Harsh prison sentences imposed on six labour rights advocates

The Observatory for the Protection of Human Rights Defenders, a joint programme of the World Organisation Against Torture (OMCT) and the International Federation for Human Rights (FIDH), requests your urgent intervention in the following situation in Burma.

Description of the situation:

The Observatory has been informed by the International Trade Union Confederation (ITUC) about heavy prison sentences that were recently imposed on six labour rights advocates after they after they tried to organise a seminar at the US Embassy’s American Centre in Rangoon at the occasion of Labour Day.

According to the information received, on September 7, 2007, during a trial held inside Rangoon’s Insein prison, Messrs. Thurein Aung, Kyaw Kyaw, Wai Lin, Myo Min, Kyaw Win, and Nyi Nyi Zaw, were all found guilty of “inciting hatred or contempt for the government”, and some of them for membership in “illegal associations”. Messrs. Thurein Aung, Wai Lin, Myo Min and Kyaw Win were sentenced to 28 years prison, while Messrs. Nyi Nyi Zaw and Kyaw Kyaw were sentenced to 20 years’ imprisonment.

Messrs. Thurein Aung, Kyaw Kyaw, Wai Lin and Nyi Nyi Zaw had been arrested on May 1, 2007 after holding a May Day celebration and planning to discuss labour issues at the American Centre. This event was immediately cancelled subsequent to the arrests. On May 10, 2007, Messrs. Kyaw Win and Myo Min were arrested on their way to the Thai-Burma border in order to inform the outside world about these May Day arrests.

Subsequent to their arrest, the six activists were held at a special interrogation centre, before being transferred to the central prison, where they were reportedly held in separate buildings, denied visits, and also subjected to cruel and inhuman treatment. Besides, the interrogations of the six men by Burmese security agencies reportedly focused specifically on finding links with the Federation of Trade Unions of Burma (FTUB).

The Observatory expresses its deepest concern regarding these harsh prison sentences, which evidence the extremely repressive environment for human rights defenders in the country, and which clearly violate international labour standards, including the International Labour Organisation Convention 87, which has been ratified by Burma. Furthermore, the Observatory points out that on September 8, 2007, the ILO reportedly described these sentences as “entirely unwarranted” and called on the Burmese authorities to release the six men without delay.

The Observatory further recalls that according to the United Nations Declaration on Human Rights Defenders adopted by the UN General Assembly on December 9, 1998, “everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels” (Article 1) and “The State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the [...] Declaration” (Article 12.2).

Action requested:

Please write to the Burmese authorities urging them to:

1. Guarantee in all circumstances the physical and psychological integrity of the six above-mentioned human rights defenders;
2. Release the above-mentioned human rights defenders immediately and unconditionally since their detention is arbitrary as it merely aims at sanctioning their human rights activities;
3. Conduct a fair and impartial investigation into alleged acts of ill-treatment so that the all those responsible be identified, brought to justice and sentenced according to sanctions provided by law;
4. Put an end to all harassment and threats against human rights defenders in Burma;
5. Conform with above-mentioned Articles 1 and 12.2 of the United Nations Declaration on Human Rights Defenders;
6. Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments ratified by Burma.

Addresses:

1. Senior General Than Shwe, Chairman of the State Peace and Development Council, Pyinmana, Burma, Email: myanmar@un.int
2. Mr. Aye Maung, Attorney General, Office of the Attorney General, Office No. 25, Naypyitaw, Burma, Tel: +95 67 404 088/ 090/ 092/ 094/ 097, Fax: +95 67 404 146/ 106;
3. Lt-Gen. Thein Sein, Acting Prime Minister, c/o Ministry of Defence, Naypyitaw, Burma, Tel: + 95 1 372 681; Fax: + 95 1 652 624;
4. Maj-Gen. Maung Oo, Minister for Home Affairs, Ministry of Home Affairs, Office No. 10, Naypyitaw, Burma, Tel: +95 67 412 040/ 069/ 072, Fax: +95 67 412 016/ 439, e-mail: ddg.gad@gad.gov.mm;
5. Mr. Aung Toe, Chief Justice, Office of the Supreme Court, Office No. 24, Naypyitaw, Burma, Tel: + 95 67 404 080/ 071/ 078/ 067 or + 95 1 372 145, Fax: + 95 67 404 059;
6. Brig-Gen. Khin Yi, Director General, Burma Police Force, Naypyitaw, Burma, Tel: + 95 1 549 196/ 228/ 209; email: wynnm@mpf.gov.mm or mone@mpf.gov.mm
7. Permanent Mission of Myanmar to the United Nations in Geneva, 47 avenue Blanc, 1202 Geneva, Switzerland, Tel: + 41 22 906 98 70; Fax: + 41 22 732 89 19; Email: mission.myanmar@ties.itu.int
8. Embassy of Myanmar in Brussels, 9 boulevard Général Wahis, 1030 Schaerbeek, Brussels, Belgium, Fax: + 32 2 705.50.48.

Please also write to the diplomatic representations of Burma in your respective countries.

***

Geneva - Paris, September 13, 2007

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.

The Observatory, a FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need. The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.

To contact the Observatory, call the emergency line:
E-mail: Appeals@fidh-omct.org
Tel and fax FIDH + 33 (0) 1 43 55 20 11 / +33 1 43 55 18 80
Tel and fax OMCT + 41 (0) 22 809 49 39 / + 41 22 809 49 29