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BURMA: Another human rights defender assaulted

March 30, 2008

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

Urgent Appeal Case: AHRC-UAC-062-2008

31 March 2008
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BURMA: Another human rights defender assaulted

ISSUES: Attack on human rights defenders
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Special campaign
THE HINTHADA 6
http://campaigns.ahrchk.net/hinthada6/

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Dear friends,

The Asian Human Rights Commission (AHRC) has been informed by the Yoma 3 news service (Thailand) and other sources that the organiser of the Human Rights Defenders and Promoters (HRDP) group in Burma was on March 27 assaulted on a public street. Although the police said that the victim was entitled to complain, so far there has been no investigation.

CASE DETAILS:

At about 9pm on 27 March 2008, U Myint Aye, who heads the HRDP, was waiting for a taxi in Sanchaung Township of Rangoon when an unknown man came up and hit him on the head before running away. Myint Aye was rushed to hospital and later transferred to the General Hospital where he received five stitches and was x-rayed.

The next day, the chief of police in Sanchaung, named Kyaw Kyaw, came to the hospital and told Myint Aye that he could make a complaint about the case. However, Myint Aye has said that so far there have been no inquiries into the incident.

Myint Aye told the Burmese service of Voice of America radio that he is too old to be having fights on the street and as he has no personal conflicts the only reason he can think of for the assault is his human rights work.

BACKGROUND INFORMATION:

The attack on U Myint Aye follows a familiar pattern of attacks on human rights defenders in Burma, such as the assault on U Than Lwin (UA-230-2007) who has since gone blind in one eye as a result of delayed medical treatment while in prison (AHRC-OLT-003-2008) and the six members of HRDP who were assaulted in Hinthada and then also jailed (The Hinthada 6). The HRDP group has itself been a special target for attacks and arrests: see the recent case of Ko Thiha (AHRC-UAC-052-2008) and earlier, UP-108-2007 and AHRC-OL-035-2007.

For further general information on Burma see also the 2007 AHRC Human Rights Report chapter on Burma.

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SUGGESTED ACTION:

Please write to the persons listed below to call for a thorough investigation of the assault on U Myint Aye. Please note that for the purpose of the letter, the country should be referred to by its official title of Myanmar, rather than Burma, and Rangoon, Yangon.

Please be informed that the AHRC is writing a separate letter to the UN Special Rapporteur on Myanmar, the UN Special Representative on Human Rights Defenders and the UN Regional Human Rights Office for South East Asia, calling for intervention in this case.

SAMPLE LETTER:

Dear ___________,

MYANMAR: Human rights defender assaulted

Details of victim: U Myint Aye (a.k.a. U Maung Sein), 57, Chairperson, Human Rights Defenders & Promoters, residing at Makyidan Hill, East Ward, Kyimyindaing Township, Yangon
Place of incident: Intersection of Padummar and Bhagarar roads, Sanchaung Township, Yangon
Date of incident: 27 March 2008, around 9pm

I am highly concerned to hear that an "unknown person" has assaulted yet another human rights defender in Myanmar.

According to the information I have received, around 9pm on 27 March 2008 at the place indicated above an unidentified man hit U Myint Aye, the leader of the Human Rights Defenders and Promoters (HRDP) group on the head and ran away. U Myint Aye was admitted to hospital and had five stitches to the wound as well as x-rays before being discharged.

Although the Sanchaung Township Police chief reportedly visited U Myint Aye in hospital and told him that he could lodge a complaint about the assault, according to the victim there has so far been no investigation.

Given that U Myint Aye has no personal enemies and also that this assault follows a pattern of similar attacks on human rights defenders over the last year, including that on U Than Lwin in Mettaya Township, Mandalay, and the assault on Ko Myint Naing and five others in Hinthada Township, Ayeyarwaddy Division, I share his concerns that the attack was motivated by his human rights work.

I urge that the Myanmar Police Force take the necessary steps to fully investigate and apprehend the culprit of this attack. In this regard I wish to remind the Government of Myanmar that under international human rights standards where there is a clear pattern of incidents that infringe on basic human rights and the state fails to address this then it too is complicit, irrespective of whether or not it was directly involved.

Yours sincerely

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PLEASE SEND YOUR LETTERS TO:

1. Maj-Gen. Maung Oo
Minister for Home Affairs
Ministry of Home Affairs
Office No. 10
Naypyitaw
MYANMAR
Tel: +95 67 412 079/ 549 393/ 549 663
Fax: +95 67 412 439

2. Brig-Gen. Khin Yi
Director General
Myanmar Police Force
Ministry of Home Affairs
Office No. 10
Naypyitaw
MYANMAR
Tel: +95 67 412 079/ 549 393/ 549 663
Fax: +95 67 412 439

3. U Aye Maung
Attorney General
Office of the Attorney General
Office No. 25
Naypyitaw
MYANMAR
Tel: +95 67 404 088/ 090/ 092/ 094/ 097
Fax: +95 67 404 146/ 106

4. Lt-Gen. Thein Sein
Prime Minister
c/o Ministry of Defence
Naypyitaw
MYANMAR
Tel: + 95 1 372 681
Fax: + 95 1 652 624

5. Mr. Shariq Bin Raza
Representative
UN Office on Drugs and Crime
11A Malikha Road
Ward 7, Mayangone Township
Yangon
MYANMAR
Tel: +951 666 903/ 660 556/ 660 538/ 660 398/ 664 539
Fax: +951 651 334
E-mail: fo.myanmar@unodc.org, shariq.raza@unodc.org, camila.vega@unodc.org 

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)

Document Type :
Urgent Appeal Case
Document ID :
AHRC-UAC-062-2008
Countries :
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.