Covering events from January-December 2001

Union of Myanmar
Head of state and government: General Than Shwe
Capital: Yangon
Population: 48.4 million
Official language: Burmese
Death penalty: retentionist

In January the Special Envoy of the UN Secretary-General for Myanmar announced that a confidential dialogue had been taking place since October 2000 between the ruling State Peace and Development Council (SPDC) and Daw Aung San Suu Kyi, leader of the opposition National League for Democracy (NLD). The dialogue was believed to have continued for most of 2001. However, Aung San Suu Kyi remained under de facto house arrest, although international delegations were permitted to visit her. Some 1,600 political prisoners arrested in previous years remained in prison. Almost 220 people were released. Three people were sentenced to death for drug trafficking. Extrajudicial executions and forced labour continued to be reported in the ethnic minority states, particularly Shan and Kayin states.

Background

As in previous years, the army continued to engage in skirmishes with the Karen National Union, the Karenni National Progressive Party, and the Shan State Army-South (SSA-South). Small numbers of combatants in two Mon armed groups also engaged in skirmishes with the SPDC. Sixteen cease-fire agreements negotiated in previous years between the SPDC and various ethnic minority armed opposition groups were maintained.

The International Labour Organisation (ILO) High Level Team visited the country in September and October and the newly appointed UN Special Rapporteur on Myanmar visited in April and October.

Political developments

In February General Tin Oo, a senior SPDC leader, was killed in a helicopter crash. His post of SPDC Secretary II remained vacant at the end of the year. In November, seven ministers were removed from their posts, some of them reportedly for corruption. Ten of the 12 regional military commanders were removed from their positions.

The contents of the dialogue between the SPDC and Aung San Suu Kyi were not revealed but were believed to remain at the confidence-building stage rather than focusing on future political arrangements. Ethnic minorities were not included in the talks as both sides stated that the time was not right for a trilateral dialogue. The frequent attacks in the government-controlled media on Aung San Suu Kyi's character and on the NLD in general ceased. The NLD generally refrained from public statements critical of the government. In August the NLD publicly called for the release of Aung San Suu Kyi and all other political prisoners. Some NLD township offices in Yangon and Mandalay Divisions were allowed to reopen.

Political imprisonment

  • U Shwe Saw Oo, U Tha Tun Aye, both lawyers and U Khin Maung Gyce, a trader, were allegedly arrested in March and beaten before being sent to Sittwe Prison, Rakhine state. The three, all members of the Arakan League for Democracy, an opposition political party, were detained awaiting trial at the end of the year.
  • Pastor Gracey, an ethnic Chin Baptist minister, was arrested in February and sentenced in July to two years' hard labour after being convicted of passing information to the Chin National Front, an armed opposition group. She was transferred later the same month to a prison camp in Sagaing Division, amid concerns about her health.
Some 1,600 political prisoners, including hundreds of members of the NLD and other political parties, were held during 2001. Among those who remained imprisoned were U Win Htein, chief aide to Aung San Suu Kyi; U Win Tin, founding NLD leader; and Paw U Tun alias Min Ko Naing, a prominent student leader. At least 52 prisoners, including Paw U Tun, remained imprisoned after completing their sentences. At least 150 student activists remained in jail. Seventeen NLD members of parliament-elect remained in prison.
  • Saw Naing Naing, an NLD member of parliament-elect who had been rearrested and sentenced to 21 years' imprisonment in 2000 in connection with an NLD statement calling for the lifting of restrictions on the party, remained in prison at the end of 2001.
  • U Aye Tha Aung, a prisoner of conscience and leader of the Arakan League for Democracy, sentenced to 21 years' imprisonment in April 2000, remained in poor health.
  • Zaw Min, who had been arrested in July 1989, remained imprisoned in Mandalay Prison. He was reported to be suffering from severe mental health problems. Having already served his 10-year sentence, he continued to be held under the administrative detention provisions of the 1975 State Protection Law.
  • Prisoners of conscience Nai Ngwe Thein, Min Soe Lin, and Min Kyi Win, three leaders of the Mon National Democratic Front, an opposition political party, remained in prison. They had been arrested in September 1998 for their alleged support for an NLD call to convene parliament. Min Kyi Win and Min Soe Lin, who were sentenced to seven years' imprisonment, were held in Mawlamyaine Prison, Mon state. Nai Ngwe Thein, aged 76, was held in Insein Prison.
The majority of the people released during the year had completed their sentences or had been held without charge or trial. Scores of those released were people who had been detained in September 2000 at the Yangon train station when Aung San Suu Kyi, who was attempting to go to Mandalay, was placed under de facto house arrest. Thirty-nine members of parliament-elect who had been detained without charge or trial since September 1998 for attempting to meet in Yangon were released.

Among those released in July were: the writer Daw San San Nwe, who had been arrested in 1994 and sentenced to 10 years' imprisonment for having contact with foreigners; and comedians U Pa Pa Lay and U Lu Zaw, who had been arrested in 1996 and sentenced to seven years' imprisonment in connection with a comedy performance.

Prison conditions

Prison conditions were believed to have improved since the International Committee for the Red Cross (ICRC), began to visit prisons in 1999. However, concerns about overcrowding and medical care remained. In 1997 the SPDC reportedly issued 11 instructions about the treatment of prisoners which were also said to have resulted in some improvements, although the regulations were not publicly available. At least 64 political prisoners had died in custody since 1988.
  • Khin Maung Myint, an NLD youth leader, died of unknown causes in Kalay Prison in July. He had been arrested in 1997 and sentenced to eight years' imprisonment after attempting to organize a meeting with NLD youth activists and Aung San Suu Kyi. He had been in good health at the time of arrest.
Forced labour

The military continued to compel civilians to perform forced labour in the seven ethnic minority states. In Rakhine state, forced labour of Rohingyas, a Muslim ethnic minority group, continued in Maungdaw and Buthidaung townships, although there were reports of people being paid for their labour and of decreases in demands for forced labour in some areas. Forced labour also continued in some areas of the Kayin, Mon, and Shan states, and in the Tanintharyi Division in the east. The practice, which included carrying supplies for patrolling troops, and working on military farms and bases, was associated with the army's counter-insurgency activities against ethnic minority armed opposition groups in these regions. Prisoners convicted of criminal offences and sentenced to work in labour camps were also used as forced labour. Deaths from exhaustion and lack of medical care continued to be reported.
  • A member of the Mon ethnic minority from Chaung Pya, Yebyu township, Tanintharyi Division, was forced by Light Infantry Battalion 273 to carry 60mm mortar shells for five days until his escape in January. He was kicked in the back for walking too slowly.
Extrajudicial executions

Extrajudicial executions of ethnic minority civilians taking no active part in the hostilities continued to be reported, particularly in the context of the army's counter-insurgency activities, when civilians were punished for alleged contacts with armed opposition groups.
  • Sa Ti Ya, a 45-year-old Shan traditional healer and farmer, was taken from his house in Tun Hing, Murngnai township, Shan state, by SPDC Unit 99, and accused of being a member of the SSA-South. After being beaten he was reportedly shot in the back of the head twice and died instantly.
International initiatives

In April the UN Commission on Human Rights adopted by consensus its 10th resolution extending the mandate of the Special Rapporteur on Myanmar for another year. The resolution expressed concern about the high level of human rights violations, while welcoming some improvements. In November a similar resolution was adopted by consensus at the UN General Assembly.

In July the UN Economic and Social Council (ECOSOC) met and took note of ILO action on forced labour in Myanmar and requested that it be kept informed of future developments.

In November the ILO's High Level Team submitted its report to the ILO's Governing Body. The report concluded that forced labour of civilians was continuing, particularly near military camps, in spite of the SPDC's new decree, issued in October 2000 – SPDC Order Supplementing Order 1/99 – which reinforced the prohibition of forced labour by providing for punishments for both civilian and military authorities found responsible for the practice. The report acknowledged that progress had been made by the SPDC in halting the practice, but that in counter-insurgency areas it was an ongoing problem. The report recommended that there be a long-term ILO presence in the country to receive complaints about forced labour and to provide assistance to the government in eradicating the practice. The SPDC responded by stating that while they were ready to receive ILO visits, they were not in a position to accept a long-term presence.

In May the USA renewed limited economic sanctions against Myanmar. The European Union (EU) Common Position, which included the freezing of SPDC members' funds in EU countries, was renewed in April, and again in October when renewal was accompanied by a first package of modest but significant gestures in recognition of the slight improvement in the political situation. An EU troika visit took place in January.

The UN Special Envoy for Myanmar visited the country four times. He urged the SPDC to release political prisoners, with priority for members of parliament elected in the 1990 general elections but never allowed to take up office; the elderly; women; and those who had completed their sentences. The SPDC said that releases were being considered on a case-by-case basis.

Australia continued to sponsor a series of human rights training sessions for Myanmar government officials, including police and army personnel. The sessions took place in July, September and October.

AI country reports/visits

Reports
  • Myanmar: Min Ko Naing – student leader and prisoner of conscience (AI Index: ASA 16/001/2001)
  • Myanmar: U Win Tin – journalist and prisoner of conscience (AI Index: ASA 16/005/2001)
  • Myanmar: Prisoners of political repression (AI Index: ASA 16/006/2001)
  • Myanmar: Ethnic minorities – targets of repression (AI Index: ASA 16/014/2001)
  • Myanmar: Torture of ethnic minority women (AI Index: ASA 16/017/2001)

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