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UPDATE (Burma): Defamation case against villager continues

June 22, 2005

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

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME
Update on Urgent Appeal

22 June 2005

[RE: UA-112-2004: BURMA: Complaints against forced labour blocked and victims punished issued on 3 September 2004; UP-11-2005: Four officials sentenced to prison for forced labour in Kawmhu Township, Yangon Division; UP-63-2005: Local officials seek revenge against villager who obtained first successful forced labour prosecution; UP-68-2005: Preliminary hearing against villager who obtained first successful forced labour prosecution completed]
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UP-73-2005: BURMA: Defamation case against villager continues

BURMA: Forced labour; impunity; un-rule of law; threats to human rights defender
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Dear friends,

The Asian Human Rights Commission (AHRC) has again received further information from the Yoma-3 News Service (Thailand) about the court case against a villager who obtained the first successful conviction of forced labour against government officials (UP-11-2005; for full details of the recent case see UP-63-2005.). The newest information relates to a number of developments in the hearings against the villager, Ma Su Su Nwe, on the ground that she defamed the officials concerned.

According to the information, the Kawhmu Township Court heard on June 12 that the Township Peace and Development Council had issued an order to demolish the houses of two witnesses appearing on the side of Ma Su Su Nwe in the court. However, local officers of the Department of Human Settlement and Housing Development denied having received the order. The two persons and their families are reported to have moved their relatives and belongings into a local monastery fearing that the houses would be pulled down without notice.

Interestingly, U Sein Ohn, the older brother of U Sein Paw, the principal official alleging defamation, has also appeared in court on behalf of the defendant Ma Su Su Nwe.

In another development, it has been reported that the court judge was changed, seemingly in order to obtain a conviction against Ma Su Su Nwe. For this hearing, the judge who earlier found two men, U Ohn Myint and U Khin Zaw guilty of defamation against local officials in Henzada Township (see UP-55-2004 and UP-64-2004) has been transferred to Kawhum Township Court. Observers have interpreted this to mean that the authorities aiming to manipulate the decision by bringing in an unsympathetic judge. 

News of a decision in the case is expected soon.

Readers should be reminded that on June 4 the International Labour Organisation (ILO), which has a liaison office in Burma, said that:

"The Government [of Burma] should give clear assurances that no action would be taken against persons lodging complaints of forced labour, or their representatives, in order that the Liaison Officer could fully continue to accept and channel such complaints to the competent authorities..."

Please refer to an earlier update on this case (UP-63-2005) for a sample letter to send to the authorities, and UP-64-2005 for updated contact details for the UN Special Rapporteur on Myanmar.

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
Document Type :
Urgent Appeal Update
Document ID :
UP-73-2005
Countries :
Issues :
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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.