Author: Shirley Lin
December 24, 2024
Myanmar's government repeatedly detains thousands of activists and protestors without clear legal justification, reflecting the broader pattern of human rights abuses that stifle efforts for democratic reform. Lack of due process and violation of personal liberty are grave violations of human rights, especially as 25,000 Burmese citizens have been estimated to have their freedoms unlawfully restricted, resulting in psychological harm and distress (Tan, 2024). To provide context for this erosion of liberty, this paper will examine the political landscape over the past four years that has contributed to the widespread detention of individuals, detail the international condemnation of Myanmar’s human rights abuses, and advocate for increased awareness of the importance of support networks that enable families of detainees to share information and mobilize for advocacy efforts.
Myanmar has been under military rule since its independence from British rule in 1948. Despite multiple attempts to establish civilian rule, where elected representatives govern the nation, the military has consistently interfered with the constitution to block efforts to remove its control. In 2008, the military created a loophole within the constitution, allowing them to hold 25% of legislative seats. This institutionalized their influence over governmental affairs and ensured that elected officials would serve the military’s agenda (McKenna, 2024). In addition, a clause was put in place that facilitates power transfer to the military when the president officially declares a state of emergency. In 2020, civilian rule was almost established by election, only to be deferred by the military. Although the National League for Democracy (NLD) won by a majority, winning precisely “346 seats, more than the 322 seats needed to form the next government” (CNN, 2020), the military-backed Union Solidarity and Development Party (USDP) alleged electoral fraud, heightening tensions between both parties and furthering political instability. On February 1, 2021, the military decided to strengthen its influence by seizing power and detaining important NLD members. Furthermore, the military invoked a one-year state of emergency, facilitating a complete evasion of checks and balances. Opposed to the military’s overthrow of the NLD, people’s responses were anything but complacent. Peaceful protests in the form of the “Spring Revolution” broke out, which led to a violent response from the military where “NLD officials and other citizens who have been arrested have been tortured and killed while in military or police custody” (Bynum, 2021). However, there has also been concern for minority ethnic groups as there has been historical marginalization of the Rohingya, Kachin, Karen, and Shan. As the very tenets of many international organizations rest upon protecting and preserving human rights and lawful due process, there was much international debate on addressing such a heartbreaking humanitarian situation (Foreign, 2021).
As the world watched the grave abuses of human rights occur, the United Nations Security Council adopted resolution 2669, pushing for the Myanmar military to release all arbitrarily detained prisoners immediately (United Nations, 2022). On August 23, 2023, the United States Mission to the United Nations released a joint statement on Myanmar expressing their concern for civilians within Myanmar. This joint statement not only condemns Myanmar’s military rule but also affirms resolution 2669, calling for the release of arbitrarily detained prisoners. It reinforces support for Association of Southeast Asian Nations (ASEAN) as an essential regional body, emphasizing the importance of regional cooperation. The statement highlights the responsibility of ASEAN’s chair to enforce the “Five Point Consensus,” which urges dialogue, an immediate end to violence, and the involvement of a special envoy to facilitate humanitarian assistance (Bernama, 2024). In addition to the United States and United Nations, other organizations such as Human Rights Watch, the International Criminal Court, and Amnesty International have been outspoken about the issue, presenting not only personal accounts of human rights abuses to amplify the voices of victims but also aiming to continue speaking about this human rights issue to ensure the West does not forget.
Arbitrary detention profoundly impacts the families of victims, leading to emotional distress, financial hardship, increased vulnerability, and health issues. Protecting personal testimonies is crucial for creating historical records and advancing activism and advocacy for human rights. Before testimonies are shared to provide faces to abstract statistics, it is essential to establish comprehensive support networks that enable families to grieve and share their stories. One notable example is Hostage International, which focuses on assisting individuals who have experienced kidnapping or arbitrary detention, as well as their families. By providing training and resources to government departments and Non-governmental Organizations (NGO), Hostage International plays a vital role in fostering a safe environment where personal testimonies can resist and counteract human rights violations. With increased funding, these training programs can extend their reach globally, ensuring that families and victims receive the essential, accessible, and confidential support they deserve—transforming isolation and suffering into solidarity and action.
The media’s attention is often fleeting, and since the 2021 coup, discussions of Myanmar’s military human rights abuses have diminished. However, the urgent issue of arbitrary detention persists, with tens of thousands of activists and protestors unlawfully detained, resulting in severe psychological harm (Amnesty International, 2022). The international community’s response must evolve beyond condemnation; funding support systems for victims and their families is essential to amplify their voices and ensure their stories are not forgotten. Advocating for the preservation of personal testimonies is crucial for activism, as the fight for justice and accountability is a collective responsibility. Sustained awareness and commitment are necessary to effect meaningful change and uphold the fundamental rights of all individuals.
Glossary
Arbitrary detention: Occurs when an individual is arrested and detained by a government without due process and without the legal protections of a fair trial, or when an individual is detained without any legal basis for the deprivation of liberty.
Deprivation: An act or instance of withholding or taking something away from someone or something.
Due process: A course of formal proceedings (such as legal proceedings) carried out regularly and in accordance with established rules and principles.
Ethnic group: A social group or category of the population that, in a larger society, is set apart and bound together by common ties of race, language, nationality, or culture.
Solidarity: Unity (as of a group or class) that produces or is based on community of interests, objectives, and standards.
Tenet: A principle, belief, or doctrine generally held to be true, especially one held in common by members of an organization, movement, or profession.
Sources
Amnesty International. (2022, August 2). Myanmar: Detainees tortured to crush opposition to coup. https://www.amnesty.org/en/latest/news/2022/08/myanmar-detainees-tortured-to-crush-opposition-to-coup/
ASEAN to conduct comprehensive review on 5 point consensus on Myanmar. (n.d.). BERNAMA. https://www.bernama.com/en/news.php?id=2322605#:~:text=The%20five%20points%20of%20consensus,to%20meet%20with%20all%20parties
BBC News. (2020, November 13). Myanmar: Aung San Suu Kyi’s party wins majority in election. https://www.bbc.co.uk/news/world-asia-54899170
Bynum, E. (2021, August 11). Myanmar’s Spring Revolution. ACLED. https://acleddata.com/2021/07/22/myanmars-spring-revolution/
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McKenna, A. (2024, September 10). 2021 Myanmar Coup d’Etat | History, facts, & explained. Encyclopedia Britannica. https://www.britannica.com/event/2021-Myanmar-coup-d-etat
Security Council demands immediate end to violence in Myanmar, urges restraint, release of arbitrarily detained prisoners, adopting Resolution 2669 (2022) | Meetings coverage and press releases. (2022, December 21). https://press.un.org/en/2022/sc15159.doc.htm
Tan, D. (2024, May 9). Myanmar: Abysmal human rights and rule of law situation deteriorates further three years after the coup. International Commission of Jurists. https://www.icj.org/myanmar-human-rights-and-rule-of-law-situation-increasingly-abysmal-three-years-after-the coup/#:~:text=Credible%20information%20indicates%20that%20at,expression%2C%20peaceful%20assembly%20and%20association