CHR/BURMA: NGO STATEMENTS ((Item 11 (r)

[darnott@xxxxxxxxxxx]

Subject: CHR/BURMA: NGO STATEMENTS ((Item 11)

Statements by:

Worldview International Foundation (Mr Soe Aung)
Aliran (Ms Deborah Stothard)
*****************

April 12 ,1999
55th session of the UNHRC:
Oral Intervention on Item 11: Freedom of expression in Burma
Worldview International Foundation
Delivered by Mr. Soe Aung

Madam Chairperson,

Freedom to speak out on life and death issues as well as the policies and
practices, which affect our daily lives, is a fundamental right which every
person in the world should enjoy. It is also necessary  without the ability to
raise problems and generate discussion, many of the problems in our world
cannot be solved.

In my country, Burma, there are people who have been punished simply for
peacefully expressing their views. The military regime has effectively and
systematically suppressed the people who have different views.

The military regime has done this through using laws such as the 

Printers and Publishers Registration Law 1962

Emergency Provisions Act 1950

State Protection Law 1975

Television and Video Law 1996

Motion Picture Law 1996

Computer Science Development Law 1996, and

Official Secrets Act 1923

These laws are used to control the flow of information, restrict people?s
access to equipment, which can be used to transmit information, punish those
the regime does not like, and to make the people afraid of expressing
themselves.

Even schoolchildren and young people are persecuted for expressing themselves.
In Monywa in 1991, seven children were charged under the Emergency Provisions
Act for attempting to organise a rally to commemorate Martyrs Day which a
public holiday in Burma. In 1995 another group of students were sentenced to 7
years? prison for singing a pro-democracy song. The practice of imposing long
jail sentences up to 20 years of more, for very minor actions to express a
feeling or opinion is common. 

In one sad case, U Kan Saung was jailed for 7 years for merely saying ?Long
Live Daw Aung San Suu Kyi?. Daw San San was jailed for 25 years? for giving an
interview with the British Broadcasting Corporation. Ko Aung Htun [a leading
student activist and the central executive member of the All Burma Federation
of Student Unions] was sentenced to 15 years imprisonment under the Printers
and Publishers Registration Law after he had written a seven-volume history of
the Burmese student movement.

In September 1998, more than 270 students and members of the National League
for Democracy (NLD) were arrested for practicing their right to freedom of
expression in support of the convening of the parliament based on the results
of 1990 general election. They were sentence in January to a total of more
than
3,400 years imprisonment. The length of the sentences ranged from 7 years
to 52
years. Student leader Ko Thet Win Aung was sentenced to 52 years. 

In Burma, journalists have been arrested, detained and sentenced to long-term
imprisonment because of practicing their right to freedom of expression and
opinion. U Win Tin, former editor of two daily newspapers and vice-chair of
Burma Writers? Association had his sentence of three years imprisonment with
hard labour extended by five more years on March 28, 1996. This was because he
smuggled letters describing conditions at Insein prison to Professor Yozo
Yokota, the former United Nations Special Rapporteur for human rights in
Burma.


Madam Chairperson,

In the face of the severe poverty of the peoples of my country, freedom of
expression as well as freedom of association and assembly may seem a
luxury. In
fact, these freedoms are necessary to ensure that true development which
benefits the people can take place. If we are not allowed to raise matters
which affect our daily lives, including matters such as economic management
and
the administration of the country, how can these problems be solved? If we are
continually forced to live in fear, how can the citizens contribute to the
progress of the country?

Therefore, I urge that the Special Rapporteur on the Promotion and the
Protection of the rights to Freedom of opinion and expression include Burma in
his next report. Further I urge the State Peace and Development Council to
release unconditionally all the people who are in detention for exercising
their freedom of expression, association and assembly in my country.

Thank you.

________

April 12, 1999
ALIRAN
Intervention on Item 11 (Civil & Political Rights in Burma, Malaysia,
Singapore)
Delivered by Ms Deborah Stothard

Madam Chairperson,

Last August 9, 18 people from Australia, Indonesia, Malaysia, the Philippines,
Thailand and the United States of America were arrested in Rangoon, Burma for
distributing goodwill messages. The text of the messages (?We are your friends
from around the world. We have not forgotten you. We still support your hopes
for human rights and democracy. Don?t forget, don?t give up?) were not
anti-government in nature, neither did they incite hatred or negative actions,
yet these goodwill ambassadors were arrested, detained for a week and
sentenced
to five years jail after a show trial. Their sentence was commuted and the 18
were deported the following day.

I quote from the attached statement by attorney Mr Tyler R Giannini who was
one
of the 18 concerned:

`In addition to the fact we were detained for exercising our freedom of
opinion
and expression (in violation of article 19 of the Universal Declaration of
Human Rights), the detention and trial illustrated how the rule of law is
lacking in Burma.

?The violations we experienced included  

* Being held without explanation for our detention on any formal arrest or any
formal charge being filed until our appearance for trial on the sixth day.

* No access to our consular officials until the third day of detention.

* My statement being forged in front of me during questioning on the first day
of detention,

* On the sixth day, the trial began without prior notice. Without notice of
the
proposed charges, or evidence to be presented, we were unaware of the case we
would have to answer.

* We were not given legal representation nor even the opportunity to obtain
legal assistance. The only mention we heard of getting such assistance was a
veiled threat from a prison guard who told one of us, ?Don?t get a lawyer. It
will slow down the process.? `

In addition, Mr Giannini notes several other irregularities in the conduct of
the trial.

Madam Chairperson, the whole detention and trial clearly prove that Burma is
devoid of the rule of law. If these were the violations perpetrated during
such
a high profile and well publicized case, one is safe to conclude for the cases
involving citizens of Burma where the trials are closed from the public and
dissidents are denied legal counsel, the violations are only more severe and
pervasive. I note that in the past ten years Burma has only allowed two public
trials.

In addition, I wish to alert the Commission that the three Malaysians who
helped distribute the goodwill messages in Burma have had their passports
revoked for allegedly ?tarnishing the image of the country? whereas the then
Inspector-General of Police Tan Sri Rahim Noor who admitted to assaulting
former Deputy Prime Minister Anwar Ibrahim is free to come and go as he
pleases. (Ms ONG Ju Lin, Mr SEE Chee How and Mr Jonson CHONG Kok Wei have been
denied the freedom to travel, an essential requirement in their work.)  It
appears that the violations of rule of law and freedom of expression, assembly
and association are now as widespread in Malaysia as in Burma.

I also deplore the restrictions on freedom of expression, association and
assembly in Singapore as outlined in the attached document. The severe
restrictions and harassment imposed on opposition politicians such as Mr JB
JEYARETNAM, Mr TANG Liang Hong, Mr Francis SEOW, Mr CHIA Thye Poh and Mr CHEE
Soon Juan are unjust.

I urge the Commission and its members to affirm in its resolutions and
statements that civil and political rights are essential to build genuine
peace
and stability. All our human rights are indivisible and universal;
violation of
one right constitutes a violation of all.

Thank you.

(Attached: 2-page signed statement of Mr Giannini,  1 page letter from ONG Ju
Lin, ! page background on Singapore)

______



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<html>
<font face="Garamond" size=4>Statements by:<br>
<br>
</font><font face="Garamond">Worldview International Foundation (Mr Soe
Aung)<br>
</font><font face="Garamond" size=4>Aliran (Ms Deborah Stothard)<br>
*****************<br>
<br>
April 12 ,1999<br>
</font>55th session of the UNHRC:<br>
Oral Intervention on Item 11: Freedom of expression in Burma<br>
Worldview International Foundation<br>
Delivered by Mr. Soe Aung<br>
<br>
Madam Chairperson,<br>
<br>
Freedom to speak out on life and death issues as well as the policies and
practices, which affect our daily lives, is a fundamental right which
every person in the world should enjoy. It is also necessary&nbsp;
without the ability to raise problems and generate discussion, many of
the problems in our world cannot be solved.<br>
<br>
In my country, Burma, there are people who have been punished simply for
peacefully expressing their views. The military regime has effectively
and systematically suppressed the people who have different views.<br>
<br>
The military regime has done this through using laws such as the <br>
<br>
Printers and Publishers Registration Law 1962<br>
<br>
Emergency Provisions Act 1950<br>
<br>
State Protection Law 1975<br>
<br>
Television and Video Law 1996<br>
<br>
Motion Picture Law 1996<br>
<br>
Computer Science Development Law 1996, and<br>
<br>
Official Secrets Act 1923<br>
<br>
These laws are used to control the flow of information, restrict people?s
access to equipment, which can be used to transmit information, punish
those the regime does not like, and to make the people afraid of
expressing themselves.<br>
<br>
Even schoolchildren and young people are persecuted for expressing
themselves. In Monywa in 1991, seven children were charged under the
Emergency Provisions Act for attempting to organise a rally to
commemorate Martyrs Day which a public holiday in Burma. In 1995 another
group of students were sentenced to 7 years? prison for singing a
pro-democracy song. The practice of imposing long jail sentences up to 20
years of more, for very minor actions to express a feeling or opinion is
common. <br>
<br>
In one sad case, U Kan Saung was jailed for 7 years for merely saying
?Long Live Daw Aung San Suu Kyi?. Daw San San was jailed for 25 years?
for giving an interview with the British Broadcasting Corporation. Ko
Aung Htun [a leading student activist and the central executive member of
the All Burma Federation of Student Unions] was sentenced to 15 years
imprisonment under the Printers and Publishers Registration Law after he
had written a seven-volume history of the Burmese student movement.<br>
<br>
In September 1998, more than 270 students and members of the National
League for Democracy (NLD) were arrested for practicing their right to
freedom of expression in support of the convening of the parliament based
on the results of 1990 general election. They were sentence in January to
a total of more than 3,400 years imprisonment. The length of the
sentences ranged from 7 years to 52 years. Student leader Ko Thet Win
Aung was sentenced to 52 years. <br>
<br>
In Burma, journalists have been arrested, detained and sentenced to
long-term imprisonment because of practicing their right to freedom of
expression and opinion. U Win Tin, former editor of two daily newspapers
and vice-chair of Burma Writers? Association had his sentence of three
years imprisonment with hard labour extended by five more years on March
28, 1996. This was because he smuggled letters describing conditions at
Insein prison to Professor Yozo Yokota, the former United Nations Special
Rapporteur for human rights in Burma. <br>
<br>
Madam Chairperson,<br>
<br>
In the face of the severe poverty of the peoples of my country, freedom
of expression as well as freedom of association and assembly may seem a
luxury. In fact, these freedoms are necessary to ensure that true
development which benefits the people can take place. If we are not
allowed to raise matters which affect our daily lives, including matters
such as economic management and the administration of the country, how
can these problems be solved? If we are continually forced to live in
fear, how can the citizens contribute to the progress of the
country?<br>
<br>
Therefore, I urge that the Special Rapporteur on the Promotion and the
Protection of the rights to Freedom of opinion and expression include
Burma in his next report. Further I urge the State Peace and Development
Council to release unconditionally all the people who are in detention
for exercising their freedom of expression, association and assembly in
my country.<br>
<br>
Thank you.<br>
<br>
________<br>
<br>
April 12, 1999<br>
ALIRAN<br>
Intervention on Item 11 (Civil &amp; Political Rights in Burma, Malaysia,
Singapore)<br>
Delivered by Ms Deborah Stothard<br>
<br>
Madam Chairperson,<br>
<br>
Last August 9, 18 people from Australia, Indonesia, Malaysia, the
Philippines, Thailand and the United States of America were arrested in
Rangoon, Burma for distributing goodwill messages. The text of the
messages (?We are your friends from around the world. We have not
forgotten you. We still support your hopes for human rights and
democracy. Don?t forget, don?t give up?) were not anti-government in
nature, neither did they incite hatred or negative actions, yet these
goodwill ambassadors were arrested, detained for a week and sentenced to
five years jail after a show trial. Their sentence was commuted and the
18 were deported the following day.<br>
<br>
I quote from the attached statement by attorney Mr Tyler R Giannini who
was one of the 18 concerned:<br>
<br>
`In addition to the fact we were detained for exercising our freedom of
opinion and expression (in violation of article 19 of the Universal
Declaration of Human Rights), the detention and trial illustrated how the
rule of law is lacking in Burma.<br>
<br>
?The violations we experienced included&nbsp; <br>
<br>
* Being held without explanation for our detention on any formal arrest
or any formal charge being filed until our appearance for trial on the
sixth day.<br>
<br>
* No access to our consular officials until the third day of
detention.<br>
<br>
* My statement being forged in front of me during questioning on the
first day of detention,<br>
<br>
* On the sixth day, the trial began without prior notice. Without notice
of the proposed charges, or evidence to be presented, we were unaware of
the case we would have to answer.<br>
<br>
* We were not given legal representation nor even the opportunity to
obtain legal assistance. The only mention we heard of getting such
assistance was a veiled threat from a prison guard who told one of us,
?Don?t get a lawyer. It will slow down the process.? `<br>
<br>
In addition, Mr Giannini notes several other irregularities in the
conduct of the trial.<br>
<br>
Madam Chairperson, the whole detention and trial clearly prove that Burma
is devoid of the rule of law. If these were the violations perpetrated
during such a high profile and well publicized case, one is safe to
conclude for the cases involving citizens of Burma where the trials are
closed from the public and dissidents are denied legal counsel, the
violations are only more severe and pervasive. I note that in the past
ten years Burma has only allowed two public trials.<br>
<br>
In addition, I wish to alert the Commission that the three Malaysians who
helped distribute the goodwill messages in Burma have had their passports
revoked for allegedly ?tarnishing the image of the country? whereas the
then Inspector-General of Police Tan Sri Rahim Noor who admitted to
assaulting former Deputy Prime Minister Anwar Ibrahim is free to come and
go as he pleases. (Ms ONG Ju Lin, Mr SEE Chee How and Mr Jonson CHONG Kok
Wei have been denied the freedom to travel, an essential requirement in
their work.)&nbsp; It appears that the violations of rule of law and
freedom of expression, assembly and association are now as widespread in
Malaysia as in Burma.<br>
<br>
I also deplore the restrictions on freedom of expression, association and
assembly in Singapore as outlined in the attached document. The severe
restrictions and harassment imposed on opposition politicians such as Mr
JB JEYARETNAM, Mr TANG Liang Hong, Mr Francis SEOW, Mr CHIA Thye Poh and
Mr CHEE Soon Juan are unjust.<br>
<br>
I urge the Commission and its members to affirm in its resolutions and
statements that civil and political rights are essential to build genuine
peace and stability. All our human rights are indivisible and universal;
violation of one right constitutes a violation of all.<br>
<br>
Thank you.<br>
<br>
(Attached: 2-page signed statement of Mr Giannini,&nbsp; 1 page letter
from ONG Ju Lin, ! page background on Singapore)<br>
<br>
______<br>
<br>
<br>
<br>
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