Burma has a quasi-parliamentary system of government in which the national parliament selects the president and constitutional provisions grant one-quarter of parliamentary seats to active-duty military appointees. The military also has the authority to appoint the ministers of defense, home affairs, and border affairs and one of two vice presidents, as well as to assume power over all branches of the government should the president declare a national state of emergency. In 2015 the country held nationwide parliamentary elections that the public widely accepted as a credible reflection of the will of the people. The National League for Democracy (NLD) party leader Aung San Suu Kyi was the civilian government’s de facto leader and, due to constitutional provisions preventing her from becoming president, remained in the position of state counsellor. During the year parliament selected NLD member Win Myint to replace Htin Kyaw as president, and the country held peaceful and orderly by-elections for 13 state and national offices.
Under the constitution, civilian authorities have no authority over the security forces; the armed forces commander in chief, Senior General Min Aung Hlaing, maintained effective control over the security forces.
Independent investigations undertaken during the year found evidence that corroborated the 2017 ethnic cleansing of Rohingya in Rakhine State and further detailed the military’s killing, rape, and torture of unarmed villagers during a campaign of violence that displaced more than 700,000 Rohingya to neighboring Bangladesh. Some evidence suggested preparatory actions on the part of security forces and other actors prior to the start of violence, including confiscation of knives, tools, iron, and other sharp objects that could be used as weapons in the days preceding attacks by the Arakan Rohingya Salvation Army (ARSA). An additional 13,764 Rohingya fled to Bangladesh between January and September. The government prevented assistance from reaching displaced Rohingya and other vulnerable populations during the year by using access restrictions on the United Nations and other humanitarian agencies. The military also committed human rights abuses in continuing conflicts in Kachin and Shan States.
Human rights issues included reports of unlawful and arbitrary killings by security forces; torture; harsh and sometimes life-threatening prison conditions; political prisoners; arbitrary or unlawful interference with privacy; arbitrary arrest and prosecution of journalists and criminalization of defamation; substantial interference with the rights of peaceful assembly and freedom of association, including arrests of peaceful protesters and restrictions on civil society activity; restrictions on religious freedom; significant restrictions on freedom of movement, in particular for Rohingya; corruption by some officials; unlawful use of child soldiers by the government; trafficking in persons; crimes involving violence or threats targeting members of national, ethnic, and religious minorities; and the use of forced and child labor. Consensual same-sex acts among adults remained criminalized, although those laws were rarely enforced.
Although the government took some limited actions to prosecute or punish officials responsible for abuses, the vast majority of such abuses continued with impunity.
Some nonstate groups committed human rights abuses, including killings, unlawful use of child soldiers, forced labor of adults and children, and failure to protect civilians in conflict zones. These abuses rarely resulted in investigations or prosecutions.
Section 1. Respect for the Integrity of the Person, Including Freedom from:
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The law prohibits torture; however, members of security forces reportedly tortured and otherwise abused prisoners, detainees, and other citizens and stateless persons in incidents not related to armed conflict. Such incidents occurred, for example, in Rakhine and Kachin States. The government did not launch any investigation into reports of sexual violence by the military in prior years.
Security forces reportedly subjected detainees to harsh interrogation techniques designed to intimidate and disorient, including severe beatings and deprivation of food, water, and sleep. Human rights groups continued to report incidents of torture in ethnic minority areas. Authorities generally took no action to investigate incidents or punish alleged perpetrators.
At least two contingents of Border Guard Police (BGP) in northern Rakhine State in August 2017 tortured and otherwise abused 25 Rohingya men and boys, according to a report released during the year by Amnesty International. Torture included severe beatings, burnings, and sexual violence lasting several days or even weeks. One Rohingya teenager described being beaten severely while hung from a chain attached to the ceiling, first with a hard plastic stick, and then with gloves filled with nails.
On August 21, Human Rights Watch reported that the BGP apprehended and tortured six Rohingya refugees who fled to Bangladesh in 2017 and had since returned to Rakhine State. Authorities, accusing them of illegal border crossing, tried the refugees in Burmese, which they did not understand, and sentenced them to four years in prison.
Prison and Detention Center Conditions
The Ministry of Home Affairs operates the prison system and continued during the year to significantly restrict access by international organizations–other than the International Committee of the Red Cross (ICRC)–to prison and detention facilities generally. The military also operates detention facilities and did not permit access. There were continued reports that conditions in prisons and labor camps were harsh and sometimes life threatening due to overcrowding, degrading treatment, and inadequate access to medical care and basic needs, including food, shelter, and hygiene, although observers noted some minor improvement in more centrally located prisons.
Physical Conditions: The Department of Corrections under the Ministry of Home Affairs operated an estimated 47 prisons and 48 labor camps, officially called “agriculture and livestock breeding career training centers” and “manufacturing centers,” according to the government. More than 20,000 inmates were serving their sentences in these labor camps across the country. Authorities reportedly sent prisoners whose sentences did not include “hard labor” to labor camps in contravention of the law and rented out prisoners as labor to private companies. In spite of reforms in recent years, conditions at these camps remain life threatening for some, especially at 18 camps where prisoners work as miners.
A prominent human rights group estimated there were more than 90,000 prisoners; women and men were held separately. Overcrowding was reportedly a serious problem in many prisons and labor camps; a human rights group reported that occupancy at the country’s largest prison was more than double capacity. Some prisons held pretrial detainees together with convicted prisoners. Authorities held some political prisoners separately from common criminals, but political prisoners whom authorities arrested for problems related to land rights were generally held together with common criminals.
Medical supplies and bedding were often inadequate. Bedding sometimes consisted of a single mat, wooden platform, or laminated plastic sheet on a concrete floor. Prisoners did not always have access to potable water. In many cases family members had to supplement prisoners’ official rations with medicine and basic necessities. Inmates reportedly paid wardens for necessities, including clean water, prison uniforms, plates, cups, and utensils.
Detainees were unable to access adequate and timely medical care. Prisoners suffered from health problems, including malaria, heart disease, high blood pressure, tuberculosis, skin diseases, and stomach problems, caused or exacerbated by unhygienic conditions and spoiled food. Former prisoners also complained of poorly maintained physical structures that provided no protection from the elements and had rodent, snake, and mold infestation.
There were reports of custodial deaths due to health problems associated with prison conditions and lack of adequate and timely medical care.
Prison conditions in Rakhine State were reportedly among the worst, with hundreds of Rohingya arbitrarily detained in prison and nonprison facilities, denied due process, and subjected to torture and abuse by Rakhine State prison and security officials.
Administration: Some prisons prevented full adherence to religious codes for prisoners, ostensibly due to space restrictions and security concerns. For example, imprisoned monks reported authorities denied them permission to observe Buddhist holy days, wear robes, shave their heads, or eat on a schedule compatible with the monastic code. Citing security considerations, authorities denied permission for Muslim prisoners to pray together as a group, as is the practice for Friday prayers and Ramadan. Prisoners and detainees could sometimes submit complaints to judicial authorities without censorship or negative repercussions. The ICRC followed up with relevant authorities on allegations of inappropriate conditions.
Independent Monitoring: Although the ICRC had unfettered access to prisons, prisoners, and labor camps, it did not have access to military detention sites. The ICRC reported its findings through a strictly confidential bilateral dialogue with prison authorities. These reports were neither public nor shared with any other party.
d. Arbitrary Arrest or Detention
The law does not specifically prohibit arbitrary arrest, and the government continued to use the Unlawful Associations Act to arrest persons, often in ethnic and religious minority areas, on an arbitrary basis.
The law allows authorities to extend sentences after prisoners complete their original sentence. The law allows authorities to order detention without charge or trial of anyone they believe is performing or might perform any act that endangers the sovereignty and security of the state or public peace and tranquility. The civilian government and the military continued to interpret these laws broadly and used them arbitrarily to detain activists, student leaders, farmers, journalists, political staff, and human rights defenders.
ROLE OF THE POLICE AND SECURITY APPARATUS
The Ministry of Home Affairs is generally responsible for the country’s internal security, with oversight of the Myanmar Police Force (MPF) and the General Administration Department, which has a role in security planning as part of its overall civil administrative responsibilities. The home affairs ministry is led by an active-duty military general who is nominated by the armed forces commander in chief in accordance with the constitution.
In conflict and some cease-fire areas, and in northern Rakhine State, representatives from the Ministry of Border Affairs, also led by an active-duty military general appointed by the commander in chief, have significant roles in security planning, as does the military itself. In these areas, lines of authority for internal security may be blurred. During the operations in northern Rakhine State beginning in August 2017, military commanders assumed primary control over all security arrangements and appeared to wield considerable operational influence over the BGP, which is administratively part of the MPF.
The MPF is a national police force with approximately 80,000 police officers. While the MPF continued to make progress in developing baseline capacity, there were still significant gaps in expertise and resources that posed challenges to building a force that effectively serves the public. The MPF specialized units devoted to counternarcotics, antitrafficking in persons, and other transnational crimes continued to make progress in developing operational and investigative capacity.
There were continued reports during the year of harassment and extortion of Rohingya by the BGP, including through surprise raids of private homes, usually with the involvement of the military, to inspect whether residents present matched official household lists. Such lists were often lost or damaged, and as a result these raids sometimes resulted in arbitrary detentions. The BGP also used excessive force. For example, BGP forces on June 28 shot an 11-year-old Rohingya boy in the leg near the border with Bangladesh without provocation while the boy was gathering firewood.
Civil society groups noted corruption remained a concern and that the MPF’s Special Branch continued to engage in surveillance and monitoring. Security forces continued to intimidate civilians through physical abuse and threats to livelihoods. Legal mechanisms exist to investigate abuses by security forces but were seldom used and generally perceived to be ineffective.
ARREST PROCEDURES AND TREATMENT OF DETAINEES
While the law generally requires warrants for searches and arrests, personnel from the Office of the Chief of Military Security Affairs and police reportedly conducted searches and made arrests at will.
Except in capital cases, the law does not grant detainees the right to consult an attorney or, if indigent, to have one provided by the state. The government amended the legal aid law in May to provide the public access to fair and equal legal aid based on international standards and to ensure legal aid workers could operate independently and with legal protection, but by year’s end the legal aid system was not yet operational.
There is a functioning bail system, but bribery was a common substitute for bail. Bail is commonly offered in criminal cases, but defendants were often required to attend numerous pretrial hearings before bail was granted. In some cases the government held detainees incommunicado and refused detainees the right to consult a lawyer promptly.
There were reports of suspects in custody dying as a result of mistreatment by police. On September 26, Aung Aung, a taxi driver who was arrested September 12 with two men accused of theft, died after allegedly being beaten by police during his detention. The Myanmar National Human Rights Commission opened an investigation in the case.
Arbitrary Arrest: There were reports of arbitrary arrests, including detention by the military in conflict areas.
In May the military in northern Rakhine State rounded up dozens of Rohingya, almost all of them young men, who had previously fled to Bangladesh and returned informally. These Rohingya were processed for illegal entry into Burma and subsequently pardoned, allegedly on condition that they agree to be processed through the government’s official repatriation process.
Pretrial Detention: By law authorities may hold suspects in pretrial detention for two weeks (with a possible two-week extension) before bringing them before a judge or informing them of the charges against them. Lawyers noted police regularly detained suspects for the legally mandated period, failed to lodge a charge, then detained them for a series of two-week periods with trips to the judge in between. Judges and police sometimes colluded to extend detentions. According to lawyers, arbitrary and lengthy pretrial detentions resulted from lengthy legal procedures, large numbers of detainees, judicial inefficiency, widespread corruption, and staff shortages. Periods of detention prior to and during trials sometimes equaled or exceeded the sentence that would result from a guilty conviction.
Amnesty: On April 17, President Win Myint pardoned and the government released 8,541 prisoners, including 36 whom the Assistance Association for Political Prisoners-Burma considered political prisoners. The majority of the pardoned political prisoners were arrested under the Unlawful Associations Act on charges of affiliation with ethnic armed groups. The president also nullified a previous condition of political prisoners’ release under which they could be forced to serve the remaining prison term if convicted of any crime in the future.