‘GOING BACK TO THE OLD WAYS’ A NEW GENERATION OF PRISONERS OF CONSCIENCE IN MYANMAR On 8 November 2015 Myanmar will hold widely anticipated general elections – the first since President Thein Sein and his quasi-civilian government came to power in 2011 after almost five decades of military rule. The elections take place against a backdrop of Under pressure from the international commu- much-touted political, economic, and social re- nity, in 2012 and 2013 President Thein Sein forms, which the government hopes will signal ordered mass prisoner releases which saw to the international community that progress is hundreds of prisoners of conscience freed after being made. years – and in some cases more than a decade – behind bars. These releases prompted cautious “As the election is getting near, most of the optimism that Myanmar was moving towards people who speak out are getting arrested. greater respect for freedom of expression. In I am very concerned. Many activists… are response, the international community began to facing lots of charges. This is a situation relax the pressure, believing that the authorities the government has created – they can pick could and would finally bring about meaningful up anyone they want, when they want.” and long-lasting human rights reforms. Human rights activist from Mandalay, “They [the authorities] have enough July 2015. laws, they can charge anyone with anything. At the same time, they want Yet for many in Myanmar’s vibrant civil society, to pretend that people have rights. But the picture isn’t as rosy as it is often portrayed. as soon as you make problems for them Since the start of 2014, the authorities have or their business they will arrest you.” increasingly stifled peaceful activism and dis- sent – tactics usually associated with the former Min Ko Naing, former prisoner of conscience and military government. Human rights defenders, member of the 88 Generation Peace and Open political activists and other members of civil Society, June 2015. society are facing an intensified clampdown on their rights to freedom of expression, association It was not to be. Without that sustained interna- and peaceful assembly. The result has been an tional pressure, and faced with a grow-ing and alarming increase in arrests and detentions of increasingly vocal civil society, the authorities those peacefully exercising these rights, creating have been quick to revert to their old ways. a new generation of prisoners of conscience in Repression has intensified as the elections have the country. drawn closer, and the authorities have in-creas- ingly resorted to a range of tactics to keep ac- “In 2012 and 2013 the situation tivists and campaigners off the streets. These seemed better and more flexible but include using draconian, vaguely-worded laws; in 2014 and 2015 people started charging peaceful activists with non-bailable being charged and jailed again.” offences so they are kept in pre-trial detention; and imposing longer prison sentences. Thet Thet Aung, a former prisoner of conscience, June 2015. Today scores of prisoners of conscience languish behind bars, while hundreds of others are facing “The authorities are targeting leading charges – and prison – simply for the peaceful activists, media people – in particular exercise of their rights. The jailing of these new people who could be doing election prisoners of conscience – student protesters, po- monitoring, people who are very litical activists, media workers and human rights active and will support campaigns defenders, in particular land and labour activ- for certain political parties.” ists – should raise some very urgent questions about the process of reform. The international Aung Myo Kyaw, a former prisoner of community must make a renewed call to the conscience and member of the Assistance Myanmar government to respect human rights, Association for Political Prisoners – Burma in particular the rights to freedom of expression, (AAPP-B), June 2015 association and peaceful assembly. Myanmar’s jails must be cleared of prisoners of conscience once and for all. WHAT IS A PRISONER OF CONSCIENCE? LEFT Amnesty International considers as a prisoner of conscience any person imprisoned or otherwise Journalists protest in physically restricted solely because of his/her political, religious or other conscientiously held front of the Myanmar beliefs, ethnic origin, sex, colour, language, national or social origin, economic status, birth, Peace Centre in sexual orientation or other status, or for exercising his or her right to freedom of expression or Yangon during a visit other human rights – who has not used violence or advocated violence or hatred. by President Thein Sein on 12 July 2014. All prisoners of conscience must be set free at once and without conditions, and all charges or © REUTERS/ other proceedings against them dropped. Soe Zeya Tun 2 GOING BACK TO THE OLD WAYS AMNESTY INTERNATIONAL OCTOBER 2015 ASA 16/2457/2015 3 HTIN KYAW THE COMMUNITY CAMPAIGNER Htin Kyaw is a well-known activist and outspoken government critic, who has been sentenced to a total of 13 years and four months in prison for his peaceful political activities. He is the leader of the MDCF, a community-based organization which campaigns against human rights violations and calls for justice and accountability for vic- tims and their families. PHYOE PHYOE AUNG Htin Kyaw is currently imprisoned in Insein prison THE STUDENT LEADER in Yangon. He was arrested in the city on 5 May ABOVE 2014 while making a speech and hvanding out On 10 March 2015 police arrested Phyoe Phyoe Phyoe Phyoe Aung leaflets cvriticizing the government and calling on Aung, leader of the All Burma Federation of Stu- at court hearings members of parliament to resign. He was initially dent Unions (ABFSU), one of Myanmar’s largest in May 2015. charged with inciting people to commit offences and most well-known student movements, in the © Private “against the State or against public tranquility”, midst of a violent police crackdown on largely but since then the authorities have brought a peaceful student protesters. She is currently BELOW raft of other charges against him for his various detained in Tharawaddy prison in Bago Region, Htin Kyaw is greeted by peaceful political activities, including a number where she is facing a raft of politically motivated supporters after being of peaceful protests against land acquisitions by charges which could see her sentenced to over released from Insein the authorities in April and May 2014. nine years in prison. prison in Yangon on 31 December 2013. Illustrative of the authorities’ dogged attempts The protests had begun some months earlier, © AFP/Getty Images to target Htin Kyaw is the fact that he has been shortly after a new Education Law was adopted sentenced to imprisonment under the same law by Myanmar’s Parliament. Students demanded in each of the 11 different townships of Yangon amendments, arguing that the law limited their where he distributed leaflets. The result is a academic freedom. In early February, student series of cumulative sentences which add up to groups led by Phyoe Phyoe Aung and others lengthy imprisonment. Sentences are served con- organized four concurrent marches of protesters secutively in Myanmar, rather than concurrently. throughout the country, which were to meet in “Ko Htin Kyaw’s morale is good. Yangon, Myanmar’s main city. As the students He is determined to continue his The authorities’ determination to silence Htin got closer to Yangon, tensions began to rise, com- Kyaw and his organization is also apparent in ing to a head on 10 March when they attempted work once outside of prison.” the fact that since his arrest at least nine oth- to dismantle a police blockade. The police re- er MDCF activists have been charged for their sponded by beating the protesters with batons, Member of the Movement for Democracy peaceful political activities and two others are including some who had fallen to the ground. Current Force (MDCF), July 2015 still detained. Phyoe Phyoe Aung and more than 100 other stu- dent protesters, their leaders and supporters are now facing a range of criminal charges, including taking part in an unlawful assembly; joining or continuing an unlawful assembly knowing it has been dispersed; “rioting”; voluntarily causing hurt to deter a public servant from his duty; and inciting the public to commit offences “against MYANMAR’S NEW the State or against public tranquility”. “I want to be able to contribute, as a good citizen, in whatever way I can, in whatever role I PRISONERS OF have, either to build the nation, to transform the country, or to revolutionize the system.” Prisoner of conscience Phyoe C0NSCIENCE Phyoe Aung, June 2015 4 GOING BACK TO THE OLD WAYS AMNESTY INTERNATIONAL OCTOBER 2015 ASA 16/2457/2015 5 NAW OHN HLA ZAW WIN THE CONSTANT PROTESTER THE SOLO PROTESTER Naw Ohn Hla is a prominent human rights other peaceful protests she took part in during BELOW Zaw Win is a lawyer from Pyin Oo Lwin Town- his protest, Zaw Win simply returned to resume activist who has been jailed six times for her 2014. These charges are still outstanding. Naw Ohn Hla speaks to ship, Mandalay Region, who provides free legal the hearing. peaceful activism – in particular for supporting members of the media representation to farmers protesting against land farmers and others involved in land disputes However, the charge that best illustrates how after she was released from confiscations. His increasing frustration with Almost three months later, on the morning of 25 and protesting against forced evictions. She the authorities can – and do – arbitrarily use Insein prison in Yangon what he saw as an unfair legal system prompted August, he was arrested by police at his home. has been sentenced to over five years in prison the law to target activists is linked to a 2007 on 31 December 2013.