11. Freedom of Opinion, Expression, and the Press

 

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

 

- Article 19, Universal Declaration of Human Rights

 

Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.

 

- Article 27, Paragraph 1, Universal Declaration of Human Rights

 

11.1 Background

 

Freedoms of opinion, expression and the press have been virtually non-existent in Burma since the military coup of 1988. The Press Scrutiny Board (PSB), a division of the powerful Ministry of Information, examines every publication for anything perceived as "anti-government." Similar censorship boards retain tight control over art, music, film, performance and all other forms of artistic expression. All authors, publishers, journalists and poets must submit a personal biography to the board of literary censorship. The board then investigates to find out if these individuals have any association to opposition political parties or connections to other people or groups deemed threatening by the regime. Anyone suspected or proved to have "undesirable" connections is placed on a "blacklist" and their work is not allowed to be published.

 

People’s access to information in Burma is officially limited to one main state run news agency that disseminates information to government controlled newspapers, radio and television stations. Burma’s four daily newspapers are all published by the News and Periodicals Enterprise, a division of the Ministry of Information. While in 2004 there were approximately 300 weekly and monthly magazines published in Burma, according to the PSB, they were all kept under close observation by the regime and several were shut down after offending censors. Burmese people are well aware that much of the news from official sources is propaganda, and that to find out what is really happening in their own country and the rest of the world they must depend on sources of information outlawed by the regime.  

 

The main sources of outside information are the daily Burmese-language radio broadcasts by Radio Free Asia (RFA), Voice of America (VOA), British Broadcasting Corporation (BBC) and the Democratic Voice of Burma (DVB). In 2004, due to an increase in the import of cheap Chinese-manufactured short-wave radios, a greater number of people were able to access these stations (source: Country Reports on Human Rights Practices-2004, Bureau of Democracy, Human Rights, Labor, U.S. Department of State, 28 February 2005). In addition to radio, a limited number of publications by exiled groups working along the Thai-Burma border are regularly smuggled into Burma. However, the State Peace and Development Council (SPDC) is aware of and attempts to cut off these sources of information. Outside radio broadcasts are closely monitored and sometimes scrambled. During 2004, at least one business was fined for playing the BBC in a teashop (see below).  Individuals caught distributing or possessing dissident news material were also punished. As of 2004, within Burma, there was still almost no underground press activity, as the students who undertook such activities in the past have largely been imprisoned, killed or forced into hiding or exile. (Source: Burma- Annual Report 2005, RSF, 2005)

 

As part of their overall effort to control information, the military regime severely restricts all forms of communication. Without a government permit, which is expensive and difficult to obtain, individuals can be arrested for possessing or using fax machines, mobile phones, photocopiers or computers. The Internet can only be accessed through a company called Bagan Cybertech, which is partially government owned and run by Ye Naung Win, the son of Burma's former Prime Minister, Lt. Gen. Khin Nyunt. Furthermore, the cost of this service has effectively barred most people in Burma from being able to use the Internet. (Please see section on the internet and electronic mail in Burma, below.)

 

International Media watchdog groups such as the Committee to Protect Journalists (CPJ) and Reporters Sans Frontieres (RSF) have repeatedly criticized the Burmese regime for its suppression of press freedoms and its imprisonment of journalists. The New York-based Freedom House ranked Burma among the five worst offenders against press freedom in 2004, and RSF placed Burma in 165th place, above only North Korea and Cuba, out of the 167 countries reviewed for 2004. (Sources: “Burma High on List of Countries Jailing Journalists,” Irrawaddy, 4 February 2005; "Attacks on the Press in 2003," CPJ, 19 May 2004; “Survey: Global Decline in Press Freedom,” AP, 29 April 2004; "Third Annual Worldwide Press Freedom Index," RSF, 26 October 2004)

 

In November 2004, imprisoned documentary film-makers Aung Pwint and Nyein Thit were honored with the 2004 CPJ International Press Freedom Award for their work documenting forced labor and the harsh realities of life in the rural areas of Burma. CPJ Executive Director Ann Cooper said, “Journalists everywhere take inspiration from the courageous work of these awardees.  In honoring them, CPJ seeks to bolster support for their work, and to win freedom and justice for these journalists.” (Source: “CPJ Honors Burmese Journalists,” Irrawaddy, 14 October 2004)

 

11.2 SPDC Laws Restricting Freedom of Opinion, Expression, and the Press

 

(Source: Burma UN Service Office – not sure where this source should be put if it refers to all our info re the below laws)

 

The Official Secrets Act 1923

 

This law makes it an offence, among other things, to possess, control, receive or communicate any document or information, the disclosure of which is likely to affect the sovereignty and integrity of the State or friendly relations with foreign nations or is otherwise prejudicial to the safety of the State (section 5). No exception is made for the disclosure of classified information on public interest grounds. Anyone convicted of an offence is liable to be punished with imprisonment for up to two years, or with a fine, or with both. Other lesser known laws have been used by the military regime to justify their frequent clampdown on freedom of statement. These include:

 

The Burma Wireless Telegraphy Act 1933

 

This act makes it an offence to possess, without official permission, any "wireless telegraphy apparatus." This law was amended in 1995 to cover the use of unlicensed fax machines, and again in 1996 to cover computer modems. Anyone found possessing these apparatus without official permission was made liable to be imprisoned for up to three years or fined up to 30,000 kyat (US $33). In April 1996, the State Law and Order Restoration Council (SLORC) used this law to prosecute James Leander Nichols, a close friend of Daw Aung San Suu Kyi, on charges of operating unregistered telephone and facsimile lines from his home in Rangoon. Nichols was sentenced to three years imprisonment, but died two months into his prison term, allegedly as a result of previous medical conditions.

 

Section 122, Penal Code of Burma

 

This section of the Penal Code makes it an offence to commit treason against the government. This offence is punishable with death or with imprisonment for life. It was used in the fall of 1990 after the election results were disregarded against several NLD functionaries who attended meetings in Mandalay with the intent of forming a provisional government-in-exile.  The functionaries were arrested and sentenced from between 10 to 25 years imprisonment under section 122.  

 

The Law Protecting the Peaceful and Systematic Transfer of State Responsibility and the Successful Performance of the Functions of the National Convention against Disturbances and Oppositions

 

This law makes it an offence, among other things, to incite, demonstrate, deliver speeches, make oral or written statements and disseminate anything which would "disrupt and deteriorate the stability of the state, community peace and tranquility and prevalence of law and order," or "affect and destroy national reconsolidation," or "affect, destroy and belittle the tasks being implemented at the National Convention for the emergence of a firm and enduring Constitution and cause misunderstanding among the people." It also forbids anyone from drafting or writing or distributing a Constitution for the country without legal authorization, and makes any attempts at collaboration in any of the above-mentioned acts an offence.

 

Each of these acts is made punishable with imprisonment from between three months to twenty years and a possible fine. Organizations found guilty of any of the above offences risk being banned or disbanded and their properties confiscated. This law was used, for example, against nine students in September 1996 after they had distributed leaflets outside Daw Aung San Suu Kyi’s house in Rangoon. Observers believe this law specifically targets the NLD and Daw Aung San Suu Kyi who, in 1996, announced that she and her colleagues had decided to write a new constitution for the country due to the SLORC's continued refusal to hand over power to the 1990 elected representatives.

 

Emergency Provisions Act 1950

 

This Act confers sweeping powers on the authorities to silence and punish any real or perceived dissent, even in the absence of a proclaimed state of emergency.

 

It is an offence, punishable with imprisonment for up to seven years, to commit any act which "violates or infringes upon the integrity, health, conduct and respect of State military organizations and government employees towards the Government" (article 5(a)), or "causes or intends to spread false news about the Government" (article 5(e)), or "causes or intends to disrupt the morality or the behavior of a group of people or the general public" (article 5(j)).

 

Article 3 renders any act which is "intended to cause, or causes, sabotage or hinders the successful functioning of the State military organizations and criminal investigative organizations" liable to be punished with death or life imprisonment.

 

Similar punishment is prescribed for "collecting and divulging, or intending to divulge, information to people involved in treason against the State, on the movements, the strength, the location, the guidelines and regional defense strategies of the State military organizations and criminal investigative organizations who are engaged in preserving the stability of the State" (article 2).

 

The Printers and Publishers Registration Law 1962

 

This law has historically been the main instrument of official censorship, requiring all books, magazines, other periodicals, song lyrics and motion picture scripts to be submitted for vetting to the SPDC prior to publication or, in some cases, prior to distribution. According to the Press Scrutiny Board (PSB) guidelines, material that is not tolerated includes anything “detrimental to the ideology of the State; anything which might be harmful to security, the rule of law, peace, public order, national solidarity and unity; and any incorrect ideas and opinions which do not accord with the times.” The effect of this law has been to shut out any criticism whatsoever of the regime. Anyone who fails to comply with any rules or regulations framed under the law could be imprisoned for up to seven years and fined up to 30,000 kyat.

 

State Protection Law 1975 (also known as the "Law to Safeguard the State from the Dangers of Destructive Elements")

 

This law allows the government to declare a state of emergency in a part or the whole of Burma and to restrict any fundamental rights of the citizens in specified regions or all over the country (section 4).

 

The law gives the authorities sweeping powers: anyone who is suspected of having committed, or who is committing, or who is about to commit, any act which "endangers the sovereignty and security of the State or public peace and tranquility," can be imprisoned for up to five years without trial on the orders of the executive (section 14, as amended by Law 11/91, dated 9 August 1991).

 

This law also allows the executive to pass restriction orders under which anyone can be confined to a specified area or have their freedom of movement otherwise restrained, or be prohibited from possessing or using specified articles (section 11). No order passed under this law can be the subject of an appeal to any court, although appeals are allowed to be made to the Union Cabinet.

 

The Television and Video Law

 

This law provides for the compulsory licensing of television sets, video cassette recorders and satellite televisions by the Ministry of Communications, Posts and Telegraphs, and of the video business by the newly constituted State or Divisional Video Business Supervisory Committees. The latter have been given responsibility for deciding on the grant of video business licenses and for inspecting and supervising video businesses within their territorial jurisdictions.

 

The law also provides for mandatory censorship of all videotapes, whether locally produced or imported, by a Video Censor Board composed of government officials and representatives of the public. The requirement of obtaining censorship certificates has also been extended to videotapes imported by foreign diplomatic missions or agencies of the UN for public exhibition. Operation of a television transmission business without permission from the SPDC is punishable by imprisonment for up to five years or an unspecified fine.

 

The Motion Picture Law

 

This law creates a regime of censorship for conventional cinematograph films. A license must be obtained from the Myanmar Motion Picture Enterprise, a state agency, in order to produce any kind of film. Violation of the terms and conditions of a license are punishable with a fine ranging from 5,000 kyat to 50,000 kyat and with revocation of the license. The law also provides for the establishment of a Motion Picture Censor Board. Foreign diplomatic missions and the UN have been made subject to the censorship regime under this law. Appeals against decisions by both entities can only be made to the Ministry of Information, whose decisions on appeals are final.

 

The Computer Science Development Law

 

This law requires anyone who wishes to import, possess or use computer equipment, notably those with networking or communication facilities, to obtain a license from the Ministry of Communications, Posts and Telegraphs. It also requires those who wish to set up a "computer network or connecting a link inside the computer network" to apply to the Ministry for prior sanction (section 28).

 

The Ministry is granted absolute power to grant or refuse licenses and sanctions and to impose conditions. Failure to obtain a license or sanction is made punishable with imprisonment for between seven and 15 years and with an unspecified fine (sections 31 and 32).

 

The Ministry establishes strict controls on the formation and operation of computer-related associations. Three types of associations may be formed with official sanction (the Computer Enthusiasts, Entrepreneurs and Scientists Associations), all others are illegal. Anyone forming, running or belonging to an illegal association is liable to be punished with imprisonment for up to three years, or with a fine, or with both.

 

The law in Burma makes attempts or conspiracy to commit an offence punishable with the same severity as the offence itself.

 

11.3 The National Convention: Increased Control Over Expression

 

In May 2004, the junta’s National Convention (NC) got underway, accompanied by a marked tightening of restrictions on freedom of expression in Burma.  Just days before the National Convention commenced, the military junta stepped up their suppression of the media and sentenced two potential "problem" journalists to prison terms.  Former reporter Ne Min, who was arrested in February 2004 under the accusation of sending inside information to foreign-based media outlets, received his sentence on 7 May 2004 at a special court inside Insein Prison.  He was sentenced to 15 years in prison, according to the Burmese Media Association (BMA) and Reporters Sans Frontieres (RSF).  Ne Min, who worked for the BBC in the 1980s, previously spent 8 years in prison for "spreading false rumors." (Source: “Myanmar Ex-reporter Imprisoned Ahead of Convention: Media Monitor,” AFP, 14 May 2004)

 

On the same day Ne Min was sentenced, Nyan Htun Linn, a student activist and former office manager of a Thai-based news website, was sentenced to 22 years for distributing a statement criticizing the procedures of the upcoming convention. These arrests were seen by media watchdogs as directly related to the start of the National Convention and the junta’s desire to keep the media under control. (Source: “Myanmar Ex-reporter Imprisoned Ahead of Convention: Media Monitor,” AFP, 14 May 2004)   

 

Only SPDC-controlled media were allowed to cover the NC, and foreign journalists were consistently refused visas. Journalists who were allowed to enter were prohibited from bringing tape recorders, computers, mobile phones and cameras to the opening of the convention.  Footage of the convention was released without sound, which made it impossible for viewers to determine what was really happening.  The junta also excluded the international community from the National Convention, refusing to invite either the UN Special Envoy Razali Ismail or the UN Special Rapporteur Paulo Sergio Pinheiro to visit Burma during the convention.  Many foreign missions in Rangoon sought permission to send observers to the convention, but were denied.  (Source: Briefing: Issues and Concerns Volume 1, ALTSEAN, 24 November 2004)

 

The freedom of expression of the delegates attending the convention was also restricted.  According to one of the state-controlled newspapers, Myanma Ahlin, delegates to the National Convention were read a “code of ethics and discipline” by the Minister of Information, Brig. Gen. Kyaw Hsan, shortly after the opening ceremonies. This list of rules included a provision against walking out of the convention alone or in groups, mocking others, expressing disloyalty to the State and discussing “irrelevant matters.” Brig. Gen. Kyaw Hsan assured delegates that these rules were, “prescribed not for repression but for the interest of the national races and the delegates.” Further, every speech given at the NC had to be approved in advance by the Panel of Chairmen, in compliance with the NC Procedural Code, and the delegates could only read the edited version. Critics see these rules as a reaction to the 1996 protest by the NLD, when their 86 delegates to the NC walked out of negotiations after complaining that their contributions were ignored. 

 

In a further attempt to minimize disruptions this year, the SPDC hand-picked most of the 1,076 delegates for the 2004 National Convention and chose an obscure location for the proceedings. UN Special Rapporteur Sergio Pinheiro described the delegates as being, “virtually under house arrest” at the specially constructed camp 45 km north of Rangoon, in Nyaung Hna Pin.  The camp was surrounded by military bases and delegates were confined to the compound and forbidden from discussing the proceedings with non-delegates.  This is a drastic shift from previous sessions of the NC, which were held in Rangoon. (Sources: Briefing: Issues and Concerns Volume 1, ALTSEAN, 24 November 2004; “NC Delegates Told Not to Walk Out or Make Anti-National Remarks,” AP, 18 May 2004)

 

During May and June 2004, famous singers Khin Maung Toe, Ringo and Htun Aeindrabo appeared on state-run TV and radio almost every night singing a promotional song for the NC. According to sources inside the Burmese music industry, these musicians were recruited by the Office of the Chief of Military Intelligence to “contribute songs for the National Convention.”  Khin Maung Toe was reportedly taken by authorities and disappeared for several days, after which he and the other singers agreed to the government’s request.  These musicians had previously been known for maintaining some distance from the military regime, and earlier in 2004 had performed for Burmese pro-democracy supporters living in Japan.  Fans of the musicians were shocked to see them singing in support of the SPDC and, according to inside sources, several youth members of the NLD in Rangoon torched 300 cassette tapes of their music on the anniversary of the Depayin massacre. (Source: “Conscripted for Karaoke,” Irrawaddy, 14 June 2004) 

 

11.4 State of Freedom of the Press in 2004

 

In 2004, the regulation and restrictions on press freedom in Burma remained some of the world's most repressive. In the international rankings of press freedom by RSF, Burma was rated at third from last place for the second consecutive year. The continued repression of the press in Burma indicates that restrictions were not eased during 2004. (Source: “Burma High on List of Countries Jailing Journalists,” Irrawaddy, 4 February 2005)

 

Strict government censorship of all publications continued throughout the year and the SPDC continued to prohibit journalists from reporting on any events of real importance. Topics banned from media coverage included: the National Convention, natural disasters (such as the 26 December tsunami), the AIDS epidemic, human rights developments, drugs, debates about government policies (such as Gen. Khin Nyunt’s removal from office), criticisms and commentary about the poor state of the national economy, or any local, national or international news which could be seen as uncomplimentary to the government. (Source: Burma - 2004 Annual Report, RSF, 20 October 2004)

 

Severely restricted in the news they can print, the 300 or so private journals published in Burma are also regularly forced to pay stiff bribes just to get non-offensive materials approved by the state censorship boards. If an article is found to violate government standards, the editors are forced to change the entire layout of the magazine to hide the removal of the censored material. There is therefore a strong incentive for magazine editors and writers to engage in self-censorship in order to avoid this extremely time-consuming and expensive process.

 

Publications in Burma go through two levels of screening in addition to the censorship that writers and printers impose upon themselves. Initially there is pre-publication censorship, which is administered by the Literary Works Scrutinizing Committee, a branch administration under the Ministry of the Interior. Following this, publications are reviewed every Saturday by the Censorship Committee, which decides whether to give authorization for the distribution of the material. Every three months a review of media activity is sent by the Censorship Committee to the Ministry of the Interior. After an initial authorization by the central censorship office in Rangoon, publications are directed to their local office for regular screening (source: Burma - 2004 Annual Report, RSF, 20 October 2004). Publication agencies are also frequently sent government prepared stories to be printed. Compliance in using this material often brings monetary benefits but refusal may result in a government crackdown on the dissenting office. (Source: "Attacks on the Press in 2003," CPJ, 19 May 2004)

 

One publication which appears to be able to operate with slightly less censorship is The Myanmar Times, a glossy weekly magazine launched in March 2000 and published in English and Burmese. The magazine is privately owned by an Australian publisher, but is closely linked with the Office of Strategic Studies (OSS), which until November 2004 was controlled by Prime Minister Lt. Gen. Khin Nyunt. Under Khin Nyunt, The Myanmar Times had more latitude than any other news source in the topics it was allowed to cover, and reported issues have included articles about the reopening of NLD offices and the dialogue between the regime and Aung San Suu Kyi. Many analysts have argued, however, that The Myanmar Times is just a more subtle propaganda tool controlled by Khin Nyunt and is primarily aimed at attracting foreign investment. Following Khin Nyunt’s removal from office, The Myanmar Times was shut down briefly and at least one of his associates – a management figure at the publication – was arrested.  The official reason for the shut-down was "restructuring of the censorship board." It is unclear what changes will be made to the publication under the new officials, or who exactly will be running the magazine. 

 

Even if The Myanmar Times does continue to enjoy greater press freedom than other publications, its existence does little to increase access to information in Burma.  At 500 kyat per copy, most Burmese cannot afford to purchase the publication. (Sources: “New Military Government Closes 17 Publications,” RSF, 21 October 2004; Burma – 2005 Annual Report, RSF, 2005) 

 

Harassment and arrest of journalists also continued throughout 2004. Government officials repeatedly visited the offices of newspapers in order to warn journalists and publishers about specific incidents about which they were not allowed to write or print. Most notably, these included the tsunami of 26 December and any discussion of the National Convention. During 2004, Burmese representatives of international media organizations were permitted to attend government-organized press conferences, including one on narcotics control and another on the explosions at the Rangoon central train station. (Source: Country Reports on Human Rights Practices-2004, the Bureau of Democracy, Human Rights, and Labor, U.S. Department of State, 28 February 2005)

 

Foreign journalists, while not subject to the same risks and pressures as Burmese journalists, also face restrictions on reporting news from Burma. International journalists who write articles critical of the regime can find themselves banned from the country. Swedish journalist Bertil Lintner, a reporter for the Far Eastern Economic Review and an internationally renowned authority on Burma, has been "blacklisted" from the country for the past sixteen years.  In 2004, at least one correspondent for the BBC’s Burmese Service, who entered Burma as a tourist, was told verbally to leave the country, though another correspondent for the same organization was not harassed. (Source: Country Reports on Human Rights Practices-2004, the Bureau of Democracy, Human Rights, and Labor, U.S. Department of State, 28 February 2005)

 

Few foreign journalists are allowed to live in Rangoon, though there is one correspondent for China’s official Xinhua News Agency. In 2004, at least one American journalist was living and working in Rangoon, but she was writing as a weekly columnist with The Myanmar Times and subject to the same censorship as her colleagues. She wrote about her experience for an American newspaper, and explained that during her first month of working in Burma her censor told her, “We encourage freedom of expression.  You can think whatever you want – just keep it in your head.”  Several of her columns were censored because they didn’t portray the desired "image" of Rangoon. (Source: “A Voice in Myanmar,” Windsor Star, 25 May 2004) 

 

Visiting foreign reporters must apply for special journalist visas as well as a "Permit to Conduct Journalistic Activities." In the past, reporters granted visas were kept under close surveillance by Military Intelligence (MI) agents, who often tried to prevent them from interviewing opposition leaders, including Aung San Suu Kyi (source: "Attacks on the Press in 2003," CPJ, 19 May 2004).  Foreign journalists were also forbidden from attending or reporting on the National Convention that started in May 2004.  According to Reporter Sans Frontieres’ 2005 Annual Report, Agence France-Presse, Voice of America radio and the Burmese and English services of the BBC World Service received no response from the Burmese authorities when they applied for visas to attend the NC. In February 2004, Burma’s state-owned paper, The New Light of Myanmar, attacked foreign broadcasting stations for threatening national unity and airing "lies" in order to provoke civil unrest.  The accused "slanderers" included the British Broadcasting Corporation (BBC), the Voice of America (VOA) and All India Radio (AIR). (Source: “Junta Slams Broadcasters,” Irrawaddy, 4 February 2004)

 

As a result of the heavy control of journalism in Burma, compounded with widespread poverty, illiteracy and lack of access to print media, most citizens choose to get their news from various foreign radio stations. These are the BBC, Voice of America, Democratic Voice of Burma, and Radio Free Asia. In 2003, it was reported that close to 95% of civilians, as well as members of the military, relied on foreign radio broadcasts for information about events inside Burma (source: "Thanks to the Foreign Burmese Radio Services," Narinjara News, 11 June 2003). In recent years there has been an increase in the number of cheap Chinese-made radio receivers, which has likely increased the number of radio listeners (source: Country Reports on Human Rights Practices-2004, Bureau of Democracy, Human Rights, Labor, U.S. Department of State, 28 February 2005).

 

Khin Nyunt’s arrest and freedom of the press

 

In October 2004, a split within the SPDC resulted in the removal and arrest of Prime Minister Khin Nyunt, and the transfer of his duties to one of SPDC Chairman Gen Than Shwe’s close allies, Lt Gen Soe Win.  The state-controlled media inside Burma, however, noted these dramatic political shifts only in passing. On 19 October, The New Light of Myanmar printed a statement from Gen Than Shwe stating that, “The State Peace and Development Council has permitted Prime Minister General Khin Nyunt to retire on health grounds with effect from today.”  The issue also included notices of welcome to Lt Gen Soe Win as the new Prime Minister and Lt Gen Thein Sein as Secretary-1.

 

On 21 October 2004, just days after Khin Nyunt’s arrest, Burma’s new military leaders took control of the censorship bureau, which had until then been overseen by Khin Nyunt’s associates.  The new leaders shut down 14 privately-owned publications temporarily and three others indefinitely, according to Reporters Without Borders, in an apparent strike at media groups who had been closely linked to Khin Nyunt. The suspended publications included Living Color, New Gazette, First Eleven Journal, Interview Journal, Reader’s Journal, Idea Magazine, The Voice Journal, Naing Ngan Da-Kar Journal and Kumudra. The Myanmar Times, jointly owned by Australian publisher Ross Dunkley and the Office of Strategic Studies (OSS), was also shut down for one week, allegedly due to “restructuring of the censorship office.” Authorities also arrested the paper’s co-owner, U Myat Swe, and his father, former OCMI officer, Brig Gen Thein Swe. (Sources: “New Military Government Closes 17 Publications,” RSF, 21 October 2004; Country Reports on Human Rights Practices-2004, Bureau of Democracy, Human Rights, Labor, U.S. Department of State, 28 February 2005)

 

Hiding the impact of the tsunami

 

In keeping with its policy of "no bad news," the SPDC implemented a ban on images of the 26 December tsunami’s impact in neighboring countries and in Burma. On the day following the tsunami, there was no mention in Burmese papers of the local impact – only reports of the "messages of sympathy" sent by the generals to the affected countries.  According to a report released by ALTSEAN Burma, a human rights and advocacy NGO, Tsunami Impact on Burma, “It took two full days for the regime to officially report a minimal 36 deaths, 45 injured, 14 missing, and 788 homeless displaced, and 17 coastal villages destroyed.  On 1 January 2005 the regime updated these figures to 59 dead, 43 injured, and 3,205 people made homeless.” 

 

By the end of January 2005, the UN and the junta agreed that between 60-80 people had died while an estimated 5,000 to 7,000 people in Burma were directly affected by the tsunami. These numbers are significantly smaller than those estimated by the World Food Program, various NGOs and independent news agencies. In addition, these figures do not account for the people who died during the 26 December earthquakes in Shan State.  Due to travel restrictions and severe censorship of the media, it remains difficult to judge the extent of the tsunami’s impact on Burma.

 

In the enforcement of the ban on tsunami images, four video store owners in Sittwe, Arakan State, were reportedly fined and arrested on 16 January 2005 for selling copies of tsunami footage they had obtained via satellite TV.  The junta’s reluctance to publicize the devastation could be related to traditional belief in Burma that earthquakes are an omen of government change. (Source: Tsunami Impact on Burma-Update, ALTSEAN, 28 January 2005)

 

The tsunami also had a devastating effect on Burmese migrant workers living in Thailand. However, no information about these workers was reported in the Burmese media, leaving family and friends of migrant workers uninformed and unable to help. 

 

Delay in reporting on Arakan cyclone

 

On 19 May 2004, Arakan State suffered the worst cyclone to hit Western Burma in over 40 years.  According to the Red Cross, at least 220 people were killed and 14,000 left homeless.  Despite the severity of the disaster, the state-controlled media waited ten days to issue a public report about the cyclone, and the government waited two weeks before asking for international assistance. (Source: Tsunami Impact on Burma-Update, ALTSEAN, 4 January 2005)

 

Arrested for reporting on Myitkyina flood

 

On 27 July 2004, documentary-film-maker Lazing La Htoi was arrested for making and distributing a video containing footage of a major flood in Myitkyina, the capital of Kachin State.  He recorded the footage on his hand-held camera and made 300 VCD copies.  Lazing La Htoi, who is also the owner of Htoi San Press in Myitkyina, was arrested but no information was available about his sentence.  The computer shop that produced and distributed the VCD, Cyber Computer Centre, was also shut down for an indefinite period by military authorities.     

 

The state-run paper Kyemon downplayed the effects of the flood, reporting that no casualties or property damage resulted from the disaster.  According to local residents and NGOs, however, thousands of homes were damaged and up to 50 people died.  Water-wells around the town were also contaminated.  The documentary video showed youth volunteers assisting victims. (Source: “Flood Documentary-Maker Arrested,” Irrawaddy, 30 July 2004)

 

Journalists forced to report on Min Ko Naing’s release

 
On 19 November 2004, well-known student leader Min Ko Naing was released after serving 16 years in prison.  According to freelance journalists in Rangoon, several weekly publications were forced by the Press Scrutiny and Registration Board (PSRB) to run news stories about meetings between Rangoon-based western diplomats and Min Ko Naing. Published articles reported in detail the movement of embassy vehicles that visited Min Ko Naing’s home and the headquarters of the NLD. Journalists and political activists said they had no idea why the regime wanted the meetings publicized, as news about opposition movements is normally banned from Burmese journals. The order was the first to come from the PSRB since Khin Nyunt’s dismissal. (Source: “Weeklies Ordered to Report Diplomats Meet Min Ko Naing,” Irrawaddy, 1 December 2004) 
 
Media informants fear reprisal

 

According to the Thai-based Shan Herald Agency for News (SHAN), sources inside Burma asked outside media to respect their need to give vague details when reporting from inside. Informants were especially worried about providing "sound bites" for radio programs, as this makes them more vulnerable to military intelligence inside Burma.  Last year, a SHAN informant was imprisoned for 3 years after a radio news station broadcast his voice expressing his opinion.  As one source explained, “MI officers voice their annoyance openly every time they hear somebody inside Burma giving information to radio programs, be it BBC, VOA, RFA or DVB.  Now with the National Convention drawing attention from the whole world, they are getting more edgy.  And we certainly don’t want to encourage them to do anything rash just yet.”  (Source: “Media Asked to Be More Understanding,” SHAN, 27 May 2004)        

 

Mon and Karen media sources in the Sangklaburi area in Thailand also feared for their safety after providing information to foreign radio stations.  In October, Mon and Karen youth were warned by the SPDC not to speak to foreign radio stations about events in their areas.  According to reports, youth who were suspected of being informants for the broadcasts were called and warned to stop reporting. One Mon youth who informs to a local media group said that he is often followed by MI. (Source: “Youths Warned about Leaks to News Media,” Kao Wao News No. 75, 23 Sept – 7 Oct 2004)

 

Aside from pressuring informants not to provide information to foreign news sources, the SPDC also does little to hide its disdain for the foreign press. On 4 February 2004, Burmese state-run newspaper The New Light of Myanmar ran an article accusing foreign broadcasting stations of threatening national unity by airing rumors about the junta.  The article, in reference to the BBC and VOA, stated that, “the media of neo-colonialist countries have been airing lies and slanderous accusations against Myanmar to transgress her independence and sovereignty.”  The article said that reports on the BBC, VOA and AIR were partially responsible for intensifying the unrest in 1988, as the foreign radio stations allegedly exaggerated facts and made up lies about the Tatmadaw. (Source: “Junta Slams Broadcasters,” Irrawaddy, 4 February 2004) 

 

Sports editor’s death sentence commuted

 

In July 2003, Zaw Thet Htwe, editor for the sports magazine First Eleven, was arrested by the Burmese military.  Analysts linked his arrest to the magazine’s publication of articles critical of the Burmese authorities, and specifically an article questioning the SPDC’s handling of a US$ 4 million international grant to develop football in Burma.  Zaw Thet Htwe, along with eight other people, was originally given the death sentence on fabricated charges of "high treason" for alleged assassination attempts against high-ranking military officials. The editor was also accused of sending information to opposition militants abroad. Reporters Without Borders and the Burma Media Association appealed to the judges to reconsider the sentencing, and on 12 May 2004, after the case received considerable international attention, Zaw Thet Htwe’s death sentence was commuted and his sentence reduced to 3 years.  On 14 October 2004, the Supreme Court further reduced his sentence to 2 years, and on 3 January 2005 he was reportedly released from prison.  (Sources: “Reporters Without Borders and the Burma Media Association Ask Judges for Mercy for Sports Journalist Zaw Thet Htwe,” RSF, 22 April 2004; Briefing: Issues and Concerns Volume 1, ALTSEAN, November 2004; “Four Journalists Freed from Prison, Nine Remain Behind Bars,” RSF, 5 January 2005)

 

11.5 The State of Publications in 2004

 

Figures released by the Press Scrutiny Board show that Myanmar has 144 weekly journals and 234 monthly magazines, up from six journals and 35 magazines in 1988.  In 2004, three new journals devoted to domestic news were launched, and another five changed their focus from celebrities to domestic news. The director of the Press Scrutiny Board, U Aye Tun, said that market demand was the main reason for the increase in news journals, according to the Myanmar Times. (Source: “Burmese Paper Hails Growth of Media Industry, Says People ‘Hungry’ for News,” BBC, 14 October 2004) 

 

Despite the increase in publications, the freedom of these publications to release genuine news is still strictly limited.  In 2004, several publications were shut down due to government censorship.  In April 2004, the popular Shan magazine Hsenpai (Variety) was ordered to cease publication following its incorporation of political news reports, according to sources who recently fled to Thailand from Shan State.  The issue in question was published in June 2003 and included reports on a meeting of the Shan Nationalities League for Democracy and a meeting between the United Nationalities Alliance and the UN special envoy Razali Ismail on 3 June 2003.  A few months after this issue was published, sources say the editor “was summoned by the MIS (Military Intelligence Service) and told he would face legal prosecution if he continued with his publication.” (Source: “Shan Periodical Quashed,” SHAN, 6 April 2004)

       

According to writers in Rangoon, the well-known local economics magazine Myanmar Dana (Myanmar Wealth) was ordered to stop publication for six months after the Censorship Board reacted to a cover photo on their September 2004 issue.  The cover showed a photo of artist U Thet Nyunt, the father of the famous and long-imprisoned student leader Min Ko Naing, posing in front of his paintings.  Two of the paintings in the background were portraits of his son. The cover story was “Art – Gallery and Artists” and examined the history of Burmese art, how art galleries develop in Burma and how artists can make a living.  In addition to banning the publication for six months, the Censorship Board also seized unsold copies of Myanmar Dana from shops in Rangoon. (Source: “Burma Censorship Board Bans Publication of Myanmar Dana Magazine,” DVB, 24 September 2004)

 

On 1 September 2004, the Press Scrutiny Board ordered the closure of another publication, the current affairs journal Khit-Sann. The government cited financial and licensing issues as reasons for the closure. According to Radio Free Asia and the Burma Media Alliance (BMA), however, the magazine was shut down due to its international news coverage and American political ideas. Khit-Sann is a privately owned journal that started publishing in August 2003, featuring critical analysis of international affairs, economics and ideas from political theorists.  The name Khit-Sann translates as “Renaissance” or “New Age.”  (Source: “Burma: CPJ Disturbed by Closing of Current Affairs Journal,” CPJ, 21 September 2004)

 

Foreign publications are subjected to strict pre-distribution scrutiny and often appear in bookstores with pages blacked out or removed.  The junta banned the 26 April 2004 issue of Time magazine because of the article “Stone Age” written by Andrew Marshall, which was critical of SPDC policies. As of 16 June 2004, foreign book retailers in Burma were still waiting for government permission to distribute the 14 June issue of Time, which included the article “Military Maneuvers,” written by Irrawaddy editor Aung Zaw, which criticized the validity of the NC. One Time subscriber reported that he sometimes received his copy with pages torn out, and said, “If I want to read the entire magazine, I’ll probably have to ask my contacts at foreign embassies to bring copies.”  According to the Innwa Bookstore in Rangoon, there are over 400 Time magazine subscribers in Burma. (Source: “Burmese Govt. Scrutinizes Time Magazine,” Irrawaddy, 16 June 2004)

 

In a surprise and apparently contradictory move, the junta allowed the distribution of an issue of Reader’s Digest that praised Aung San Suu Kyi as "the soul of the nation."  Despite the regular pre-distribution censorship of foreign publications, the March 2004 edition of Reader’s Digest, featuring a lengthy piece about Aung San Suu Kyi, was sold uncensored in Rangoon. The article explicitly described the Depayin incident of 2003 and the violent actions of the regime against the NLD supporters.  The article states that, “Aung San Suu Kyi will not allow the torch of democracy to be extinguished,” and adds that, “the petite 58-year-old with blossoms in her hair has become the sole repository for the Burmese people’s hopes.” According to booksellers in Rangoon, the copies sold out almost immediately.  The junta’s permission to distribute the magazine uncensored was referred to by a local bookseller as "unprecedented." The manager of Innwa Bookstore in Rangoon, who services about 1,000 Reader’s Digest subscriptions, confirmed that there was no problem with distribution. (Sources: “Reader’s Digest profile of Aung San Suu Kyi Sold Uncensored in Myanmar,” AFP, 17 March 2004; “Suu Kyi Story Passes Censor,” Irrawaddy, 18 March 2004)

 

11. 6 Journalists Freed in 2004

 

In 2004, sources reported the release of five journalists, and a further four journalists were released on 3 January 2005.  Though thousands of prisoners were released in the wake of government restructuring in November, only an estimated 50 of these were political prisoners, and only a few journalists.  In October 2004, Prime Minister Gen Khin Nyunt was removed from office and imprisoned, and replaced with Than Shwe’s close associate Lt Gen Soe Win.  Following the government restructuring, thousands of prisoners were released, allegedly as a correction of "mistakes" made under Khin Nyunt’s rule.  Unfortunately, only an estimated 50 of those released were political prisoners, and only a few of those journalists.

 

On 1 March 2004, the SPDC released writers Aung Zin Min and Cho Seint.  Their release, along with that of three other political prisoners, coincided with the visit of United Nations Special Envoy Razali Ismail to Burma. Both writers were arrested in 1996 and sentenced to seven years in prison under Article 5 (j) of the 1950 Emergency Provisions Act, for their connections with underground anti-junta news bulletins and pamphlets supporting the 1996 students strike.  Both men served their complete sentences plus an additional three months.  Upon release, the journalists were allowed to return to their families. Their release was seen as a means of appeasing the Special Envoy. (Source: “Two Journalists Released at the End of Their Sentences,” RSF, 10 March 2004)

 

On 24 March 2005, Kyi Tin Oo was released from prison. He was imprisoned on 1 March 1994 and sentenced to 10 years in prison by a special court inside Insein Prison under Articles 5(j) of the Emergency Provisions Act, State Protection Act and 17(l) of the Illegal Associations Act. The main source of incrimination came from his political writing for monthly magazines. He had been previously arrested for his dissenting publications and, as of 2004, had spent 19 of the past 40 years of his life in prison.  Kyi Tin Oo died on 24 June 2004 from a heart attack, which was allegedly related to a heart condition and other ailments he developed as a result of torture at the time of his arrest, and poor conditions in prison.  (Sources: Report to the UN General Assembly, 30 August 2004, Fifty-ninth Session, Item 107 (c) of the provisional agenda, Special Rapporteur Paulo Sergio Pinheiro; Burma - 2004 Annual Report, RSF, 20 October 2004)

 

On 12 July 2004, Arakanese journalist U Thar Ban was released from Insein Prison, four months after the completion of his seven-year sentence.  He was arrested in March 1997 for helping with the documentation of the history of Burma’s student movement.  This was U Thar Ban’s second time in prison, following his previous imprisonment from 1990 – 1995 for his involvement with the United Nationalities League for Democracy.  His health was poor upon his release. (Source: “Burma Frees Imprisoned Journalist,” Mizzima, 21 July 2004)

 

Sein Ohn was released on 26 November 2004 from Mandalay Prison, after spending more than eight years behind bars.  He was one of thousands of prisoners released in the wake of government "restructuring" following the arrest and removal of Prime Minister Khin Nyunt. Sein Ohn, who had worked as a camera operator with the NLD, was arrested in September 1996 and sentenced to 10 years in prison for distributing uncensored video material and possessing "undeclared" imported equipment (a video camera and videocassette recorder). He had shot extensive footage of Aung San Suu Kyi and made documentary videos that were critical of the military's policies. In 1996, Sein Ohn produced a video that documented peasants complaining of the failure of the government to provide relief after extensive flooding in the Irrawaddy delta. (Sources: Burma - 2004 Annual Report, RSF, 20 October 2004; “Journalist Ko Sein Ohn Released After More Than Eight Years in Prison,” RSF, 2 December 2004)

 

On 3 January 2005, the SPDC released another group of prisoners, four of whom were journalists. Ohn Kyaing, Thein Tan, Aung Myint and Zaw Thet Htwe were all released on this day, according to Reporters Without Borders. (Source: “Four Journalists Freed from Prison, Nine Remain Behind Bars,” RSF, 5 January 2005)

 

Ohn Kyaing and Thein Tan were arrested in September 1990, along with four other leaders from the NLD, and sentenced to seven years in prison. According to the state radio broadcast, the group was charged with "inciting unrest by writing false reports about the unrest which occurred in Mandalay on 8 August 1990." Ohn Kyaing was the editor of the Botahtaung newspaper and one of the most prominent of Burma's journalists. In 1988, he became actively involved with the pro-democracy movement. Thein Tan was a freelance journalist and was also involved with the NLD. (Source: "Attacks on the Press in 2003," CPJ, 19 May 2004)

 

Aung Myint was arrested on 14 September 2000 by MIS officials and later sentenced to 21 years in prison on 20 December of the same year. He was charged with disseminating news about the NLD to foreign news agencies and western embassies in Rangoon. He was also known by the pseudonym "Phya Pon" Ni Loan Oo under which he had previously written for the magazines Cherry and Mahaythi. Much of his writing was banned by government censors or rejected by privately owned magazines. (Source: Burma - 2004 Annual Report, RSF, 20 October 2004)

 

Zaw Thet Htwe, a sports reporter, was arrested in 2003 and originally sentenced to death for alleged attempts at assassination and committing "high treason."  His death sentence was commuted after considerable international pressure, and RSF announced his release on 3 January 2005.  (Source: “Four Journalists Freed from Prison, Nine Remain Behind Bars,” RSF, 5 January 2005) (For more information, please see section sports editor’s death sentence commuted, above.)

 

11.7 Continuing Detention of Journalists

 

Despite the military's continued claims to have released large numbers of political prisoners, there were still at least 11 journalists in prison at the end of 2004. In their annual reports, the Committee to Protect Journalists (CPJ) reported 11 imprisoned journalists in Burma at the end of 2004, while Reporters sans Frontiers (RSF) reported 12 imprisoned journalists. Four journalists were released on 3 January 2005, along with thousands of other prisoners freed by the military junta.

 

According to an earlier report issued by RSF and the BMA, there were 33 writers, poets and journalists in prison in March 2004, and nine of those were in need of urgent medical attention (source: “Politics Becomes Zero-sum Game without Freedom of Expression,” Mizzima, 8 March 2004). It is difficult to obtain accurate statistics from Burmese prisons, and sometimes the whereabouts or status of prisoners is unknown.

 

In April 2004, the continued imprisonment of writers in Burma received international attention from a group of Nobel Laureates who called on the Burmese junta to release Daw Aung San Suu Kyi and other imprisoned writers, journalists and artists.  Vaclav Havel, former President of the Czech Republic, and Jiri Grusa, the President of PEN International, an international literary and human rights organization of writers committed to freedom of expression and the advancement of literature worldwide, along with fourteen Nobel Laureates, sent a letter to SPDC Chairman Senior General Than Shwe stating that they are “profoundly” disturbed by the accelerating suppression of the democracy movement and by the denial of the freedom of expression in Burma.  They state, “If a single political prisoner, if writers, journalists and other citizens cannot discuss the future of their country without fear, all announcements of political reform lack credibility.  All historical experience teaches us that freedom of speech and free and open public debate cannot stand at the end of a road to democracy, but must be at the very beginning of any meaningful reform.”  The letter was delivered on 13 April 2004 to Burmese embassies worldwide. (Source: “Havel and Nobel Laureates Call for Release of Suu Kyi and Burmese Writers,” Mizzima, 14 April 2004)

 

Despite these efforts, many journalists remain behind bars.  The following is a list of journalists who remained imprisoned at the end of 2004.

 

U Win Tin

 

Despite news reports in November 2004 concerning U Win Tin’s imminent release, the 74-year-old former editor-in-chief of the Hanthawati and vice chairman of the Burma's Writers Association completed his 16th year in prison in 2004. U Win Tin was still in prison as of 5 January 2005. (Source: “Military Junta Releases Journalists Zaw Thet Htwe, Thein Tan and Aung Myint,” RSF Bulletin, 5 January 2005)

 

U Win Tin, one of Burma’s most prominent imprisoned journalists, was originally arrested on 4 July 1989 for allegedly arranging a "forced abortion" for a member of the National League for Democracy (NLD). He was later sentenced to an additional 10 years imprisonment in 1992 for "writing and publishing pamphlets to incite treason against the State" and "giving seditious talks." U Win Tin had been a senior leader with the NLD and worked in 1988 to establish independent publications during the brief period of press freedom brought about by the student led democracy movement. On 28 March 1996, U Win Tin's sentence was extended by another seven years after he was charged under section 5(e) of the Emergency Provisions Act for having "secretly published anti-government propaganda to create riots in jail." Included among these prison publications was a report for the UN Special Rapporteur for Human Rights in Burma about the conditions inside Rangoon's Insein Prison.

 

In 2004, U Win Tin was kept in a special cell at Insein Prison as he was in very poor physical condition.   Due to extended years of poor treatment in Burma's prisons, he was suffering from numerous diseases and health disorders. On 5 February 2003, Amnesty International met with him for close to an hour and reported that his health was steady but that he was suffering from urinary problems. On 21 March 2003, UN Special Rapporteur for Human Rights in Burma Paulo Sergio Pinheiro also spent an hour visiting with U Win Tin. In 2004, he turned 74 years-old and his cumulative prison sentence was 21 years, ending in 2009. (Sources: "Attacks on the Press in 2003," CPJ, 19 May 2004; “Win Tin and 12 Other Journalists Still Imprisoned Despite Anticipated Release Date,” RSF Bulletin, 23 November 2004)

 

Sein Hla Oo

 

Sein Hla Oo was a freelance journalist and former editor for the Botahtaung newspaper. He was arrested on 5 August 1994 on charges of contacting anti-government groups and spreading information damaging to the State. On 6 October 1994, he was sentenced to seven years in prison. Government officials claimed that Sein Hla Oo had "fabricated and sent anti-government reports" to diplomats in foreign embassies, foreign radio stations and foreign journalists. He was elected to Parliament in 1990 representing the NLD and had previously been imprisoned for his political activities. Though his second sentence of seven years had expired by 2004, he was being made to complete the remainder of the abrogated 10 year sentence from his previous conviction, of which he had only served one year and eight months. (Source: "Attacks on the Press in 2003," CPJ, 19 May 2004)

 

Aung Htun and Tha Ban
 

Aung Htun was imprisoned in February 1998 for contributing to a seven-volume text that documented the history of the Burmese student movement. He had been a writer and activist involved with the banned organization All Burma Federation of Students Unions (ABFSU). His sentence totaled 17 years in prison for violating the 1962 Printer and Publishers Registration Act (three years), the 1950 Emergency Provisions Act (seven years), and the 1908 Unlawful Associations Act (seven years). In 2004, he was being confined in Tharawaddy Prison. (Source: "Attacks on the Press in 2003," CPJ, 19 May 2004)

 

Tha Ban was sentenced in March 1997 to seven years in prison for his pro-democracy writing and because he helped a student gather data on the history of a student association.  He was transferred from Insein Prison to the Arakan State Prison, where his wife is permitted to bring him medicine for his dysentery.  In 2004 he turned 67.   (Source: Burma - 2004 Annual Report, RSF, 20 October 2004)

 

Aung Pwint and Thaung Tun

 

Aung Pwint, who worked as a videographer, editor and poet, was arrested in early October 1999. Thaung Tun, who worked as an editor, reporter and poet and is better known by his pen name Nyein Thit, was arrested separately though also in early October 1999. The Committee to Protect Journalists reported that the two men were arrested for "making independent video documentaries that portrayed 'real life' in Burma, including footage of forced labor and hardship in rural areas." Aung Pwint was employed at a private media company that produced videos that were used for tourism and educational purposes, but he also worked with Thaung Tun on video documentaries. Their videotapes were circulated throughout Burma through underground networks.

 

The Committee to Protect Journalists also stated that, "The military government had prohibited Aung Pwint from making videos in 1996, 'because they were considered to show too negative a picture of Burmese society and living standards,' according to Human Rights Watch." Human Rights Watch previously awarded Aung Pwint a Hellman-Hammett grant in 2001 in recognition of his efforts to disclose the realities of life in Burma.

 

Aung Pwint and Thaung Tun were tried together and they were both sentenced to eight years in prison. Aung Pwint was initially held inside Insein Prison, though later he was transferred to Tharawaddy Prison. Thaung Tun was incarcerated at Moulmein Prison, according to the Thailand-based Assistance Association for Political Prisoners in Burma (AAPPB). (Source: "Attacks on the Press in 2003," CPJ, 19 May 2004)

 

These two documentary film makers were honored with CPJ’s 2004 Press Freedom awards for their work, though neither could receive their awards from prison.

 

Khin Maung Win

 

Khin Maung Win, also known as Sunny, is a photographer and cameraman who was imprisoned in June 1997. He was charged with participation in a group of dissidents involved with subversive activities, who were termed "puppets of the American government" by Lt Gen Khin Nyunt.  Khin Maung Win was sentenced to seven years in prison as a result of his assistance with an interview of Aung San Suu Kyi prior to a 1997 Association of South-East Asian Nations (ASEAN) summit. In 2004, he was still being held at Loi-Kaw Prison, over 300 km north-east of Rangoon. (Source: Burma - 2004 Annual Report, RSF, 20 October 2004)

 

Monywa Aung-Shin

 

In September 2000, Monywa Aung-Shin was arrested and subsequently sentenced under article 17(20) of the Emergency Act to a seven-year prison term. He had been an editor for the magazine Sar-maw-khung (Literary World) before it was banned in 1990 and then worked as one of the NLD's press officers. (Source: Burma - 2004 Annual Report, RSF, 20 October 2004)

 

11.8 Academic Freedom

 

There is no academic freedom in Burma, and the Ministry of Education controls the selection of all faculties and students at universities. No new academic programs or courses can be initiated in the country without government permission. All academic discussions and seminars must be government sponsored, and moderators and university faculty members leading these events are chosen by the regime. The Ministry of Education, Ministry of Science and Technology, Human Resource Departments and the Ministry of Defense regularly organize academic seminars and symposiums affiliated with foreign institutes or governments, under the titles "Social Development," "Economy," "Education," or "Human Resources." Many Burmese scholars are invited to these events and encouraged to "freely" participate and present their papers and research on specific topics. However, all papers and other information presented by scholars at these seminars are banned from public distribution, and reports from these seminars are generally ignored by the military authorities once the event is over. (Source: 2002 Education Report, ABFSU, May 2003)

 

Newsletters, research booklets and academic reviews issued by the departments of various educational institutes have been banned since the start of military rule in 1962. Students are also prohibited from publishing course reviews and study guides, and only government sponsored textbooks on these subjects are available. Moreover, students are discouraged from undertaking research and writing outside of their coursework. (Source: 2002 Education Report, ABFSU, May 2003)

 

In their Country Report on Human Rights Practices - 2004, the U.S. Department of State reported that, “The Ministry of Education routinely warned teachers against criticizing the Government. It also instructed them not to discuss politics at work, prohibited them from joining or supporting political parties or from engaging in political activity, and required them to obtain advance approval for meetings with foreigners." The SPDC continued to coerce professors and teachers into joining the Union Solidarity Development Association (USDA), the government's civilian mobilization organization (sources: Country Reports on Human Rights Practices-2004, the Bureau of Democracy, Human Rights, and Labor, U.S. Department of State, 28 February 2005). University professors are forbidden to say anything critical in their lectures about the curriculum, the education system or the military regime in general. MI and government officials regularly join university meetings to remind academics of these laws and to intimidate them into submission, and there have been reports of MI members infiltrating classrooms and reporting on students and teachers who speak out against the regime. All academic articles and papers are subject to censorship, and academic publications cannot be issued, or even distributed within the university, without government permission. Burmese scholars who criticize the government or contradict government policy are frequently prohibited from publishing articles in their field of study. (Source: 2002 Education Report, ABFSU, May 2003)

 

In 2004, state control over teachers’ lives extended to private teachers as well. In Pa’an, the capital of Karen State, a local teacher reported that local authorities had warned private tuition teachers not to participate in political activities. Those who did not comply were subject to having their teaching licenses revoked. The move was seen by some as an indirect attempt to pressure elected NLD MP Daw Nan Khin Htway Myint, who is also a private teacher, to cease her involvement in politics.  In previous years, government restrictions on teachers’ political involvement were primarily limited to civil servants.  Many students in Burma rely on private teachers due to the low level of education in state schools. (Source: 2004 Education Report, ABFSU, February 2005)   

 

In 2004, students’ political lives were also strictly controlled.  Many students were forced to participate in government groups such as the USDA and the local women affairs committees, which are headed by the wives of military generals and business men.  In some areas, local authorities forced female students to wear the uniforms of the women affairs committee to school.  Government organized rallies were also held, with students and teachers both being forced to attend, often with the promise of better jobs or higher grades for their participation. A recent report from Kalay University in the northwest of Burma noted that the choice of students admitted into the honors-class was based on membership to USDA rather than on a student’s grades.  Students are also selected for scholarships at many universities based on their family connections and affiliations rather than their academic merit. Some students from various ethnic groups are forbidden the right to education in their own ethnic language. (Source: 2004 Education Report, ABFSU, February 2005)

 

Thesis proposals from graduate students studying subjects such as History, Burmese, English, International Relations and Social Development must all be submitted to MI and university authorities for approval. A small number of Burmese students are able to pursue graduate studies at universities in Japan and Singapore through scholarship programs. However, officials from the Burmese Embassy reportedly show up to monitor these students’ thesis defenses to ensure that none of their research could be interpreted as "anti-government." (Source: 2002 Education Report, ABFSU, May 2003)

 

In the past, universities were a site of active resistance to the military regime.  In response, the government has imposed restrictions on social gatherings on campus, and has moved universities to remote locations in order to make organizing gatherings more difficult.  The remote locations also make attending school more difficult.  In March 2004, 400 students protested at Mandalay Computer College because 170 students had been banned by the college administration from taking their exams due to poor attendance.  The college is built in the middle of nowhere - more than 30 miles from Mandalay, between Kyauskse and Sinkgaing – and no dorms were provided on campus for students.  The college ferry buses did not have enough space for all the students, and commuting by city bus was very difficult.  Hence, most students only attended 3 days a week and therefore failed to meet the 75% attendance requirement to take their exams.  The 18 March 2004 protest began with 70 students blocking the administration doors and demanding permission to take their exams, and soon grew to around 400 protesters, according to eyewitnesses. A similar incident occurred at Shwepyitha Computer University in Rangoon, when more than 200 students staged a protest because children of senior military officers were permitted to sit for final exams despite failing to meet the minimum attendance requirement, while regular students were barred for the same reason. (Source: 2004 Education Report, ABFSU, February 2005)  (For additional information on education in Burma please see the chapter on the rights to education and health.)

 

11. 9 Freedom of Speech and Freedom of Expression

 

The SPDC restricts freedom of expression in any form. Government reprisals most commonly fall on those who have expressed criticisms of any aspect of the military's authority or policies.  In 2004, any discussion about the National Convention was strictly curtailed, as was any sort of political demonstration, and the freedom of movement and expression of delegates to the NC were kept under tight control.  (For more information, please see the section above on National Convention).  Individuals were also forbidden from talking about the Depayin incident of May 2003, or the government’s handling of that incident.       

 

Students imprisoned for leaflets

 

On 21 February 2004, the junta sentenced six Dagon University students to between seven and 17 years imprisonment at Insein Prison for organizing a Students’ Union and distributing leaflets critical of the junta’s roadmap to democracy.  The leaflets called on pro-democracy groups and ethnic nationalities to boycott the process.  The six students were arrested in September 2003.  (Source: Blurred Vision, ALTSEAN, 1 January – 31 March 2004)

 

Arrested for peaceful political demonstration

 

On 21 September 2004, U Ohn Than was arrested for protesting outside the United Nations building in Rangoon, wearing a poster that called for a free and fair parliament and for an investigation into the Depayin incident of 30 May 2003.  The following day, Thet Wai Pauk Sa, NLD Chairman from Sanchaung Township, was arrested for providing assistance to U Ohn Than.  Both men were sentenced to two years imprisonment under article 505 (b) of the Penal Code: “intent to cause, or which is likely to cause, fear or alarm to the public or to any section of the public whereby any person may be induced to commit an offence against the State or against the public tranquility.”  U Ohn Than is a former political prisoner. (Source: Report of the Special Rapporteur, Paulo Sergio Pinheiro, to the Commission on Human Rights, Sixty-first session, Item 9 of the provisional agenda, 2 December 2004)

 

NLD members arrested for distributing pamphlets

 

On 5 November 2004, three members of the National League for Democracy (NLD) were arrested by local authorities for distributing pamphlets about the NLD to party members. U Han Sein, U Win Maung and U Than Htut were arrested in Danubyu, near Rangoon, according to U Win Myint, a legal adviser for the NLD.  If charged and convicted, they could face up to 7 years in prison.  (Source: “Three Members of Myanmar’s Opposition Arrested for Distributing Pamphlets,” AFP, 15 November 2004)    

 

Continued detention of monks and nuns

 

According to estimates from human rights groups, a large number of monks and nuns remain imprisoned for their non-violent expressions of dissent or opposition to the military regime.  While the numbers are difficult to confirm, estimates range up to 300, of which at least 100 have been arrested since 2004.  In January 2004, 26 monks (including 25 novices) were sentenced to 18 years in prison for their refusal in November 2003 to accept alms offered by the military. (Source: Report of the Special Rapporteur, Paulo Sergio Pinheiro, to the Commission on Human Rights, Sixty-first session, Item 9 of the provisional agenda, 2 December 2004) (For more information, please see the chapter on Freedom of Religion.)

 

Teashop fined for playing BBC

 

In Ye Township, the Thein Kabar tea shop was accused of creating conflict by playing the Burmese BBC program in the shop.  The teashop was fined 7,000 kyat by local authorities and warned against playing the BBC again.  (Source: “Guilty of Listening to the BBC,” Kao Wao News Group, 27 September 2004)

 

SPDC infiltration of websites

 

An upsurge of news reports and postings criticizing the NLD began appearing on Internet news groups and discussion forums in 2004.  The reports are being posted under the pseudonym “Truth Finder” and pop up regularly to contradict news being posted concerning the democracy movement.  The editor of the Irrawaddy, Ko Aung Zaw, told DVB that, “It is known as the Burmese SPDC military government’s public relations (PR) stunt.”  A similar campaign of infiltrating web sites began ten years ago, with a person or team of people writing under the name Okkar.  (Source: “Upsurge of Electronic News Against Burmese Opposition,” DVB, 21 August 2004)

 

11.10 Freedom of Expression in the Arts

 

Writers, poets, filmmakers, actors, musicians, painters and other artists in Burma are subjected to numerous restrictions which seriously inhibit their freedom of expression. The heavy censorship of the Press Scrutiny Board restricts any artistic expression that might be distributed to repeated themes and only permits the distribution of works whose content refrains from any challenge to the status quo. The censorship board ensures that nothing produced in Burma or imported from outside the country can be interpreted as "anti-military" or "western-influenced," which could be detrimental to "national security" or "culture." The SPDC grants large subsidies, awards, luxuries and opportunities to go abroad to artists who choose to be pro-military and who stay away from expressing any ideas deemed political. Artists who fail to fall in line with government policy are isolated and unable to get their artistic work published, distributed, or displayed. Many well known writers and artists are currently living in exile due to the content of their artistic expression.

 

Artists forced to perform in support of the SPDC

 

In 2004, the SPDC continued their practice of using cultural troupes composed of actors, dancers, singers and musicians to spread the junta's messages to remote areas of the country.  Reportedly, performers are recruited and made to perform skits and songs that praise the military and defame the NLD.  The cost of the performances is paid for by local businesses who are forced to host the events.  The military charged 5,000 kyat from teashops, 10,000 kyat from boarding houses, and 20,000 and 30,000 kyat from bigger businesses and farms, respectively, according to sources in the community of Maung Daw (source: "SPDC Using Cultural Troupes for Propaganda, Defaming Democratic Forces," Narinjara News, 11 January 2005 ). Popular singers were also recruited to sing promotional songs about the National Convention on state-run TV during May and June 2004. 

 

Censorship of Film and Television and Restrictions on Actors

 

Filmmakers in Burma are required to submit their scripts to the Press Scrutiny Board, and the censorship boards are notoriously sensitive about what might be interpreted as "anti-regime." Physical intimacy between lovers, as well as anything deemed too "Western," is also censored.  Filmmakers in Burma are restricted in how much film they can buy, and after the shooting the completed film must again be approved by the censors before it is released. One famous actress, speaking on the condition of anonymity, told the Irrawaddy that the extensive restrictions on films detract from the actor’s possibility to develop their creative abilities.  She said, “All roles and characters we have performed are repetitive. The storylines allowed by the censorship board are always the same. There is no room for creative acting.”  (Source: “Digital Killed the Celluloid Star,” Irrawaddy, March 2004)   

 

Filmmakers are also required to occasionally produce government propaganda films. Actors who work in these films receive benefits and recognition. It has been the case that actors who have participated in pro-military films have won the Burmese Academy Awards. It is also common for actors to be seen in posters or TV specials that promote the army. Beautiful young female actors dressed in military uniforms appear on calendars stating, "We’re with you!" Such actors are given opportunities for great popularity and wealth.

 

The two television stations in Burma are known for their overt endorsement of the military regime, and most of the programming is dedicated to showing the "achievements" of the military. There are a limited number of Chinese TV programs and foreign cartoons which make their way onto the airtime. Foreign films are also subject to censorship.

 

Censorship of Music and Musicians

 

Musicians face many difficulties in finding ways to express themselves through their music in Burma. The economic situation has made music an inaccessible occupation as instruments and music lessons are prohibitively expensive for all but the wealthy military and business elite, and performance venues are hard to find.  Music lyrics are put through the same censorship as other writings, and even the musical style itself is often censored. Rock and Roll music is now common in Burma, and other western influenced styles, such as rap, are making their way in, but most western music is not widely available. Instead, Burma has an active "copy" industry, where original western melodies are converted into Burmese lyrics deemed un-harmful to the regime or the "national culture." The regime continues to monitor dress styles and hairstyles of musicians, and forbids them to dance on stage. The regime encourages (through the offering of privileges) musicians to sing government and pro-military songs and to perform at government sponsored events. Those who attempt to refuse are threatened with not being able to have their music produced.  In the case of Khin Maung Toe, the MI allegedly threatened him with imprisonment or "disappearance" if he didn’t agree to perform in support of the National Convention.  (Please see section on National Convention, above) 

 

Burmese dissident groups in exile are increasingly using songs and other forms of art to spread their messages inside Burma, in an attempt to avoid the government’s strict import regulations on political material. These attempts have been met with limited success.  The exiled Burmese hip hop band Myanmar Future Generation (MFG), whose songs contain lyrics about freedom and democracy, has been specifically targeted by the SPDC.  At the end of June 2004, the MI in Taunggyi, Shan State, began investigating reports that a student group called New Generation were downloading MFG songs and distributing the CDs throughout Shan State.  MI were told to punish anyone caught with the offending CD.  On 20 June, members and concert organizers of the hip hop band 9mm were arrested following a concert at the Strand Hotel in Rangoon, during which they performed several MFG songs. The arrestees were reportedly taken to an unknown location in Rangoon for interrogation and released on 9 July.  (Source: “Burma Alert: Military Intelligence Cracks Down On Distribution of Politically-Sensitive Songs; Band Members and Concert Organizers Arrested,” Southeast Asian Press Alliance via IFEX, 15 July 2004)

 

In October 2004, border security guards were put on high alert by officials in Rangoon to search for and confiscate copies of the album "For the Lady" being brought into Burma.  The album, released in the U.S., features 27 songs by well-known musicians such as U2, Eric Clapton, Coldplay and the Indigo Girls, and was created to raise funds for the U.S. Campaign for Burma and to raise awareness about Daw Aung San Suu Kyi’s continued detention. (Source: “No ‘For the Lady’ in Burma Says Burma Junta,” DVB, 12 October 2004)  

 

In February 2004, two prominent rock bands had their tours abroad cancelled by the Burmese authorities.  First, the rock band Iron Cross had the continuation of its tour from the U.S. to England cancelled, with the Burmese junta offering no public announcement of the cancellation. A week later, the Burmese rock band Emperor had its two week Australian tour cancelled shortly before it was slated to begin.  The band’s musicians Zaw Win Htut, Ringo, Tun Eindra Bo and Tint Tint Tun had been sponsored by the Culture and Arts Developers (CAD) and said that no reason was given for the cancellation. According to sources, the two cancellations were not related to each other. (Source: “Another Rock Band Had Tour Abroad Cancelled,” Mizzima, 18 February 2004) 

 

Censorship of Painting, Photography, Sculpture, other Visual Arts, and Performance Art

 

Painters, photographers, sculptures and other visual artists are also subjected to military scrutiny. As visual art played an important role in the 1988 uprisings, the regime has taken efforts to put an end to art deemed "revolutionary." After the military reestablished power in 1988, the fine-arts building at Rangoon University was destroyed and the fine arts program discontinued. Today, it is only possible to study visual arts under private tutorship, or at the Cultural University (CU) in Rangoon. The CU, a military institute, is a prime example of the situation of artistic expression in Burma. According to an ABFSU report, The Current Education System in Burma, the CU only accepts 100-150 students per year and all students are required to be USDA members. The authorities at the CU admit students according to such requirements, without first ascertaining the applicants’ artistic abilities. In addition, the Minister of Culture has told CU students that if they do not participate in any student strikes or demonstration, the regime will ensure them positions as officers in government administration. At the CU, students of Music and the Dramatic Arts are denied the chance to study international music and western plays, due to prohibitions from the military regime. The professors, lecturers and schoolmasters of the university are academics from the elite military society and military servicemen.  Many visual artists rely on self-study and assistance from art books, which are scarce and expensive in Burma. 

 

In her book, Living Silence, author Christina Fink reports that in Burma, art exhibition organizers are required to submit a detailed written description of each of the art items to the Information Ministry prior to any art exhibition. Then, before the exhibition opens, the authorities come to do a final inspection. If any of the art pieces are considered to be "subversive," the art is not only taken down or taken away, but the artwork itself is also stamped "censored." 

 

Since visual art is more open to interpretation than writing, it has been noted that the restrictions on visual artists are not as harsh as those on writers.  Some artists reported that when the government asks if their works are political or subversive, the artists avoid censorship by arguing that their works are Buddhist in nature.  Regulations do seem to be loosening a little, and one artist stated that these days most exhibitions are held without official permission. (Source: “The Renaissance of Burmese Art,” Irrawaddy, 1 February 2004) 

 

Performance art in Burma also operates under strict restrictions.  The SPDC has promoted dance as part of its campaign to retain "national culture." Yet, dancers are only given career opportunities in such government sponsored campaigns or events. Comedy also suffers under the military eye, and comedians who make jokes, however innocent, that are considered to be "disruptive" are often threatened, interrogated, or even detained

 

11.11 Control of Computer Technology and Communications

 

Telecommunications in Burma

 

Telephones have greatly increased in Burma over the last decade but they still remain relatively limited outside of cities. There is approximately one telephone for every 200 people, with this ratio rising in rural areas. The use of mobile phones in Burma has steadily increased since their introduction in the 1990s. In 2004, the U.S. State Department reported that "(government) security personnel regularly screened private correspondence and telephone calls and monitored normally protected communications" (source: Country Reports on Human Rights Practices-2004, the Bureau of Democracy, Human Rights, and Labor, U.S. Department of State, 28 February 2005). The SPDC also maintained heavy control of all electronic communication equipment through the use of licensing and rationing policies. The possession of unregistered equipment such as telephones, fax machines, or modems was punishable by imprisonment and/or a fine. The law regulating this was enacted in 1996 and those found guilty of transgressing it can face up to 15 years imprisonment. (Source: "Internet Censorship and Burma: Does the End Justify the Means?” Wired, 18 March 2003)

 

Though laws, such as the Burma Wireless Telegraphy Act 1933 (see above), are already in place to control the use of telecommunications equipment, the SPDC began in May 2003 to draft a new communications law which would further serve to regulate the slight, but growing, use of telecommunications equipment and services. (Source: “Myanmar Drafts New Communications Law,” Xinhua, 6 October 2003)

 

The Internet and Electronic Mail in Burma

 

The Internet was officially introduced in Burma in January 2000 when the Ministry of Post, Telegraph and Communications became the sole internet provider in the country. Initially, to connect to the Internet, individuals and businesses first had to obtain a license from the ministry. This was extremely difficult for the average citizen, as priority was first given to government officials and organizations, then to foreign embassies and foreign businesses and finally to favored local businesses. In March 2002, Bagan Cybertech, a "semi-government" company run by the son of the Military Intelligence chief, Lt. Gen. Khin Nyunt, and its private joint venture partner, Maykha, began offering public e-mail accounts and restricted internet access. Overall, this has done little to democratize internet access, as the company requires that customers pay an installation fee of US$ 260, which puts access out of reach for most of the population who make an average income of about US$ 15 a month.

 

According to a Rangoon-based business man, Bagan Cybertech has been "paralysed" by the deposition of former Prime Minister Gen Khin Nyunt in October 2004.  Prior to his arrest, the company had been thriving under the direction of Khin Nyunt’s son, CEO Ye Naing Win. According to a report from a western embassy, before the government purge, Bagan Cybertech was “49 percent owned by the privately-owned May Hka group, which runs fashion boutiques, coffee shops and cyber cafes in Rangoon; 30 percent by MI; 10.5 percent by Aung Ko Win, the chairman of Kanbawza Bank; and the remaining 10.5 percent shared by a group of foreigners.”  Since Khin Nyunt's ousting, it has been difficult to confirm who is running the show.  It is speculated that the technical operations are being run by the military signals intelligence unit and that other duties have been taken over by the Myanmar Posts and Telecommunications. After the changes in management, several BaganNet subscribers complained that they were unable to access their accounts, and as of January 2005 the company was no longer authorized to grant new accounts.  For the people of Burma, this is a step backwards in their access to free and uncensored information. It remains unclear what the future of internet access will be under the country’s new leaders. (Source: “Reading the Cybertech Signposts,” Irrawaddy, March 2005)

 

A spokesperson at Bagan Cybertech stated that over 30,000 people had registered for e-mail accounts in 2004 – an increase of 10,000 since last year.  Xinhua news agency reported that the number of internet users had grown to nearly 70,000 since 2000, and that there has been a 133% increase in the number of internet subscribers within the past year (source: “Number of Internet Users in Myanmar Rising,” Xinhua, 21 July 2004).  The Irrawaddy estimated that 35,000 of Burma’s 52 million people browsed the web regularly in 2004, either at home or in internet cafes. In addition to Bagan Cybertech dial-up accounts, there were also approximately 1,000 ADSL digital-line subscribers, who were nearly all located in Rangoon or Mandalay.  There are an estimated 100 iPSTAR satellite accounts which are used in the countryside. Very few people outside of the country’s major urban areas have any access to the internet. (Source: “How to Fool the Cyber Spooks,” Irrawaddy, March 2005) 

 

Through Bagan Cybertech, public users are allowed to send and receive e-mails and have access to about 12,000 websites - an increase from the 900 accessible websites in 2003. One sales manager for BaganNet said that in the future they will try to open up more sites requested by subscribers, but only if this is cleared with the board members, who are members of the military elite. Sales manager Ye Htut stated, "Internet users will be able to access all websites except free e-mail and sites which could have an ill-effect on Myanmar culture." Sites currently accessible include computer-related sites, corporate websites for hotel chains, airlines, international banks, electronics companies, sports sites, a few foreign universities, the World Bank, the International Monetary Fund and Nasdaq.  However, internet users are blocked from access to any international news sites, web-based e-mail accounts or search engines. The government also monitored all e‑mail communications. (Sources: “How to Fool the Cyber Spooks,” Irrawaddy, March 2005; Country Reports on Human Rights Practices-2004, the Bureau of Democracy, Human Rights, and Labor, U.S. Department of State, 28 February 2005). At present, some companies and NGOs that have close ties to the government are being allowed to apply for accounts that will allow them unrestricted internet access. However, it is unknown whether or not this permission will be granted by the government. Prices for these accounts are very steep, at US$ 500 for installation charges, US$ 300 in annual maintenance charges, as well as regular monthly charges.

 

One law, enacted in 1996, bans the use of the Internet to "undermine the state, law and order, national unity, national culture or the economy." Those who transgress this law risk up to 15 years in jail. The rules also ban any online material considered by the regime to be harmful to the country's interests and any message that directly or indirectly jeopardizes government policies or state security secrets. (Source: "Internet Censorship and Burma: Does the End Justify the Means?," Wired, 18 March 2003)

 

On 10 March 2003, the first two public internet cafes were opened in Rangoon where users pay 1,000 kyat for an hour of online access. Users were required to register their name, identification number and contact address on their first visit to either of these locations (source: “First Internet Cafes Launched," Irrawaddy, 21 May 2003). According to the local newspaper 7Day, in 2004 there were approximately 20 internet cafes in Burma’s largest cities.

 

The military government, in collaboration with fifty private companies, opened two Information and Communication Technology (ICT) Parks in Rangoon in 2001 and in Mandalay in August 2002 as an attempt to boost Burma’s software industry.  In January 2004, the ICT Park in Rangoon hosted its third week-long Computer Fair, during which the Park was open to the public and visitors could see the latest computers, use the internet for free and play games.  One staff member estimated that there were 4,400 visitors to the Park on 21 January.  Throughout the week, Bagan Cybertech was offering a promotional rate of one year internet access for 49,000 kyat (US$ 49) instead of the usual 60,000 kyat.  Bagan Cybertech also launched an “Access Prepaid Dial-up Kit” in October, which costs between 8,000 and 28,000 kyat and gives subscribers a certain number of access hours to be used within a given time period.  The kits were being sold at Internet Cafes and computer shops in Rangoon and Mandalay (source: “Technology Fair Opens,” Irrawaddy, 22 January 2004).

 

In Burma it remains illegal for companies to operate unlicensed private computer networks connected to their overseas offices. On 10 July 2002, the Ministry of Post, Telegraph and Communications issued an order stating that companies must obtain permission to establish such networks, which could be used to connect to the Internet. Those found to be in violation of this order can face from seven to 15 years in jail (source: AP, 2002). The government also monitors the content of e-mails for any "anti-nationalistic" sentiment. At the beginning of 2000, the Ministry of Post, Telegraph and Communications issued regulations for the Internet in which any mention or discussion of politics was explicitly banned.

 

In an effort to boost Burma’s computer literacy rate, the Myanmar Information and Communication Technology Standardization Steering Committee was developing local language versions of the Microsoft Windows operating system, according to the Myanmar Times.  The project began in October 2003 and was slated to be finished by the end of 2004.  According to estimates from the information technology industry, there are more than 300,000 personal computers in Burma, and approximately 30,000 are sold annually. (Source: “Myanmar to Create Local Language Version of Windows,” Japan Economic Newswire, 29 March 2004) 

 

The SPDC also announced plans in 2004 to introduce a range of e-government services, as the first stage in the implementation of the e-ASEAN agreement.  The agreement, reached at the ASEAN summit in Singapore in October 2000, is aimed at narrowing the information technology gap among ASEAN member countries. Under the agreement, Burma is receiving training assistance from ASEAN to boost its IT capacity.  It is unclear what impact these changes to government record-keeping will have on the people of Burma.  (Source: “Myanmar to Introduce E-Government Services in Capital,” Xinhua, 7 January 2004) 

 

In April 2004, the junta enacted the Electronic Transaction Law, an eight chapter law pertaining to the use and transfer of information, records and data messages used in the context of commercial and non-commercial activities. The Minister of Communications, Posts and Telegraphs will be the chairman of a central body formed to oversee the new law.  (Source: “Myanmar Enacts Electronic Transaction Law,” Xinhua, 1 May 2004)

 

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