Burma
Executive Summary
Burma has a quasi-parliamentary system of government in which the national parliament selects the president and constitutional provisions grant one-quarter of parliamentary seats to active-duty military appointees. The military also has the authority to appoint the ministers of defense, home affairs, and border affairs and one of two vice presidents, as well as to assume power over all branches of the government should the president declare a national state of emergency. General elections were held on November 8 and widely accepted as a credible reflection of the will of the people, despite some structural flaws. Voters in all constituencies where the government determined elections could be held safely elected members of parliament in both the upper and the lower houses, as well as state and regional legislatures. The government cancelled polling in more than half of the townships in Rakhine State, in addition to cancellations in Shan State, Kachin State, and elsewhere due to insecurity. Results declared on November 14 showed the National League for Democracy maintained its majority of parliament, while a military-aligned party lost seats. By the terms of the constitution, the military itself filled by appointment 25 percent of seats in both the upper and lower houses of parliament, as well as in state and regional legislatures. National League for Democracy leader Aung San Suu Kyi continued to be the civilian government’s de facto leader and, due to constitutional provisions preventing her from becoming president, remained in the position of state counsellor.
The Myanmar Police Force is primarily responsible for internal security. The Border Guard Police is administratively part of the Myanmar Police Force but operationally distinct. Both fall under the Ministry of Home Affairs, led by an active-duty military general, so they are subordinate to the armed forces’ command. The armed forces under the Ministry of Defense are responsible for external security but are engaged extensively in internal security, including combat against ethnic armed groups. Under the constitution, civilian authorities have no authority over the security forces; the armed forces commander in chief, Senior General Min Aung Hlaing, maintained effective control over all security forces. Members of the security forces continued to commit numerous serious human rights abuses.
Extreme repression of and discrimination against the minority Rohingya population, who are predominantly Muslim, continued in Rakhine State. Intense fighting between the military and the ethnic Rakhine Arakan Army in January displaced thousands more civilians, further disrupted humanitarian access to vulnerable populations, and resulted in serious abuses of civilian populations. Fighting between the military and ethnic armed groups in northern Shan State, as well as fighting there among ethnic armed groups, temporarily displaced thousands of persons and resulted in abuses, including reports of civilian deaths and forced recruitment by the ethnic armed groups.
Significant human rights issues included: unlawful or arbitrary killings, including extrajudicial killings by security forces; enforced disappearance by security forces; torture and cases of cruel, inhuman, or degrading treatment or punishment by security forces; harsh and sometimes life-threatening prison conditions; arbitrary arrest or detention; political prisoners or detainees; serious problems with the independence of the judiciary; arbitrary or unlawful interference with privacy; serious abuses in internal conflicts, including killings of civilians, enforced disappearances or abductions, torture and physical abuses or punishments, unlawful recruitment of child soldiers, arbitrary denial of humanitarian access, and other conflict-related abuses; severe restrictions on free expression, including arbitrary arrest and prosecution of journalists, and criminal libel laws; substantial interference with the rights of peaceful assembly and freedom of association; severe restrictions on religious freedom; serious restrictions on freedom of movement; the inability of some citizens to change their government peacefully through free and fair elections; restrictions on political participation; serious acts of corruption; lack of investigation of and accountability for violence against women; trafficking in persons; crimes involving violence or threats targeting members of national, ethnic, and religious minority groups; laws criminalizing consensual same-sex sexual conduct between adults, although those laws were rarely enforced; and the use of forced and child labor, including the worst forms of child labor.
There continued to be almost complete impunity for past and continuing abuses by the security forces. In a few cases the government took limited actions to prosecute or punish subordinate officials it claimed were responsible for crimes, although in ways that were not commensurate with the seriousness of the acts. In the few cases where the military claimed to try to convict perpetrators, the process lacked transparency and no details were provided about the identity of the individuals, the crimes they were charged with, or their sentences.
Some ethnic armed groups committed human rights abuses, including killings, disappearances, physical abuse and degrading treatment, unlawful recruitment and use of child soldiers, forced labor of adults and children, and failure to protect local populations in conflict zones. These abuses rarely resulted in investigations or prosecutions.
Cambodia
Executive Summary
Cambodia is a constitutional monarchy with an elected parliamentary government. The ruling Cambodian People’s Party won all 125 National Assembly seats in the 2018 national election, having banned the main opposition party in 2017, turning the country into what is now a de facto one-party state. The prime minister since 1985, Hun Sen, continued in office. International observers, including foreign governments and international and domestic nongovernmental organizations, criticized the election as neither free nor fair and not representative of the will of the people.
The Cambodian National Police maintain internal security. The Royal Cambodian Armed Forces are responsible for external security and also have some domestic security responsibilities. The national police report to the Ministry of Interior, while the armed forces report to the Ministry of National Defense. Civilian authorities maintained effective control over the security forces, which have at times threatened force against opponents of Prime Minister Hun Sen and were generally perceived as an armed wing of the ruling party. Members of the security forces committed some abuses.
Significant human rights issues included: torture and cruel, inhuman, or degrading treatment or punishment by the government; arbitrary detention by the government; political prisoners and detainees; the absence of judicial independence; arbitrary interference in the private lives of citizens, including pervasive electronic media surveillance; serious restrictions on free expression, the press, and the internet, including violence and threats of violence, unjustified arrests or prosecutions of journalists, censorship, site blocking, and criminal libel laws; restrictive nongovernmental organization laws; interference with the rights to peaceful assembly and freedom of association; severe restrictions on political participation; diminishing ability of citizens to change their government peacefully through free and fair elections; pervasive corruption, including in the judiciary; lack of investigation of and accountability for violence against women; trafficking in persons; and the worst forms of child labor, including forced or compulsory child labor.
A pervasive culture of impunity continued. There were credible reports that government officials, including police, committed abuses with impunity, and in most cases the government took little or no action. Government officials and their family members were generally immune to prosecution.
Indonesia
Executive Summary
Indonesia is a multiparty democracy. In April 2019, Joko Widodo (popularly known as Jokowi) won a second five-year term as president. Voters also elected new members of the House of Representatives and the Regional Representative Council, as well as provincial and local legislatures. Domestic and international observers deemed the elections to be free and fair. Due to the COVID-19 pandemic, elections for some provincial and local executives originally scheduled for September 23 were postponed until December 9 to allow for implementation of health safety protocols.
The Indonesian National Police is responsible for internal security and reports directly to the president. The Indonesian National Armed Forces, which also report to the president, are responsible for external defense and combatting separatism, and in certain conditions may provide operational support to police, such as for counterterrorism operations, maintaining public order, and addressing communal conflicts. Civilian authorities maintained control over security forces. Members of the security forces committed abuses.
In Papua and West Papua Provinces, government forces continued security operations following a 2018 attack by the Free Papua Movement in which 19 civilians and one army soldier were killed. This led to the displacement of thousands of provincial residents, further Free Papua Movement attacks that caused civilian and security force deaths, and created serious humanitarian concerns.
Significant human rights issues included: unlawful or arbitrary killings; reports of torture by police; arbitrary arrest or detention; political prisoners; restrictions on free expression, the press, and the internet, including censorship and the existence of criminal libel laws; interference with the freedom of peaceful assembly; serious acts of corruption; lack of investigation of and accountability for violence against women; crimes involving violence or threats of violence against lesbian, gay, bisexual, transgender, and intersex persons; and the existence of laws criminalizing consensual same-sex sexual conduct between adults.
While the government took steps to investigate and prosecute some officials who committed human rights abuses, impunity for historic and continuing serious human rights abuses remained a significant concern, especially as some of those implicated in past abuses received promotions and occupied senior official positions.
Laos
Executive Summary
The Lao People’s Democratic Republic is ruled by its only constitutionally authorized party, the Lao People’s Revolutionary Party. The most recent National Assembly election held in 2016 was not free and fair. The ruling party selected all candidates, and voting is mandatory for all citizens. Following the election the National Assembly approved Thongloun Sisoulith to be prime minister.
The Ministry of Public Security maintains internal security and is responsible for law enforcement; the ministry oversees local, traffic, immigration, and security police, village police auxiliaries, and other armed police units. The armed forces, under the Ministry of Defense, also have some domestic security responsibilities, including counterterrorism, counterinsurgency, and border security. Civilian authorities maintained effective control over the security forces. Members of the security forces committed some abuses.
Significant human rights issues included: arbitrary detention; political prisoners; serious restrictions on free expression and the press, including censorship; substantial interference with the rights of peaceful assembly and freedom of association, including that of workers; restrictions on political participation; and corruption.
While the government prosecuted and punished officials for corruption, there were no prosecutions or punishments for officials who committed other abuses, and police and security forces committed human rights abuses with impunity.
Malaysia
Executive Summary
Malaysia is a federal constitutional monarchy. It has a parliamentary system of government selected through regular, multiparty elections and is headed by a prime minister. The king is the head of state, serves a largely ceremonial role, and has a five-year term. The kingship rotates among the sultans of the nine states with hereditary Malay rulers. In 2018 parliamentary elections, the opposition Pakatan Harapan coalition defeated the ruling Barisan Nasional coalition, resulting in the first transfer of power between coalitions since independence in 1957. Before and during the campaign, then opposition politicians and civil society organizations alleged electoral irregularities and systemic disadvantages for opposition groups due to lack of media access and malapportioned districts favoring the then ruling coalition. In February the Pakatan Harapan coalition collapsed, and power transferred to the new Malay-dominated Perikatan Nasional coalition; Muhyiddin Yassin became prime minister.
The Royal Malaysian Police maintain internal security and report to the Ministry of Home Affairs. State-level Islamic religious enforcement officers have authority to enforce some criminal aspects of sharia. Civilian authorities at times did not maintain effective control over security forces. Members of the security forces committed some abuses.
Significant human rights issues included: reports of unlawful or arbitrary killings by the government or its agents; reports of torture and cases of cruel, inhuman, or degrading treatment or punishment by the government; harsh and life-threatening prison conditions; arbitrary detention; problems with the independence of the judiciary; arbitrary or unlawful interference with privacy; restrictions on free expression, the press, and the internet, censorship, site blocking, and criminal libel laws; substantial interference with the rights of peaceful assembly and freedom of association; restrictions on and intolerance of religious freedom; restrictions on freedom of movement; serious acts of corruption; lack of investigation of and accountability for violence against women; trafficking in persons; violence against transgender persons; criminalization of consensual adult same-sex sexual activities; and child labor.
The government arrested and prosecuted some officials engaged in corruption, malfeasance, and human rights abuses, although civil-society groups alleged continued impunity.
Papua New Guinea
Executive Summary
Papua New Guinea is a constitutional, federal, multiparty, parliamentary democracy. Parliamentary elections took place in 2017, and the People’s National Congress party won a majority in the 111-seat unicameral parliament, led by former prime minister Peter O’Neill. In May 2019 O’Neill resigned, and parliament elected James Marape prime minister. In some parts of the country, electoral contests involved widespread violence, fraud, bribery, voter intimidation, and undue political and tribal influence.
The Royal Papua New Guinea Constabulary maintains internal security and reports to the Ministry of Police. The Defense Force is responsible for external security but also has some domestic security responsibilities, and reports to the Ministry of Defense. Civilian authorities at times did not maintain effective control over the security forces. Members of the security forces committed numerous abuses.
Significant human rights issues included: unlawful or arbitrary killings by police; torture by police and cases of cruel, inhuman, or degrading treatment or punishment; the existence of criminal defamation laws; serious acts of government corruption; lack of investigation of and accountability for violence against women; trafficking in persons; the criminalization of consensual same-sex sexual conduct between men, although the law was not enforced; and extensive child labor, including the worst forms of child labor.
The government frequently failed to prosecute or punish officials who committed abuses, whether in the security services or elsewhere in the government. Impunity was pervasive.
Philippines
Executive Summary
The Philippines is a multiparty, constitutional republic with a bicameral legislature. President Rodrigo Roa Duterte, elected in May 2016, began his constitutionally limited six-year term in June 2016. Midterm elections in May 2019 for 12 (of 24 total) senators, all congressional representatives, and local government leaders were seen as generally free and fair, despite reports of violence and vote buying. The ruling party and allies won all 12 Senate seats and maintained an approximately two-thirds majority in the 306-seat House of Representatives. Barangay (village) and youth council elections originally scheduled for 2021 were rescheduled for December 5, 2022, so that local and national elections would occur in the same year.
The Philippine National Police is charged with maintaining internal security in most of the country and reports to the Department of the Interior. The Armed Forces of the Philippines (armed forces), which reports to the Department of National Defense, is responsible for external security but also carries out domestic security functions in regions with a high incidence of conflict, particularly the Mindanao region. The two agencies share responsibility for counterterrorism and counterinsurgency operations. The national police Special Action Force is responsible for urban counterterrorism operations. Governors, mayors, and other local officials have considerable influence over local police units, including appointment of top departmental and municipal police officers and the provision of resources. The government continued to support and arm civilian militias. The armed forces controlled Civilian Armed Force Geographical Units, while Civilian Volunteer Organizations fell under national police command. These paramilitary units often received minimal training and were poorly monitored and regulated. Some political families and clan leaders, particularly in Mindanao, maintained private armies and, at times, recruited Civilian Volunteer Organization and Civilian Armed Forces Geographical Unit members into those armies. Civilian control over security forces was not fully effective. Members of the security forces committed numerous abuses.
Significant human rights issues included: unlawful or arbitrary killings, including extrajudicial killings, by and on behalf of the government and nonstate actors; reports of forced disappearance by and on behalf of the government and nonstate actors; torture by and on behalf of the government and nonstate actors; harsh and life-threatening prison conditions; arbitrary detention by and on behalf of the government and nonstate actors; significant problems with the independence of the judiciary; arbitrary and unlawful interference with privacy; unlawful recruitment or use of child soldiers by terrorists and groups in rebellion against the government; serious restrictions on free expression and the press, including violence, threats of violence, and unjustified arrests or prosecutions of journalists, censorship, and the use of criminal libel laws to punish journalists; and corruption.
The government investigated a limited number of reported human rights abuses, including abuses by its own forces, paramilitaries, and insurgent and terrorist groups. Concerns about police impunity continued following the increase in killings by police in 2016. Significant concerns also persisted about impunity for other security forces, civilian national and local government officials, and powerful business and commercial figures. Slow judicial processes remained an obstacle to bringing government officials allegedly involved in human rights abuses to justice.
Muslim separatists, communist insurgents, and terrorist groups continued to attack government security forces and civilians, causing displacement of civilians and resulting in the deaths of security force members and civilians. Terrorist organizations engaged in kidnappings for ransom, bombings of civilian targets, beheadings, and the use of child soldiers in combat or auxiliary roles.
Thailand
Executive Summary
Thailand is a constitutional monarchy, with King Maha Vajiralongkorn Bodindradebayavarangkun (Rama X) as head of state. In March 2019 Thailand held the first national election after five years of rule by a junta-led National Council for Peace and Order. The National Council-backed Phalang Pracharath Party and 18 supporting parties won a majority in the lower house, and they retained as prime minister National Council leader Prayut Chan-o-Cha, the leader of the 2014 coup and a retired army general. The election was generally peaceful with few reported irregularities, although observers noted that a restrictive legal framework and selective enforcement of campaign regulations by the Election Commission favored Phalang Pracharath-aligned parties.
The Royal Thai Police and the Royal Thai Armed Forces share responsibility for law enforcement and the maintenance of order within the country. The police report to the Office of the Prime Minister; the armed forces report to the Ministry of Defense. The Border Patrol Police have special authority and responsibility in border areas to combat insurgent movements. While more authority has been returned to civilian authorities following the election, they still do not maintain full control over the security forces. Members of the security forces committed a variety of abuses.
Significant human rights issues included: reports of unlawful or arbitrary killings by the government or its agents; torture and cases of cruel, inhuman, or degrading treatment or punishment by government officials; arbitrary arrest and detention by government authorities; political prisoners; politically motivated reprisal, including allegations of forced disappearance, against individuals located outside the country; political interference in the judiciary; serious restrictions on free expression, the press, and the internet, including arrests and prosecutions of those criticizing the government, censorship, website blocking, and criminal libel laws; interference with the rights of peaceful assembly and freedom of association, including harassment against human rights activists and government critics; refoulement of refugees facing threats to their life or freedom; restrictions on political participation; serious acts of corruption; trafficking in persons; and significant restrictions on workers’ freedom of association.
Authorities took some steps to investigate and punish officials who committed human rights abuses. Official impunity, however, continued to be a problem, especially in the southernmost provinces, where martial law remained in effect in Yala, Pattani, and Narathiwat provinces while the deep south emergency decree was in effect in all but six districts in those provinces. In each of the six districts where the emergency decree has been lifted since 2011, the 2008 Internal Security Act has been subsequently invoked.
Insurgents in the southernmost provinces committed human rights abuses and made attacks on government security forces and civilian targets.
Vietnam
Executive Summary
The Socialist Republic of Vietnam is an authoritarian state ruled by a single party, the Communist Party of Vietnam, and led by General Secretary and President Nguyen Phu Trong, Prime Minister Nguyen Xuan Phuc, and Chairwoman of the National Assembly Nguyen Thi Kim Ngan. The most recent National Assembly elections, held in 2016, were neither free nor fair; there was limited competition among Communist Party-vetted candidates.
The Ministry of Public Security is responsible for internal security and controls the national police, a special national security investigative agency, and other internal security units. The Vietnam People’s Army aids civilian authorities to provide relief in times of natural disaster. Civilian authorities maintained effective control over the security forces. Members of the security forces committed numerous abuses.
Significant human rights issues included: unlawful or arbitrary killings by the government; torture by government agents; arbitrary arrests and detentions by the government; political prisoners; significant problems with the independence of the judiciary; arbitrary or unlawful interference with privacy; serious restrictions on free expression, the press, and the internet, including arbitrary arrest and prosecution of government critics, censorship, site blocking, and criminal libel laws; substantial interference with the freedom of peaceful assembly and freedom of association; significant restrictions on freedom of movement, including exit bans on activists; inability of citizens to change their government peacefully through free and fair elections; restrictions on political participation; serious acts of corruption; trafficking in persons; significant restrictions on workers’ freedom of association; and use of compulsory child labor.
The government occasionally took corrective action, including prosecutions against officials who violated the law, but police officers and state officials frequently acted with impunity.