The International Community Must Support the People of Burma in Their Efforts to Exercise Their Rights

“We’re still on strike. We are fighting for our rights, because we want to be treated fairly” said a female worker representative from the Tai Yi shoe factory in Rangoon, on Wednesday. It has now been more than a week since nearly 2,000 workers went on strike because of the factory’s refusal to pay them for the five days they were prevented from working during Chinese New Year.

“We are being forced to get off our own land and the company is threatening legal action against us. So we have authorized someone to act on our behalf in filing a lawsuit against Khin Shwe” said Kyaw Sein, a farmer who lost 50 acres of land, talking to the Irrawaddy this week.

Farmers from Rangoon’s Mingaladon Township said that they will sue Khin Shwe, the chairman of Zay Kabar Company and a member of the Lower House of Parliament, for allegedly confiscating their farmland [...]

Union Day Highlights the Fundamental Need to Address the Political Aspirations of the Ethnic Nationalities

On 12 February 2012, Burma celebrated the 65th Union Day, a holiday that commemorates the signing of the Panglong agreement by Aung San, the leader of Burma’s independence movement, and representatives of the Chin, Shan and Kachin people. The agreement, which was never implemented, provided for the creation of a Federal Union, called for power sharing between the majority Burman and non-Burman ethnic nationalities, and granted the non-Burman ethnic nationalities autonomy in the administration of their territories.

On this historic occasion it is particularly important to ensure that political reforms in Burma live up to the aspirations of the non-Burman ethnic nationalities, including their desire to participate equally in public life. The Nationalities Brotherhood Forum, a five-party ethnic alliance which includes Chin, Karen, Mon, Rakhine and Shan representatives, noted in their Union Day statement that “[w]e are saddened by the continuing lack of equality and national democratic rights for the ethnic nationalities, despite the fact that Independence was collectively achieved for the Union of Burma through the spirit of Panglong.” [...]

Democracy Will Remain Illusory Unless Burma’s Oppressive Laws Are Repealed

This past week United Nations Special Rapporteur on the situation of human rights in Burma, Tomás Ojea Quintana, conducted a 6-day visit in the country to assess the human rights situation in light of recent developments. At the end of his visit, he delivered a statement in which, among other things, he underlines the necessity of further legislative reforms.

At the end of last year, the regime adopted the new Labor Organizations Law and the Peaceful Demonstration and Gathering Law. However, as noted by Quintana in the statement he delivered on Sunday, concerns remain about these laws [...]

Crucial Benchmarks Must Be Met Before Sanctions Fully Lifted

On 23 January, the Foreign Affairs Council of the European Union decided to lift the visa bans on Burma’s top government officials, including President Thein Sein, the vice-presidents, ministers and speakers of the two houses of Parliament. In its statement, the Council praised the recent reforms made by Thein Sein’s government while ignoring the serious issues that have not yet been addressed, including ongoing armed conflict and grave human rights abuses in ethnic nationality areas, continued detention of hundreds of political prisoners, and failure to make critical political, economic and legal reforms.

Contrary to the Council’s statement, Thein Sein’s government has not made enough effort to engage ethnic nationalities in the political process. While there have been ceasefires reached with some armed ethnic groups and initial steps taken towards agreements with the Karen National Union and Kachin Independence Organization, the government has not shown the willingness to address the underlying political issues of ethnic equality and self-determination. Furthermore, the Burma Army continues to deploy troops, engage in battle with the Kachin Independence Army and attack civilians fleeing from fighting, giving reasons to doubt the government’s sincerity in achieving peace [...]

Ceasefire and Political Dialogue, Highest Hurdles Ahead for Thein Sein’s Government

Thein Sein’s government has been applauded for some recent reforms, including last week’s release of 299 political prisoners. However, one of the biggest hurdles remaining for the regime will be dealing with the ongoing armed conflict in Eastern Burma and the political concerns of the country’s ethnic nationalities.

President Thein Sein has issued two separate orders to halt offensives against the Kachin Independence Army (KIA), the most recent of the two coming the day before the regime’s delegation led by Aung Thaung was set to meet with the Kachin Independence Organization (KIO). According to Minister of Immigration and Population, Khin Yi, this most recent order covered the entire country. However, the Burma Army continued launching attacks against the KIA, including on the second day of the ceasefire talks between the regime and the KIO, resulting in a premature end of the negotiations. The Burma Army’s ongoing attacks continue to raise serious questions about Thein Sein’s decision-making power within the regime [...]

Freedom of Expression and Opinion in Burma: Still a Long Way to Go

There have been a number of positive developments in Burma with respect to the freedom of expression and opinion over the course of 2011 including some reductions in the level of censorship of the press, the loosening of restrictions on access to the Internet, and the recent release of political prisoners. However, while the international community has been focused on these openings, hundreds more individuals remain in prison solely for expressing their opinions and numerous obstacles continue to make it difficult for journalists and ordinary citizens in Burma to exercise their rights to freedom of expression and opinion [...]

Release of Political Prisoners: One Step of Many Needed for Democracy in Burma

In its most substantive gesture to date, Thein Sein’s government released 651 prisoners on Friday 16 January. Among those released are ethnic leaders, leaders of the 88 Generation Student movement, and other prominent political prisoners. We applaud their release and recognize the importance of this step but further reforms are necessary in order for freedom and democracy to truly come to Burma.

The most crucial step that must be taken is the amendment or repeal of existing repressive laws, such as the Electronics Transactions Law, which subjects individuals to up to fifteen years in prison for the dissemination or receipt of information considered a threat to national tranquility, and the Unlawful Associations Act. Such repressive laws have long been used to imprison political opponents. As long as these laws remain on the books, the people of Burma will continue to risk arrest solely for expressing their opinion. This is something many of the recently released political prisoners know well, having been arrested, sentenced, released in an amnesty, and then subsequently rearrested multiple times. The concern that these political prisoners could be returned to prison should they seek to speak out against the government is of particular concern given that their release was based upon Article 401 of the Code of Criminal Procedure, which allows for prisoners’ sentences to be suspended or remitted, but not cancelled as in previous amnesties. This means that should they be rearrested they could be forced to serve the remainder of their original sentence [...]

Political Prisoner Release is a Significant Step, Thein Sein’s Government Must Take More

Burma Partnership welcomes the release of political prisoners today, in what has been one of the most significant moves made so far by President Thein Sein. This is a crucial step towards greater democracy in Burma and we hope that Thein Sein’s government will continue to make substantive changes [...]

Burma’s NHRC: An Empty Gesture (updated version)

The international community should not welcome the creation of Burma’s NHRC until it complies with the Paris Principles

On 5 September, Burma’s regime announced that it had established a National Human Rights Commission (NHRC) charged with promoting and safeguarding the fundamental rights of citizens in accordance with the 2008 Constitution.

While the creation of a NHRC could be seen as a positive step, it should be welcomed with skepticism [...]

2012: A Year for Cautious Optimism

At the end of 2011, looking back at some of the initial steps taken towards progress in the country, 2012 looked more promising with the hope that real progress and substantive change would be coming to Burma. Only one week into the New Year, to our surprise, disenchantment has already set in.

On 2 January, President Thein Sein signed a clemency order marking this week’s 64th anniversary of independence from British colonial rule. Under the order, death sentences were commuted to life imprisonment and prisoners serving more than 30 years had their sentences cut to 30 years. Those serving 20 to 30 years had their terms reduced to 20 years, while those with less than 20 years had their sentences cut by one-fourth. Under this clemency, 6,656 people who had already served the time of their reduced sentences were released. However, as reported by the Assistance Association for Political Prisoners – Burma (AAPP), at the end of the day on 3 January, only 34 political prisoners were freed. Those who have a critical role to play in the democratic transition and national reconciliation process will continue to remain behind bars for decades [...]