February 25, 2021
Foreign Minister Toshimitsu Motegi
Ministry of Foreign Affairs
2-2-1 Kasumigaseki, Chiyoda-ku
Tokyo 100-8919, Japan
Re: Myanmar Coup and Ongoing Rights Abuses
Dear Foreign Minister Motegi,We, the undersigned civil society groups, urge you to take immediate and concrete steps torespond to the Myanmar military’s coup of February 1, 2021. As you know, the military has
detained the civilian leaders of the national and state governments and announced a one-year“state of emergency.” If this coup is not reversed, it could set back the struggle for humanrights and democracy in Myanmar for generations.
We call on the Japanese government to take joint action with concerned countries in the formof targeted economic sanctions against the Myanmar military, its leadership, and its vast
economic holdings in the two military conglomerates, Myanmar Economic Holdings Ltd (MEHL)
and Myanmar Economic Corporation (MEC). We urge the Japanese government to support a
global arms embargo against the Myanmar military at the UN Security Council or via otherappropriate forums, and to end their longstanding and ineffective attempts at soft, private
diplomacy with the Myanmar military. Japan should instead speak clearly, consistently, andpublicly about violations and the need to protect the rights of the Myanmar people.
Tatmadaw Coup
To justify its coup, the Myanmar military (known as the Tatmadaw) invoked an article of themilitary-drafted 2008 constitution that allows it to declare a state of emergency and takecontrol of all three branches of government. The military named Vice-President Myint Swe, amember of the military-backed opposition party, as acting president. Myint Swe then signed
the authorization for the declaration of the state of emergency, transferring power to theTatmadaw commander-in-chief, Sr. Gen. Min Aung Hlaing. Concerned countries including Japan
have already determined this seizure of power constituted a coup against a democraticallyelected government.
The Tatmadaw arrested State Counselor Aung San Suu Kyi, President Win Myint, and several
dozen other senior National League for Democracy (NLD) party and government officials inearly morning raids in the capital, Naypyidaw. The military has since brought ludicrous chargesagainst Aung San Suu Kyi for illegally importing walkie-talkies, while charging Win Myint withviolating Covid-19 regulations by greeting supporters during the election campaign. However,
the arrest, on clearly specious grounds, of President Win Myint does not make his office vacant,meaning the Tatmadaw violated article 73(a) of the Constitution, which states that the vicepresident “who has won the second highest votes in the presidential election shall serve as
acting president if the office of the president falls vacant due to his resignation, death,permanent disability or any other cause.” The Tatmadaw does not have the authority toreinterpret the Constitution; that duty falls to the Constitutional Tribunal.
By February 21, authorities had reportedly arrested a total of 640 people in connection with thecoup, with 593 still in custody, including NLD officials and civil society activists around thecountry. During the coup, the military cut internet and phone lines across large parts of thecountry and throttled other communications such as 3G mobile networks prior to the military’sannouncements on Myanmar state media. Authorities also blocked social media such as
Facebook and Twitter, and have resorted to a series of so far temporary cuts intelecommunications and the internet.
The coup came after the military repeatedly alleged without evidence that there werewidespread election irregularities during the November 2020 elections. It claimed that theUnion Election Commission (UEC) and the NLD failed to address the concerns of opposition
political parties, ethnic groups, and the military, and failed to “properly perform their duties but
also neglected to conduct a free, fair and transparent election.” Although some votingirregularities were noted early in the process, domestic election observers in a joint statement
on January 29 said the “results of the election were credible and reflected the will of themajority of the voters.” The military has now replaced the UEC with handpicked commissioners,
raising concerns about the independence or impartiality of a future investigation of election
irregularities and results.
Ongoing Rights Abuses
The Tatmadaw has been responsible over many years for systematic and grave violations ofhuman rights. It has committed war crimes against the country’s ethnic minority populations.
These abuses include the August 2017 campaign of ethnic cleansing against the ethnic Rohingya
population in Rakhine State, including acts of genocide, killings, sexual violence, and forced
removal that amount to crimes against humanity.
In Rakhine State, the military and police keep an estimated 600,000 Rohingya confined tocamps and villages without freedom of movement, cut off from access to adequate food, healthcare, education, and livelihoods. Approximately 130,000 have been held since 2012 in open-air
detention camps. Human Rights Watch found that the squalid and oppressive conditions
imposed on the Rohingya amount to the crimes against humanity of persecution, apartheid,and severe deprivation of liberty.
Japan’s Diplomacy Towards Myanmar

For decades, Japan’s foreign policy towards Myanmar has operated primarily on the basis ofquiet, behind-the-scenes diplomacy. Officials often explain that this approach is more
successful than putting public pressure on the military and government. They also argue thatthey see Myanmar as a key country in a larger regional strategy to push back against China’s
growing influence, which requires them to engage in friendly diplomacy despite egregious
rights abuses.
Because of this approach, Japan has failed its international responsibility to defend humanrights by refraining from openly and clearly criticizing the grave violations of human rights
perpetrated by the Myanmar government or Tatmadaw, fearing that any criticism would push
Myanmar into the arms of the Chinese government, ignoring that this kind of competition with
China is both unethical and unwinnable. For instance, Japan abstained from all Myanmarrelated resolutions at the Human Rights Council and the UN General Assembly since 2017. It
refrains from using the term “Rohingya” in deference to the Myanmar government’s racist
preferences. In one particularly shocking and unacceptable incident, Ichiro Maruyama, Japan’scurrent ambassador to Myanmar, claimed he “prayed” for the International Court of Justice toside with Myanmar and rule that genocide had not occurred against the Rohingya.
In parallel with the Japanese government’s often “values-free” diplomacy, Japan’s private
sector has also been increasingly investing in Myanmar, at times without adequately respecting
the framework laid out in the UN Guiding Principles on Business and Human Rights including
conducting human rights due diligence. Even after the 2017 atrocities against the Rohingya, inOctober 2019 State Counsellor Aung San Suu Kyi visited Japan to promote investment andbusiness opportunities at a conference sponsored by the foreign ministry among others.
Japan has significant political and economic influence in Myanmar, as it is a major donor. As of2017 (the most recent figures available), Japan has provided more than a total of 1 trillion yen(US$9.5 billion) in loan assistance, and more than 300 billion yen (US$ 2.8 million) in grant aid,
and 88 billion yen (US$834,000) in technical assistance. By 2017, Japan ranked first among
member countries and institutions of the OECD’s development cooperation directorate.
Japan suspended economic assistance to Myanmar after the military took power in 1988. Afterthe release of Aung San Suu Kyi and other “positive moves,” in 1995 Japan “decided to consider
and implement suspended ongoing projects and projects that would directly benefit the peopleof Myanmar by addressing their basic human needs, on a case-by-case basis meanwhile
monitoring democratization and the improvement of human rights.” However, Japansuspended large-scale aid to the government once again after Suu Kyi was placed under housearrest in 2003. From April 2012, the Japanese government resumed its economic cooperation
scheme, which now includes loans. When Aung San Suu Kyi visited Japan in November 2016,
Japan announced its public and private sectors would “contribute” 800 billion yen (US$7.6billion) to Myanmar over a five-year period.
In 2019 the United Nations-backed Fact-Finding Mission on Myanmar concluded that “anyforeign business activity” involving Myanmar’s military and its conglomerates Myanmar

Economic Holdings Ltd. (MEHL) and Myanmar Economic Corporation (MEC) pose “a high risk ofcontributing to or being linked to, violations of human rights law and international
humanitarian law. At a minimum, these foreign companies are contributing to supporting theTatmadaw’s financial capacity.” The Fact-Finding Mission advocated the “financial isolation” ofthe military to deter violations of international human rights and humanitarian law.
Recommendations for the Japanese Government
Working with other governments, we urge the Japanese government to use the tools at its
disposal to pressure the junta to reverse the coup and restore the democratically elected
government.
We welcome Japan’s request for the release of those arbitrarily detained by the Myanmar
military, its recognition of the situation in Myanmar as a coup, as well as its participation in theG7 statement. As recognized by Japan’s foreign minister and his G7 counterparts, the coup
represents a grave threat to “the people of Myanmar who want to see a democratic future.”
The destruction of Myanmar’s fragile democracy demands a global response that includes thefull support of Japan. Japan is well-placed to use its influence to work with other concerned
governments toward the restoration of Myanmar’s democratically elected leaders and theprotection of the rights of its people.
Specifically, we recommend that the Japanese government:•••

Continue to call for the unconditional release of all those arbitrarily detained and therestoration of democratic institutions and the lower and upper houses of parliament
democratically elected by the people of Myanmar in November 2020. Failure to urgently
reverse the repressive measures since February 1 should trigger coordinated escalationsof sanctions.
Engage its embassies and offices and offer any and all diplomatic support and protection
to people at risk from persecution (including where necessary by providing safe havenat embassies), and facilitating entry for asylum or temporary refuge.
Participate in the coordination and execution of multilateral actions involving concerned
governments, including targeted economic sanctions on the military itself, itsleadership, and its vast economic holdings, which provide the military with a major
source of its revenue, as well as embargoes on military arms and equipment. In
particular, such sanctions should target:
o The leadership of the Myanmar military;o All members of the cabinet and State Administrative Council who are current orformer officers in the military;o Myanmar Economic Holdings Limited (MEHL) and Myanmar Economic
Corporation (MEC);o All MEC and MEHL subsidiaries;o All directors and senior leadership of MEC, MEHL, and its subsidiaries; ando Blocking travel and banking in Japan of sanctioned personnel.

••••Assist Japanese companies with direct or indirect ties to the Myanmar military interminating their business relationships responsibly, urgently prioritizing key extractive
ventures in oil, gas, timber, and jade and gemstones.
Trigger human rights-based conditionality enshrined in its Official Development
Assistance programs and charter, which stipulates that “Japan will pay adequate
attention to the situation in the recipient countries regarding the process ofdemocratization, the rule of law and the protection of basic human rights, with a view topromoting the consolidation of democratization, the rule of law and the respect forbasic human rights.” Humanitarian aid should be maintained and even increased wherenecessary, but development aid should be reviewed to ensure it is not delivered via theMyanmar government. Japanese aid should be directed only towards basic humanneeds and where possible delivered through independent civil society organizations.
Support immediate imposition of a global arms embargo on the Tatmadaw, and demand
governments providing arms and materiel to Myanmar to immediately halt suchactivities.
Support efforts at the UN Human Rights Council and elsewhere to support themonitoring of the rights crisis in Myanmar and enhanced regular reporting on thehuman rights situation to the council and other relevant bodies.

Thank you for your consideration and we look forward to discussing these matters further withyour staff.
Sincerely,
Human Rights Now
Human Rights Watch
Japan International Volunteer Center
Japan NGO Action Network for Civic Space
Justice For Myanmar