State of the Union President Thein Sein explained: “our government released prisoners of conscience so that
all citizens can participate in the political process.”145
While these amnesties and pardons are welcome, they have been ad hoc and opaque, often announced to
coincide with high profile events and apparently for maximum political leverage.146 There is no clear stated
rationale on when and why an amnesty is announced, or on the criteria used to decide which political
prisoners will be released. In the early years of the reforms that began in 2011, amnesties for political
prisoners applied to large numbers; however, as public international pressure has waned, such amnesties
have become less frequent.
The positive impact of these amnesties is undermined by ongoing arrests and imprisonment of human rights
defenders and other activists simply for exercising their rights. Moreover, these limited releases do little to
address the long term and structural issues which underpin and perpetuate politically motivated arrests and
imprisonment in Myanmar. Many human rights defenders and organizations have noted Myanmar’s “revolving
door of releases and convictions” of political prisoners.
The change in administration after the NLD-led government takes power at the end of March 2016 offers a
crucial opportunity to go beyond periodic prisoner releases and stop the cycle of arbitrary arrests and
imprisonment. By tackling the structural issues which allow political arrests and imprisonment to continue in
Myanmar, the new government could ensure that the rights to freedom of expression, association and
peaceful assembly are respected and upheld. Human rights defenders and other activists have a vital role to
play in shaping Myanmar’s future, but they cannot do this if they are behind bars, or at constant risk of arrest,
prosecution and imprisonment.
There are several changes in law, policy and practice that the new administration will need to take towards
this end. A first step would be to ensure that all future releases are unconditional. A new or reconstituted
prisoner of conscience committee should be established with the mandate and the means to secure the
release of all prisoners of conscience and address the wider structural issues discussed in this report. Finally,
problems faced by former prisoners of conscience and political prisoners do not end at the prison doors, as
many face unemployment and a lack of educational opportunities when they return to their homes and
families. The new government should ensure that they have access to restitution, compensation and
rehabilitation programmes and that their right to a remedy is respected.
The Global New Light of Myanmar, “President U Thein Sein State of the Union address to the Pyidaungsu Hluttaw”, 30 January 2016, p8.
For instance: on 17 March 2013, 23 prisoners were released as President Thein Sein prepared for his landmark visit to the United States,
the first time a president from Myanmar has made an official visit to the US since 1966. The release of 93 prisoners on 23 April 2013
coincided with the decision of the European Union to lift all remaining sanctions on Myanmar, except the embargo on arms. On 23 July 2013,
the government issued an amnesty for 73 prisoners, days after President Thein Sein’s trip to Europe and in the lead up of the lifting of
European sanctions.
145
146
NEW EXPRESSION MEETS OLD REPRESSION
ENDING THE CYCLE OF POLITICAL ARRESTS AND IMPRISONMENT IN MYANMAR
Amnesty International
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