BURMA/MYANMAR: Child worker tortured by employers, police make no arrests

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-112-2014
ISSUES: Administration of justice, Child rights, Right to redress, Rule of law, Violence against women,

Dear Friends,

The Asian Human Rights Commission (AHRC) has received information about Ma Htet Htet, a 14-year-old girl (from Myaung Mya Township, Ayeyawady region, Burma) who is permanently injured and still needs treatment after being discharged from the hospital. As a domestic helper, she endured months of torture at the hands of her employers and was denied local treatment. Police have not taken effective action against the employers who are still hiding from their crime. 

CASE NARRATIVE:

In December 2013, Ma Htet Htet started working in the actress Thiri Ko Ko Naing’s house in Yangon for 25,000 kyats ($25 USD) per month. During her time in the house, she suffered numerous instances of torture. Her hands were put in hot oil when she overcooked pork curry by mistake, permanently disabling her right hand. Kyi Hla Myint, the actress’s husband, punched her in the face because the couple believed Ma Htet Htet had let their dog die from neglect. The couple beat her with a stick, hit her head, stabbed her with scissors, and cut her hands with pliers. After four months of work, her body was covered with bruises.

Although Ma Htet Htet was suffering from such serious injuries, her employers did not take her to a hospital. When the bruises that covered her body worsened, they sent her to Pathein Township, where the actress’s father lives, in order to avoid local suspicion. The father, U Ko Ko Naing, who is an Authority Officer of Ayeyarwady Regional Port, sent the child to La Min Private Clinic, but the clinic did not examine her because they believed her injuries were the result of a crime. They suggested sending her to Pathein General Hospital where she was eventually admitted to No.7 Ward, on 26 March 2014. The perpetrators did not contact the girl’s family and the hospital did not inform the police, despite the seriousness of her injuries.

The hospital and the perpetrators kept the crime secret for days, but a Buddhist monk and the Myanmar Cultural Impact Studies Club eventually discovered what had happened to the girl, contacted her family and offered to help. Ma Htet Htet’s mother lodged a complaint in Pathein No. 2 Police Station against Thiri Ko Ko Naing and her husband for torturing her child. The police filed a case under Penal Code Section 326/325 (grievous injury): case No.51/2014, No.2 Pathein Police Station. However, they then transferred the case to Bahan Township where the perpetrators live. It has been 5 months since the case was transferred to Bahan Township Police Station. The child is still suffering from the damage inflicted by the torture but that her family can’t afford regular hospital visits. The girl is still afraid of people because of the incident. The victim still requires treatment, while perpetrators have not been arrested or prosecuted. 

ADDITIONAL INFORMATION: 

A similar case occurred in Bago Township; Daw Phyu Win Thet, wife of a Bago Sub-Township Judge, tortured 15-year-old domestic helper Ma Aye Yu Aung with a hot iron. Due to the permanent physical and mental damage, the victim’s family lodged a complaint against the woman. However, the perpetrator is still free and has never faced trial because the police have not taken action. 

Myanmar has signed the Convention on the Rights of the Child in 1999 but still does not offer sufficient protection to the children. 

SUGGESTED ACTION:
Please write to the persons listed below to call for investigation and prosecution of this case, and for protection and treatment of this child victim. Please note that for the purposes of the letter, Burma is referred to by its official name, Myanmar. Please be informed that the AHRC is writing separate letters to the UN Special Rapporteurs on Myanmar; violence against women; the regional human rights office for Southeast Asia; and the UNICEF Representative in Myanmar; calling for interventions into this case.

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear ……………..,

BURMA/MYANMAR: Child worker tortured by employers, police make no arrests

Name of victim: Ma Htet Htet, 14, domestic worker, resident of Waedaung village, Mae Kyaw village tract, Myaung Mya Township, Ayeyawady Region, Myanmar

Names of alleged perpetrators: 
1. Ma Thiri Ko Ko Naing, actress and employer of the victim
2. Kyi Hla Myint, husband of Ma Thiri Ko Ko Naing (Both husband and wife reside at No. 30, Bahan Township, Kaba Aye Pagoda Road, Komin Kochin Quarter, Yangon, Myanmar)
3. U Ko Ko Naing, father of Ma Thiri Ko Ko Naing, & Authority Officer, Ayeyarwady Regional Port
4. Police Inspector U Tun Mhwe, Bahan Township Police Station
5. Township Doctor from Pathein General Hospital

Date of incident: December 2013 – present
Place of incident: The house of the alleged perpetrators (i.e. No. 30, Bahan Township, Kaba Aye Pagoda Road, Komin Kochin Quarter, Yangon)

I am writing to voice my deep concern that a child, working as a domestic helper, is still suffering from the effects of the torture her employer, actress Thiri Ko Ko Naing and her husband, inflicted on her. I have learned that after four months of work she was left covered in bruises and has sustained permanent injuries from her abuse, and that while she has been discharged, she still requires medical treatment. Despite these facts, the perpetrators have not been arrested. 

I understand that Ma Htet Htet started working in the actress’s house in Yangon for 25,000 kyats ($25 USD) per month in December 2013. During her time in the house, she suffered numerous instances of torture. Her hands were put in hot oil when she overcooked pork curry by mistake, which permanently disabled her right hand. Kyi Hla Myint, the actress’s husband, punched her in the face because the couple believed the girl had let their dog die from neglect. The couple beat her with a stick, hit her head, stabbed her with scissors, and cut her hands with pliers. After four months of work her body was covered with bruises.

Although she was suffering from such serious injuries, the employers did not take her to a hospital. When the bruises that covered her body got worse, they sent her to Pathein Township, where the actress’s father lives, in order to avoid local suspicion. The father, U Ko Ko Naing, who is an Authority Officer of Ayeyarwady Regional Port, sent the child to La Min Private Clinic, but the clinic refused to examine and treat her because they believed her injuries were the result of a crime. They suggested sending her to Pathein General Hospital, where she was eventually admitted to No. 7 Ward, on 26 March 2014. The perpetrators did not contact the girl’s family and the hospital did not inform the police, despite of the seriousness of her injuries.

The hospital and the perpetrators kept it secret for days, but a Buddhist monk and the Myanmar Cultural Impact Studies Club eventually discovered what had happened to the girl, contacted her family and offered help. Ma Htet Htet’s mother filed a complaint in Pathein No. 2 Police Station against Thiri Ko Ko Naing and her husband for torturing her child. The police filed a case under Penal Code Section 326/325 (grievous injury): case No.51/2014, No. 2 Pathein Police Station. However, they then transferred the case to Bahan Township where the perpetrators reside. It has been almost 5 months since the case was transferred to Bahan Township Police Station. The victim still requires treatment. And, the perpetrators have not been arrested or prosecuted. Police Inspector U Tun Mhwe, Bahan Police Station has said they are investigating the case. However, the perpetrators apparently do not live in the house anymore. The police said they have filed a case against the perpetrators in Bahan Township Court. I have learned that the child is still suffering from the damage inflicted by the torture but that her family can’t afford regular hospital visits. The girl is still afraid of people because of the incident. 

Therefore, I urge you to help the police to take effective action to the perpetrators and to ensure that children in Burma are protected from torture and abusive labour, in accordance with law. Every child’s rights should be respected in Burma. I urge the government to take responsibility in pursuing cases where perpetrators in positions of authority abuse their official position.

Yours Sincerely,

—————-
PLEASE SEND YOUR LETTERS TO:

1. U Thein Sein
President of Myanmar
President Office
Office No.18
Naypyitaw
MYANMAR

2. Daw Aung San Suu Kyi
Chairwoman
Pyithu Hluttaw Rule of Law and Tranquility Committee
Office of the Pyithu Hluttaw
Naypyitaw
MYANMAR

3. U Kyaw Kyaw Htun
Director General
Myanmar Police Force
Ministry of Home Affairs
Office No. 10
Naypyitaw
MYANMAR
Tel: +95 67 412 079/ 549 393/ 549 663
Fax: +951 549 663/ 549 208

4. Dr. Daw Myat Myat Ohn Khin
Union Minister for the Social Welfare, Relief and Resettlement
Ministry of Social Welfare, Relief and Resettlement
Building No.2, Naypyitaw
MYANMAR
Tel: +95 567 404020
Fax: +95 567 404335

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-112-2014
Countries : Burma (Myanmar),
Issues : Administration of justice, Child rights, Right to redress, Rule of law, Violence against women,