Political prisoners hold little hope of release before polls

Wednesday, 27 October 2010 22:53 Mizzima News

New Delhi (Mizzima) – Burmese elections next month cannot be presumed free and fair unless the military junta releases all political prisoners prior to November elections and allows them to participate, a range of Burma analysts, pro-democracy advocates and the UN have said.

As the military continues to jail many political prisoners, their role in shaping the future political scene in Burma is fading almost completely. Junta’s electoral laws bar prisoners from the vote.

In the world’s largest democracy, political activist Jaya Jaitly said India allowed prisoners to vote, let them contest in parliamentary elections and some even served in high government positions.

“If we give an Indian example, Indira Gandhi threw all opposition leaders into jail in 1975. When the government announced elections, the leaders could contest … despite their detention. George Fernandes was being detained at that time as well. We took his photo and campaigned through out the country in cars. Then he won with the second largest number of votes. For that reason, why can’t someone join the vote whether detained or living under house arrest?”

UN Secretary General Ban Ki-moon also called on the Burmese junta to release political prisoners during his visit to Burma after Cyclone Nargis. He reiterated his call in August this year, after the junta announced the election date, and urged that all political prisoners be released, adding that the election needed to include them to be free and fair.

Ban further reiterated those calls yesterday in Bangkok. He said that while the UN was committed to long-term engagement with military-ruled Burma that it was not too late to make next month’s election more credible, Reuters reported.

The United Nations would work with the new government formed after the much-criticised ballot on November 7, and that the junta could improve its international image by releasing all political prisoners immediately, he told a press conference at Government House in Bangkok.

“It’s not too late, even now. By releasing political detainees, [the junta] can make this election more inclusive and participatory,” Reuters quoted Ban as saying. “We will really be expecting this election will be a free one, fair one and inclusive one.”

But the junta had made no signals of releasing political prisoners before November 7, despite western democracies and regional countries such as Indonesia and the Philippines adding their calls to the UN’s to make this happen. Burmese parties and individual candidates have recently started adding their voices for the release political prisoners, for the polls to be inclusive.

Kaung Myint Htut, an individual candidate standing for a seat in the South Okkalapa Township constituency said: “It is routine that political prisoners are released after a general election. That is my dream, which is quite possible … I wish they could be released today or tomorrow. They could play a role assisting the election that is a turning point of our country’s change. They can debate and discuss their views, which would be a valuable contribution to the country’s freedom and self-determination. If this doesn’t happen, I wish them to be released after the election. I will continue to call for their release to be realised”.

However, Ashin Htarwara, a Buddhist monk who participated in the 2007 Saffron Revolution, was not holding out much hope that political prisoners, student leaders and jailed monks would be released under the Burmese military dictatorship.

“If the junta released [political prisoners] and called an election, we could say the election was fair, instead of continuing to lock them up in prisons. We’ve heard nothing so far from the junta about releasing political prisoners,” the monk said. “The prisoners frequently being released now are mostly criminals, which is why I’m deeply concerned about the situation.”

NLD vice-chairman Tin Oo said better political change could be allowed to happen if imprisoned political leaders were released and the junta started a national reconciliation programme.

“We have opened the door. It would be better if the government released political prisoners and sought dialogue to solve the problems. That is the principle by which we stand,” he said.

Many prominent activists and opposition leaders are still serving or have served lengthy terms in the junta’s infamous prisons, such as the NLD’s Aung San Suu Kyi, Shan leader Khun Tun Oo, General Sai Htin, 88 Generation Students leader Min Ko Naing, satirist Zargana, blogger Nay Phone Latt, and the many other NLD leaders, activists and monks who participated in the Saffron Revolution, which started in 2007 calling for decreased commodity prices.

Despite the junta’s claims that there were no political prisoners in Burma, the Thailand-based Assistance Association for Political Prisoners-Burma (AAPPB) had recorded that more than 2,010 prisoners remained behind bars for their political beliefs.

The United Nations, international advocates, NGOs, activists and many governments have frequently called on the Burmese junta to release all political prisoners.

Number of political prisoners listed by AAPP-B
Total number of political prisoners in Burma 2,193
… In ill health 141
… Humanitarian workers during Cyclone Nargis 20
… Elected representatives in 1990 national polls

12
… Student activists 285
… Women 176
… Monks in jail for political reasons 256
… National League for Democracy members 413
… Members of ethnic groups, activists

225
… Doctors 12
… Lawyers 12
… Labour activists 44
… Human rights advocates 31
Number of political prisoners who have died in prison 144


Laws commonly used by authorities to punish democracy activists
Emergency Provisions Act 1950

Violation of article 5 is punishable with 7 years in jail, a fine or both.

Law to Safeguard the State against the Danger of Those Desiring to Cause Subversive Acts

1975 State Protection Law

Violation of article 12 and 14: 3 to 5 years in jail.

Television and Video Act

Violation of article 32 (B): 3 years in jail or more or a 100,000 kyat fine, or both.
Unlawful Associations Act (1908)

Violation: 3 to 5 years in jail and a fine.
Electronic Act (SPDC Law No: 5/ 2004, April 30, 2004)
Breach: 7 years to 15 years in jail and a fine. Term can be extended 5 years, a fine or both.

Law restitution for Myanmar Immigration Act
Emergency Provisions Act (1947)
(SLORC Law No: 2/ 90), January 22nd 1990)

Violation: 6 months to 5 years in jail, or a fine of a minimum of 1,500 kyat or both.

Printers and Publishers Registration Law (1962)

Violation: 10 years imprisonment or a 30,000 kyat fine.