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UPDATE (Burma): Villagers released from detention in forced labour case

October 25, 2004

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

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

Update on Urgent Appeal
26 October 2004

(UA-112-2004: BURMA: Complaints against forced labour blocked and victims punished issued on 2 September 2004; UP-50-2004: BURMA: Another complaint registered against local authorities in Henzada Township issued on 17 September 2004; UP-51-2004: BURMA: Henzada Township court throws out forced labour complaints issued on 28 September 2004; UP-55-2004: BURMA: Villagers given six-months' jail term for alleging forced labour; UP-60-2004: BURMA: Victims in criminal defamation case jailed; ILO says trying to resolve matter)
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UP-64-2004: BURMA: Villagers released from detention in forced labour case

BURMA: Forced labour; impunity; judicial partiality; misuse of authority
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information from the Burma Lawyers' Council (Thailand) and Yoma-3 news service that U Ohn Myint and
Ko Khin Zaw, the two villagers jailed for criminal defamation after they had attempted to take complaints of forced labour to the courts, have been released.

According to the information received, U Ohn Myint and
Ko Khin Zaw were released from Henzada Prison, where they had been kept in solitary confinement since October 7, after two military intelligence officers came and paid the 10,000 Kyat (US$10) fines that had been imposed on each of them. The men had been given a choice between the fines or six-month jail terms; in defiance of the local authorities, they had chosen jail.

The AHRC had written to the UN Special Representative for human rights defenders, Ms Hina Jilani, asking her to intervene in the case. The International Labour Office in Rangoon was also closely involved in the case, and had protested to the government about the treatment of the two men.

According to sources close to the case, the men insist that they did not pay the fines, and nor did they wish for the fines to be paid as they went to jail as a matter of conscience. It is understood that two officers from Military Intelligence No. 4 were responsible for paying the fines at the court, and then instructing that the men be released. This is the first time that such an incident has ever been reported. 

U Ohn Myint is now understood to be in the capital, Rangoon. Ko Khin Zaw has returned to their village, in Henzada township, Irrawaddy Division.

To review the background to the case and its developments, please read the original urgent appeal and updates:
UA-112-2004, UP-50-2004, UP-51-2004, UP-55-2004 & UP-60-2004.

The AHRC thanks you all for your support in this case, and reminds you that a number of similar cases are pending before the courts in Burma. These include the case of U Mya Sein, from the same village as U Ohn Myint and Ko Khin Zaw (
UP-50-2004), and Ma Su Su Nwe, whose case was also detailed in the original appeal (UA-112-2004). The dates for hearings in Ma Su Su Nwe's case have not yet been fixed, and the authorities appear to be uncertain of how to proceed with it, in light of the amount of attention that has been brought to the other related cases. Readers may also recall that a Supreme Court lawyer is handling the case of U Mya Sein, whereas the two men released in the above-mentioned case had no legal representation: thus, his chances of success are also higher.

The AHRC has good evidence that your actions on these appeals are having a strong effect on the authorities in Burma, and urges you to continue writing, and raising the cases in your local forums. Please also remember to send letters appealing the case of Ma San San Aye and Ma Aye Mi San, about whom nothing has been heard since they were sentenced to four years' hard labour for complaining that they had been raped by a local official (UA-40-2004).


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (AHRC)

Document Type :
Urgent Appeal Update
Document ID :
UP-64-2004
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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.