intends to divest from their business in Myanmar given the increasing human rights risks; and whether they have conducted human rights due diligence on the provision of hosting services to the military junta. In their responses, the companies recalled that the agreement between KSGM and MPT was revised to reduce the scope of KSGM’s support. Yet the companies continue to maintain a commercial relationship with MPT despite its direct responsibility in serious human rights violations. The companies further noted they remain in a position to support MPT’s telecommunications operations. However, they asserted that KSGM does not have a capital relationship with, or participate in the joint operations of MPT, despite having a joint operation agreement. The companies also asserted that they are neither involved in nor in a position to have knowledge of, or comment on, the specific activities concerning surveillance products, and website provision referenced in your inquiry. The groups criticize this justification as inadequate. Even in the absence of a formal capital relationship, KSGM’s ongoing support for MPT and its operations risks contributing to adverse human rights impacts. MPT’s telecom infrastructure supports the junta’s ability to deploy surveillance systems and censorship tools, and KSGM’s continued support risks aiding and abetting the junta’s commission of international crimes. The groups further criticize the companies’ justification for maintaining their involvement on the basis of providing telecommunication networks for the people of Myanmar and a “mobile phone ecosystem which offers a competitive choice of provider.” Continuing business with MPT risks further sustaining infrastructure that is being used to commit serious human rights violations. Any efforts to engage MPT on human rights concerns appear to have failed, evidenced by MPT’s continued central role in the junta’s digital repression. Therefore, the organizations call on KDDI and Sumitomo to immediately and responsibly end their partnership with MPT and ensure their business activities do not contribute to or enable abuses by the Myanmar military junta. Justice For Myanmar spokesperson Yadanar Maung says: “MPT is a key part of the military’s digital architecture of control that is actively being used to surveil, arrest, torture and kill civilians. Sumitomo and KDDI’s continued partnership with MPT poses risks not only to the people of Myanmar, but also to the companies and investors through potential liability under international law for adverse impacts. They should immediately end their partnership with MPT and responsibly exit.” Yuka Kiguchi, Executive Director of Mekong Watch, says: “Having provided various technologies to MPT to date, KDDI and Sumitomo cannot evade their responsibility to protect human rights by citing the absence of a capital relationship. The two companies’ continued support of MPT while these human rights violations are taking place by the Myanmar military regime cannot be considered a fulfillment of their responsibility to protect human rights.”

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