Mar 2, 2024 | DFF, Open Letters
To Members of the United Nations Security Council
CC:
UN Human Rights Council Members
UN High Commissioner for Human Rights
UN Special Rapporteur on the situation of human rights in Myanmar
1 March 2024
Re: Security Council must act now as Myanmar military junta’s forced conscription endangers peace, stability, and human security in Myanmar and the region
Your Excellencies,
We, 397 civil society organizations, call on the UN Security Council (UNSC) to take immediate action to ensure peace and stability in the region following the Myanmar military junta’s illegal enforcement of the conscription law. In particular, we call on Japan, as the President of the UNSC in March 2024, to convene an emergency meeting to put forward a binding resolution under Chapter VII of the UN Charter to impose targeted economic sanctions and a comprehensive arms embargo against the junta, and refer the crisis in Myanmar to the International Criminal Court or create an ad hoc tribunal. In addition, the UNSC must provide substantial support to the Association of Southeast Asian Nations (ASEAN), as declared in Resolution 2669, and assist Myanmar’s neighboring countries to promptly guarantee legal protection for people fleeing the junta’s forced conscription and mass atrocity crimes.
On 10 February 2024, the military junta announced the enforcement of the People’s Military Service Law, which the past military regime passed in 2010. Men aged 18-35 and women aged 18-27 will be at risk of forced conscription, and the age further extends to 45 and 35, respectively, for those with expert professions. Up to 14 million people across Myanmar are deemed eligible for this forced conscription, which requires serving up to five years during a state of emergency as is currently in place by the junta’s illegal declaration. Individuals face prison sentences of up to five years, hefty fines, or both, for failing to report for duty. The junta also reserves its arbitrary power to recall those who have already finished their military service.
The junta’s forced conscription efforts exacerbate the already unprecedented violence caused by its countrywide terror campaign. As it rapidly loses ground to democratic resistance forces, the junta has resorted to forced conscription as psychological warfare to terrorize the population into submission, force people to kill each other against their conscience, and inflame inter-ethnic and inter-religious tension. This ruthless measure underlines the junta’s calculated move to escalate atrocities, exploiting new conscripts as expendable human shields, porters, and frontline fighters—evident in the Myanmar military’s sordid history, particularly its forced recruitment of children in violation of international law. The forced conscription thus explicitly goes against the UNSC’s demand for an immediate end to all forms of violence in Resolution 2669.
This scheme to forcibly recruit 60,000 men in the first round will compound the severe instability and human insecurity that the junta has already unleashed on Southeast Asia. Young men have been kidnapped or otherwise compelled to join military service, according to the Special Rapporteur on the situation of human rights in Myanmar. Hundreds of Rohingya in internment camps in Rakhine State are being arrested and recruited into service, or persuaded to enlist in exchange for freedom of movement. Other reports indicate people in Bago Region and Yangon City are being forced to serve, leaving them no other choice but to bribe junta personnel or face outright extortion to evade conscription. Individuals in disenfranchised and impoverished sectors, such as garment workers, lack such options as the junta’s workforce data collection is underway.
Meanwhile, the junta’s Labor Ministry curtails a route to flee the country by suspending recruitment drives of the Myanmar Overseas Employment Agencies Association. These realities will only lead to a massive influx of refugees and trafficking survivors into neighboring countries with track records of non-compliance with their international obligations, ensuring insufficient aid, no legal protection, and risk of refoulement.
For over three years since the military’s illegal coup attempt, the people of Myanmar nationwide have categorically and unequivocally rejected the Myanmar military’s futile attempts to seize power. The military junta has absolutely no legal authority to enforce any law in Myanmar. In fact, this forced conscription law is nothing more than modern slavery or forced labor under both domestic and international law.
We are alarmed by the sequence of events which led to the junta’s forced conscription: shortly after the ASEAN Special Envoy to Myanmar’s visit to Naypyitaw in January, and the Thailand-initiated and ASEAN-endorsed humanitarian assistance center in early February. Rather than restoring regional peace and stability and ensuring human security in Southeast Asia, these actions taken by the ASEAN Special Envoy and Thailand have only served to lend false legitimacy to the junta, emboldening it to intensify its terror campaign through forced conscription.
ASEAN’s ineffective actions have enabled the junta to commit more atrocity crimes with total impunity, while only deepening the bloc’s complicity in these crimes. In addition, we are gravely concerned by Thailand’s approach to humanitarian assistance, as it involves the Myanmar Red Cross which is part of the Myanmar military’s security apparatus and cannot be trusted as a partner to provide humanitarian assistance to those subject to the junta’s heinous crimes.
Excellencies, the UNSC can no longer continue to recklessly defer to ASEAN and its harmful approach which have to date jeopardized peace and stability in Myanmar and the region. With human security and civilian protection as its guiding principles, the UNSC must coordinate countries in the region to provide legal protection for Myanmar people fleeing from the junta’s terror campaign, including forced conscription and atrocities.
As a criminal entity, the Myanmar military has also facilitated the expansion of criminally run zones in Myanmar—now hubs for transnational crimes, breeding illegal online scam centers and human trafficking from which it has profited. These organized crimes severely endanger peace and security in the region and beyond. In the face of these nefarious activities, Myanmar’s democratic resistance forces have pledged to join forces with China and Thailand to dismantle the criminal hubs. In this regard, the UNSC must provide political and practical support to these resistance forces to topple the criminal Myanmar military and combat this problem effectively.
As the military junta weaponizes its forced conscription law, it is of utmost urgency that the UNSC act decisively: fulfill its mandate and implement its own resolutions to protect the people of Myanmar and establish peace and stability in Myanmar and the region. Once again, we urgently call on the UNSC to adopt a binding resolution under Chapter VII of the UN Charter that enforces targeted economic sanctions and a comprehensive arms embargo against the junta, and refers the crisis in Myanmar to the International Criminal Court or establishes an ad hoc international criminal tribunal. Regional peace and stability will remain elusive unless and until peace and stability is secured in Myanmar, and the Myanmar military, as an illegal and international criminal entity, is held accountable for its decades of mass atrocity crimes, including war crimes, crimes against humanity, and genocide.
Signed by 397civil society organizations, including 94 organizations that have chosen not to disclose their names because of the junta’s continued violence in Myanmar.
See the full list of signatories here.
Feb 1, 2024 | DFF, Open Letters
To Members of the United Nations Security Council
1 February 2024
Re: Urgent call for swift action against the military junta to end its war of terror and protect civilians in Myanmar
Your Excellencies,
As we mark the third anniversary of the Myanmar military junta’s coup attempt on 1 February 2021, we, 463 civil society organizations, express in the strongest terms our utmost disappointment in the ineffectiveness and inaction of the United Nations Security Council (UNSC) in response to the military junta’s war of terror against the people of Myanmar. We urgently call on the UNSC to act in accordance with its mandate for peace and security and take concrete actions against the Myanmar military junta. These actions must reflect the gravity of the mass atrocity crimes committed by the junta for which the UN High Commissioner for Human Rights has called on the UNSC to, among other measures, refer the crisis in Myanmar to the International Criminal Court.
We find that the UNSC’s adoption of Resolution 2669, which passed its one-year mark in December 2023, not only came too little and far too late – after decades of atrocities by the Myanmar military – but also produced no concrete progress towards halting the military’s genocide, war crimes, and crimes against humanity, which have only intensified since the adoption of the resolution.
Since its adoption, the military junta has launched at least 909 airstrikes,[1] killing more than 364 civilians including scores of children, and torched nearly 80,000 houses. Over the last year, it is undeniable that the military junta’s violence has become more targeted against civilian populations with blatant attacks on villages, towns, internally displaced persons (IDPs) camps, religious sites where IDPs were seeking refuge, schools, and hospitals. Since the coup attempt, the military junta has killed at least 4,450 people and arrested more than 25,900 people, with more than 19,900 individuals still detained, including President U Win Myint and State Counsellor Daw Aung San Suu Kyi. Inhuman conditions, ill treatment, torture, sexual and gender-based violence, and extrajudicial killings remain ubiquitous in junta-controlled prisons and detention centers.
Furthermore, the military junta has insisted on a pilot repatriation project for the Rohingya, despite the UNSC expressing concern that the situation in Myanmar poses challenges for a safe, voluntary, sustainable, and dignified return. Resolution 2669 does not recognize the Myanmar military as a government or a de facto authority to carry out such a repatriation project. A sustainable, safe, and dignified return of Rohingya is impossible while the illegitimate Myanmar military junta continues to conduct a nationwide campaign of terror, including in Rakhine State where many more Rohingya are being forced to flee overland and by sea – with 2023 being the deadliest year for Rohingya’s sea crossings since 2014.
Your Excellencies,
The UNSC has wrongly relied on ASEAN and its failed Five-Point Consensus (5PC), instead of upholding its responsibility to pursue meaningful and effective measures to address the military’s unprecedented violence targeting civilians. This approach has only proven harmful to Myanmar’s people – all the while civil society has repeatedly called out its total ineffectiveness. ASEAN’s futile 5PC has only served to allow the junta to buy time and continue its war of terror, and the world to evade taking concrete, meaningful action. Even though Myanmar’s crisis is an ongoing threat to regional peace and stability, ASEAN has shown time and again that it lacks the political will and institutional capacity to address the unfathomable devastation in Myanmar caused by the military junta. For the two and a half years since the adoption of the 5PC, this approach has failed to yield any meaningful results, and the people of Myanmar have paid the price. The time is long overdue for the UNSC and the wider international community to take the lead – no longer deferring to ASEAN – and act decisively to end the junta’s widespread, systematic violence and atrocity crimes.
Today, dire humanitarian needs are alarmingly increasing across the country, with more than 2.6 million people having been displaced – a number that is likely a gross underestimation given the military junta’s intensified attacks on civilians and constraints on access to IDP communities. Civil society has repeatedly called on international actors, including ASEAN, UN agencies, and international non-governmental organizations, to cease any attempts at partnership with the junta in the name of humanitarian aid. Partnering with the military junta only exacerbates the crisis at hand, including by allowing the junta to continue to block aid from reaching the populations under its attacks. While fueling the junta’s notorious weaponization of aid, partnering with the junta also undercuts the effective and efficient work of countless local frontline humanitarians, as well as civil society organizations, community-based organizations, and ethnic organizations providing life-saving assistance on the ground.
Excellencies, the UN’s and ASEAN’s continued push for dialogue involving the military junta fails to acknowledge the Myanmar military as the root cause of the crisis, thus empowering the junta to continue to commit atrocity crimes with complete impunity and prolonging its oppression of the people. Further, pursuing dialogue with the military junta, while enabling its ongoing war of terror against the people, only undermines the Myanmar people’s unprecedented sacrifices and efforts to build genuine federal democracy from the ground up.
On the third anniversary of the Myanmar military junta’s attempted coup, we are reminded once again of the absence of substantial, meaningful actions from the international community to stop the military’s genocide, war crimes, and crimes against humanity – ongoing for decades against ethnic communities and being committed with greater intensity against Myanmar’s people today.
Thus, without delay, we call on the UNSC to live up to its mandate and fulfill its primary responsibility to protect the people of Myanmar by urgently adopting a new resolution under Chapter VII of the UN Charter. Such a resolution must require a referral of the crisis in Myanmar to the International Criminal Court or the establishment of an ad hoc tribunal; a comprehensive global arms embargo to block the military junta’s access to arms, ammunition, dual-use technology, and jet fuel; and targeted economic sanctions against the military junta, its affiliates, and its sources of revenue that fund its crimes.
There shall be no excuses to delay this action. With its track record of resolutions focused on the protection of civilians across the world, including Resolutions 1325 and 2147, among others, the UNSC certainly can and has taken concrete steps in accordance with its global mandate. It must now afford the same resolve and action to the people of Myanmar and their earnest pursuit of inclusive, sustainable peace.
Furthermore, we call on China and Russia – as permanent members of the UNSC who agreed to Resolution 2669 – to cease providing political, technical, and material support to the military junta for its relentless war of terror against the people and instead support the people’s efforts for a genuine federal democracy.
Myanmar’s future can only be defined by the will of the people, not the misguided initiatives of the international community. The people of Myanmar have bravely and courageously proven their aspirations and determination to end the military’s decades-long violence and to achieve long-lasting peace in Myanmar where people of diverse backgrounds can co-exist with equal rights and dignity in a truly inclusive federal democracy. It is time for the international community, particularly the UNSC, to align itself with the will of the people of Myanmar through swift, meaningful action. We reiterate our demand for a new UNSC resolution on Myanmar under Chapter VII of the UN Charter.
Signed by 463 civil society organizations, including 84 organizations that have chosen not to disclose their names because of the junta’s continued violence in Myanmar.
See the full list of signatories here.
Dec 13, 2023 | DFF, Open Letters
To:
The European Union Parliament
The United States Congress
The Parliament of Canada
The Parliament of Australia
The Parliament of United Kingdom
The Parliament of New Zealand
The Parliament of Japan
Your Honors,
We, the undersigned civil society organizations, are writing to express our grave concerns about the state of human rights and democracy in Cambodia. Cambodia is continuing on its descent into authoritarianism following another electoral charade in the 2023 General Election. We urge the international community to take action before this decline is further cemented in the upcoming 2024 Senate Election.
The drastically deteriorating human rights situation in Cambodia has been well-documented by experts and civil society organizations, notably since former Prime Minister Hun Sen used the country’s courts to dissolve the opposition Cambodia National Rescue Party (CNRP) in 2017. This occurred shortly after the CNRP demonstrated itself to be a real threat for Hun Sen’s Cambodian People’s Party (CPP) in successive nationwide elections.
Following a systematic undermining and repression of political opponents, including by disqualifying the main opposition Candlelight Party, the 2023 General Election resulted in a landslide victory for the CPP, securing 120 of the 125 seats in the National Assembly. Shortly after the election, Hun Sen resigned and his son and former chief of the Cambodian army Hun Manet took over as Prime Minister.
Since then, Hun Manet has attempted to portray himself as a new start for Cambodia. However, Hun Sen’s continued dominance within the CPP and the continued attacks against political opposition clearly demonstrate that this is not the case.
After Hun Manet’s appointment, a dissident and his wife were brutally assaulted in broad daylight a month into Hun Manet’s term. This attack shares similarities with assaults reported earlier in 2023 against members of the opposition Candlelight Party where a group of men in black clothes and helmets on motorcycles assaulted opposition members with metal rods.
Meanwhile, opposition leaders continue to be prosecuted and convicted on trumped-up and politically-motivated charges. In October, Thach Setha, a vice president of the CLP, was sentenced to three years imprisonment for incitement to commit a felony and incitement to discriminate on the basis of race, religion, or nationality. The charge was based on remarks posted on social media that he made in January about then-Prime Minister Hun Sen’s relationship with neighboring Vietnam. This sentence came three months after Thach Setha was sentenced to 18 months imprisonment for allegedly passing fraudulent checks.
In the same month, the now-banned CNRP leaders Sam Rainsy, Mu Sochua, Eng Chhai Eang, Ho Vann, and 6 activists, were sentenced to prison terms in a case connected to social media comments made in 2021. The opposition leaders called for suspension of debt repayment during the COVID-19, while human rights activists called out high-ranking officials buying citizenship in Cyprus. Phnom Penh Municipal Court also issued an arrest warrant for the four opposition leaders, all of whom live outside of Cambodia. All 12 defendants were convicted of incitement and conspiracy to commit treason.
Hun Sen himself retains his title as the leader of the CCP, and has said he will become head of the Senate and of the Supreme Council of the King. He has further publicly expressed that he would “continue to wield influence behind the scenes” and may “retake the prime ministership” in the event of instability or in-fighting.
It is evident that the upcoming Senate Election is at risk of being another electoral charade without stronger demands and actions from the international community. The current electoral landscape has effectively blocked the Candlelight Party participation, and the threat of its complete disbandment continues to loom. We have received reports that local Candlelight Party councilors have been the target of intimidation and judicial harassment from CPP commune chiefs, with many being imprisoned on flimsy grounds, resulting in intense pressure to defect to the ruling party. This situation raises serious concerns about the freedom and fairness of the upcoming Senate election slated for February 2024.
While we applaud the attention and efforts to sanction the Cambodian regime, notably through the enactment of the Cambodia Democracy and Human Rights Act by the United States of America, we urge parliamentarians to take action to advocate for any undue restrictions or requirements on political parties that prevent them from exercising their democratic right to fully participate in the upcoming 2024 Senate elections, including in the case of the Candlelight party, and continue to deny the legitimacy of the noncompetitive 2023 General Elections. Through legislative action, we implore you to strongly call out the Cambodian government to end all forms of political persecution and immediately and unconditionally release political prisoners. It is imperative for parliamentarians of democratic countries to champion the restoration of a diverse and inclusive political landscape and to demand for an impartial investigation into violations of human rights and electoral irregularities. We also urge you to issue clear, unequivocal, and vocal statements about the ongoing election-related human rights violations.
Cambodia, as a member of the United Nations and a party to various international agreements and treaties, has an obligation to uphold democratic values and ensure free and fair elections. Without the international community’s unwavering attention and resolute action, the people of Cambodia are at risk of falling further into the hands of an authoritarian regime.
Your Honors, together, parliamentarians across the globe can join the global community in sending a clear message to the Cambodian government that its actions are unacceptable and will not be tolerated. We are confident in your dedication to democratic values and trust that you will demonstrate this by extending your support to the people of Cambodia.
Yours Sincerely,
ASEAN Parliamentarians for Human Rights (APHR)
Asia Democracy Network (ADN)
Asian Forum for Human Rights Development (FORUM-ASIA)
Asian Network for Free Elections (ANFREL)
CIVICUS: World Alliance for Civic Participation
Human Rights Watch
Click here to download the open letter.
Nov 2, 2023 | DFF, Open Letters
2 November 2023
Open Letter to the Government of Thailand on Refugees Fleeing Myanmar
Re: New Thai government has the opportunity for a fresh start on Myanmar Refugees
To: Royal Thai Government
H.E. Srettha Thavisin, Prime Minister
H.E. Parnpree Bahiddha-Nukara, Deputy Prime Minister and Minister of Foreign Affairs
H.E. Anutin Charnvirakul, Deputy Prime Minister and Minister of the Interior
Attention to:
Hon. Wan Muhamad Noor Matha, Speaker of the House of Representatives of Thailand
Your Excellencies,
We, the undersigned civil society organizations, are writing to call upon the Pheu Thai government to ensure safe passage and access to humanitarian provisions for refugees fleeing violence and persecution in neighboring Myanmar. This would signal to the world that the new Thai government truly committed to respecting and upholding human rights.
As you know, the Myanmar military junta is committing ongoing war crimes and human rights violations against the civilian population, killing thousands and internally displacing 2 million people , according to the UN Office for the Coordination of Humanitarian Affairs. However, these numbers are likely much higher, based on data collected by local humanitarian organizations working on the ground in Myanmar. This is just the latest wave of civilian displacement resulting from the unprecedented violence and scorched-earth earth terror campaign by the Myanmar military as Thailand is well aware, having housed tens of thousands of Myanmar refugees in refugee camps for the past 40 years. We commend Thailand for its long history of providing shelter and humanitarian aid to refugees from across Southeast Asia, particularly from Myanmar.
The new Thai government has an opportunity to establish itself as a governing body that upholds the human rights of all people, including the many seeking safety, shelter, and protection in Myanmar. There is the possibility for meaningful engagement with pro-democracy forces and those truly committed to a free and fair future in the country. This is possible with the support of the new Thai government in choosing to stand on the right side of history.
We urge you to enact policies that ensure refugees are granted safe passage and humanitarian assistance, starting by instructing Thai border authorities to immediately halt the forced return of Myanmar refugees, in line with the Convention Against Torture and Other Cruel, Degrading Treatment or Punishment, of which Thailand is a state party, as well as Thailand’s own Act on the Prevention and Suppression of Torture and Enforced Disappearance. Refugees living in the camps in Thailand must be given access to educational and economic opportunities that will allow them to thrive outside the camps in various capacities.
If your government enacts these policies, you will not only be acting with principled morality, and gaining the infinite gratitude of the Myanmar people, but you will also be raising the international community’s esteem and respect for Thailand as a democratic, humane, rights-respecting nation.
Yours sincerely,
Ah Nah Podcast – Conversations with Myanmar
ALTSEAN-Burma
ASEAN Parliamentarians for Human Rights
Asylum Access Thailand
Australian Karen Organisation Inc
Burma Action Ireland
Burma Concern
Coalition for the Rights of Refugees and Stateless Persons (CRSP)
CRPH & NUG Supporters Ireland
CRPH Funding Ireland
CRPH/NUG Support Group, Australia, National representative for NSW Rep
CRPH/NUG Support Group, Western Australia
CRPH/NUG Support Group Australia
Human Rights Foundation of Monland
Initiatives for International Dialogue
International Detention Coalition (IDC)
Karenni National Women’s Organization
MADPET (Malaysians Against Death Penalty and Torture)
Manushya Foundation
Milk Tea Alliance – Friends of Myanmar
Move Forward Party
Myanmar Campaign Network
Myanmar Geoscience Association, Western Australia
Myanmar Response Network (MRN)
มูลนิธิสิทธิเพื่อสันติภาพ (Peace Rights Foundation)
The William Gomes Podcast, United Kingdom
U.S. Campaign for Burma
Click here to read this open letter in Thai.
Aug 29, 2023 | DFF, Open Letters
TO:
The Defence Ministers of
Brunei Darussalam, Cambodia, China,
India, Japan, Laos, Malaysia, Philippines,
Republic of Korea, Singapore, Thailand, Vietnam,
CC:
The Defence Ministers of
Indonesia, Australia, New Zealand,
United States
15 August 2023
Subject: Request to cancel or refuse to attend ADMM-Plus military training exercises involving the Myanmar military junta
Dear Defence Ministers,
We, the undersigned 551 Myanmar regional and international organisations and allies are writing this open letter to urge ASEAN Member State governments to:
1. cancel the upcoming ASEAN Defence Ministers’ Meeting-Plus Experts’ Working Group on Counter Terrorism (ADMM-Plus EWG) training exercises under the co-chairmanship of the Myanmar military junta and Russia;
2. exclude Myanmar military junta members from all ADMM-Plus meetings and activities.
If the Myanmar military is not excluded from ADMM-Plus activities, we appeal to ASEAN Member State governments and Dialogue Partners to:
3. publicly refuse to attend all ADMM-Plus activities with the Myanmar military.
As you know, the ADMM-Plus EWG is currently being co-chaired by the Myanmar military junta and Russia, who are organising a field training exercise in Russia in September and have already held a tabletop exercise in Myanmar in August. The planned training exercise in Russia appears to include a simulation that involves trying to defeat ‘terrorists’ from a border area. This would provide direct support to the Myanmar military junta to improve its capacity to wage war against the people of Myanmar and its attempts to control them by force, while simultaneously also providing support to the Russian military to continue its atrocities against the people of Ukraine. This contradicts the ASEAN Charter, which states adherence to the principles of peaceful settlement of disputes, democracy, respect for and protection of human rights and fundamental freedoms.[i] The fact that ASEAN is providing military support to the Myanmar military junta while the junta is waging a campaign of terror against the people of Myanmar further damages the bloc’s credibility.
We underline the fact that the Myanmar military junta is not, by any definition, a government and therefore has no legitimacy to represent the people of Myanmar in ASEAN or ADMM-Plus meetings and activities. For decades, the Myanmar military has committed international crimes against democratic forces and civilians under the pretext of ‘counter terrorism’. Since the failed coup attempt, the junta has deceitfully and arbitrarily designated the democratically elected National Unity Government (NUG), Committee Representing Pyidaungsu Hluttaw (CRPH), and the People’s Defence Forces (PDFs) as “terrorists”.[ii] The junta itself, however, meets the criteria for a terrorist organization under both domestic and international law,[iii] and does not have any legitimacy to chair a counter terrorism platform or host counter terrorism exercises.
Over the past 30 months, the military junta has engaged in a campaign of extreme violence against the people of Myanmar. To date, the military has killed 3,897 people and imprisoned 19,740 more.[iv] The military has committed indiscriminate airstrikes, shelling, mass torture, sexual violence and other horrific acts of violence. Their war crimes and crimes against humanity have forced 1.6 million people to flee their homes[v] since the attempted coup began. Thus, it must also be understood that the military junta is not a professional armed force under civilian control that defends the people of Myanmar from external threats.
The junta’s ability to gain and retain power depends on violence, coercion, access to funds, arms and other resources, and importantly, the complicity of international governments. Through ADMM and ADMM-Plus, ASEAN Member States and Dialogue Partners are falsely lending legitimacy to the junta’s ‘defence ministry’ and emboldening both the Myanmar junta and Russia to commit further international crimes with blanket impunity.
We welcome thedecisions of Australia, New Zealand and the United States to not participate in the recent tabletop training in Myanmar or the upcoming training in Russia.[vi] We also note that Japan, Singapore and South Korea are not present in photographs of the training in Myanmar published by those involved.[vii] [viii] ADMM has also previously excluded the junta’s defence minister,Mya Tun Oo, from participation in ministerial meetingsin November 2022.[ix] We call on all ASEAN Member States and Dialogue Partners to take responsibility in responding to the crisis in Myanmar by taking the actions described at the beginning of this letter.
On July 28, Defend Myanmar Democracy – a civil society campaign to defend Myanmar people’s right to democratic representation internationally – wrote to ASEAN and ADMM leaders urging them to cancel the counter-terrorism training sessions hosted by the military junta and Russia this year. To date, no response has been received and preparation for the training appears to be continuing. Consequently, we urge you, as the defence ministers of ASEAN Member States and Dialogue Partners, to exert your strong influence in support of Myanmar people’s human rights and fundamental safety.
This letter reiterates similar appeals from Myanmar civil society organisations[x] [xi] [xii] and regional parliamentarians[xiii] calling on ASEAN leaders to exclude Myanmar military junta representatives from ASEAN’s meetings at all levels and to take other actions to effectively address the Myanmar crisis, as well as calling on ASEAN Dialogue Partners to boycott ADMM-Plus defence meetings. This request also echoes the concerns raised recently by the United Nations Special Rapporteur for the situation of human rights in Myanmar, Mr Thomas Andrews, in his oral update to the UN Human Rights Council[xiv] and in his statement on his mission to Indonesia[xv]. The Special Rapporteur recommends that ASEAN must not allow Myanmar military junta personnel to participate in any ASEAN meetings, especially defence-related ones. He also calls on ASEAN Member States to: “not attend if the invitations to the junta military personnel are not rescinded.”[xvi]
We look forward to your positive response and hope to see ASEAN Member States and Dialogue Partners take immediate action.
Sincerely,
This letter is endorsed by 551 organisations representing Myanmar regional and international civil society, including the 298 organisations listed below and 253 organisations which have chosen not to disclose their names below.
See the full list of signatories here.
[i] Association of South East Asian Nations, The ASEAN Charter, 2008, https://asean.org/wp-content/uploads/images/archive/publications/ASEAN-Charter.pdf
[ii] Sebastian Strango, ‘Myanmar Junta Labels Shadow Government ‘Terrorists’’, The Diplomat, 10 May 2021, https://thediplomat.com/2021/05/myanmar-junta-labels-shadow-government-terrorists/
[iii] Special Advisory Council Myanmar, Briefing Paper: The Myanmar Military is a Terrorist Organization Under Law, 14 December 2021, https://specialadvisorycouncil.org/2021/12/briefing-paper-the-myanmar-military-is-a-terrorist-organisation-under-law/
[iv] Assistance Association For Political Prisoners (Burma), Daily briefing, 7 August 2023, https://aappb.org/?p=25868
[v] United Nations Office for the Coordination of Humanitarian Affairs, Myanmar Humanitarian Update No. 31, 15 July 2023, https://reliefweb.int/report/myanmar/myanmar-humanitarian-update-no-31-15-july-2023?_gl=1*m6gzo1*_ga*NzAzODY5MTY2LjE2NzcxMzUxMzA.*_ga_E60ZNX2F68*MTY4OTgxNzE3OS4xMi4wLjE2ODk4MTcxNzkuNjAuMC4w
[vi] Myanmar Now, ‘Russia and Myanmar junta to host ASEAN counter-terrorism exercises despite boycott by dialogue partners’, Myanmar Now, 22 June 2023, https://myanmar-now.org/en/news/russia-and-myanmar-junta-to-host-asean-counter-terrorism-exercises-despite-boycott-by-dialogue-partners/
[vii] Ministry of Defence of the Russian Federation, ‘Counter-terrorism drills with the participation of ASEAN member countries and Dialogue Partners (ADMM plus) began in Myanmar’, 3 August 2023, https://eng.mil.ru/en/news_page/country/more.htm?id=12474571@egNews
[viii] Global New Light of Myanmar, ‘Successful conclusion of ADMM-Plus Counter-Terrorism tabletop exercise bolstering regional security’, 5 August 2023, https://www.gnlm.com.mm/successful-conclusion-of-admm-plus-counter-terrorism-tabletop-exercise-bolstering-regional-security/
[ix] Tan Hui Lee, ‘Myanmar junta snubbed at Asean defence chiefs’ meet’, Straits Times, 23 November 2022, https://www.straitstimes.com/asia/se-asia/myanmar-junta-snubbed-at-asean-defence-chiefs-meet
[x] Progressive Voice, Forum Asia & ALTSEAN, ‘ASEAN must stop enabling Myanmar junta’s atrocities’ [statement], 16 May 2023, https://progressivevoicemyanmar.org/2023/05/16/asean-must-stop-enabling-myanmar-juntas-atrocities/
[xi] Progressive Voice & Forum Asia, ‘Myanmar: ASEAN leaders must take decisive steps, stop aiding and abetting junta’s atrocity crimes’ [press release], 9 November 2022, https://progressivevoicemyanmar.org/2022/11/09/myanmar-asean-leaders-must-take-decisive-steps-stop-aiding-and-abetting-juntas-atrocity-crimes/
[xii] 448 Myanmar regional and international organizations, ‘United States: Open letter to ADMM dialogue partner’ [open letter], 14 July 2022, https://progressivevoicemyanmar.org/2022/07/14/open-letter-to-admm-dialogue-partner/
[xiii] ASEAN Parliamentarians for Human Rights, ‘ASEAN must exclude Myanmar junta from all joint military exercises, Southeast Asian MPs say’ [statement], 28 July 2023, https://aseanmp.org/aipmc/2023/07/28/asean-must-exclude-myanmar-junta-from-all-joint-military-exercises-southeast-asian-mps-say/
[xiv] Thomas Andrews, Oral update to the United Nations Human Rights Council – 53nd Session, 6 July 2023, https://www.bit.ly/44dIP2Z
[xv] Thomas Andrews, End of Mission Statement, 21 June 2023, https://bangkok.ohchr.org/wp-content/uploads/2023/06/ENG-21.06.2023-UNSR-Myanmar-EoM-Statement-FINAL.pdf
[xvi] Thomas Andrews, End of Mission Statement, 21 June 2023, https://bangkok.ohchr.org/wp-content/uploads/2023/06/ENG-21.06.2023-UNSR-Myanmar-EoM-Statement-FINAL.pdf
Aug 10, 2023 | DFF, Open Letters
Mr. Võ Văn Thưởng
State President
No. 2, Hùng Vương, Ba Đình District
Hà Nội
Việt Nam
[Open letter – URGENT] Việt Nam: Halt the arbitrary execution of death row prisoner Nguyễn Văn Chưởng
Your Excellency,
We, the undersigned organizations, are writing to express our deep concern over the apparently impending execution of death row prisoner Mr. Nguyễn Văn Chưởng. We request that you and the responsible authorities ensure the execution is halted immediately and that you initiate a prompt, impartial and effective investigation into allegations that he was tortured to compel him to “confess” guilt. This “confession” was allegedly unlawfully admitted into evidence and was relied on in convicting him at trial, in contravention of Việt Nam’s international legal obligations.
According to Chưởng’s father Mr. Nguyễn Trường Chinh, he received a notification dated 4 August 2023 from the People’s Court of Hải Phòng, informing him that as Chưởng’s relative, he could apply in writing to receive his son’s ashes or corpse within 3 working days of the notification. It is unclear, however, whether the execution is imminent or has already been carried out.
Particularly given the likelihood that he had been subject to an unfair trial and proceedings that led to his conviction and death sentence, his execution would amount to a violation of the right to life and freedom from cruel, inhuman or degrading punishment under international human rights law and Việt Nam’s international legal obligations. In addition, his execution would perpetrate a grave injustice despite his family’s persistent plea for a comprehensive case review over the past decade.
On 3 August 2007, the Hải Phòng City Police Department arrested then 24-year-old Nguyễn Văn Chưởng, along with Đỗ Văn Hoàng and Vũ Toàn Trung, in connection with the killing of a high-ranking police officer. The primary evidence relied on to convict them was their “confessions”, which the defendants alleged were made under extreme duress and torture.
The investigation conducted by the police was riddled with discrepancies, disregarding crucial evidence in favour of the forced “confessions”. Despite the existence of strong alibi witnesses, the police failed to investigate their validity. Instead, they arrested Chưởng’s younger brother, Mr. Nguyễn Trọng Đoàn, on allegations of manipulating evidence and witnesses. The police reportedly coerced Chưởng’s alibi witnesses by physical force into changing their testimonies.
On 12 June 2008, Chưởng and his co-defendants were tried for murder, and he was given the death penalty. Despite multiple appeals by Chưởng and his co-defendants, as well as the Chief Prosecutor of the Supreme People’s Procuracy of Việt Nam, the Supreme People’s Court of Việt Nam upheld his conviction and death sentence.
By carrying out Nguyễn Văn Chưởng’s death sentence, Việt Nam is piling yet another violation of Mr. Chưởng’s rights on top of the numerous abuses that he was subjected to during the investigation and trial of his case.
Death penalty
By executing Mr. Nguyễn Văn Chưởng, Việt Nam would defy the global trend towards the abolition of the death penalty and the establishment of a moratorium on the use of the death penalty. The UN General Assembly, in repeated resolutions and by overwhelming majorities, most recently in General Assembly Resolution 77/222 of 15 December 2022, has called on all States that retain the death penalty to impose an immediate moratorium on its use, with a view to abolition.
In line with opinions shared by many governments and the United Nations, we emphasize that the death penalty constitutes a denial of the right to life protected by Article 6 of the International Covenant on Civil and Political Rights (ICCPR) to which Việt Nam is a State party; and that it constitutes a form of cruel, inhuman or degrading punishment, prohibited under Article 7 of the ICCPR and the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT). Countries like Việt Nam where the death penalty is imposed must ensure, at a minimum, that it is only used in cases of “the most serious crimes” following a trial that meets the highest level of compliance with international law and standards of fairness. As the UN Human Rights Committee noted: “Violation of the fair trial guarantees provided for in article 14 of the Covenant in proceedings resulting in the imposition of the death penalty would render the sentence arbitrary in nature, and in violation of article 6 of the [ICCPR]” (General Comment No. 36 – Article 6: right to life, UN Doc. CCPR/C/GC/36, para. 41). Chưởng’s trial was clearly neither fair nor compliant with international human rights law.
Allegations of torture
As a State party to the UNCAT and the ICCPR, Việt Nam has an obligation to respect the prohibition of torture and other forms of ill-treatment at all times.
Article 15 of the UNCAT obliges State parties to “ensure that any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings.” International law prescribes that State parties must conduct prompt, impartial and thorough investigations when complaints of torture or other ill-treatment are made (Article 12 and 13, UNCAT; and Article 7 and 2(3), ICCPR). In addition, State parties must provide prompt and effective remedies and full reparations for victims of torture and other ill-treatment (Article 14, UNCAT, and Article 7 in connection with Article 2(3), ICCPR).
Appeal
In light of these concerns, we urge you to:
- Immediately notify Mr. Nguyễn Văn Chưởng’s family about his current status;
- Immediately grant him a permanent reprieve from execution;
- Release him or grant him a new trial in line with fair trial standards under international law;
- Initiate a prompt, impartial and effective investigation into the allegations that he was subjected to torture or other cruel, degrading or inhuman treatment with a view to gaining “confessions” and, if proven, bring the perpetrators to justice and provide him and his family with access to an effective remedy and reparation in line with international human rights law and standards; and
- Impose a moratorium on executions with a view to abolishing the death penalty both in law and in practice in Việt Nam.
We thank you for your urgent consideration of these concerns.
Yours sincerely,
Signatories:
Amnesty International
Anti-Death Penalty Asia Network (ADPAN)
ASEAN Parliamentarians for Human Rights
Asia Democracy Network
Asian Forum for Human Rights and Development (FORUM-ASIA)
Centre for Civil and Political Rights
Cross Cultural Foundation
Duayjai Group
International Commission of Jurists
Manushya Foundation
People in Need
The 88 Project
Transformative Justice Collective
