Home / News / Urgent Appeals / UPDATE (Burma): Victims in criminal defamation case jailed; ILO says trying to resolve matter

UPDATE (Burma): Victims in criminal defamation case jailed; ILO says trying to resolve matter

October 18, 2004

UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

Update on Urgent Appeal
19 October 2004

[RE: UA-112-2004: BURMA: Complaints against forced labour blocked and victims punished on 2 September 2004; UP-50-2004: BURMA: Another complaint registered against local authorities in Henzada Township on 17 September 2004; UP-51-2004: BURMA: Henzada Township court throws out forced labour complaints on 28 September 2004; UP-55-2004: BURMA: Villagers given six-months' jail term for alleging forced labour on 12 October 2004]
----------------------------------------------------------------------
UP-60-2004: BURMA: Victims in criminal defamation case jailed; ILO says trying to resolve matter

BURMA: Forced labour; impunity; judicial partiality; misuse of authority
----------------------------------------------------------------------

Dear friends,

The Asian Human Rights Commission (AHRC) would like to inform you that the International Labor Organization (ILO) has expressed its concern regarding the imprisonment of two Burmese men who filed forced labour complaints against local officials. The AHRC has issued several urgent appeals on this matter. (UA-112-2004, UP-50-2004, UP-51-2004 and UP-55-2004

In response to the AHRC's last appeal on the case, ILO liaison officer Richard Horsey told the Associated Press, "This is a serious case and the ILO is aware of the case." He also added, "We are doing everything we can to resolve the matter."

Khin Zaw and Ohn Myint were sentenced six month's imprisonment or a fine of 10,000 Kyat each (about US$ 10) by the Henzada Township Court on 7 October 2004 for criminal defamation after they had attempted to take complaints of forced labour to the courts. The two victims chose the jail term.

The AHRC has today received information from the Yoma-3 news service that the two men have been imprisoned in a separate wing of the Henzada Prison. According to the report, they have not been put together with the other common criminals. Ordinarily, the authorities in Burma put prisoners separately when they are seen as a political threat.  

Meantime, the AHRC has been directly informed by the ILO that letters on this and other appeals about forced labour should be sent to the following address. Please do not send letters to Mr. de Riedmatten as he has not been appointed Facilitator for ILO Liason Officer to Myanmar.

Mr. Richard Horsey
Liaison Officer (Myanmar)
International Labor Organization (ILO)
4, route des Morillons
CH-1211 Geneva 22
Switzerland
Fax: +41 22 798 8685


Thank you.
 
Urgent Appeals Desk
Asian Human Rights Commission (AHRC)

Document Type :
Urgent Appeal Update
Document ID :
UP-60-2004
Countries :
Issues :
Document Actions
Share |
Subscribe to our Mailing List
Follow AHRC
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.