Honorable Ms.

Navanethem (Navi) Pillay

Office of the United Nations High Commissioner for Human Rights (OHCHR)
Palais Wilson
52 rue des Pâquis
CH-1201 Geneva, Switzerland
Date: December 10, 2010

Dear Madam Commissioner,

We are the activists who have been relentlessly fighting for freedom and democracy in Burma since
1988. The nationwide popular uprising named 8888 uprising was ended up with another coup by the
military causing tens of thousands of deaths under its brutal suppressions in the incident in Burma.
The military dictatorship rule has loomed in Burma ever since then.

In the past, the wide spread protests by the Buddhist monks and civilians in Saffron Revolution in
2007, and ensuing violent crackdown, had opened a new window of opportunity to end impunity for
the ongoing crimes being perpetrated by military leadership. Burma was added for the first time to
the United Nations Security Council Agenda eventually.

Chapter VII of the United Nations Charter allowed the Security Council members heightened power
to address situations that constitute a threat to international peace and security. Over the last two
decades, in particular, there has been a growing international consensus not only that lawless states
are a threat to peace and security of the neighbors, but also that the world community has a moral
and legal duty to protect people held prisoners by their own leaders. The world has opened a new
page for achieving global justice. United Nations must hold accountable to the dictators that
impunity will not be granted to war criminals, by referring them to the ICC.

The systematically crafted 2008 bogus constitution of Burma guaranteed ruling Than Shwe and his
gang the immunity suggesting that the head of state and military generals can get away with the
gravest crimes against humanity without any consequences. The ruling junta in denial of democracy
continues its criminal violations of international humanitarian and human rights law, including
violations of the Geneva Conventions. Art 51. - Protection of the civilian population:

1. The civilian population and individual civilians shall enjoy general protection against
dangers arising from military operations. To give effect to this protection, the following
 rules, which are additional to other applicable rules of international law, shall be observed in
all circumstances.

2. The civilian population as such, as well as individual civilians, shall not be the object of
attack. Acts or threats of violence the primary purpose of which is to spread terror among
the civilian population are prohibited. Thus, UN Human Rights rapporteur Mr. Quintana has
finally concluded the UN to investigate the junta’s violation of human rights. Such focus on
criminal investigation against the regime will also lead to a meaningful dialogue with all the
stakeholders, by preventing it from further violations against the oppositions and the
minorities as well.

However, the world’s superpowers like Russia and China continued to hinder the UN’s effort to do
its job by backing the junta in this case. Than Shwe regime’s continuous waging wars against the
ethnic minorities spelling tens of thousands of refugees into Thailand and intimidating the
oppositions during the “sham elections” in 2010 called for the world an immediate action. The
international call for the releases of all the prisoners of conscience is still ignored.

In conclusion, the western nations’ final approach to democratization in Burma is inconceivable that
a war criminal like Senior General Than Shwe be allowed to participate in the negotiations for
democratization of Burma. Senior General Than Shwe has been the head of the SPDC for over
eighteen years and has consistently thwarted all efforts for Burma’s democratization. He has held
hostage to Daw Aung San Suu Kyi, the ethnic cease-fire groups and the political prisoners; it is thus
not only absurd but also illegal that a war criminal be allowed to negotiate the terms of Burma’s
democratization with NLD and Daw Aung San Suu Kyi the winners of 1990s elections. We
honestly believe that the pursuit of criminal accountability against the military generals is essential
before democracy can be achieved in Burma. We also would like to appeal international
governments and organizations for the best efforts to end the human rights violation and to give
substantial backing to Daw Aung San Suu Kyi, who is the only leader to bring the genuine
democracy in Burma.

Sincerely,

Co-opreative Organizations
1 ) Overseas National Students' Organization of Burma ( H.Q ) Denmark
Tay Za Thura
General Secretary
E-mail : tayzathura@gmail.com

2 ) Burmese Democratic Community ( Netherlands )

Ko Myat Thiha
Political Dept
E-mail : myatthiha101@yahoo.co.uk
3 ) International Foundation for Burma National Congress ( USA ) ( I.F.B.N.C )
Ko Htun Hlaing
Director ( Political Action Committee )
E-mail : kyiwayphy0@yahoo.com

4 ) National League for Democracy ( L.A ) Netherlands

Ko Hla Myint Naing
Chairman
E-mail : hlamyintnaing@yahoo.com

5 ) Overseas National Students' Organization of Burma ( Branch ) Sweden

Ko Toe Win
Political Dept
E-mail : kotoegyi1@yahoo.com

6 ) Burma Democratic Concern ( BDC ) United Kingdom

Ko Myo Thein
Director
E-mail : myothein@bdcburma.org

7 ) Burma Bureau Germany

Ko Sonny Aung Than Oo
Foreign Affairs
E-mail : atoburma@web.de

8 ) Overseas National Students' Organization of Burma ( Branch ) Thailand

Ko Than Phay
Secretary
E-mail : thanpae@gmail.com

9 ) All Burma Monks Representative Committee ( India )

Ashin Thavara
General Secretary
E-mail : abmrc.delhi@gmail.com