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Member States of the

United Nations Human Rights Council

Paris - Brussels -Bangkok, March 23, 2010

Re: The Human Rights Council should endorse the report and the recommendations of the

Special Rapporteur on the human rights situation in Myanmar/Burma

Excellencies,

The International Federation for Human Rights (FIDH), the Alternative Asean Network on Burma

(ALTSEAN), the Burma Lawyers' Council (BLC), and the International Trade Union Confederation

(ITUC) strongly urge the Human Rights Council to endorse the conclusions and recommendationsput forward by the United Nations Special Rapporteur on the human rights situation in Myanmar,

Professor Tomas Quintana, in his latest report to the Council on March 15, 2010.

Our Organisations strongly support the Special Rapporteur's findings that ' 'there is a pattern of

gross and systematic violation of human rights which has been in place for many years and still

continues.'' We further concur with his conclusion that the lack of accountability and the systematic

and widespread human rights violations indicate that they are ''the result of a state policy'' that

involves state actors at all levels.

FIDH, ALTSEAN-Burma and BLC have already drawn the attention to the fact that some of these

alleged violations may amount to international crimes and the Burmese government is thus obliged

to investigate and prosecute those responsible and provide redress to victims.1 The on-going lack of

accountability for these alleged violations at the national-level, warrants the consideration by the

UN of ''the possibility to establish a commission of inquiry with a specific fact finding mandate to

address the question of international crimes.'', as stated in Special Rapporteur's report .

The undersigning organisations have long been requesting for the establishment of a Commission of

Inquiry into allegations of international crimes committed in Burma. As stated in his latest and

previous reports as well as in those of other UN special procedures and mechanisms, consistent

1 See FIDH - BLC- ALTSEAN-Burma report entitled Burma: An International Commission of Inquiry more urgent

than ever, can be downloaded at http://www.fidh.org/IMG/pdf/bu08.pdf

FIDH

17, passage de la Main dOr

Phone : +331 43 55 25 18, Fax : +331 43 55 18 80

fidh@fidh.org-http://www.fidh.org

http://www.fidh.org/IMG/pdf/bu08.pdfmailto:fidh.ge@worldcom.chmailto:fidh.ge@worldcom.chhttp://www.fidh.org/http://www.fidh.org/http://www.fidh.org/http://www.fidh.org/IMG/pdf/bu08.pdfmailto:fidh.ge@worldcom.chhttp://www.fidh.org/

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reports of crimes perpetrated by the Burmese military include the destruction of over 3,000 ethnic

minority villages, rampant use of forced labour in certain areas, the conscription of tens of

thousands of child soldiers, the forced displacement of over one million refugees and internally

displaced persons, and the widespread and systematic rape of women in the ethnic minority regions

of the country. These crimes have already been condemned repeatedly by the UN General

Assembly, the then UN Commission of Human Rights, the ILO, as well as the Human Rights

Council.

The ILO office in Rangoon has received a number of complaints against forced labour, but reprisals

against people associated with forced labour complaints to the ILO continue. We support the

Special Rapporteur's findings that this is in clear breach of the spirit and letter of the protections

provided in the Supplementary Understanding. We also support the Rapporteurs encouragement for

the strengthening of ILO presence in the country and the important link made between extractive

industries and forced labour violations in the report. Exaction of forced labour happens against a

backdrop of an increasing number of strikes in Burma. The ITUC and its affiliated organization, the

Federation of Trade Unions Burma, have long held that the situation with regards to freedom of

association and the right to organize in Burma is an integral part of the development of true

democracy in Burma.

As long as state-sponsored and -orchestrated violations continue unabated and have not been

addressed, the general elections planned for this year will bring neither true democracy nor genuine

national reconciliation in the country. The undemocratic election laws announced recently and the

Burmese government's inaction on key benchmarks established by the international community are

also clear indications of the government's recalcitrance on real political reform.

For our Organisations, it is time to act. It is not the time to stand by silently as the Burmese

government defiantly follows a road map to entrench military rule and further repression of political

opponents, ethnic nationalities and workers. The Council should endorse the Special Rapporteur's

report and send a clear signal to the Burmese authorities that a tremendous accountability gap

remains unfilled and its current approach to national reconciliation is deeply flawed. Doing so will

also reaffirm the international community's support for the four core human rights elements

proposed by the Special Rapporteur, which remain unrealised by the Burmese military regime up to

date.

We appreciate your serious consideration of our request.

Sincerely yours,

Souhayr Belhassen Guy Ryder Thein Oo Debbie Stothard

FIDH President ITUC Secretary General President BLC Coordinator ALTSEAN - Burma

FIDH

17, passage de la Main dOr

Phone : +331 43 55 25 18, Fax : +331 43 55 18 80

fidh@fidh.org-http://www.fidh.org

mailto:fidh.ge@worldcom.chmailto:fidh.ge@worldcom.chhttp://www.fidh.org/http://www.fidh.org/http://www.fidh.org/mailto:fidh.ge@worldcom.chhttp://www.fidh.org/