UPDATE (Burma): Villagers lodge second complaint for detention of wrong persons in forced labour case 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UP-69-2005
ISSUES: Labour rights,

Dear friends,

According to new information received by the Asian Human Rights Commission (AHRC), villagers in Taunggut Township, Arakan state, Burma have lodged a new complaint with the International Labour Office (ILO) liaison in Rangoon about the detention of some local government officials in a case of alleged forced labour there.

As the AHRC reported earlier (UA-31-2005), three local government officials in Taunggut were allegedly arrested for ordering forced labour after local villagers complained to the ILO. However, the villagers of Lamu village circle sent another written complaint on March 12 that it was not these men but the local army officers who ordered the labour. According to a villager’s statement broadcast on Democratic Voice of Burma radio on June 1, the main persons responsible were troops of Strategic Command No. 5 based in the area. Among those, the following personnel were named:

I. Infantry Battalion 544:
1. Saw Kyi Khin, Battalion Commander
2. Captain Thaw Lin
3. Captain Win Thein Oo
4. Captain Ne Hein

II. Light Infantry Battalion 346:
1. Major Chit Htun Naing
2. Sergeant Htun Shwe
3. Sergeant Kyaw Htay
4. Sergeant Nga Mei Khaung

It was reported that after the second complaint was lodged by the Lamu villagers, the concerned regional authorities sent an investigating party; however, the investigators did not reveal their identities or explain the purpose of their investigation. They are alleged to have then told the people not to report to the ILO and if they have a problem to report directly to the local authorities or army offices.

For other recent cases on attempts by government officials to counteract complaints of forced labour to the ILO, see: UP-68-2005 and UP-64-2004.

SUGGESTED ACTION:

Please write to the Attorney General raising concerns about this case. A suggested letter follows. Please note that for the purpose of these letters, the country should be referred to by its official title of Myanmar, rather than Burma, and Arakan state as Rakhine state.

 

 

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

SAMPLE LETTER

Dear Director General,

RE: COMPLAINT ABOUT ARREST OF LOCAL GOVERNMENT OFFICIALS OVER FORCED LABOUR ALLEGEDLY ORDERED BY MYANMAR ARMED FORCES IN TAUNGGUT TOWNSHIP, RAKHINE STATE

According to information I have received, villagers in Taunggut Township of Rakhine state have lodged a second complaint with the International Labour Office (ILO) liaison in Yangon regarding the wrongful detention of three local government officials for forced labour that was actually ordered by personnel of the Myanmar Armed Forces.

I understand that after the villagers of Lamu village circle complained to the ILO in 2004, the matter was taken up with the central authorities on 20 February 2005. Then the Kyaw Waing village tract chairman, U Hla Win, and two other local officials--the secretary of U Shwe Maw tract, U Htun Khin, and chairman of Naukyan tract--were arrested. The order for the arrest of the three men was said to have come from the state level authorities, through the district chairman.

However, on 12 March 2005 a second complaint is reported lodged with the ILO to the effect that it was local army officers who ordered the labour, and the administrative officials were just following army orders. The persons named in that complaint are reported to be personnel under Strategic Command No. 5, specifically:

I. Infantry Battalion 544:
1. Saw Kyi Khin, Battalion Commander 
2. Captain Thaw Lin
3. Captain Win Thein Oo
4. Captain Ne Hein

II. Light Infantry Battalion 346:
1. Major Chit Htun Naing
2. Sergeant Htun Shwe
3. Sergeant Kyaw Htay
4. Sergeant Nga Mei Khaung

I have also heard that after the second complaint was lodged by the Lamu villagers, the concerned regional authorities sent an investigating party; however, the investigators did not reveal their identities or explain the purpose of their investigation. Then they are alleged to have told the people not to report to the ILO, and if they have a problem to report directly to the local authorities or army offices.

I am deeply concerned that the persons allegedly responsible for ordering forced labour in this case will escape punishment, as they are all army personnel. I note the stated commitment of the Supreme Court of Myanmar to ensuring that all persons who have ordered forced labour be fully investigated and punished. I therefore urge you to ensure that a full and open investigation of these allegations be conducted in cooperation with the ILO personnel working in your country. While it is heartening that in recent times administrative officials have been brought to court on allegations of violating Order 1/99 and the Supplementary Order prohibiting forced labour, it remains to be seen as to whether the same can be done where army officers are the alleged perpetrators.

Yours sincerely

---

PLEASE SEND YOUR LETTERS TO:

Dr Tun Shin 
Director General 
Office of the Attorney General
101 Pansodan Street 
Kyauktada Township
Yangon 
MYANMAR
Fax: + 95 1 371 028 / 282 990 / 282 449


PLEASE SEND COPIES TO:

1. Lt General Soe Win
Prime Minister
c/o Ministry of Defence
Signal Pagoda Road
Yangon
MYANMAR
Tel: + 95 1 372 681
Fax: + 95 1 652 624

2. Maj-Gen Maung Oo
Chairman
Myanmar Human Rights Committee 
c/o Ministry of Home Affairs 
Corner of Saya San Street and No 1 Industrial Street, 
Yankin Township 
Yangon 
MYANMAR
Fax: +95 1 549 663 / 549 208

3. Mr Richard Horsey
Liaison Officer (Myanmar)
International Labour Organization (ILO)
4, route des Morillons
CH-1211 Geneva 22
SWITZERLAND
Fax: +41 22 798 8685
E-mail: horsey@ilo.org

4. Professor Paulo Sergio Pinheiro
Special Rapporteur on Myanmar
Attn: Ms. Audrey Ryan
Room 3-090
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: + 41 22 9179 281
Fax: + 41 22 9179 018 
E-mail: aryan@ohchr.org

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (AHRC) 

Document Type : Urgent Appeal Update
Document ID : UP-69-2005
Countries : Burma (Myanmar),
Issues : Labour rights,