LegiStorm

Summary:

Despite a campaign pledge that they "would not arrest anyone as political prisoners," Aung San Suu Kyi and the National League for Democracy (NLD) have failed to fulfil this promise since they took control of Burma's Union Parliament and the government's executive branch in April 2016. While presidential pardons have been granted for some political prisoners, people continue to be arrested, detained, tried, and imprisoned for alleged violations of Burmese laws. According to the Assistance Association of Political Prisoners (Burma), or AAPP(B), a Thailand-based, nonprofit human rights organization formed in 2000 by former Burmese political prisoners, there were 331 political prisoners in Burma as of the end of April 2019. During its three years in power, the NLD government has provided pardons for Burma's political prisoners on six occasions. Soon after assuming office in April 2016, former President Htin Kyaw and State Counsellor Aung San Suu Kyi took steps to secure the release of nearly 235 political prisoners. On May 23, 2017, former President Htin Kyaw granted pardons to 259 prisoners, including 89 political prisoners. On April 17, 2018, current President Win Myint pardoned 8,541 prisoners, including 36 political prisoners. In April and May 2019, he pardoned more than 23,000 prisoners, of which the AAPP(B) considered 20 as political prisoners. Aung San Suu Kyi and her government, as well as the Burmese military, however, also have demonstrated a willingness to use Burma's laws to suppress the opinions of its political opponents and restrict press freedoms. The NLD-led government arrested two Reuters reporters who had reported on alleged murders of Rohingya by Tatmadaw soldiers, Kyaw Soe Oo and Wa Lone, in December 2017 and charged them with violating the Official Secrets Act of 1923. On September 3, 2018, the two reporters were sentenced to seven years in prison. Kyaw Soe Oo and Wa Lone were granted a presidential pardon on May 7, 2019, after serving 511 days in prison. In addition, Aung Ko Htwe was sentenced to two years in prison with hard labor on March 28, 2018, following his August 2017 interview with Radio Free Asia about his allegations that he was forced by the Tatmadaw to become a "child soldier." The Union Parliament has repealed or amended a few of the numerous laws that authorities use to arrest and prosecute people for political reasons, and further has passed new laws that some observers see as limiting political expression and protection of human rights. In addition, the Tatmadaw, which directly or indirectly control the nation's security forces (including the Myanmar Police Force), has not demonstrated an interest in ending Burma's history of political imprisonment. Tatmadaw leaders have brought multiple defamation cases against journalists who publish stories critical of Burma's military. The Burma Political Prisoners Assistance Act (H.R. 2327) would make it U.S. policy to support the immediate and unconditional release of "all prisoners of conscience and political prisoners in Burma," and require the Secretary of State to "provide assistance to civil society organizations in Burma that work to secure the release of prisoners of conscience and political prisoners in Burma." Congress may consider if and how to integrate concerns regarding political imprisonment into overall U.S. policy in Burma. Congress may also choose to assess how other important issues in Burma should influence U.S. policy, including efforts to end the nation's ongoing low-grade civil war, the forced deportation of more than 700,000 Rohingya from Rakhine State, and prospects for constitutional and legal reform designed to establish a democratically elected civilian government that respects the human rights and civil liberties of all Burmese people.