TABLE OF CONTENT
Evaluation of Human Rights Violation Related to the Detention of Political Prisoners in China, Vietnam, and Burma.
I. Introduction
1-1-Problem definition:
1-2-Purpose of this paper:
1-3-Methodologies:
1-4-What and who are Detention and Political Prisoners?
II. Situations and Causes of Detention of Political Prisoners in China, Vietnam, and Burma
1-Situation of Detention of Political Prisoners in China, Vietnam, and Burma
1-1-China
1-2-Vietnam
1-3-Burma
2-Causes of Detention of Political Prisoners in China, Vietnam, and Burma
2-1-Causes of detention of political prisoners in China:
2-1-1-Disclosing state’s secret, Subversion, Counterrevolutionary and Political Activities
2-1-2- Lack of independence of Judiciary
2-1-3- Role of Police and Security Apparatus
2-2- Causes of detention of political prisoners in Vietnam:
2-2-1-Disclosing state’s secret, Subversion, Counterrevolutionary and Political Activities
2-2-2- Lack of independence of Judiciary
2-2-3- Role of Police and Security Apparatus
2-3- Causes of detention of political prisoners in Burma:
2-3-1-Disclosing state’s secret, Subversion, Counterrevolutionary and Political Activities
2-3-2- Lack of independence of Judiciary
2-3-3-Role of Police and Security Apparatus
III. III. State’s International Political Rights Obligations:
1- China's International Political Rights Obligations
2- Vietnam's International Political Rights Obligations:
3- Burma's International Political Rights Obligations
IV. Analysis:
-Compare China against itself between 2006 and 2007
-Compare China to Vietnam
-Compare China to Burma
V. Conclusion:
References
Evaluation of Human Rights Violation related to the Detention of Political Prisoners in China, Vietnam, and Myanmar.
I: Introduction:
1-1-Problem definition:
The Detention and Human Rights abuses in China, Vietnam, and Myanmar have became chronic and serious diseases in Southeast Asia. The human rights record from the governments remained poor. Records from independent and credible sources reported that, the governments’ officials continued to commit numerous and serious abuses. All freedoms, such as freedoms of religions, assembly, association, political participation, were restricted.
The governments used a lot of forms to suppress the rights of their people. In this reason, there are a lots of detainees were detained in the prisons and other places. There are also different kinds of detainees were detained. But, most of the detainees were considered as political prisoners.
1-2-Purpose of this report:
This report has the purpose:
To monitor and evaluate situation of human rights related to the detention of political prisoners between China, Vietnam, and Burma.
To find out the strength and the weakness of human rights those countries conducted.
To know the similarities and differences between disclosing state’s secret, counterrevolutionary, politically sensitive activities, role of police, security apparatus and so on, those countries conducted.
To realize how political prisoners or detainees were detained by those countries.
1-3- Methodologies:
The methodologies of the comparisons based on the data collection concerned with the detention of political prisoners and human rights violation that those countries committed:
-Book reading in library,
-Researching on the Website
-Human Rights Watch,
-Amnesty International,
-Office of High Commissioners for Human Rights,
-Report from U.S. Department of State…,
1-4- What and who are Detention and Political Prisoners?
The definition of these terms as the following:
Detention is the state of being kept in a place, especially in a prison and prevented from leaving[1]. Anyway, detention generally refers to a state or government holding persons in a particular area, either for interrogation, as punishment for wrong doing, or as precautionary measure while investigating a potential threat posed by those persons.
A Political Prisoner[2] is someone held in prison or otherwise detained, perhaps under house arrest, because of their ideas or images is deemed by a government to either challenge or threatens the authority of the state.
II. Situations and Causes of Detention of Political Prisoners in China, Vietnam, and Burma
As known, China, Vietnam, and Burma are the authoritarian states in Southeast Asia for a long time, as specified in their constitutions. Therefore, situations and causes of political prisoners worsen from time to time.
1-Situations of Detention of Political Prisoners in China, Vietnam, and Burma
Law prohibits arbitrary detentions of political prisoners and provides the freedoms to people to involve with social movements. But, everything exists in only the papers, but the real practice is not same the paper said. The Intimidation, suppression, harassment, and detention of political prisoners are bad from year to another year. China, Vietnam, and Burma are the focal countries that international communities and UN agencies strongly worried and concerned.
1-1- China
China has been ruled by the Chinese communist party. It is the key source of its own power. It (CCP) has dominated and ruled China since 1949. CCP also has highest organ for strengthening and enlarging its own power, called National Party Congress (NPC). NPC can elect a Central Committee at every meeting one time for five years and the Central Committee also has annual meeting to select its own Political Bureau and Standing Committees to oversee the party affairs. Moreover, In order to strengthen and maintain its power, Chinese government also changes CCP members in key government posts and strengthen its central committee during each meeting.
The situation of human rights violation was very poor. There was a trend towards increased harassment, detention, and imprisonment by government and security authorities of those perceived as threatening to government authorities[3]. Government also adopted measures to control more tightly print, broadcast and electronic media, and censored online content. Freedoms were restricted, suppressed, and harassed. All activists, religious, democratic, and political activists were detained. Government dismissed to hold any political prisoners, asserting that authorities detained persons not for their political or religious views, but because they violate the law, however, the authorities continued to confine citizens for reasons related to politics and religions[4].
1-2-Vietnam
Vietnam has operated the Socialist Republic regime, so-called the Socialist Republic of Vietnam. The Socialist Republic of Vietnam is a de facto one-party and an authoritarian state, ruled and controlled by the Communist Party of Vietnam[5] (CPV). The power of ruling party is dominating the other state’s powers-legislative and judicial, similar to China. The separations of power only exist in writing but in practice these powers are mostly in hand of that party. Because of inequality of the power separation, government, especially police and security apparatus under control of government, committed arbitrary arrest and detention to its own people.
The situation of human rights violation was very poor as well. There was a trend towards increased harassment, detention, and imprisonment by government and security authorities of those perceived as threatening to government authorities. Government also adopted measures, regulations, and other apparatus to control more tightly print, broadcast and electronic media, freedoms, and other activities. Freedoms were restricted, suppressed, and harassed. All activists, religious, democratic, and political activists were detained.
1-3-Burma
Burma has been governed or ruled by a succession of highly authoritarian military regimes. Based on the history, Burma looks similar to Vietnam and China. Nowadays, the State Peace and Development Councils (SPDC), led by Senior General Than Shwe, was the country’s de facto government, with subordinate peace and development councils ruling by decree at the division, state, township, ward, and village levels. Military officers get the ultimate power for all levels of the government.
Because of these countries are the authoritarian states and powers in the central like this, that why government officials violate the law and continued to confined citizens for reasons related to politics and religion.
The government’s human rights record remained poor and unsatisfactory for these countries. Government officials at all the levels continued to commit serous abuses.
The government can do everything including killing, intimidating, arrest, especially, detention of their citizens without warrant from judiciary, etc, under the reason of protection of social order, safety, and stability of the state.
Therefore, the situation of human rights violations in China, Vietnam, and Burma worsened. The detainees were imprisoned on charges of religious and political activities. These three countries have increased their controls over political activists[6]. Governments have increased harassment, intimidation, detention, and imprisonment to all activists by using judiciary and role of police and security apparatus, especially for accusation of disclosing state’s secret, Counterrevolutionary and Politically Sensitive Activities, and Counterrevolutionary.
2-Causes of Detention of Political Prisoners in China, Vietnam, and Burma
Political, democratic activists and other revolutionaries faced serious challenges stemming from detentions the three governments. Governments accused and detained them due to many causes and reasons. So, for realizing the causes of detention of political prisoners in these countries, let’s get to know as the following:
2-1-Causes of Detention of Political Prisoners in China:
The unlawful detentions remained serious problems in China. The Chinese government claimed that she has to eliminate the unlawful detentions, but that claiming was meaningless, the real practice was different. Law also permits police and security authorities to detain persons without arresting or charging them. Therefore, Chinese government accused citizens for arrests and detentions by different ways, but the main allegations for detentions are disclosing state’s secret, subversion, counterrevolutionary, politically sensitive activities, lack of independence of judiciary, and role of police and security apparatus.
2-1-1-Disclosing State’s Secret and Subversion, Counterrevolutionary and Politically Sensitive Activities:
Conviction on charges of leaking state secrets and subversion continue to result from vaguely-worded state security and state secret laws.
The secret was a directive banning journalist from reporting on the presence of overseas dissidents seeking to commemorate the fifteenth anniversary of the Tiananmen massacres.
Related to state’s secret and subversion include freedom of expression, speech, and publication of information and press and so on. Actually, law provides for freedom of speech and press in paper-writing, but in the real practice, government did not respect these rights and continued to detain or imprison many individuals for exercising rights to free expression. Government tried to suppress and control the Internet essayists, journalist, print, broadcast, and electronic Medias tightly and used propagate government views and CCP ideology. All media were under explicit orders to follow CCP directive and public opinion. These orders limited the freedoms of reporting the news to the public. Government officials said that if the Medias published without permissions from government, they could undermine state’s policy, state’s prestige and suffer social orders.
For these reasons, the government officials used civil lawsuit to harass and used other punishment to intimidate authors, editors who published materials that criticized government and affect government policy. Moreover, there were also foreign correspondents and newspapers, radios were also restricted and arrested. The authorities have banned Tibetan-language broadcasts of Voice of America (VOA), Radio Free Asia, and BBC etc not to broadcast domestically and internationally.
The Ministries of Information and Public Security banned and monitor all access to internets and its use. They interpreted that dissemination of information without permission from government can be subversive and slanderous to the state, especially endanger national security. There were a lot of authors, editor, Internet essayists, correspondents were imprisoned on charges of leaking state’s secret and subversion.
Shi Tao was sentenced to a ten years prison term in April 2005 for leaking state secret abroad.
In September, Zheng Yichun was sentenced to a seven-year prison term for incitement to subversion.
Ning Xianhua, labor activist and political organizer sentenced 12 years imprisonment on charges of subversion.
Anyway, those who disclosed the state secret and subversion were accused of involving with counterrevolutionary and political activities and considered as political prisoners and need to be detained[7]. The actions are regarded as counterrevolutionary and sensitive activities depend upon subjective perspective or interpretation of the evidence.
Western NGOs estimated that approximately 500 persons remained in prisons for the repealed crime of counterrevolution and thousands of others were serving sentences under the state security law, which the authorities’ state covers, crimes similar to counterrevolution. But, credible sources said that tens of thousands of political prisoners remained confined, some in the prisons and others in reeducation through-labor camps or administrative detentions.
The followings are the key activists imprisoned in China on charges of disclosing state secrets and subversion, Counterrevolutionary, Politically Sensitive Activities. They are:
-He Zhaohui convicted of illegally providing state secrets or intelligence to oversee entities by Chenzhou Intermediate People’s Court,
-Led Sichuan unit of China Democratic Party (CDP) convicted of subversion by the Dazhou Intermediate People’s Court,
-Hu Shigen, founding member of China Free Labor Union and other 15 activists convicted of organizing and leading a counterrevolutionary propaganda and incitement by Beijing Intermediate People’s Court to 20 years’ imprisonment,
-Kong Youping, 55 years, was convicted of subversion at his trial and sentenced to 15 years imprisonment.
-Abidjan Obulkasim, a Vighur student imprisoned in 1995 on charges of counterrevolutionary activists died in prison, of tuberculosis.
-Qin Yongmin, Democracy activists, Hua Di, Wang Sen and He Depu, internet writers.
Besides the prominent political dissidents mentioned above, there were also thousands of others serving sentences under security law and related to religious practices, counterrevolution, and China’s anti-subversion, accused and detained in the Tibetan Autonomous Region (TAR).
Report in 2004 and 2005, there were approximately 50 political prisoners remained in TAR prison in Lhasa, and most serving sentences on charge of counterrevolution. Under China’s anti-subversion laws persecuted political prisoners as counterrevolution crimes.
According to the report from PPD estimates that nearly 70 Tibetan Political prisoners were imprisoned in TAR, nearly 35 in Sichuan province, fewer than 15 in Qinghai province, and 6 in Gansu. The overall number of Tibetan Political prisoners in Tibetan areas dropped to 117 from 145 in 2004 and 2005. There were 117 Tibetan Political prisoners and 65 of them were monks.
All the prisoners related to disclosing state’s secret and subversion, counterrevolutionary and political activities were detained, violated by the government authorities. They have no access for international humanitarian organizations to visit.
2-1-2-Lack of independence of Judiciary
The independence of judiciary is a very important tool in democratic societies to provide justice to people. It sensitizes people to joint the social activities and political participation. The judiciary is closely interrelated with government. If government is not a democratic one, then judiciary is only the tool to serve for that government’s power. In case of China as an example, China is one-party-state and ruled by Chinese Communist Party and an authorization state. China has no independent judiciary.
China’s judiciary has the source from USSR[8]. The judiciary has the Supreme People’s Court that is considered as the highest judicial organ that has the Supreme People’s Procuratorates to control the administration of justice in the basic people’s court and people’s tribunals (court of first instance), intermediate people’s courts and higher people’s court.
The separation of power is not equally weighted. The legislative and judiciary are under control of executive branch. Therefore, judiciary is only mean to sustain government’s power. China used judiciary to suppress its people to political participation. If one dares to involve with politics, he/ she has been arrested and detained.
Therefore, there were a lot of political dissidents and democratic activists were detained by lack of independence of judiciary in China.
2-1-3-Role of Police and Security Apparatus
In China, the Security apparatus has been playing an important role to strengthen the government’s power. It is made up of the Ministry of State Security and the Ministry of Public Security, and its lowest organizational units are public security stations. These kinds of security apparatus have different roles and responsibilities in China, but the same purposes are to strengthen government’s power.
- The Ministry of State Security:
It is responsible for the security of the state through effective measures against enemy agents, spies, and counterrevolutionary activities designed to sabotage or overthrow China’s socialist system. This ministry was empowered by counterrevolutionary crime statutes. It also performed its operation and duty to collect both domestic and foreign intelligences.
All activities related to counterrevolutionary and political activities were arrested and the arrests on charge of revealing state secrets, subversion, and common crimes have been committed by authorities to suppress political dissidents and social advocacy.
- The Ministry of Public Security:
It includes the People’s Armed Forces, the People’s Liberation Army (PLA), and the state judicial, pro-curatorial, and penal systems.
It performed its roles to oversee all domestic police activities in China and to be responsible to police operations and prisons. Moreover, it dedicated departments for internal political, economic, and communication security.
- The lowest organizational units:
It maintains close-day-to-day contact with the public.
2-2- Causes of detention of political prisoners in Vietnam:
The activities of unlawful, arbitrary arrest, detention, killing, and deprivation of life were worsened even law prohibits these kinds of actions. Law cited only in the paper, the practice is different from legal senses. Therefore, Vietnamese government accused citizens for arrests and detentions by different ways, but the main allegations for detentions are disclosing state’s secret, subversion, counterrevolutionary, politically sensitive activities, lack of independence of judiciary, and role of police and security apparatus.
2-2-1-Disclosing state’s secret and Subversion, Counterrevolutionary and Politically Sensitive Activities:
Conviction on charges of leaking state secrets and subversion in Vietnam is still a serous problem to people, especially religious, political activists, editor, publishers, writers, and information correspondents and so on. It looks like in China, government used the terms “state’s secret and subversion” to ban, restrict, and detained people.
Those who release publishing, broadcast information even real information that affects the government, those were alleged “state’s secret and subversion”. Law provides freedom of expression, speech, but, governments restricted these freedoms in practice, particularly with respect to political and religious speech.
Government attempted to control and ban public access to the Internet and blocks websites considered objectionable or politically sensitive. The government established an office to monitor the Internet for unauthorized use and criminal contents including disseminating state secrets. There were several dissidents were imprisoned for the accusation of national security. They include Pham Hong Son, who is serving five years of imprisonment, Nguyen Khac Toan, serving 12 years after being arrested in an Internet café’, where he allegedly vilified government officials in emails sent abroad, and Nguyen Vu Binh, a journalist who was sentenced to seven years of imprisonment for criticizing the government.
In February 2007, several hundreds ethnic Khmer (Khnown as Kampuchea Krom) Buddhist Monks in Soc Trang province peacefully demonstrated for religious freedom. Police dispersed and arrested protest leaders, with five sentenced to prison in May for accusing public disorder.
In June the Ven. Tim Sakhon , a Kampuchea Krom Monk from Cambodia, was imprisoned in Vietnam on charges of undermining national unity after being defrocked and deported by Cambodian authorities. Other religions seemed to be similar.
The state’s secret and subversion, counterrevolutionary and politically sensitive activities were used to suppress all activists not to involve in social movements.
2-2- 2-Lack of independence of Judiciary
The judiciary in Vietnam is not absolutely different form China’s judiciary. Vietnamese government uses judiciary as for tool to sustain the power. Those who want to change the government; they will be faced trial from the court. All freedoms were restricted and banned by the court. In Vietnam, the highest court is considered as the Supreme Court, whose members are appointed by the National Assembly. Besides this court, it has local people’s court at each administrative level.
Every level of the court, both national and local, was appointed by NA as well. The separation of power between executive, legistlative, and judiciary was not equalized. Legislative and judiciary are under control of the executive, SRV. In this reason, judiciary is not independent, it is dependent on SRV regime only, that why religious, democratic, and political activists strongly faced challenge in their movements. They were imprisoned and detained in prisons, reeducation labor camps, and house arrests without trial or warrant from the courts.
2-2-3-Role of Police and Security Apparatus
The Vietnamese government has the Ministry of Public Security (MPS) to control everything, especially internal security happening in the country. This ministry (MPS) controls the police, a special national security investigative agency, and other internal security units.
It also controls and maintains a system of household registration, especially checking all the activities of those suspected of engaging in unauthorized political activities.
However, The Vietnamese government has the police organizations that exist at the provincial, district and local levels.
All the levels made collaboration with the involved ministry, such as ministry of justice, ministry of foreign affair, and so on aiming at stabilizing national security, public orders, and strengthening its own power.
2-3- Causes of Detention of Political Prisoners in Burma:
In Burma, democratic and political activists and counterrevolutionaries met dangerous challenges from detentions. Government found out different means to crackdown against those activists both legitimately and illegitimately. There are a lot of reasons that government detained them. These reasons are similar to China and Vietnam, because these countries are brothers with each other. They practiced similar governmental systems, judiciary, and other punishments.
In short, the reasons were considered for detentions are: disclosing state’s secret and subversion, counterrevolutionary and politically activities, lack of independence of judiciary, role of police and security apparatus.
2-3-1-Disclosing state’s secret, and Subversion, Counterrevolutionary and Politically Sensitive Activities:
The SPDC continues to restrict all opposition political activities and to persecute democracy and human rights activists. Those were accused for disseminating the information, publication press, news that vilified the government’s prestige. Moreover, they were alleged for wanting to overthrow the government. The freedoms of press, association, demonstration, religious practice, political participation were restricted, banned without fear from the criticism of international communities.
Almost all offices of pro-democracy and ethnic nationality political parties remain closed, except headquarters in Rangoon has been put under heavy surveillance. In July 2005, 249 political prisoners were released, but the detention and arrests have been conducted continuously. More than 1100 people are currently imprisoned for their political beliefs, while Daw Aung San Suu Kyi continues to be held in virtually solitary confinement without access to newspapers, telephones, or any correspondence.
The continued detention of the leaders of the party that won the last election in Burma shows how the Military junta is fearful of political dissidents striving for democracy. In May 2006, the detention order for Aung San Suu Kyi was extended by a year. Today, Burmese government is holding more than 1,000 known political prisoners held in dozen prisons and almost 100 labor camp through the country. Many are held in separate conditions and tortured by prison and military authorities.
Burma’s military government is using its detention and harassment of political activists to smooth the way toward writing a new constitution that would allow it to stay in power. Moreover, Burma’s leaders are trying to make the public and the world community forgets that there are Many Burmese voices demanding political change.
2-3-2- Lack of independence of Judiciary
Burmese judiciary was adapted by British Style[9]. Burma’s judiciary has the councils of people’s justice are elected by the National Assembly and the Council of State, which coordinate relations between central and local levels of government. Peoples’ Court function at all levels, with jurisdiction over both civil and criminal cases.
Judiciary and government are combined together at aiming to strengthen its own power in the country. Opposition political figures, religious, democratic activists were arrested under the detention orders form the court.
Government used court as the means to intimidate, suppress those who dare to against government. Nowadays, religious, liberal, and political activists fled to stay at the neighboring countries, such as Thailand, Lao, and so on, because of the court make intimidation. Besides those who did not flee to other, they faced serous challenge for imprisonment. For example, in February , 2005, the SPDC arrests nine leaders of the Shan Nationalities League for Democracy (SNLD), led by Hkun Tun Oo, the party that gained the Second-highest numbers of votes in the 1990 elections. As a result, the party leaders were arrested and outlawed. In secret trail, all the leadership was sentenced to life imprisonment with terms of 97 years.
2-3-3- Role of Police and Security Apparatus
The Police are auxiliary forces of the military and are under direct demand of military officers. They primarily deal with common crimes and not handle political crimes. The Myanmar police forces fall administratively under the Ministry of Home affair.
MSA officers and Police officers are responsible for detaining persons suspected of political crimes that perceived to threaten the government. Once a person is detained , MSA officers , or in some cases SB officers , take the prisoner to MSA regional interrogation centers, where MSA officers interrogate individual for a period ranging from hours to months and can change the person with a crime at any time during the interrogation.
Police frequently placed a hood on those accused or suspected of political crime upon arrest. By the law warrants for searches and arrests are required, however, MSA and police have special authority to conduct searches and make arrests at will.
III. State’s International Political Rights Obligations:
On 16 December 1966, General Assembly of United Nations had adopted the International Covenant on Civil and Political Rights (ICCPR). Ten years later, (ICCPR) took effect in 1976 for all nations as state parties to respect. So, this Right has been guaranteed by international law for human beings. Each state has obligations to respect and provide political rights to individuals in its own territory.
1- China's International Political Rights Obligations
China received a seat in UN in 24 October, 1945 and China is a permanent member of UN Security Council. In this reason, China is legally bound to respect the human rights treaties it has ratified. Sometimes, it is so hard to mobilize China to respect the political rights as well, because under traditional principles of international law articulated that “without ratification by a state, a treaty may not be enforced against that state unless the treaty codifies customary international law”. Currently, China has signed, but not ratified, the International Covenant on Civil and Political Rights (ICCPR).
China's obligations under the ICCPR are less coherent because the state has signed but not yet ratified the convention. Under international law, China may only be legally bound by the ICCPR if the rights contained in the treaty codify international customary law. The act of signing the treaty is nonetheless significant in terms of state obligations. According to the general principles of international law, the act of signature means China must refrain from any actions that would run counter to the object and purpose of the treaty until it has made clear its final intentions with regard to the treaty. Thus, by signing the treaty, China has an obligation to respect the rights guaranteed to its citizens under the ICCPR.
Under Article 2 of the ICCPR, each state party is obligated to recognize the rights of all individuals within its territory and subject to its jurisdiction, regardless of race, color, sex, language, religion, political or other opinion, and national or social origin.
The ICCPR guarantees each person the right to life (Article 6); the right to be free from torture or cruel, inhuman or degrading treatment or punishment (Article 7); the right not to be subjected to arbitrary arrest or detention, and the right to be informed, at the time of arrest, of the reasons for his arrest" (Article 9); the right to be taken before a judge or magistrate (Article 9); the right to a fair trial (Article 14); the right to freedom of expression (Article 18); and the right to enjoy his own culture and practice his own religion (Article 27).
China's behavior toward the Uighurs violates many of the ICCPR's fundamental principles. Arresting and detaining the Uighurs for peaceful demonstrations and religious, cultural, and political expression, clearly violates the ICCPR. Because the fear of a separatist movement is so great, the government regularly imprisons anyone remotely suspected of political activity. Religious activism, which Chinese authorities consider to be a political activity, is also a target of government repression. The Chinese government believes that such religious activities might fuel the movement for political independence. As such, no Uighurs in the XUAR seems to be free from the government's accusations.
In addition to China's obligations under international human rights law, China's practices and policies in the XUAR do not conform to its domestic legal obligations. The 1997 amendments to China's Criminal Procedure Law were designed to provide greater access to legal counsel, to abolish a regulation permitting summary trials in certain cases involving the death penalty, and to provide for notifying the detainee's family within 24 hours of arrest and detention. The Chinese police forces, however, continue to detain individuals without providing access to lawyers, and many trials continue to be conducted in secrecy. Many of the prisoners are not even charged with a specific crime. In direct violation of international and domestic law, the Uighurs continue to be held as political prisoners, denied judicial guarantees, tortured, and arbitrarily executed.
2-Vietnam's International Political Rights Obligations:
Vietnam is also a member of United Nations. Vietnam received a seat in UN on 20 September, 1977. Therefore, Vietnam is also legally bound to respect human rights as China. Under the International Charter and Covenants on Civil and Political Rights (ICCPR), Vietnam has obligations to respect human rights because Vietnam is a state party, and its 1992 Constitution, which states in Articles 69 and 70:
The citizen shall enjoy freedom of opinion and speech, freedom of the press, the rights to be informed, and the rights to assembly, form association and hold demonstrations in accordance with the provisions of the law.
Article 19 of the ICCPR provides for the rights of freedom of expression, but, Vietnam’s law on Publication strictly bans publications that oppose the government, divulge state secrets, and disseminate reactionary ideas.
According to the Vietnam’s Press Law articulate that all Medias serve only the voice of the government. There is no private media channel.
Based on the Articles 21 and 22 cited that, ICCPR recognizes the rights of peaceful assembly and association with others. Furthermore, Article 14 of ICCPR also articulated that “no one shall be subjected to arbitrary arrests or detention.
So, based on these articles mentioned above, political participation opened fully to people to joint all political activities and Vietnam has full obligation to guarantee these rights and freedom as state-party in the UN.
3-Burma's International Political Rights Obligations
Actually, Burma received membership in UN on 19 April, 1948. As mentioned, state-party in the UN has obligation to respect the human rights, especially political rights. Under the Covenant on Civil and Political Rights, Article 14 cited that “no one shall be subjected to arbitrary arrests and detention”, but Burmese government did not respect this covenants of ICCPR at all.
Moreover, government did not allow domestic political rights organization to function independently and became hostile to outside scrutiny of its human rights record[10]. Mr Ibrahim Gambari , Under Secretary General for Political Affairs requested government to address human rights concerns and expand dialogue with opposition party, but his request was dismissed. Many international NGOs and UN agencies reported government increased pressure to curtail their activities and access by international personnel became more difficult.
IV. Analysis:
-Compare China against itself between 2006 and 2007
China, under control of CCP, committed serious violations to the political prisoners. China ignored everything; even China is one of member-states of UN and ratified the international political covenants, treaty, and ICCPR. Chinese government has not fulfilled its obligations under these covenants and treaties. However, members of U.N called for China stopping that violation and respect the domestic and international human rights law especially provide all freedoms to the people, but China did not follow.
Furthermore, China declined to consider respecting those rights and continued to violate stronger and stronger form one year to one year. For example, Chinese government increased to arrest and detain political prisoners and dissidents. Number of political prisoners were detained was higher.
So, the situation of human rights violations in China worsen and political prisoners faced serous challenges comparing years 2006 and year 2007. Year 2007, the numbers of political dissidents were detained higher than year 2006.
Figure of Political Prisoners were detained Year 2006 and 2007 are not fixed because there are a lots of sources to reveal this figure, but just clarifying that the figures of political prisoners are increased in the year 2007. Therefore, situation of detention of political prisoners is increased if comparing 2006 and 2007.
-Comparing China to Vietnam
But if we compare with Vietnamese governments, Human Rights violations in China is still better than Vietnam. Because China is a big country and has more population than Vietnam, and the levels of beating, punishment, and detention of political prisoners is not cruel as Vietnam. While, Freedoms of expression, speech, assembly, religions is more open than Vietnam. Furthermore, the situation in Vietnam at the Central Highland, Khmer Kampuchea Krom revealed clearly to the international communities as examples.
The figures of Khmer Kampuchea Krom both live in Kampuchea Krom and live in Cambodia were intimidated, harassed, and detained without fear and worry from the criticism from International Communities. Political dissidents and prisoners were killed in prison. Some Buddhist Monks, who escape from Vietnam to live in Cambodia, were killed by the authority backed by Vietnamese government.
The activities of intimidation, harassment, detention, and killing happened not only in Vietnam itself, but also other countries. The influence of international cooperation and diplomatic of SRV has influenced to others countries as well. Democratic, religious, and political activists were extradited to Vietnam for arrest and detention. So, activities of human rights violations in Vietnam are bad in comparing in China.
-Compare China to Burma
To the situation of human rights violation in Burma revealed clearly that it is dangerous and worse in comparing in China. Police and security apparatus of the government committed very cruelly, such as suppressing demonstration, intimidating, and harassing people and Buddhist monks not to make demonstration and others political movements.
Thousands of people and Buddhist Monks, especially democratic activists were suppressed and detained by the government. Freedoms including religious and political freedoms etc were violated
Furthermore, political activists both ordinary people and Buddhist monks run to live in the neighboring countries, such as China, Thailand and so on. The rests of them who are still living in the country were arrested, intimidate, and made surveillance by the police and security apparatus everyday. All freedoms were restricted due to national order and security –reasons and accusation of violation the constitution and the law. They were detained in the prison not conformity with the international charter and Human Rights Declaration related civil and political rights (ICCPR) that Burma himself ratified.
Moreover, the International Community, Human Right Watch, and the Amnesty International strongly worried the situation of human rights violation in these countries. Most countries around the world and International Human Rights GNOs condemned and criticized Burma about the activities of human rights violation, but Burma ignored and flouted those organs. So, these activities showed that, “Human Rights Respects in Burma is bad comparing in China.
V. Conclusion:
In short, countries mentioned above have similarities between political systems, judicial systems and the kinds of detentions of political prisoners. Those countries are the authoritarian states as the same.
Those countries have the law that provides freedom of expression, assembly, religious services; especially political participation to the people, but in the real practice was different what law said.
The situations of the detention political prisoners committed by governments and the police and security apparatus have not improved yet. The problems detentions of political prisoners are not only for Chinese, Vietnamese, and Burmese people, but also the problems of people around the world. So, these three countries should change their behavior to provide freedoms, especially political freedoms to people. Furthermore, international communities and ASEAN countries should sanction and should not back these countries to respect the international charter and civil and political covenants that were signed in the United Nations.
References
-WORLDMARK Encyclopedia of the Nations,
-http//www.fva.org/1298story09.htm,
-http//en.wikipedia.org/wiki/Political-prisoner,
-http://www.state.gov/g/drl/rls/hrrpt/2006/78768.htm,
-http:www.laborrghtsnow.org/chinaprisoner.html
-Human Rights and Its Evaluation compiled by Stan Starygin
-http://hrw.org/English/docs/2006/07/12/vietnam13728.htm
[1] Oxford Advanced Learning Dictionary
[2] http://en.wikipedia.org/wiki/Political-prisoner and Wikipedia, the free encyclopedia
[3] http://usinfo.state.gov/dhr/Archive/2006/Mar/10-815538.html
[4] http: www.ecoi.net/189077::315795.8250...mr/political-af...1/17/2008
[5] The Vietnamese Communist Party is the political successor to the Indochinese Communist Party, created in 1930 and formally dissolved in 1945. From 1945 until 1951, the party operated in clandestine fashion, until it emerged once more as the Vietnamese Workers’ Party at the Second National Congress in 1951. The Party assumed its current name in 1976, shortly after the unification of the country into Socialist Republic of Vietnam. For more details, you can see at the World-Mark of Encyclopedia of the Nations.
[6] According to the State Department ‘s latest country reports on Human Rights Practices issued by Washington
[7] Government claimed that the counterrevolutionary and political prisoners were also eligible for parole and early release on an equal basic with other prisoners but provided no evidence to support this assertion
[8] For more details , you can see at worldmark encyclopedia of the nations, Asia and Oceania
[9] For detail information about Burma’s judicial system, please see the Worldmark of Encyclopedia of the Nations, page 46.
[10] For the detail information, please at http://www.state. gov/g/drl/rls/hrrpt/2006/78768.htm
Evaluation of Human Rights Violation Related to the Detention of Political Prisoners in China, Vietnam, and Burma.
I. Introduction
1-1-Problem definition:
1-2-Purpose of this paper:
1-3-Methodologies:
1-4-What and who are Detention and Political Prisoners?
II. Situations and Causes of Detention of Political Prisoners in China, Vietnam, and Burma
1-Situation of Detention of Political Prisoners in China, Vietnam, and Burma
1-1-China
1-2-Vietnam
1-3-Burma
2-Causes of Detention of Political Prisoners in China, Vietnam, and Burma
2-1-Causes of detention of political prisoners in China:
2-1-1-Disclosing state’s secret, Subversion, Counterrevolutionary and Political Activities
2-1-2- Lack of independence of Judiciary
2-1-3- Role of Police and Security Apparatus
2-2- Causes of detention of political prisoners in Vietnam:
2-2-1-Disclosing state’s secret, Subversion, Counterrevolutionary and Political Activities
2-2-2- Lack of independence of Judiciary
2-2-3- Role of Police and Security Apparatus
2-3- Causes of detention of political prisoners in Burma:
2-3-1-Disclosing state’s secret, Subversion, Counterrevolutionary and Political Activities
2-3-2- Lack of independence of Judiciary
2-3-3-Role of Police and Security Apparatus
III. III. State’s International Political Rights Obligations:
1- China's International Political Rights Obligations
2- Vietnam's International Political Rights Obligations:
3- Burma's International Political Rights Obligations
IV. Analysis:
-Compare China against itself between 2006 and 2007
-Compare China to Vietnam
-Compare China to Burma
V. Conclusion:
References
Evaluation of Human Rights Violation related to the Detention of Political Prisoners in China, Vietnam, and Myanmar.
I: Introduction:
1-1-Problem definition:
The Detention and Human Rights abuses in China, Vietnam, and Myanmar have became chronic and serious diseases in Southeast Asia. The human rights record from the governments remained poor. Records from independent and credible sources reported that, the governments’ officials continued to commit numerous and serious abuses. All freedoms, such as freedoms of religions, assembly, association, political participation, were restricted.
The governments used a lot of forms to suppress the rights of their people. In this reason, there are a lots of detainees were detained in the prisons and other places. There are also different kinds of detainees were detained. But, most of the detainees were considered as political prisoners.
1-2-Purpose of this report:
This report has the purpose:
To monitor and evaluate situation of human rights related to the detention of political prisoners between China, Vietnam, and Burma.
To find out the strength and the weakness of human rights those countries conducted.
To know the similarities and differences between disclosing state’s secret, counterrevolutionary, politically sensitive activities, role of police, security apparatus and so on, those countries conducted.
To realize how political prisoners or detainees were detained by those countries.
1-3- Methodologies:
The methodologies of the comparisons based on the data collection concerned with the detention of political prisoners and human rights violation that those countries committed:
-Book reading in library,
-Researching on the Website
-Human Rights Watch,
-Amnesty International,
-Office of High Commissioners for Human Rights,
-Report from U.S. Department of State…,
1-4- What and who are Detention and Political Prisoners?
The definition of these terms as the following:
Detention is the state of being kept in a place, especially in a prison and prevented from leaving[1]. Anyway, detention generally refers to a state or government holding persons in a particular area, either for interrogation, as punishment for wrong doing, or as precautionary measure while investigating a potential threat posed by those persons.
A Political Prisoner[2] is someone held in prison or otherwise detained, perhaps under house arrest, because of their ideas or images is deemed by a government to either challenge or threatens the authority of the state.
II. Situations and Causes of Detention of Political Prisoners in China, Vietnam, and Burma
As known, China, Vietnam, and Burma are the authoritarian states in Southeast Asia for a long time, as specified in their constitutions. Therefore, situations and causes of political prisoners worsen from time to time.
1-Situations of Detention of Political Prisoners in China, Vietnam, and Burma
Law prohibits arbitrary detentions of political prisoners and provides the freedoms to people to involve with social movements. But, everything exists in only the papers, but the real practice is not same the paper said. The Intimidation, suppression, harassment, and detention of political prisoners are bad from year to another year. China, Vietnam, and Burma are the focal countries that international communities and UN agencies strongly worried and concerned.
1-1- China
China has been ruled by the Chinese communist party. It is the key source of its own power. It (CCP) has dominated and ruled China since 1949. CCP also has highest organ for strengthening and enlarging its own power, called National Party Congress (NPC). NPC can elect a Central Committee at every meeting one time for five years and the Central Committee also has annual meeting to select its own Political Bureau and Standing Committees to oversee the party affairs. Moreover, In order to strengthen and maintain its power, Chinese government also changes CCP members in key government posts and strengthen its central committee during each meeting.
The situation of human rights violation was very poor. There was a trend towards increased harassment, detention, and imprisonment by government and security authorities of those perceived as threatening to government authorities[3]. Government also adopted measures to control more tightly print, broadcast and electronic media, and censored online content. Freedoms were restricted, suppressed, and harassed. All activists, religious, democratic, and political activists were detained. Government dismissed to hold any political prisoners, asserting that authorities detained persons not for their political or religious views, but because they violate the law, however, the authorities continued to confine citizens for reasons related to politics and religions[4].
1-2-Vietnam
Vietnam has operated the Socialist Republic regime, so-called the Socialist Republic of Vietnam. The Socialist Republic of Vietnam is a de facto one-party and an authoritarian state, ruled and controlled by the Communist Party of Vietnam[5] (CPV). The power of ruling party is dominating the other state’s powers-legislative and judicial, similar to China. The separations of power only exist in writing but in practice these powers are mostly in hand of that party. Because of inequality of the power separation, government, especially police and security apparatus under control of government, committed arbitrary arrest and detention to its own people.
The situation of human rights violation was very poor as well. There was a trend towards increased harassment, detention, and imprisonment by government and security authorities of those perceived as threatening to government authorities. Government also adopted measures, regulations, and other apparatus to control more tightly print, broadcast and electronic media, freedoms, and other activities. Freedoms were restricted, suppressed, and harassed. All activists, religious, democratic, and political activists were detained.
1-3-Burma
Burma has been governed or ruled by a succession of highly authoritarian military regimes. Based on the history, Burma looks similar to Vietnam and China. Nowadays, the State Peace and Development Councils (SPDC), led by Senior General Than Shwe, was the country’s de facto government, with subordinate peace and development councils ruling by decree at the division, state, township, ward, and village levels. Military officers get the ultimate power for all levels of the government.
Because of these countries are the authoritarian states and powers in the central like this, that why government officials violate the law and continued to confined citizens for reasons related to politics and religion.
The government’s human rights record remained poor and unsatisfactory for these countries. Government officials at all the levels continued to commit serous abuses.
The government can do everything including killing, intimidating, arrest, especially, detention of their citizens without warrant from judiciary, etc, under the reason of protection of social order, safety, and stability of the state.
Therefore, the situation of human rights violations in China, Vietnam, and Burma worsened. The detainees were imprisoned on charges of religious and political activities. These three countries have increased their controls over political activists[6]. Governments have increased harassment, intimidation, detention, and imprisonment to all activists by using judiciary and role of police and security apparatus, especially for accusation of disclosing state’s secret, Counterrevolutionary and Politically Sensitive Activities, and Counterrevolutionary.
2-Causes of Detention of Political Prisoners in China, Vietnam, and Burma
Political, democratic activists and other revolutionaries faced serious challenges stemming from detentions the three governments. Governments accused and detained them due to many causes and reasons. So, for realizing the causes of detention of political prisoners in these countries, let’s get to know as the following:
2-1-Causes of Detention of Political Prisoners in China:
The unlawful detentions remained serious problems in China. The Chinese government claimed that she has to eliminate the unlawful detentions, but that claiming was meaningless, the real practice was different. Law also permits police and security authorities to detain persons without arresting or charging them. Therefore, Chinese government accused citizens for arrests and detentions by different ways, but the main allegations for detentions are disclosing state’s secret, subversion, counterrevolutionary, politically sensitive activities, lack of independence of judiciary, and role of police and security apparatus.
2-1-1-Disclosing State’s Secret and Subversion, Counterrevolutionary and Politically Sensitive Activities:
Conviction on charges of leaking state secrets and subversion continue to result from vaguely-worded state security and state secret laws.
The secret was a directive banning journalist from reporting on the presence of overseas dissidents seeking to commemorate the fifteenth anniversary of the Tiananmen massacres.
Related to state’s secret and subversion include freedom of expression, speech, and publication of information and press and so on. Actually, law provides for freedom of speech and press in paper-writing, but in the real practice, government did not respect these rights and continued to detain or imprison many individuals for exercising rights to free expression. Government tried to suppress and control the Internet essayists, journalist, print, broadcast, and electronic Medias tightly and used propagate government views and CCP ideology. All media were under explicit orders to follow CCP directive and public opinion. These orders limited the freedoms of reporting the news to the public. Government officials said that if the Medias published without permissions from government, they could undermine state’s policy, state’s prestige and suffer social orders.
For these reasons, the government officials used civil lawsuit to harass and used other punishment to intimidate authors, editors who published materials that criticized government and affect government policy. Moreover, there were also foreign correspondents and newspapers, radios were also restricted and arrested. The authorities have banned Tibetan-language broadcasts of Voice of America (VOA), Radio Free Asia, and BBC etc not to broadcast domestically and internationally.
The Ministries of Information and Public Security banned and monitor all access to internets and its use. They interpreted that dissemination of information without permission from government can be subversive and slanderous to the state, especially endanger national security. There were a lot of authors, editor, Internet essayists, correspondents were imprisoned on charges of leaking state’s secret and subversion.
Shi Tao was sentenced to a ten years prison term in April 2005 for leaking state secret abroad.
In September, Zheng Yichun was sentenced to a seven-year prison term for incitement to subversion.
Ning Xianhua, labor activist and political organizer sentenced 12 years imprisonment on charges of subversion.
Anyway, those who disclosed the state secret and subversion were accused of involving with counterrevolutionary and political activities and considered as political prisoners and need to be detained[7]. The actions are regarded as counterrevolutionary and sensitive activities depend upon subjective perspective or interpretation of the evidence.
Western NGOs estimated that approximately 500 persons remained in prisons for the repealed crime of counterrevolution and thousands of others were serving sentences under the state security law, which the authorities’ state covers, crimes similar to counterrevolution. But, credible sources said that tens of thousands of political prisoners remained confined, some in the prisons and others in reeducation through-labor camps or administrative detentions.
The followings are the key activists imprisoned in China on charges of disclosing state secrets and subversion, Counterrevolutionary, Politically Sensitive Activities. They are:
-He Zhaohui convicted of illegally providing state secrets or intelligence to oversee entities by Chenzhou Intermediate People’s Court,
-Led Sichuan unit of China Democratic Party (CDP) convicted of subversion by the Dazhou Intermediate People’s Court,
-Hu Shigen, founding member of China Free Labor Union and other 15 activists convicted of organizing and leading a counterrevolutionary propaganda and incitement by Beijing Intermediate People’s Court to 20 years’ imprisonment,
-Kong Youping, 55 years, was convicted of subversion at his trial and sentenced to 15 years imprisonment.
-Abidjan Obulkasim, a Vighur student imprisoned in 1995 on charges of counterrevolutionary activists died in prison, of tuberculosis.
-Qin Yongmin, Democracy activists, Hua Di, Wang Sen and He Depu, internet writers.
Besides the prominent political dissidents mentioned above, there were also thousands of others serving sentences under security law and related to religious practices, counterrevolution, and China’s anti-subversion, accused and detained in the Tibetan Autonomous Region (TAR).
Report in 2004 and 2005, there were approximately 50 political prisoners remained in TAR prison in Lhasa, and most serving sentences on charge of counterrevolution. Under China’s anti-subversion laws persecuted political prisoners as counterrevolution crimes.
According to the report from PPD estimates that nearly 70 Tibetan Political prisoners were imprisoned in TAR, nearly 35 in Sichuan province, fewer than 15 in Qinghai province, and 6 in Gansu. The overall number of Tibetan Political prisoners in Tibetan areas dropped to 117 from 145 in 2004 and 2005. There were 117 Tibetan Political prisoners and 65 of them were monks.
All the prisoners related to disclosing state’s secret and subversion, counterrevolutionary and political activities were detained, violated by the government authorities. They have no access for international humanitarian organizations to visit.
2-1-2-Lack of independence of Judiciary
The independence of judiciary is a very important tool in democratic societies to provide justice to people. It sensitizes people to joint the social activities and political participation. The judiciary is closely interrelated with government. If government is not a democratic one, then judiciary is only the tool to serve for that government’s power. In case of China as an example, China is one-party-state and ruled by Chinese Communist Party and an authorization state. China has no independent judiciary.
China’s judiciary has the source from USSR[8]. The judiciary has the Supreme People’s Court that is considered as the highest judicial organ that has the Supreme People’s Procuratorates to control the administration of justice in the basic people’s court and people’s tribunals (court of first instance), intermediate people’s courts and higher people’s court.
The separation of power is not equally weighted. The legislative and judiciary are under control of executive branch. Therefore, judiciary is only mean to sustain government’s power. China used judiciary to suppress its people to political participation. If one dares to involve with politics, he/ she has been arrested and detained.
Therefore, there were a lot of political dissidents and democratic activists were detained by lack of independence of judiciary in China.
2-1-3-Role of Police and Security Apparatus
In China, the Security apparatus has been playing an important role to strengthen the government’s power. It is made up of the Ministry of State Security and the Ministry of Public Security, and its lowest organizational units are public security stations. These kinds of security apparatus have different roles and responsibilities in China, but the same purposes are to strengthen government’s power.
- The Ministry of State Security:
It is responsible for the security of the state through effective measures against enemy agents, spies, and counterrevolutionary activities designed to sabotage or overthrow China’s socialist system. This ministry was empowered by counterrevolutionary crime statutes. It also performed its operation and duty to collect both domestic and foreign intelligences.
All activities related to counterrevolutionary and political activities were arrested and the arrests on charge of revealing state secrets, subversion, and common crimes have been committed by authorities to suppress political dissidents and social advocacy.
- The Ministry of Public Security:
It includes the People’s Armed Forces, the People’s Liberation Army (PLA), and the state judicial, pro-curatorial, and penal systems.
It performed its roles to oversee all domestic police activities in China and to be responsible to police operations and prisons. Moreover, it dedicated departments for internal political, economic, and communication security.
- The lowest organizational units:
It maintains close-day-to-day contact with the public.
2-2- Causes of detention of political prisoners in Vietnam:
The activities of unlawful, arbitrary arrest, detention, killing, and deprivation of life were worsened even law prohibits these kinds of actions. Law cited only in the paper, the practice is different from legal senses. Therefore, Vietnamese government accused citizens for arrests and detentions by different ways, but the main allegations for detentions are disclosing state’s secret, subversion, counterrevolutionary, politically sensitive activities, lack of independence of judiciary, and role of police and security apparatus.
2-2-1-Disclosing state’s secret and Subversion, Counterrevolutionary and Politically Sensitive Activities:
Conviction on charges of leaking state secrets and subversion in Vietnam is still a serous problem to people, especially religious, political activists, editor, publishers, writers, and information correspondents and so on. It looks like in China, government used the terms “state’s secret and subversion” to ban, restrict, and detained people.
Those who release publishing, broadcast information even real information that affects the government, those were alleged “state’s secret and subversion”. Law provides freedom of expression, speech, but, governments restricted these freedoms in practice, particularly with respect to political and religious speech.
Government attempted to control and ban public access to the Internet and blocks websites considered objectionable or politically sensitive. The government established an office to monitor the Internet for unauthorized use and criminal contents including disseminating state secrets. There were several dissidents were imprisoned for the accusation of national security. They include Pham Hong Son, who is serving five years of imprisonment, Nguyen Khac Toan, serving 12 years after being arrested in an Internet café’, where he allegedly vilified government officials in emails sent abroad, and Nguyen Vu Binh, a journalist who was sentenced to seven years of imprisonment for criticizing the government.
In February 2007, several hundreds ethnic Khmer (Khnown as Kampuchea Krom) Buddhist Monks in Soc Trang province peacefully demonstrated for religious freedom. Police dispersed and arrested protest leaders, with five sentenced to prison in May for accusing public disorder.
In June the Ven. Tim Sakhon , a Kampuchea Krom Monk from Cambodia, was imprisoned in Vietnam on charges of undermining national unity after being defrocked and deported by Cambodian authorities. Other religions seemed to be similar.
The state’s secret and subversion, counterrevolutionary and politically sensitive activities were used to suppress all activists not to involve in social movements.
2-2- 2-Lack of independence of Judiciary
The judiciary in Vietnam is not absolutely different form China’s judiciary. Vietnamese government uses judiciary as for tool to sustain the power. Those who want to change the government; they will be faced trial from the court. All freedoms were restricted and banned by the court. In Vietnam, the highest court is considered as the Supreme Court, whose members are appointed by the National Assembly. Besides this court, it has local people’s court at each administrative level.
Every level of the court, both national and local, was appointed by NA as well. The separation of power between executive, legistlative, and judiciary was not equalized. Legislative and judiciary are under control of the executive, SRV. In this reason, judiciary is not independent, it is dependent on SRV regime only, that why religious, democratic, and political activists strongly faced challenge in their movements. They were imprisoned and detained in prisons, reeducation labor camps, and house arrests without trial or warrant from the courts.
2-2-3-Role of Police and Security Apparatus
The Vietnamese government has the Ministry of Public Security (MPS) to control everything, especially internal security happening in the country. This ministry (MPS) controls the police, a special national security investigative agency, and other internal security units.
It also controls and maintains a system of household registration, especially checking all the activities of those suspected of engaging in unauthorized political activities.
However, The Vietnamese government has the police organizations that exist at the provincial, district and local levels.
All the levels made collaboration with the involved ministry, such as ministry of justice, ministry of foreign affair, and so on aiming at stabilizing national security, public orders, and strengthening its own power.
2-3- Causes of Detention of Political Prisoners in Burma:
In Burma, democratic and political activists and counterrevolutionaries met dangerous challenges from detentions. Government found out different means to crackdown against those activists both legitimately and illegitimately. There are a lot of reasons that government detained them. These reasons are similar to China and Vietnam, because these countries are brothers with each other. They practiced similar governmental systems, judiciary, and other punishments.
In short, the reasons were considered for detentions are: disclosing state’s secret and subversion, counterrevolutionary and politically activities, lack of independence of judiciary, role of police and security apparatus.
2-3-1-Disclosing state’s secret, and Subversion, Counterrevolutionary and Politically Sensitive Activities:
The SPDC continues to restrict all opposition political activities and to persecute democracy and human rights activists. Those were accused for disseminating the information, publication press, news that vilified the government’s prestige. Moreover, they were alleged for wanting to overthrow the government. The freedoms of press, association, demonstration, religious practice, political participation were restricted, banned without fear from the criticism of international communities.
Almost all offices of pro-democracy and ethnic nationality political parties remain closed, except headquarters in Rangoon has been put under heavy surveillance. In July 2005, 249 political prisoners were released, but the detention and arrests have been conducted continuously. More than 1100 people are currently imprisoned for their political beliefs, while Daw Aung San Suu Kyi continues to be held in virtually solitary confinement without access to newspapers, telephones, or any correspondence.
The continued detention of the leaders of the party that won the last election in Burma shows how the Military junta is fearful of political dissidents striving for democracy. In May 2006, the detention order for Aung San Suu Kyi was extended by a year. Today, Burmese government is holding more than 1,000 known political prisoners held in dozen prisons and almost 100 labor camp through the country. Many are held in separate conditions and tortured by prison and military authorities.
Burma’s military government is using its detention and harassment of political activists to smooth the way toward writing a new constitution that would allow it to stay in power. Moreover, Burma’s leaders are trying to make the public and the world community forgets that there are Many Burmese voices demanding political change.
2-3-2- Lack of independence of Judiciary
Burmese judiciary was adapted by British Style[9]. Burma’s judiciary has the councils of people’s justice are elected by the National Assembly and the Council of State, which coordinate relations between central and local levels of government. Peoples’ Court function at all levels, with jurisdiction over both civil and criminal cases.
Judiciary and government are combined together at aiming to strengthen its own power in the country. Opposition political figures, religious, democratic activists were arrested under the detention orders form the court.
Government used court as the means to intimidate, suppress those who dare to against government. Nowadays, religious, liberal, and political activists fled to stay at the neighboring countries, such as Thailand, Lao, and so on, because of the court make intimidation. Besides those who did not flee to other, they faced serous challenge for imprisonment. For example, in February , 2005, the SPDC arrests nine leaders of the Shan Nationalities League for Democracy (SNLD), led by Hkun Tun Oo, the party that gained the Second-highest numbers of votes in the 1990 elections. As a result, the party leaders were arrested and outlawed. In secret trail, all the leadership was sentenced to life imprisonment with terms of 97 years.
2-3-3- Role of Police and Security Apparatus
The Police are auxiliary forces of the military and are under direct demand of military officers. They primarily deal with common crimes and not handle political crimes. The Myanmar police forces fall administratively under the Ministry of Home affair.
MSA officers and Police officers are responsible for detaining persons suspected of political crimes that perceived to threaten the government. Once a person is detained , MSA officers , or in some cases SB officers , take the prisoner to MSA regional interrogation centers, where MSA officers interrogate individual for a period ranging from hours to months and can change the person with a crime at any time during the interrogation.
Police frequently placed a hood on those accused or suspected of political crime upon arrest. By the law warrants for searches and arrests are required, however, MSA and police have special authority to conduct searches and make arrests at will.
III. State’s International Political Rights Obligations:
On 16 December 1966, General Assembly of United Nations had adopted the International Covenant on Civil and Political Rights (ICCPR). Ten years later, (ICCPR) took effect in 1976 for all nations as state parties to respect. So, this Right has been guaranteed by international law for human beings. Each state has obligations to respect and provide political rights to individuals in its own territory.
1- China's International Political Rights Obligations
China received a seat in UN in 24 October, 1945 and China is a permanent member of UN Security Council. In this reason, China is legally bound to respect the human rights treaties it has ratified. Sometimes, it is so hard to mobilize China to respect the political rights as well, because under traditional principles of international law articulated that “without ratification by a state, a treaty may not be enforced against that state unless the treaty codifies customary international law”. Currently, China has signed, but not ratified, the International Covenant on Civil and Political Rights (ICCPR).
China's obligations under the ICCPR are less coherent because the state has signed but not yet ratified the convention. Under international law, China may only be legally bound by the ICCPR if the rights contained in the treaty codify international customary law. The act of signing the treaty is nonetheless significant in terms of state obligations. According to the general principles of international law, the act of signature means China must refrain from any actions that would run counter to the object and purpose of the treaty until it has made clear its final intentions with regard to the treaty. Thus, by signing the treaty, China has an obligation to respect the rights guaranteed to its citizens under the ICCPR.
Under Article 2 of the ICCPR, each state party is obligated to recognize the rights of all individuals within its territory and subject to its jurisdiction, regardless of race, color, sex, language, religion, political or other opinion, and national or social origin.
The ICCPR guarantees each person the right to life (Article 6); the right to be free from torture or cruel, inhuman or degrading treatment or punishment (Article 7); the right not to be subjected to arbitrary arrest or detention, and the right to be informed, at the time of arrest, of the reasons for his arrest" (Article 9); the right to be taken before a judge or magistrate (Article 9); the right to a fair trial (Article 14); the right to freedom of expression (Article 18); and the right to enjoy his own culture and practice his own religion (Article 27).
China's behavior toward the Uighurs violates many of the ICCPR's fundamental principles. Arresting and detaining the Uighurs for peaceful demonstrations and religious, cultural, and political expression, clearly violates the ICCPR. Because the fear of a separatist movement is so great, the government regularly imprisons anyone remotely suspected of political activity. Religious activism, which Chinese authorities consider to be a political activity, is also a target of government repression. The Chinese government believes that such religious activities might fuel the movement for political independence. As such, no Uighurs in the XUAR seems to be free from the government's accusations.
In addition to China's obligations under international human rights law, China's practices and policies in the XUAR do not conform to its domestic legal obligations. The 1997 amendments to China's Criminal Procedure Law were designed to provide greater access to legal counsel, to abolish a regulation permitting summary trials in certain cases involving the death penalty, and to provide for notifying the detainee's family within 24 hours of arrest and detention. The Chinese police forces, however, continue to detain individuals without providing access to lawyers, and many trials continue to be conducted in secrecy. Many of the prisoners are not even charged with a specific crime. In direct violation of international and domestic law, the Uighurs continue to be held as political prisoners, denied judicial guarantees, tortured, and arbitrarily executed.
2-Vietnam's International Political Rights Obligations:
Vietnam is also a member of United Nations. Vietnam received a seat in UN on 20 September, 1977. Therefore, Vietnam is also legally bound to respect human rights as China. Under the International Charter and Covenants on Civil and Political Rights (ICCPR), Vietnam has obligations to respect human rights because Vietnam is a state party, and its 1992 Constitution, which states in Articles 69 and 70:
The citizen shall enjoy freedom of opinion and speech, freedom of the press, the rights to be informed, and the rights to assembly, form association and hold demonstrations in accordance with the provisions of the law.
Article 19 of the ICCPR provides for the rights of freedom of expression, but, Vietnam’s law on Publication strictly bans publications that oppose the government, divulge state secrets, and disseminate reactionary ideas.
According to the Vietnam’s Press Law articulate that all Medias serve only the voice of the government. There is no private media channel.
Based on the Articles 21 and 22 cited that, ICCPR recognizes the rights of peaceful assembly and association with others. Furthermore, Article 14 of ICCPR also articulated that “no one shall be subjected to arbitrary arrests or detention.
So, based on these articles mentioned above, political participation opened fully to people to joint all political activities and Vietnam has full obligation to guarantee these rights and freedom as state-party in the UN.
3-Burma's International Political Rights Obligations
Actually, Burma received membership in UN on 19 April, 1948. As mentioned, state-party in the UN has obligation to respect the human rights, especially political rights. Under the Covenant on Civil and Political Rights, Article 14 cited that “no one shall be subjected to arbitrary arrests and detention”, but Burmese government did not respect this covenants of ICCPR at all.
Moreover, government did not allow domestic political rights organization to function independently and became hostile to outside scrutiny of its human rights record[10]. Mr Ibrahim Gambari , Under Secretary General for Political Affairs requested government to address human rights concerns and expand dialogue with opposition party, but his request was dismissed. Many international NGOs and UN agencies reported government increased pressure to curtail their activities and access by international personnel became more difficult.
IV. Analysis:
-Compare China against itself between 2006 and 2007
China, under control of CCP, committed serious violations to the political prisoners. China ignored everything; even China is one of member-states of UN and ratified the international political covenants, treaty, and ICCPR. Chinese government has not fulfilled its obligations under these covenants and treaties. However, members of U.N called for China stopping that violation and respect the domestic and international human rights law especially provide all freedoms to the people, but China did not follow.
Furthermore, China declined to consider respecting those rights and continued to violate stronger and stronger form one year to one year. For example, Chinese government increased to arrest and detain political prisoners and dissidents. Number of political prisoners were detained was higher.
So, the situation of human rights violations in China worsen and political prisoners faced serous challenges comparing years 2006 and year 2007. Year 2007, the numbers of political dissidents were detained higher than year 2006.
Figure of Political Prisoners were detained Year 2006 and 2007 are not fixed because there are a lots of sources to reveal this figure, but just clarifying that the figures of political prisoners are increased in the year 2007. Therefore, situation of detention of political prisoners is increased if comparing 2006 and 2007.
-Comparing China to Vietnam
But if we compare with Vietnamese governments, Human Rights violations in China is still better than Vietnam. Because China is a big country and has more population than Vietnam, and the levels of beating, punishment, and detention of political prisoners is not cruel as Vietnam. While, Freedoms of expression, speech, assembly, religions is more open than Vietnam. Furthermore, the situation in Vietnam at the Central Highland, Khmer Kampuchea Krom revealed clearly to the international communities as examples.
The figures of Khmer Kampuchea Krom both live in Kampuchea Krom and live in Cambodia were intimidated, harassed, and detained without fear and worry from the criticism from International Communities. Political dissidents and prisoners were killed in prison. Some Buddhist Monks, who escape from Vietnam to live in Cambodia, were killed by the authority backed by Vietnamese government.
The activities of intimidation, harassment, detention, and killing happened not only in Vietnam itself, but also other countries. The influence of international cooperation and diplomatic of SRV has influenced to others countries as well. Democratic, religious, and political activists were extradited to Vietnam for arrest and detention. So, activities of human rights violations in Vietnam are bad in comparing in China.
-Compare China to Burma
To the situation of human rights violation in Burma revealed clearly that it is dangerous and worse in comparing in China. Police and security apparatus of the government committed very cruelly, such as suppressing demonstration, intimidating, and harassing people and Buddhist monks not to make demonstration and others political movements.
Thousands of people and Buddhist Monks, especially democratic activists were suppressed and detained by the government. Freedoms including religious and political freedoms etc were violated
Furthermore, political activists both ordinary people and Buddhist monks run to live in the neighboring countries, such as China, Thailand and so on. The rests of them who are still living in the country were arrested, intimidate, and made surveillance by the police and security apparatus everyday. All freedoms were restricted due to national order and security –reasons and accusation of violation the constitution and the law. They were detained in the prison not conformity with the international charter and Human Rights Declaration related civil and political rights (ICCPR) that Burma himself ratified.
Moreover, the International Community, Human Right Watch, and the Amnesty International strongly worried the situation of human rights violation in these countries. Most countries around the world and International Human Rights GNOs condemned and criticized Burma about the activities of human rights violation, but Burma ignored and flouted those organs. So, these activities showed that, “Human Rights Respects in Burma is bad comparing in China.
V. Conclusion:
In short, countries mentioned above have similarities between political systems, judicial systems and the kinds of detentions of political prisoners. Those countries are the authoritarian states as the same.
Those countries have the law that provides freedom of expression, assembly, religious services; especially political participation to the people, but in the real practice was different what law said.
The situations of the detention political prisoners committed by governments and the police and security apparatus have not improved yet. The problems detentions of political prisoners are not only for Chinese, Vietnamese, and Burmese people, but also the problems of people around the world. So, these three countries should change their behavior to provide freedoms, especially political freedoms to people. Furthermore, international communities and ASEAN countries should sanction and should not back these countries to respect the international charter and civil and political covenants that were signed in the United Nations.
References
-WORLDMARK Encyclopedia of the Nations,
-http//www.fva.org/1298story09.htm,
-http//en.wikipedia.org/wiki/Political-prisoner,
-http://www.state.gov/g/drl/rls/hrrpt/2006/78768.htm,
-http:www.laborrghtsnow.org/chinaprisoner.html
-Human Rights and Its Evaluation compiled by Stan Starygin
-http://hrw.org/English/docs/2006/07/12/vietnam13728.htm
[1] Oxford Advanced Learning Dictionary
[2] http://en.wikipedia.org/wiki/Political-prisoner and Wikipedia, the free encyclopedia
[3] http://usinfo.state.gov/dhr/Archive/2006/Mar/10-815538.html
[4] http: www.ecoi.net/189077::315795.8250...mr/political-af...1/17/2008
[5] The Vietnamese Communist Party is the political successor to the Indochinese Communist Party, created in 1930 and formally dissolved in 1945. From 1945 until 1951, the party operated in clandestine fashion, until it emerged once more as the Vietnamese Workers’ Party at the Second National Congress in 1951. The Party assumed its current name in 1976, shortly after the unification of the country into Socialist Republic of Vietnam. For more details, you can see at the World-Mark of Encyclopedia of the Nations.
[6] According to the State Department ‘s latest country reports on Human Rights Practices issued by Washington
[7] Government claimed that the counterrevolutionary and political prisoners were also eligible for parole and early release on an equal basic with other prisoners but provided no evidence to support this assertion
[8] For more details , you can see at worldmark encyclopedia of the nations, Asia and Oceania
[9] For detail information about Burma’s judicial system, please see the Worldmark of Encyclopedia of the Nations, page 46.
[10] For the detail information, please at http://www.state. gov/g/drl/rls/hrrpt/2006/78768.htm
3 comments:
The format for this eassy is good. He could found alot of point of inquiries which are useful for this topic.
In the analysis chapter, the number is not shown but the verble comparison is existed. It is good comparison in case data is not available.
However, he should explain why the number is decreased? this would be help to show that his founding relevant to some point of inquiries.
However, his paper is not submitted on time, he works so hard for this paper. There are many points of inquiries in his paper to make reader can understand more clearly. I found that the data for this paper is not so clearly as there have no any clearly number.
The format and structure for this paper are good organized.
His paper is well prepare and searching that why he was late to submit the paper in blog
After I read it I think his explaination is clear and detail in some points.
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