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UPDATE (Burma): Human rights defenders are among those released from jail

September 21, 2009

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Update: AHRC-UAU-025-2009

22 September 2009

[RE: AHRC UP-144-2007: BURMA: Appeals against imprisonment of seven human rights defenders rejected; more reportedly jailed; AHRC-UAC-025-2009: BURMA: Nine people convicted without admissible evidence over protests; AHRC UP-114-2007: BURMA: Despite over 100 arrests, protests continue; still no action by UN]
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BURMA: Human rights defenders are among those released from jail

ISSUES: Military government; judicial system; illegal detention; freedom of expression
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Dear friends,

The Asian Human Rights Commission (AHRC) is pleased to let you know that a number of human rights defenders on whose behalf we have campaigned in recent years have been released from imprisonment in Burma, as well as some of those who were involved in the September 2007 protests.

DETAINEES RELEASED:

The AHRC continues to receive information about the release of people in Burma who have until now been unlawfully detained, a number of them from the local Human Rights Defenders and Promoters (HRDP) group. We have already issued an update on two journalists just freed (UAU-023-2009).

We have since learned that five of the 'Hinthada 6' – local activists and HRDP members – were released from prison in Hinthada last week. They are U Hla Shein, U Win, U Myint, U Mya Sein and U Kyaw Lwin. Sadly one of the six, U Myint Naing, remains in prison and we ask that you continue to offer your support via our campaign page: http://campaigns.ahrchk.net/hinthada6/.

HRDP member and tuition teacher Min Min was released from Lashio Prison in Shan State; for details of his case see UP-105-2007, while two others from the group were released from Taunggoo Prison. Ko Thet Oo and Ko Zaw Htun were detained during the September 2007 protests (OL-035-2007).

Aside from members of the HRDP, a number of others who were unlawfully detained and charged after the 2007 protests have also gone free. So far we have been informed that they include:

1. Pyi Phyoe Aung, from the Irrawaddy Delta, who was released from Pa-an Prison, Karen State; he was one of nine people accused of organizing the protests and his co-defendants are believed to be still in jail (see UAC-025-2009).

2. Khin Moe Aye, from Rangoon, convicted in a currency offence at the time of the protests (see case no. 10); her co-defendant was not released.

3. Sandar Min, who was detained at Myaung Mya Prison in the delta after the first protests in August 2007 (see UP-114-2007).

Thank you to everyone who acted upon and took an interest in these cases.

STILL INSIDE:

Aside from U Myint Naing, other members of the HRDP remain in prison, including the group's founder, U Myint Aye, who has been falsely accused of masterminding bombings in the former capital, Rangoon (AHRC-UAU-018-2009), and Ko Thiha, who was also detained in September 2007 (AHRC-UAC-052-2008).

Hundreds of other people detained during or after the September 2007 protests still remain in prison, including those in the following cases: AHRC-UAC-007-2009; AHRC-UAC-004-2009; AHRC-UAU-006-2009; AHRC-UAC-002-2009; AHRC-UAU-070-2008; AHRC-UAC-248-2008; AHRC-UAC-246-2008; AHRC-UAC-223-2008; AHRC-UAU-061-2008.

See also other recent wrongful and arbitrary imprisonment cases in Burma: AHRC-UAU-024-2009; AHRC-UAC-110-2009; AHRC-UAC-107-2009;AHRC-UAC-074-2009; AHRC-UAC-040-2009; AHRC-UAC-009-2009.

Please keep up the advocacy to have all of these detainees released, and for the International Committee of the Red Cross to again have access to Burma's prisons.

Thank you

Urgent Appeals Programme
Asian Human Rights Commission (AHRC) (ua@ahrchk.org)
Document Type :
Urgent Appeal Update
Document ID :
AHRC-UAU-025-2009
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.