LegiStorm

Summary:

The release of all Burma’s political prisoners is one of the fundamental goals of U.S. policy towards the nation. Several of the laws imposing sanctions on Burma—including the Burmese Freedom and Democracy Act of 2003 (BFDA, P.L. 108-61) and the Tom Lantos Block Burmese JADE (Junta’s Anti-Democratic Efforts) Act of 2008 (JADE Act, P.L. 110-286)—require the release of all political prisoners before the sanctions contained in those laws can be terminated. Although the outgoing President Thein Sein provided pardons or amnesty for more than 1,000 alleged political prisoners, security forces continued to arrest new political prisoners and over 100 political prisoners remained in jail when he left office in March 2016. Burma’s new President, Htin Kyaw, released more than 200 political prisoners in his first month in office. The leadership of the new Union Parliament, in which the National League for Democracy (NLD) led by Nobel laureate Aung San Suu Kyi holds a majority in both chambers, has stated plans to revise, amend, or repeal laws that have been used by Burma’s security forces to detain people for political reasons. While the new NLD-led government appears willing to address the political prisoner issue, it is unclear if Burma’s military leadership and its security forces, which retain substantial power under Burma’s new political structure, will desist in arresting and detaining people allegedly for political reasons. All of Burma’s security forces, including the national Myanmar Police Force, report directly to the Burmese military and Commander-in-Chief Senior General Min Aung Hlaing. In the past, Burma’s security forces have used provisions in laws promulgated by the nation’s past military juntas to arrest and try political dissidents and protesters. Burma’s courts and judges have demonstrated a willingness to convict these people. Estimates of how many political prisoners are being detained in Burma vary. According to two nonprofit organizations dedicated to identifying and locating political prisoners in Burma, the Assistance Association for Political Prisoners (Burma), or AAPP(B), and the Former Political Prisoners Society (FPPS), the Burmese government, as of June 30, 2016, was incarcerating 83 political prisoners and an additional 203 were awaiting trial. Differences in estimates of the number of political prisoners in Burma can be attributed to two main factors. First, Burma’s prison and judicial system is not transparent, making it difficult to obtain accurate information. Second, there is no consensus on the definition of a “political prisoner.” Some limit the definition of “political prisoner” to “prisoners of conscience;” others include detained members of ethnic militias as political prisoners. The State Department consulted with the government of former Prime Minister Thein Sein to promote the release of Burma’s political prisoners, but Administration interest in the issue appears to have declined over time. The State Department commended the NLD-led government for its first political prisoner release on April 8, 2016, but did not issue a similar statement of support for the second such release on April 17, 2016. Congress may choose to examine the political prisoner issue in Burma either separately or as part of a broader review of U.S. policy towards Burma. The Consolidated Appropriations Act of 2014 (P.L.113-76) required the Secretary of State to submit to Congress “a comprehensive strategy for the promotion of democracy and human rights in Burma,” including support for former political prisoners. The State Department, Foreign Operations, and Other Related Programs Appropriations Act, 2017 (S. 3117) would require funds be provided to implement the strategic plan, presumably including support for former political prisoners. This report will be updated as circumstances require.