Open Letter in Support of Continuing Recognition of Ambassador U Kyaw Moe Tun

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To Permanent Representatives of Member States of the UN General Assembly

10 September 2021

Open Letter in Support of Continuing Recognition of Ambassador U Kyaw Moe Tun as Myanmar’s Permanent Representative at the UN General Assembly

Excellencies,

We, the undersigned, representing a broad movement of 358 Myanmar and international civil society organizations, urge you to ensure that the current Permanent Representative (PR) of Myanmar to the United Nations (UN), Ambassador U Kyaw Moe Tun, retains his position as Myanmar’s representative to the UN for the upcoming 76th session of the UN General Assembly (UNGA), scheduled to begin on 14 September 2021.

Ambassador U Kyaw Moe Tun is the incumbent representative of Myanmar and he represented Myanmar throughout the 75^th session of the UNGA after his credentials were accepted by the Credentials Committee in November 2020 and approved by the UNGA on 1 December (A/RES/75/19). He was appointed as Myanmar’s PR to the UN by the democratically elected government of Myanmar, which had held office since 2016. His credentials were renewed by the current duly elected government of Myanmar.

The new government, which won in a free, fair and credible general election in November 2020, was due to be formed in February 2021 and take office in March. The general election, which was observed by accredited international election monitoring bodies including the Asian Network for Free Elections and the Carter Center, certified that the election reflected the will of the people of Myanmar. However, on 1 February 2021, the Myanmar military launched a coup, physically prevented the scheduled session of the new parliament and forcibly detained elected members of Parliaments.

Since then, massive and broad anti-coup protests have continued throughout the country. The junta’s attempt to take control of Myanmar by force have been resisted by these ongoing protests, boycotts, strikes and coordinated civil disobedience movements by civil servants, private sector employees and civilians. Over 400,000 civil servants have been on strike against the junta since February. Ethnic armed organizations (EAOs), who have also opposed the coup, continue to exercise control over extensive territories in Myanmar’s borderlands.

In its effort to assert control, the military has killed, arbitrarily detained, raped, tortured, and looted homes and villages. Since February, the junta has killed 1,058 people, including at least 75 children and arrested 7,992. The UN Special Rapporteur on the situation of human rights in Myanmar has stated that these heinous tactics designed to instill terror in the population amount to crimes under international law, including crimes against humanity. Despite the junta’s brutal campaign of terror and repression, the people continue to resist, and the coup has totally failed.

On 26 February, Ambassador U Kyaw Moe Tun, during an informal meeting of the UNGA, unequivocally denounced the 1 February attempted military coup calling on states not to recognize or legitimize the military junta. Since then, he has continued to represent Myanmar on behalf of the National Unity Government (NUG) formed on 16 April 2021 by elected members of parliament, representatives of various ethnic groups and civil society leaders. The NUG has established its cabinet with respective ministries and continues to provide valuable services to the people of Myanmar, including in handling the COVID-19 crisis and overseeing the provision of humanitarian aid.

In June, the UNGA in its resolution on Myanmar (A/RES/75/287) condemned in the strongest terms “the excessive and lethal violence by the Myanmar armed forces since 1 February 2021.” It further called on the military to “respect the will of the people as freely expressed by the results of the general election of 8 November 2020,” and restore democracy under a fully inclusive civilian government that is representative of the will of the people of Myanmar. The resolution also expressed concern “at the persistent impunity for crimes committed by the Myanmar armed forces,” as the ongoing conflicts in ethnic areas, including in Kachin, Karen, Karenni, Rakhine, Shan and southern Chin states between EAOs and the Myanmar military have intensified since the coup, displacing over 230,000 people.

Such a political expression of condemnation of the coup by UN Member States is significant. Over the past three decades, only three other UNGA resolutions have condemned a military coup: Haiti (1991), Burundi (1993), and Honduras (2009). The resolution passed with overwhelming support with 119 members in favor to 1 against (Belarus) and 36 abstentions. Ambassador U Kyaw Moe Tun as the representative, Myanmar voted in favor of the resolution. Since the attempted coup, the Ambassador has provided a crucial voice at the UN for Myanmar’s democratically-elected government and people.

Notably, the presidential statement by the UN Security Council on 10 March 2021 also expressed deep concern regarding the situation in Myanmar and referred to those members of parliament arbitrarily detained by the junta as the “members of the Government.” These statements by the UNGA and the Security Council are a clear denunciation by the international community that the actions taken by the junta are contrary to the purposes and principles of the UN Charter.

Therefore, we urge the Credentials Committee to recommend for the UNGA to accept the credentials of Ambassador U Kyaw Moe Tun for the 76th session of the UNGA and ensure he retains his seat as the representative of Myanmar. Ambassador U Kyaw Moe Tun is the appointee of the representatives of Myanmar, duly elected by the people. A recommendation that his credentials be accepted would be to respect the will of the people of Myanmar, expressed overwhelmingly during recent elections, and be consistent with the June 2021 UNGA resolution on Myanmar and statements by the Security Council.[1]

We also urge the Credentials Committee to outrightly dismiss the proposed credentials of the representative of the illegitimate military junta. The military junta has no democratic legitimacy: it is unable to establish government functions, it does not have effective control over the territory of Myanmar, and it is a persistent perpetrator of international crimes. Any support for a junta-backed representative, would constitute a repudiation of the June 2021 UNGA resolution and principles of equality, human rights and fundamental freedoms set out in the UN Charter and will only further embolden the military that has terrorized the country since its attempted coup.

Lastly, we would also like to address the possibility of Myanmar’s seat at the UNGA being left vacant with a deferral of the decision on accrediting a representative of Myanmar, or any other deal that would silence Ambassador U Kyaw Moe Tun. Myanmar’s participation in the UNGA is part of “important rights and privileges of membership.” Leaving an empty seat at the UN, or silencing the Ambassador, would mean that this right would be suspended due to the decision of the credentials process and would be contrary to the Purposes and Principles as set out in Article 1 and 2 of the Charter. In addition, it would dismiss the overwhelming outcome of Myanmar’s democratic elections that were held in 2020, and would lend weight to the junta’s violent and unlawful attempt to seize power.

We therefore urge members of the UNGA to retain Ambassador U Kyaw Moe Tun’s accreditation as the Permanent Representative of Myanmar and call on your support in this matter.

We hope for a favorable response to this appeal. Please accept assurances of our highest consideration.

Sincerely,

Signed by:

358 Myanmar and international civil society organizations

1. 8888 Generation (New Zealand)
2. Action Committee for Democracy Development
3. Activists group for Human Rights ‘BARAM’
4. Advocates for Public Interest Law
5. Airavati Organisation
6. Akbayan Citizens’ Action Party, Philippines
7. All Arakan Students and Youths Congress
8. Alternative Solutions for Rural Communities (ASORCOM)
9. ALTSEAN-Burma
10. America Rohingya Justice Network
11. American Baptist Churches USA
12. Ananda Data
13. Anti Dictatorship in Burma-DC Metropolitan Area
14. Arakan Institute for Peace and Development
15. Arakan Rohingya Union
16. ASEAN Parliamentarians for Human Rights
17. ASEAN SOGIE Caucus
18. Asia Center
19. Asia Justice and Rights (AJAR)
20. Asia Pacific Solidarity Coalition (APSOC)
21. Asian Companions Against Brutality
22. Asian Dignity Initiative
23. Asian Forum for Human Rights and Development (FORUM-ASIA)
24. Assistance Association for Political Prisoners (AAPP)
25. Association for Human Rights Defenders and Promoters (HRDP)
26. Association of Women for Awareness & Motivation (AWAM)
27. Athan – Freedom of Expression Activist Organization
28. Auckland Kachin Community Inc.
29. Auckland Zomi Community
30. Aung Lan Phyu
31. Australia Karen Organisation
32. Backpack Health Workers Team
33. Balaod Mindanaw
34. Baptist World Alliance
35. Better World
36. Boat People SOS
37. BOOM Womyn
38. Boston Free Burma
39. Bucheon St. Mary’s Hospital Branch of KHMU
40. Buddhist Ecological Contents Institute
41. Buddhist Solidarity for Reform
42. Bukluran ng Manggagawang Pilipino (BMP -Solidarity of Filipino Workers), Philippines
43. Burma Action Ireland
44. Burma Campaign UK
45. Burma Human Rights Network
46. Burma Medical Association
47. Burma Monitor (Research and Monitoring)
48. Burma Task Force
49. Burmese American Millennials
50. Burmese Democratic Forces
51. Burmese Muslim Association
52. Burmese Women’s Union
53. Bytes for All
54. Calgary Karen Community Association (CKCA)
55. Campaign for a New Myanmar
56. Carmelite Missionary
57. Center for Freedom of Information
58. Center for Military Human Rights Korea
59. Center for Social Science and Sustainable Development, Chaing Mai University
60. Center for Youth Advocacy and Networking (CYAN) – Philippines
61. Central European Institute of Asian Studies
62. CHANGJAK21
63. Chin Community of Auckland
64. Chin Community of USA-DC Area
65. Chin Family Group
66. Chin Leaders of Tomorrow (CLT)
67. Christian Freedom International
68. Christian Solidarity Worldwide
69. Citizens Life & Environment Conference
70. Civil Rights Defenders (CRD)
71. Civil Society Forum for Peace (CSFoP)
72. Climate Change Working Group
73. CMCMC
74. Coalition to Abolish Modern-day Slavery in Asia (CAMSA)
75. Colors Rainbow
76. Commission on JPIC, Korea Province, Society of Jesus
77. Committee of Justice, Peace and Ecology of the Catholic Religious Men in Korea
78. Community Organizations Network for Education & Training
79. Community Resource Center (CRC)
80. Community Resource Centre
81. Critic CCC
82. Cross Cultural Foundation (CrCF), Thailand
83. CRPH/NUG Supporters (Austria)
84. DEEKU, the Karenni Community
85. Democracy for Ethnic Minorities Organization
86. Democracy for Myanmar – Working Group (NZ)
87. Democracy, Peace and Women’s Organization – DPW
88. Edmonton Karen Community Youth Organization
89. ETOs Watch Coalition
90. European Karen Network (EKN)
91. Federal Myanmar Benevolence Group (NZ)
92. Finland Karen Culture Association
93. Food Security Working Group
94. Fortify Rights
95. ForumCiv
96. Free Burma Action Bay/ USA/ Global
97. Free Burma Campaign (South Africa)
98. Free Myanmar Campaign USA
99. Freedom and Labor Action Group
100. Freedom, Justice, Equality for Myanmar
101. Friends Against Dictatorship (FAD)
102. Future Light Center
103. Future Thanlwin
104. Ganghwa People’s Network (GHPN)
105. Generation Wave
106. German Solidarity with Myanmar Democracy
107. Global Centre for the Responsibility to Protect
108. Global Justice Center
109. Global Movement for Myanmar Democracy (GM4MD)
110. Global Partnership for the Prevention of Armed Conflict-Southeast Asia (GPPAC-SEA)
111. Globe International Center
112. Green Party Korea
113. Green Peasant Institute
114. Greendoor
115. GZO Peace Institute – Philippines
116. Hakha Thar Nubu
117. Happy Class Meditation Community
118. Human & Welfare Books
119. Human Rights and Development Foundation (HRDF), Thailand
120. Human Rights Foundation of Monland
121. Hyungmyung Foundation
122. HyunJang Academy
123. In Defense of Human Rights and Dignity Movement (iDEFEND)
124. INCHEON NGO NETWORK
125. Incheon Regional Office of KHMU
126. Incorporated Organization Shilcheon Bulgyo
127. Info Birmanie
128. Initiatives for International Dialogue
129. Institute for Asian Democracy
130. Institute of Korean Feminist Integral Studies for Faith
131. Inter Pares
132. International Campaign for the Rohingya
133. International Christian Concern
134. International Federation for Hurman Rights (FIDH)
135. International Migrants Cultural Institute
136. International Network of Engaged Buddhists (INEB)
137. Inter-religious Climate and Ecology Network
138. Jacob Blaustein Institute for the Advancement of Human Rights
139. JASS Southeast Asia
140. Jeju Peace Human Rights Institute WHAT
141. Jesuit Research Center for Advocacy and Solidarity
142. Jesusalgi
143. Joint Countermeasures Committee for Freedom of Expression and Press Repression
144. JPIC Commission in The Association of Major Superiors of Women Religious in KOREA
145. JPIC-Sisters of Charity of Seton Hill
146. Justice for All
147. Kachin Alliance
148. Kachin National Organization USA
149. Kachin Peace Network (KPN)
150. Kachin Refugee Committee (KRC)
151. Kachin State Women Network (KSWN)
152. Kachin Women’s Association Thailand
153. Kansas Karenni Community
154. Karapatan Alliance Philippines
155. Karen American Association of Wisconsin
156. Karen Association of Huron, South Dakota
157. Karen Community Association UK
158. Karen Community in Norway (KCN)
159. Karen Community of Canada (KCC)
160. Karen Community of Czech Republic
161. Karen Community of Finland
162. Karen Community of Hamilton
163. Karen Community of Iowa
164. Karen Community of Ireland
165. Karen Community of Israel
166. Karen Community of Kansas City (KS & MO)
167. Karen Community of Kitchener & Waterloo
168. Karen Community of Leamington
169. Karen Community of Lethbridge
170. Karen Community of London
171. Karen Community of Minnesota
172. Karen Community of Ottawa
173. Karen Community of Regina
174. Karen Community of Saskatoon
175. Karen Community of Thunderbay
176. Karen Community of Toronto
177. Karen Community of Windsor
178. Karen Community of Winnipeg
179. Karen Community Society of British Columbia (KCSBC)
180. Karen Environmental and Social Action Network
181. Karen Human Rights Group
182. Karen Organization of America
183. Karen Peace Support Network
184. Karen Rivers Watch
185. Karen Swedish Community (KSC)
186. Karen Thai Group
187. Karen Women’s Organization
188. Karen Youth Networks
189. Karen Youth of Norway
190. Karen Youth of Toronto
191. Karen Youth Organization
192. Karenni American Association (KnA)
193. Karenni Civil Society Network
194. Karenni Community of Bowling Green (KY)
195. Karenni Community of Des Moines (IA)
196. Karenni Community of Georgia
197. Karenni Community of Indianapolis
198. Karenni Community of Massachusetts
199. Karenni Community of Minnesota
200. Karenni Community of Missouri
201. Karenni Community of New York
202. Karenni Community of North Carolina
203. Karenni Community of Portland, OR
204. Karenni Community of Taxes
205. Karenni Community of Wisconsin
206. Karenni Human Rights Group
207. Karenni National Women’s Organization
208. Karenni Society New Zealand
209. Karenni Society of Minnesota (NE)
210. Karenni-American Catholic Association
211. Kaung Rwai
212. Kayaw Women Association
213. Keng Tung Youth
214. KijamiiTable
215. Korea Democracy Foundation
216. Korea Institute for Religious Freedom
217. Korea Karen Organization
218. Korea Karen Youth Organization
219. Korea Migrants Friendship Solidarity SHALOMHOUSE
220. Korea Wetlands NGO Network (KWNN)
221. Korean Civil Society in Solidarity with Rohingya
222. Korean House for International Solidarity
223. Korean Solidarity for Overseas Community Organization
224. KPTU SEOUL
225. Latsinu Women Agency
226. Law and Society Trust, Sri Lanka
227. Let’s Help Each Other
228. Little Servants of the Holy Family (Uijeongbu Province)
229. Los Angeles Rohingya Association
230. Madang for Life and Peace
231. Maldivian Democracy Network (MDN)
232. Media Christianity
233. Menrihei
234. Metta Campaign Mandalay
235. Migrants Trade Union
236. MilkTea Alliance Philippines
237. MINBYUN – Lawyers for a Democratic Society International Solidarity Committee
238. Mindanao Peace Weavers (MPW), Philippines
239. Mindanao Peacebuilding Institute Foundation, Inc.
240. Muslim of Myanmar Multi-Ethnic Consultative Committee (MMMCC)
241. Myanmar Accountability Project (MAP)
242. Myanmar Action Group Denmark
243. Myanmar Advocacy Coalition
244. Myanmar Community Austria
245. Myanmar Community in the Czech Republic
246. Myanmar Cultural Research Society
247. Myanmar Doctors For Human Rights Network
248. Myanmar Engineers – New Zealand
249. Myanmar Gonye (New Zealand)
250. Myanmar Helping Citizens’ Group
251. Myanmar Network in KOREA
252. Myanmar People Alliance (Shan State)
253. Myanmar Students’ Union in New Zealand
254. National Clergy Conference For Justice and Peace
255. Nationalities Alliance of Burma
256. NeT Organization
257. Network for Advocacy Action and Women Network (Tanintharyi)
258. Network for Human Rights Documentation – Burma (ND-Burma)
259. Never Again Coalition
260. New Bodhisattva Network
261. New York City Burmese Community
262. New Zealand Doctors for NUG
263. New Zealand Karen Association
264. New Zealand Zo Community Inc.
265. No Business with Genocide
266. Nyan Lynn Thit Analytica
267. OFM KOREA JPIC
268. Olive Organization
269. Oversea Karen Organization Japan
270. Overseas Mon Association, New Zealand
271. Pakokku Youth Development Council (PYDC)
272. Pa-O Women’s Union
273. Pa-O Youth Organization
274. Partido Lakas ng Masa (PLM – Party of the Laboring Masses), Philippines
275. Partido Manggagawa (Labor Party-Philippines)
276. Pax Christi Institute
277. Peace Ground
278. Peace Women Partners, Philippines
279. Peace-Life Forum
280. PEN Myanmar
281. People, not profit
282. People’s Empowerment Foundation (PEF) – Thailand
283. People’s Initiative for Development Alternatives (PIDA)
284. People’s Watch
285. People’s Action Against Dictator Chun Doo-hwan
286. People’s Solidarity for Participatory Democracy (PSPD)
287. Philippine Alliance of Human Rights Advocates (PAHRA)
288. Pinagkaisang Galaw at Lakas ng Kababaihan (PIGLAS-KABABAIHAN), Philippines
289. Poverty Elimination and Community Education (PEACE) Foundation
290. Progressive 3.0
291. Progressive Voice
292. Pyithu Gonye (New Zealand)
293. Refugees International
294. Rights Beyond Border (RBB)
295. Rock Island Karen Community
296. Rohingya Welfare Organisation New Zealand
297. Rvwang Community Association New Zealand
298. Saferworld
299. Sami Chin Women Organization
300. Save and Care Organization for Ethnic Women at Border Areas
301. Save Myanmar (New Zealand)
302. SEA Junction
303. sebasa
304. Secondary School Branch in Goyang of Korea Teachers’ Union
305. Sentro ng mga Nagkakaisa at Progresibong Manggagawa (SENTRO), Philippines
306. Seongnam City Committee of the Youth Justice Party
307. Seongnam YMCA
308. Shan Community (New Zealand)
309. Shan MATA
310. Solidarity for Another World
311. Southern Youth Development Organization
312. Spirit in Education Movement (SEM)
313. Spring Revolution Interfaith Network
314. steppingstone
315. Stop the War Coalition Philippines
316. Students for Free Burma
317. Suara Rakyat Malaysia (SUARAM)
318. Sungmisan School Post-secondary
319. Support the Democracy Movement in Burma
320. Supporters Group for Migrant Workers Movement
321. Sustainability and Participation through Education and Lifelong Learning (SPELL), Philippines
322. Swedish Burma Committee
323. Swedish Foundation for Human Rights
324. Swedish Rohingya Association
325. Synergy – Social Harmony Organization
326. Ta’ang Legal Aid
327. Task Force Detainees of the Philippines (TFDP)
328. Taunggyi Youth Center
329. Thai Allied Committee with Desegregated Burma Foundation (TACDB)
330. Thai Volunteer Service (TVS)
331. The April 9 Unification & Peace Foundation
332. The Burmese American Community Institute (BACI)
333. The Burmese Rohingya Association of North America
334. The Burmese Rohingya Community of Georgia
335. The Declaration of Global Citizens
336. The Korean Council for Justice and Remembrance for the Issues of Military Sexual Slavery by Japan
337. The Labor Union of Jogye order
338. The May 18 Memorial Foundation
339. The Mekong Butterfly
340. The Sound of Hope
341. Think Centre
342. Thint Myat Lo Thu Myar
343. Timor-Leste Youth and Young Journalist Peace Culture Center
344. S Advocacy Coalition for Myanmar (USACM)
345. Union Aid Abroad-APHEDA
346. Union For Civil Liberty (UCL), Thailand
347. Union of Karenni State Youth
348. Unitarian Universalist Association
349. Unitarian Universalist Service Committee (UUSC)
350. United States Campaign for Burma
351. Victorian Myanmar Youth (VMY)
352. Vocation Office of Catholic Diocese of Daejeon, South Korea
353. Women Advocacy Coalition – Myanmar
354. Women’s League of Burma
355. Women’s Peace Network
356. Wonders International
357. Youth Justice Party, Gyeonggi Province Party
358. Youth of KimDae-jung Foundation

[1] As stated in UNGA resolution (A/RES/396(v))) when there is a disputed claim to the government entitled to represent a Member State in the UN, the question “should be considered in light of the Purposes and Principles of the Charter.” For the reasons we have stated in this open letter, it is imperative that UNGA retains the Ambassador’s accreditation as the PR of Myanmar as it will ensure that human rights and fundamental freedoms prevail in Myanmar​​, in clear affirmation of the UN’s own principles and Charter.