Sentencing of Mr. U Thet Way to two-years' imprisonment with hard labour

September 24, 2008

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 reliable sources, including the International Trade Union Confederation (ITUC), about the sentencing of Mr. U Thet Way, a Burmese labour activist. Mr. U Thet Way is actively working to prevent child soldiers recruitment and forced labour practice in Burma, and has helped to supply the International Labour Organisation (ILO) with information on forced labour including the military junta’s practice of recruitment of children into the army. Many of these complaints have been successfully resolved. He is also the Chairman of the National League for Democracy’s Sanchaung Township.

According to the information received, on September 16, 2008, Mr. U Thet Wai was sentenced to two-years’ imprisonment with hard labour by the Panbedan Township Court.

Mr. U Thet Wai had been arrested on January 9, 2008, while attending the trial of Mr. U Ohn Than, who had been arrested for having participated in a solo protest in Rangoon. A group of police officials searched him, while he was speaking with Mr. U Ohn Than during the break and they found a memory stick containing documents he had sent to ILO, regarding child soldiers recruitment and forced labour practice in Burma. As the police officers searched him and confiscated the memory stick, Mr. U Thet Wai complained against their search and confiscation without proper warrant from a judge. Then the police charged him with “obstruction of performance of officials duty”.

Mr. U Thet Wai was subsequently released on bail, until he was sentenced on September 16, 2008.

As of issuing this urgent appeal, Mr. U Thet Wai remains detained in Insein Prison.

On September 19, 2008, the International Labour Office said it is “concerned and disappointed” at the sentencing and that in March of this year [it] expressed the expectation that he would retain his freedom”, adding that “this expectation was reconfirmed by the 97th Session of the International Labour Conference in June of this year”[1].

The Observatory expresses its deepest concern regarding Mr. U Thet Way’s sentencing and arbitrary detention, which evidences the extremely repressive environment for human rights defenders in the country, and which clearly violates international labour standards, including the International Labour Organisation Convention 87, which has been ratified by Burma.

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 Mr. U Thet Way;
2. Release him immediately and unconditionally since his detention is arbitrary as it merely aims at sanctioning his human rights activities;
3. Put an end to all harassment and threats against human rights defenders in Burma;
4. Conform with above-mentioned Articles 1 and 12.2 of the United Nations Declaration on Human Rights Defenders;
5. 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:

• Mr. Aye Maung, Attorney General, Office of the Attorney General, 101 Pansodan Street, Kyauktada Township, Yangon, Myanmar, Fax: + 95 1 371 028/ 282 449 / 282 990
• Lt Sein Thein, Prime Minister, c/o Ministry of Defence, Signal Pagoda Road, Yangon, Myanmar, Tel: + 95 1 372 681; Fax: + 95 1 652 624
• Minister for Home Affairs, Ministry of Home Affairs, No. 10 Naypyidaw, Myanmar; Tel: +95 67 412 040/ 069/ 072; Fax: +95 67 412 016/ 439; E-mail: ddg.gad@gad.gov.mm
• 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
• 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 24, 2008

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

[1] http://www.ilo.org/global/About_the_ILO/Media_and_public_information/Press_releases/lang--en/WCMS_098374/index.htm