Zaw Min, arrested in 1991, and Democracy Party leaders U Htwe Myint and U Thu Wai.

Torture and ill-treatment

Reports of torture in pre-trial detention and prisons persisted.

  • An unknown number of former Military Intelligence personnel, some of whom were reportedly tortured during interrogation, received lengthy terms of imprisonment following their convictions on corruption and other charges during the year. They had been detained after Prime Minister General Khin Nyunt was deposed and arrested in October 2004. He was reportedly sentenced for corruption in July to 44 years' imprisonment. The sentence was suspended but he was restricted under house arrest.
  • Prisoners who took part in a hunger strike over conditions in Insein Prison in May were reportedly beaten and held in cells designed for military dogs.

Prison conditions remained harsh and political prisoners were denied proper medical treatment.

  • Four political prisoners reportedly died in custody, including Ko Aung Hlaing Win, an NLD Youth Wing member. It was feared that torture or inadequate health care might have contributed to some of the deaths.
  • U Win Tin, a journalist and NLD leader arrested in 1989, was one of three prisoners of conscience who remained imprisoned despite serious multiple health problems. In January and February respectively, detention orders were extended by a year on Dr Than Nyein and Dr May Win Myint, NLD MPs-elect arrested in 1997, sentenced to prison terms, and held under administrative detention orders after completing their sentences in 2004.

Ethnic minorities

Members of ethnic minorities, including the Karen, Mon, Shan and Rohingya, continued to be subjected to forced labour and other violations at the hands of the military, especially in counter-insurgency areas in the Mon, Shan, Kayah and Kayin States, and in Bago and Tanintharyi Divisions. Hundreds of thousands of civilians in these areas were still displaced from their homes, mostly because of counter-insurgency activities. They were generally cut off from international aid organizations and UN agencies, restricting their access to health care and food. Several thousand civilians in northern Kayin State and eastern Bago Division were reportedly displaced as a result of SPDC efforts to break up imputed links with the KNU. Government troops continued land confiscations, extortion and restrictions on freedom of movement in the Shan State, and abducted civilians for portering and other forced labour in the Mon State. The Rohingyas, a Muslim ethnic minority in Rakhine State, were increasingly forced to do sentry duty and to maintain roads, military camps and farms.

International developments

In July the SPDC announced that it would postpone taking up the chair of the Association of Southeast Asian Nations (ASEAN), planned for July 2006, amid widespread reports that other ASEAN member states had urged a delay. The USA and the European Union renewed sanctions against Myanmar. The UN Commission on Human Rights adopted a resolution in April, expressing grave concern at "ongoing systematic violations of human rights" and renewing the mandate of the Special Rapporteur on Myanmar. In November the UN General Assembly adopted a similar resolution. The Special Rapporteur and the UN Secretary-General's Special Envoy continued to be denied access to the country by the SPDC. The UN Security Council held a closed session to discuss the situation in December.

In February senior ILO officials visited Myanmar but were not permitted to meet Senior General Than Shwe. In June the Committee on the Application of Standards of the International Labour Conference meeting recalled its 2000 resolution instructing all members and international organizations to ensure that their relations with the SPDC did not promote forced labour, foreign direct investment, or relations with state or military-owned enterprises. Mass rallies organized by SPDC-supported groups in mid-year called for the SPDC to withdraw from the ILO. In October the ILO reported the SPDC's stated intention to withdraw from the ILO, and the 21 death threats received by its Liaison Officer in Yangon. In November the ILO Governing Body expressed grave concern about the degradation of the situation in Myanmar.

In August the World Food Programme reported that about 40 per cent of children were malnourished, despite Myanmar's rich resources. The SPDC imposed increased restrictions on the activities and access to vulnerable populations of UN and international aid organizations, including the UN High Commissioner for Refugees, the UN Development Programme and the ILO. In August the Global Fund to Fight AIDS, Tuberculosis and Malaria announced that it would withdraw its programme by the end of 2005 partly because of these difficulties.

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