Burma is not an electoral democracy. The SPDC rules by decree; controls all executive, legislative, and judicial powers;
suppresses nearly all basic rights; and commits human rights abuses with impunity. Military officers hold most cabinet positions,
and active or retired officers hold most top posts in all ministries, as well as key positions in the private sector.
Since rejecting the results of the 1990 elections and preventing the unicameral, 485-seat Peoples Assembly from convening,
the junta has all but paralyzed the victorious NLD party. Authorities have jailed many NLD leaders, pressured thousands of
members to resign, closed party offices, harassed members families, and periodically detained supporters to block planned
meetings. Hundreds of NLD members were arrested for their participation in the 2007 protest movement. Besides the NLD, there
are more than 20 ethnic political parties that remain suppressed by the junta. In November 2008, about 40 dissidents, including
14 members of the 88 Generation Students, were each sentenced to 65 years in prison.
The May 2008 constitutional referendum was not free or fair. The preelection period was marked by voter-list manipulation
as well as intimidation aimed at opposition campaigners. Voters reported being required to print identifying information on
their ballots and being watched by officials as they voted. The SPDC did little to promote public awareness about the contents
of the draft constitution and banned public debate. The draft was not translated into any minority language. The junta also
forbade international observers and failed to create an independent election committee.
In a system that lacks both transparency and accountability, official corruption is rampant at both the national and local
levels. Transparency International gave Burma, along with Iraq, the second-to-worst ranking out of 180 countries surveyed
in its 2008 Corruption Perceptions Index.
The military government sharply restricts press freedom and either owns or tightly controls all daily newspapers and broadcast
media. Although the market for private publications is growing, the military subjects private periodicals to prepublication
censorship and restricts the importation of foreign periodicals. Crackdowns on the media continued in 2008. The number of
imprisoned journalists and bloggers rose from nine at the beginning of the year to 14at years end, with sentences as long
as 59 years being imposed. The censorship board suspended one magazine for printing a story without permission and shut down
another. The junta stepped up surveillance at internet cafes and sharply raised the fees for satellite dish licenses. Outspoken
critics of the referendum were threatened or arrested. In April, about 60 people were arrested in Rakhine state for wearing
vote no T-shirts. After the cyclone, journalists were forbidden to enter damaged areas, publish close-up pictures of corpses,
or report unofficial death tolls. Artists, writers, and filmmakers were also persecuted during 2008. On the first anniversary
of the 2007 protests, the junta released nine prisoners of conscience, including journalist U Win Tin, Burmas longest-serving
political prisoner. At the same time, three Burmese news agencies in exile came under cyber-attack. In November, the junta
sentenced several journalists to harsh prison terms ranging from seven to 20 years.
The 2008 constitution provides for freedom of religion. It distinguishes Buddhism as the majority religion but also recognizes
Christianity, Islam, Hinduism, and animism. According to the U.S. State Department, the government at times interferes with
religious assemblies and discriminates against minority religious groups. During the crackdown on the 2007 uprising, authorities
raided monasteries and arrested thousands of monks, and those detained were reportedly abused and forcibly defrocked. Monasteries
were subsequently kept under close surveillance.
Academic freedom is severely limited. Teachers are subject to restrictions on freedom of expression and publication and
are held accountable for the political activities of their students. Since the 1988 student prodemocracy demonstrations, the
junta has sporadically closed universities, and most campuses have been relocated to relatively isolated areas to disperse
the student population.
Freedoms of association and assembly are restricted. Unauthorized outdoor gatherings of more than five people are banned,
and authorities regularly use force to break up or prevent demonstrations and meetings. During the fall 2007 protests, the
government imposed curfews and beat or arrested thousands of peaceful protesters. Many are thought to have been killed in
the crackdown.
Some public-sector employees and ordinary citizens are compelled to join the USDA. Domestic human rights organizations
are unable to function independently, and the regime generally dismisses scrutiny of its human rights record. International
humanitarian efforts have expanded but face severe restrictions. Many small NGOs provide social services in remote areas but
also face threats to their activities.
Independent trade unions, collective bargaining, and strikes are illegal, and several labor activists are serving long
prison terms. The regime continues to use forced labor despite formally banning the practice in 2000. Laborers are commandeered
to construct roads, clear minefields, porter for the army, or work on military-backed commercial ventures. The practice appears
to be most common in states populated by ethnic minorities. After Cyclone Nargis struck in May 2008, there were numerous reports
of storm victims being used as forced labor. In February 2007, the regime pledged to allow victims of forced labor to submit
complaints to local offices of the International Labor Organization (ILO) without fear of retaliation. However, in 2008 a
number of people who had attempted to do so remained in detention, and members of the ILO liaison network, consisting of human
rights and labor activists from all over Burma, continued to face arrest and harassment.
The judiciary is not independent. Judges are appointed or approved by the junta and adjudicate cases according to its decrees.
Administrative detention laws allow people to be held without charge, trial, or access to legal counsel for up to five years
if the SPDC concludes they have threatened the states security or sovereignty. Some basic due process rights are reportedly
observed in ordinary criminal cases, but not in political cases, according to the U.S. State Departments 2008 human rights
report. In May 2008, the junta extended the detention of Aung San Suu Kyi, who had served 13 of the past 19 years
under house arrest with no charges.The frequently used Decree 5/96, issued in 1996, authorizes prison terms of up to 20 years
for aiding activities which adversely affect the national interest. The Assistance Association for Political Prisoners of
Burma (AAPPB) and Amnesty International estimate that the number of political prisoners increased from 1,192 in August 2007
to 2,123 in September 2008. Among those, 700 to 900 were arrested for participation in the 2007 uprising. Political prisoners
are frequently held incommunicado in pretrial detention, facilitating torture. Since the end of 2005, the International Committee
of the Red Cross (ICRC) has been barred from conducting independent visits to prison facilities. In April 2008, authorities
in Rangoons Insein prison enacted regulations denying visitations rights for nonfamily members, effectively putting an end
to nongovernmental programs providing food and other aid to inmates. Conditions at Insein prison have worsened since prison
guards shot and killed 36 inmates during the panic associated with Cyclone Nargiss landfall.
Some of the worst human rights abuses take place in the seven states populated mostly by ethnic minorities, who comprise
roughly 35 percent of Burmas population. In these border states, the military kills, beats, rapes, and arbitrarily detains
civilians. The Chin, Karen, and Rohingya minorities are frequent victims. According to a March 2007 report released by the
Womens League of Chinland, Burmese soldiers rape and beat Chin women with impunity and are promised 100,000 kyat ($16,000)
for marrying Chin women as part of a strategy of Burmanization. The majority of Rohingya are denied citizenship and face severe
restrictions on their freedom of movement, their right to own land, and their ability to marry. However, the Office of the
UN High Commissioner for Refugees estimates that 35,000 temporary registration cards were issued to Rohingya in 2007 and additional
48,000 were issued between January and May 2008.
Seventeen rebel groups have signed ceasefire deals with the junta since 1989, under which they retain effective administrative
autonomy and their own militias. However, the Karen National Liberation Army and at least five other groups maintain low-grade
insurgencies. Some rebel armies have reportedly displaced villagers, used forced labor, and recruited child soldiers. A renewed
government offensive in Karen state in 2005 has continued through 2008, displacing some 40,000 Karen. Several reports have
accused the military of targeting civilians and destroying food supplies. Tens of thousands of ethnic minorities in Shan,
Karenni, Karen, and Mon states live in squalid and ill-equipped relocation centers set up by the military. In addition, according
to Refugees International, several million Burmese have fled to neighboring countries. Thailand hosts at least 150,000 Karen,
Mon, and Karenni in refugee camps near the border, as well as hundreds of thousands more who have not been granted refugee
status. An estimated 26,000 Rohingyalive in refugee camps in Bangladesh.
Burmese women have traditionally enjoyed high social and economic status, but domestic violence is a growing concern,
and women remain underrepresented in the government and civil service. Several 2007 reports by the Womens League of Burma
(WLB) detailed an ongoing nationwide pattern of sexual violenceincluding rape, sexual slavery, and forced marriageagainst
women by military personnel and other authorities. In 2008, the WLB called for the generals to be taken to the International
Criminal Court for the systematic use of rape as a weapon against ethnic minorities. Criminal gangs have in recent years trafficked
thousands of women and girls, many from minority groups, to Thailand and other destinations for prostitution, according to
reports by Human Rights Watch and other organizations. The Coalition to Stop the Use of Child Soldiers named Burma as
the most persistent user of child soldiers in 2008.