Burma: Release of Ms. Phyu Hnin Htwe

October 20, 2014

The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), has received new information and requests your urgent intervention in the following situation in Burma.

New information:

The Observatory has been informed by reliable sources about the release of Ms. Phyu Hnin Htwe, a 22-year-old activist, member of the All Burma Federation of Student Unions (ABFSU), and former youth member of the National League for Democracy (NLD)

According to the information received, on October 15, 2014, Ms. Phyu Hnin Htwe was released from Monywa Prison, Sagaing Division. This followed the withdrawal of a lawsuit by the Chinese company Wanbao, one of the mine's operators, after 13 October hearing at the Yinmabin District Court, Sagaing Division.

Ms. Phyu Hnin Htwe had been detained since September 13, 2014 on fabricated charges of kidnapping two Chinese workers near the Letpadaung copper mine in Salingyi Township, Sagaing Division under Articles 364 and 368 of the Criminal Code (see background information).

The Observatory welcomes the release of Ms. Phyu Hnin Htwe and thanks all the individuals, institutions and organisations that intervened in her favour. However, the Observatory regrets that she was arbitrarily detained for more than a month before being released. The observatory reiterates its concern about the criminalisation of human rights defenders who are as accused of taking part in crimes and illegal activities.

The Observatory more generally reiterates its call on the Burmese authorities to put an end to all acts of harassment - including at the judicial level - against all human rights defenders in Burma, and to comply with all international human rights standards and international instruments ratified by Burma, in particular the United Nation (UN) Declaration on Human Rights Defenders, adopted by the UN General Assembly on December 9, 1998.

Background information:

Since August 2012, community members in the Letpadaung area in Sagaing Division have staged peaceful protests against the expansion of Letpadaung copper mine, a joint venture between China's Wanbao company and Burma's military-backed Union of Myanmar Economic Holdings (UMEH). They voiced concerns over environmental damage, poor compensation for displaced families, and negative impacts to their livelihoods. Authorities violently repressed these demonstrations on several occasions. On November 29, 2012, police in Salingyi Township, Sagaing Division, used white phosphorus grenades to disperse a peaceful protest near the Letpadaung copper mine, resulting in severe injuries to at least 70 activists and monks.

From August to December 2012, as an ABFSU member, Ms. Phyu Hnin Htwe was involved in community protests against the Letpadaung copper mine.

After December 2012, she continued to visit two villages in the area affected by the Letpadaung copper mine, Tone and Hsete, to work as a volunteer teacher for children. She also remained engaged in the community's land rights activities by attending demonstrations and publishing information on social media related to the Letpadaung copper mine's impacts and villagers' activities in opposition to the project.

On May 18, 2014, villagers near the Letpadaung copper mine detained one Burmese and two Chinese Wanbao employees because they suspected the workers were planning to fence in recently seized lands. The villagers released the Burmese worker the same day but held the two Chinese workers for about 30 hours in Hsete Village.

Ms. Phyu Hnin Htwe was present in Hsete Village that day in her capacity as a volunteer teacher. When she heard about the situation involving the Wanbao employees, she visited the monastery where they were being held. She had not been involved in the kidnapping [1].

On May 21, authorities requested seven people to appear in court to face charges of abduction. Ms. Phyu Hnin Htwe was among those charged but she did not appear in court. On May 22, Yinmabin District Court tried and pardoned the five defendants present.

On September 13, authorities arrested Ms. Phyu Hnin Htwe at her home in Patheingyi, Mandalay Division, and brought her to Monywa Prison in Sagaing Division. She was held incommunicado until a September 15 hearing, where she appeared without a lawyer.

On September 30, a judge at the Yinmabin District Court denied the bail request filed by her lawyer.

Actions requested:

Please write to the authorities of Burma, urging them to:

i. Guarantee in all circumstances the physical and psychological integrity of Ms. Phyu Hnin Htwe as well as of all human rights defenders in Burma;

ii. Put an end to acts of any acts of harassment, including at the judicial level, against Ms. Phyu Hnin Htwe as well as against all human rights defenders in Burma;

iii. Comply with all the provisions of the United Nations Declaration on Human Rights Defenders, in particular with its:

- Article 1, which provides that "everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels";

- Article 6(a), which foresees that "everyone has the right, individually and in association with others, to participate in peaceful activities against violations of human rights and fundamental freedoms";

- Article 12.2, which provides that "the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration";

iv. More generally, ensure in all circumstances the respect for human rights and fundamental freedoms in accordance with the Universal Declaration of Human Rights, and ratify international and regional human rights instruments.