	Introduction

The status of Burma's political prisoners is an important issue for U.S. policy towards Burma (Myanmar). As President, Thein Sein granted amnesty to hundreds of political prisoners, but his government and the Burmese military continued to arrest and incarcerate alleged political prisoners. On November 8, 2015, The National League for Democracy (NLD), led by Nobel laureate Aung San Suu Kyi, won a majority of the seats in nationwide elections for both chambers of Burma's Union Parliament. Despite these actions, according to the Assistance Association for Political Prisoners (Burma), or AAPP(B), and the Former Political Prisoners Society (FPPS), two nonprofit organizations dedicated to identifying, locating, and assisting political prisoners in Burma, the Htin Kyaw government was incarcerating 67 political prisoners as of May 31, 2016, and another 189 were awaiting trial (including 47 in detention). All of Burma's security forces, including the national Myanmar Police Force (MPF), are controlled by the Tatmadaw and its Commander-in-Chief Senior General Min Aung Hlaing. Burma's security forces allegedly use laws—some promulgated by the military juntas and some passed during the Thein Sein government (2011-2016)—to arrest and detain people for political reasons. The Obama Administration has recognized past releases of political prisoners as evidence of political progress in Burma, while reportedly continues to work with the new NLD-led government to press for the release of the remaining political prisoners and the prevention of the arrest and detention of new political prisoners. Defining Political Prisoners

At present, there is no consensus on how many political prisoners there are in Burma. Similarly, Burma's military prefers to restrict the definition of political prisoner to only include "prisoners of conscience." Current Estimates

Different groups provide varying estimates of the number of political prisoners being detained in Burma. According to the AAPP(B), as of June 30, 2016, 83 political prisoners remained in prison and an additional 203 were awaiting trial. This number did not include detainees in Rakhine State, estimated to be in the hundreds. One possible approach is to amend or repeal some of the laws that have been used in the past to arrest and imprison people for political reasons, including:
The Right to Peaceful Assembly and Peaceful Procession Act : 30 The act places a number of conditions and restrictions on the right to hold peaceful protests or assemblies. Similarly, the Burmese Freedom and Democracy Act of 2003 (BFDA) ( P.L. The Tom Lantos Block Burmese JADE (Junta's Anti-Democratic Efforts) Act of 2008 (JADE Act) ( P.L. The release of all political prisoners is also one of the preconditions for the removal of many of the U.S. sanctions on Burma (see Table 1 ). Beyond the laws imposing sanctions on Burma, Congress has also enacted legislation addressing the issue of political prisoners in Burma. The State Department welcomed the April 2016 release of political prisoners by the NLD-led government, but it remains to be seen how active it will be in encouraging the release of any remaining political prisoners and/or assisting the new government's efforts to prevent the arrest and detention of new political prisoners. No similar statement was made following the political prisoner release on April 17, 2016. It may also assess the political prisoner issue, either in isolation or as part of a broader consideration of human rights in Burma and U.S. policy. As previously mentioned, the Consolidated Appropriations Act of 2014 ( H.R. 113-76 ) required the Department of State and the U.S. Agency for International Development (USAID) to "support programs for former political prisoners" and "monitor the number of political prisoners in Burma," as well as develop a "comprehensive strategy for the promotion of democracy and human rights in Burma," including support for former prisoners. The Senate version of the State Department, Foreign Operations, and Other Related Programs Appropriations Act, 2017 ( S. 3117 ) would reinstate the requirement in P.L. 113-76 that funds be provided for the implementation of the mandated comprehensive strategy, which would presumably include support for former political prisoners.
The release of all Burma's political prisoners is one of the fundamental goals of U.S. policy towards the nation. Several of the laws imposing sanctions on Burma—including the Burmese Freedom and Democracy Act of 2003 (BFDA, P.L. 108-61) and the Tom Lantos Block Burmese JADE (Junta's Anti-Democratic Efforts) Act of 2008 (JADE Act, P.L. 110-286)—require the release of all political prisoners before the sanctions contained in those laws can be terminated.
Although the outgoing President Thein Sein provided pardons or amnesty for more than 1,000 alleged political prisoners, security forces continued to arrest new political prisoners and over 100 political prisoners remained in jail when he left office in March 2016. Burma's new President, Htin Kyaw, released more than 200 political prisoners in his first month in office. The leadership of the new Union Parliament, in which the National League for Democracy (NLD) led by Nobel laureate Aung San Suu Kyi holds a majority in both chambers, has stated plans to revise, amend, or repeal laws that have been used by Burma's security forces to detain people for political reasons.
While the new NLD-led government appears willing to address the political prisoner issue, it is unclear if Burma's military leadership and its security forces, which retain substantial power under Burma's new political structure, will desist in arresting and detaining people allegedly for political reasons. All of Burma's security forces, including the national Myanmar Police Force, report directly to the Burmese military and Commander-in-Chief Senior General Min Aung Hlaing. In the past, Burma's security forces have used provisions in laws promulgated by the nation's past military juntas to arrest and try political dissidents and protesters. Burma's courts and judges have demonstrated a willingness to convict these people.
Estimates of how many political prisoners are being detained in Burma vary. According to two nonprofit organizations dedicated to identifying and locating political prisoners in Burma, the Assistance Association for Political Prisoners (Burma), or AAPP(B), and the Former Political Prisoners Society (FPPS), the Burmese government, as of June 30, 2016, was incarcerating 83 political prisoners and an additional 203 were awaiting trial.
Differences in estimates of the number of political prisoners in Burma can be attributed to two main factors. First, Burma's prison and judicial system is not transparent, making it difficult to obtain accurate information. Second, there is no consensus on the definition of a "political prisoner." Some limit the definition of "political prisoner" to "prisoners of conscience;" others include detained members of ethnic militias as political prisoners.
The State Department consulted with the government of former Prime Minister Thein Sein to promote the release of Burma's political prisoners, but Administration interest in the issue appears to have declined over time. The State Department commended the NLD-led government for its first political prisoner release on April 8, 2016, but did not issue a similar statement of support for the second such release on April 17, 2016.
Congress may choose to examine the political prisoner issue in Burma either separately or as part of a broader review of U.S. policy towards Burma. The Consolidated Appropriations Act of 2014 (P.L.113-76) required the Secretary of State to submit to Congress "a comprehensive strategy for the promotion of democracy and human rights in Burma," including support for former political prisoners. The State Department, Foreign Operations, and Other Related Programs Appropriations Act, 2017 (S. 3117) would require funds be provided to implement the strategic plan, presumably including support for former political prisoners.
This report will be updated as circumstances require.