The United States has criticized Burma's Supreme Court for not releasing Nobel laureate Aung San Suu Kyi.
The court rejected her appeal asking to be freed from house arrest.
A State Department official says Washington condemns the Supreme Court's decision.
He says Aung San Suu Kyi is being held under house arrest for purely political reasons.
Suu Kyi's lawyer Nyan Win, who was barred from the courtroom, says he plans to lodge an appeal against the decision.
UN chief Ban Ki-moon expressed disappointment over the court's decision.
Tags:burmaunited-statesworld-politicslaw-crime-and-justicecourts-and-trials
http://www.radioaustralianews.net.au/stories/201003/2832909.htm?desktop
Monday, 1 March 2010
Friday, 26 February 2010
Burmese opposition leader Aung San Suu Kyi loses appeal
The Burmese opposition leader Aung San Suu Kyi failed in her latest bid to end more than a decade of house arrest today after the country's highest court threw out an appeal against her sentence.
The supreme court's decision was widely expected but her lawyer said he would launch a final special appeal to the supreme court after establishing the reasons why the latest attempt had been rejected. "The court order did not mention any reasons," he said.
The British ambassador Andrew Heyn attended the court session along with diplomats from Australia, France and the US.
"Although the decision comes as no surprise, it is deeply disappointing," he said. "We continue to believe that [Aung San Suu Kyi] should be released immediately, along with the other 2,000 and more prisoners of conscience." The French ambassador Jean-Pierre Lafosse said the 64-year-old democracy leader was "the victim of a sham trial".
Aung San Suu Kyi's lawyers appealed to the court last November, a month after a lower court upheld a decision to sentence her to 18 months of house arrest. She was convicted last August of violating the terms of her previous detention by briefly sheltering an American, John Yettaw who swam uninvited to her lakeside compound.
She was initially sentenced to three years in prison with hard labour in a trial that drew global condemnation, but the sentence was immediately commuted to 18 months of house arrest by junta chief Senior General Than Shwe.
Aung San Suu Kyi has been detained for 14 years. Her National League for Democracy won elections in 1990 by a landslide, but the military, which has ruled Burma since 1962, refused to cede power.
The junta has announced it would hold elections some time this year under a constitution that would allow the military to maintain substantial power. Aung San Suu Kyi's party has not announced whether it will contest the elections.
The court ruling also denied freedom to two female companions who share Suu Kyi's house arrest.
Burma has been widely criticised for its continued violation of human rights, including atrocities committed by its military against minority ethnic groups. Human rights campaigners say the junta holds 2,100 political prisoners.
Tin Oo, the 82-year-old deputy leader of Aung San Suu Kyi's party was released less than two weeks ago after nearly seven years in detention. On his release he said he was very hopeful Aung San Suu Kyi would also soon be freed.
Aung Din, executive director of the US Campaign for Burma lobby group condemned the Burmese judiciary system as "part of the regime's oppressive mechanism". "The only way to make the release [of Aung San Suu Kyi] and all political prisoners in Burma is to keep putting maximum pressure on Than Shwe and his cronies until they feel the heat," he said.
http://www.guardian.co.uk/world/2010/feb/26/aung-san-suu-kyi-loses-appeal
The supreme court's decision was widely expected but her lawyer said he would launch a final special appeal to the supreme court after establishing the reasons why the latest attempt had been rejected. "The court order did not mention any reasons," he said.
The British ambassador Andrew Heyn attended the court session along with diplomats from Australia, France and the US.
"Although the decision comes as no surprise, it is deeply disappointing," he said. "We continue to believe that [Aung San Suu Kyi] should be released immediately, along with the other 2,000 and more prisoners of conscience." The French ambassador Jean-Pierre Lafosse said the 64-year-old democracy leader was "the victim of a sham trial".
Aung San Suu Kyi's lawyers appealed to the court last November, a month after a lower court upheld a decision to sentence her to 18 months of house arrest. She was convicted last August of violating the terms of her previous detention by briefly sheltering an American, John Yettaw who swam uninvited to her lakeside compound.
She was initially sentenced to three years in prison with hard labour in a trial that drew global condemnation, but the sentence was immediately commuted to 18 months of house arrest by junta chief Senior General Than Shwe.
Aung San Suu Kyi has been detained for 14 years. Her National League for Democracy won elections in 1990 by a landslide, but the military, which has ruled Burma since 1962, refused to cede power.
The junta has announced it would hold elections some time this year under a constitution that would allow the military to maintain substantial power. Aung San Suu Kyi's party has not announced whether it will contest the elections.
The court ruling also denied freedom to two female companions who share Suu Kyi's house arrest.
Burma has been widely criticised for its continued violation of human rights, including atrocities committed by its military against minority ethnic groups. Human rights campaigners say the junta holds 2,100 political prisoners.
Tin Oo, the 82-year-old deputy leader of Aung San Suu Kyi's party was released less than two weeks ago after nearly seven years in detention. On his release he said he was very hopeful Aung San Suu Kyi would also soon be freed.
Aung Din, executive director of the US Campaign for Burma lobby group condemned the Burmese judiciary system as "part of the regime's oppressive mechanism". "The only way to make the release [of Aung San Suu Kyi] and all political prisoners in Burma is to keep putting maximum pressure on Than Shwe and his cronies until they feel the heat," he said.
http://www.guardian.co.uk/world/2010/feb/26/aung-san-suu-kyi-loses-appeal
Thursday, 25 February 2010
Media persona oppfordret til å delta i pro-demokrati bevegelsen
Media persona oppfordret til å delta i pro-demokrati bevegelsen
Torsdag 25 februar 2010 13:03 Kyaw Kha
Chiang Mai (Mizzima) - Media person både hjemme og i utlandet, har vært oppfordret til å delta i pro-demokrati kamp i Burma, av veteran journalist Ludu Sein Win og regissør Win Pe.
I en video kommuniké sendt til Burma Media konferansen blir holdt i det nordlige Thailand fra 24. februar sa Ludu Sein Win, «The medias mål er sammenflettet med årsaken til demokrati og frihet i landet vårt. Så jeg vil be dere alle å stå sammen og være til gjensidig hjelp og samarbeid til du når ditt mål.
Ludu Sein Win hyllet medier personer under angrep av disse motstridende og motsette seg rett sak og sannheten, fordi de er på siden av folket og landet.
Berømt forfatter og filmregissør Vinn Pe sa i sin melding om at militærregimet ikke hadde bare tatt den utøvende, lovgivende og dømmende søyler av militær makt, men hadde også tatt den fjerde pilaren - media.
"Det viktigste er den fjerde pilar - media. Det er ikke bare forstyrrer og poking sin nese i media, gjenstår det faktum at mediene ikke eksisterer i Burma i det hele tatt, sier han.
"Jeg ønsker i dag ved denne anledningen at du kan gjøre ditt ytterste for å være medlemmer av media for fremgang, goodwill, sikkerhet og frihet i vårt land - Union of Burma," Vinn Pe sa.
Burma Media Conference er i tre dager og blir besøkt av nyhetsbyråer i inn og utland, politikere, bloggere og frivillige organisasjoner, sto for over 100 personer.
Torsdag 25 februar 2010 13:03 Kyaw Kha
Chiang Mai (Mizzima) - Media person både hjemme og i utlandet, har vært oppfordret til å delta i pro-demokrati kamp i Burma, av veteran journalist Ludu Sein Win og regissør Win Pe.
I en video kommuniké sendt til Burma Media konferansen blir holdt i det nordlige Thailand fra 24. februar sa Ludu Sein Win, «The medias mål er sammenflettet med årsaken til demokrati og frihet i landet vårt. Så jeg vil be dere alle å stå sammen og være til gjensidig hjelp og samarbeid til du når ditt mål.
Ludu Sein Win hyllet medier personer under angrep av disse motstridende og motsette seg rett sak og sannheten, fordi de er på siden av folket og landet.
Berømt forfatter og filmregissør Vinn Pe sa i sin melding om at militærregimet ikke hadde bare tatt den utøvende, lovgivende og dømmende søyler av militær makt, men hadde også tatt den fjerde pilaren - media.
"Det viktigste er den fjerde pilar - media. Det er ikke bare forstyrrer og poking sin nese i media, gjenstår det faktum at mediene ikke eksisterer i Burma i det hele tatt, sier han.
"Jeg ønsker i dag ved denne anledningen at du kan gjøre ditt ytterste for å være medlemmer av media for fremgang, goodwill, sikkerhet og frihet i vårt land - Union of Burma," Vinn Pe sa.
Burma Media Conference er i tre dager og blir besøkt av nyhetsbyråer i inn og utland, politikere, bloggere og frivillige organisasjoner, sto for over 100 personer.
Wednesday, 24 February 2010
Burmas politiske tiltaler undergrave valget
Burmas politiske tiltaler undergrave valget
Fengslingen av Naw ohn Hla og tre andre tiltrakk viss interesse i utlandet blant annet fordi det falt sammen med et besøk til Burma av FNs spesialrapportør på menneskerettigheter i landet, Tomas Ojea Quintana. Det utsending har rette lagt vekt på at et valg planlagt for sent på året, vil ikke bli tatt seriøst i utlandet med mindre alle samvittighetsfanger blir frigjort.
Men måten tilfeller av politisk fengsling er gjennomført i Burma understreker vanskelighetene som det globale samfunnet står overfor i å dokumentere og adressering deres forekomst. Samme uke som Naw ohn Hla ble fengslet, det asiatiske Human Rights Commission utstedt en appell på nye anklager mot Ma Sandar, som ble sluppet like i september i fjor etter å ha sonet en dom som ble konstruert av hennes klage på korrupte rådgivere. Den nye saken mot henne er under samme delene av loven og før den samme dommeren; resultatet også vil trolig være det samme. Uken før, utstedt Kommisjonen en appell for Dr. Wint to og åtte andre, som Special Branch politiet ulovlig arrestert og holdt incommunicado i nesten tre måneder. I desember en domstol ga dem fengsel inntil 71 år for angivelig planla å minne om munken-ledede opprøret i 2007. Aktor er bevis besto av tilståelser som ble utvunnet gjennom politiets tortur.
Den stadige bevegelsen av fanger til og fra Burmas fengsler på kostnader som har lite eller ingenting å gjøre med de virkelige årsakene til deres varetekt, og enda mindre å gjøre med standarden på loven at domstolene later til å håndheve gjør spore sine saker og forstå deres mekanikere heltids jobb. Ikke før er personer som Ma Sandar eller Naw ohn Hla la ut enn de eller andre er rearrested og siktet for nye lovbrudd. Det er ingen feier netting hundrevis eller tusenvis av dissidenter som kan fange overskrifter utenlands. Det finnes heller ingen masse utgivelser: amnesties frigjøre plass til nye innsatte, og omfatter typisk få politiske fanger, hvorav mange er nær slutten på deres premisser allikevel. I stedet er det bare en daglig passerer frem og tilbake gjennom den straffbare turnstiles. Det er bare meningsløst påførte av meningsløse straffer på folk som Naw ohn Hla, Ma Sandar og Dr. Wint to, som er dømt for dagligdagse handlinger som i de fleste andre deler av verden ikke ville excite offisielle interesse, enn si tiltrekke strafferettslige sanksjoner. Det er bare grusom banaliteter av et diktatur som institusjoner for politisk og sosial kontroll er ikke til å forsvinne på grunn av et valg. "
Synspunktene i Jurist's Hotline er ansvaret for sine forfattere, og ikke nødvendigvis gjenspeiler synspunktene til jurist redaktører, ansatte eller University of Pittsburgh.
Article link: http://jurist.law.pitt.edu/hotline/ # 6831235426040960095
Om AHRC: The Asian Human Rights Commission er et regionalt frivillige organisasjon overvåking og lobbyvirksomhet menneskerettigheter i Asia. Det Hong Kong-baserte gruppen ble grunnlagt i 1984. Ovennevnte utsagn har bare blitt videresendt av AHRC.
http://www.scoop.co.nz/stories/WO1002/S00548.htm
Fengslingen av Naw ohn Hla og tre andre tiltrakk viss interesse i utlandet blant annet fordi det falt sammen med et besøk til Burma av FNs spesialrapportør på menneskerettigheter i landet, Tomas Ojea Quintana. Det utsending har rette lagt vekt på at et valg planlagt for sent på året, vil ikke bli tatt seriøst i utlandet med mindre alle samvittighetsfanger blir frigjort.
Men måten tilfeller av politisk fengsling er gjennomført i Burma understreker vanskelighetene som det globale samfunnet står overfor i å dokumentere og adressering deres forekomst. Samme uke som Naw ohn Hla ble fengslet, det asiatiske Human Rights Commission utstedt en appell på nye anklager mot Ma Sandar, som ble sluppet like i september i fjor etter å ha sonet en dom som ble konstruert av hennes klage på korrupte rådgivere. Den nye saken mot henne er under samme delene av loven og før den samme dommeren; resultatet også vil trolig være det samme. Uken før, utstedt Kommisjonen en appell for Dr. Wint to og åtte andre, som Special Branch politiet ulovlig arrestert og holdt incommunicado i nesten tre måneder. I desember en domstol ga dem fengsel inntil 71 år for angivelig planla å minne om munken-ledede opprøret i 2007. Aktor er bevis besto av tilståelser som ble utvunnet gjennom politiets tortur.
Den stadige bevegelsen av fanger til og fra Burmas fengsler på kostnader som har lite eller ingenting å gjøre med de virkelige årsakene til deres varetekt, og enda mindre å gjøre med standarden på loven at domstolene later til å håndheve gjør spore sine saker og forstå deres mekanikere heltids jobb. Ikke før er personer som Ma Sandar eller Naw ohn Hla la ut enn de eller andre er rearrested og siktet for nye lovbrudd. Det er ingen feier netting hundrevis eller tusenvis av dissidenter som kan fange overskrifter utenlands. Det finnes heller ingen masse utgivelser: amnesties frigjøre plass til nye innsatte, og omfatter typisk få politiske fanger, hvorav mange er nær slutten på deres premisser allikevel. I stedet er det bare en daglig passerer frem og tilbake gjennom den straffbare turnstiles. Det er bare meningsløst påførte av meningsløse straffer på folk som Naw ohn Hla, Ma Sandar og Dr. Wint to, som er dømt for dagligdagse handlinger som i de fleste andre deler av verden ikke ville excite offisielle interesse, enn si tiltrekke strafferettslige sanksjoner. Det er bare grusom banaliteter av et diktatur som institusjoner for politisk og sosial kontroll er ikke til å forsvinne på grunn av et valg. "
Synspunktene i Jurist's Hotline er ansvaret for sine forfattere, og ikke nødvendigvis gjenspeiler synspunktene til jurist redaktører, ansatte eller University of Pittsburgh.
Article link: http://jurist.law.pitt.edu/hotline/ # 6831235426040960095
Om AHRC: The Asian Human Rights Commission er et regionalt frivillige organisasjon overvåking og lobbyvirksomhet menneskerettigheter i Asia. Det Hong Kong-baserte gruppen ble grunnlagt i 1984. Ovennevnte utsagn har bare blitt videresendt av AHRC.
http://www.scoop.co.nz/stories/WO1002/S00548.htm
Burma's youth rapping for change
This year looks set to be a crucial one for Burma.
The military government plans to stage the first elections for 20 years and international attention is likely to be focused on the detained pro democracy leader Aung San Suu Kyi.
But there is another group working to bring about change in Burma whose methods are less conventional.
Generation Wave is a group of hip hop-loving, young Burmese, dedicated to overthrowing the military government.
Their campaigns are run inside Burma, but the group has a safe house in the town of Mae Sot, just across the border in Thailand.
9KT has a mischievous grin, a warm handshake and an unmistakable aura of cool.
He is 27 years old and, clearly, 9KT is not his real name.
The members of Generation Wave never use their real names in public.
Music is the only language everyone understands
9KT
But given 9KT's role in the organisation, the alias fits perfectly. His official title is head of artistic projects but essentially he is Rapper-in-Chief.
9KT's latest brainchild is a CD featuring songs written and performed by Generation Wave members.
I was treated to an acoustic medley when I visited the group's safe house in the Thai border town of Mae Sot.
The singing was full of passion. But the guitar was badly out of tune, and the cigarettes and teeth-staining red beetle nuts being chewed intermittently softened the impact a bit.
Serious risks
Generation Wave "unplugged" is not likely to win any Grammys. More importantly, it is not likely to inspire an uprising.
But the group is hoping the recorded version, a mixture of hip hop, rock and pop, will be an underground hit back in Burma.
The CD will be distributed by volunteer activists and 9KT is clearly very proud of it.
The frontier town of Mae Sot is full of people from Burma
"Music is the only language everyone understands," he told me.
"We've recorded different types of songs so everyone, whatever their age or gender, can listen to it and know what's right and what's wrong."
Generation Wave wants to encourage the Burmese people to rise up and overthrow the military government.
That may seem like a naïve notion. But the organisation grew out of what became known as the saffron revolution - the 2007 protests led by saffron robed monks, which were violently put down by the Burmese military.
So Generation Wave is grounded in harsh reality.
The group has a strict policy of non violence. No-one under 17 or over 35 years old can join and anyone who does sign up must officially live in Burma and be prepared to take risks. Serious risks.
About 30 Generation Wave members have been imprisoned.
So the safe house, just across the border in Thailand, is an important refuge.
It is in a quiet lane in Mae Sot, a frontier town with at least as many Burmese as Thais living in it.
The transient population is a mixture of migrant workers, traders and political exiles.
The Generation Wave house is a place to plot and scheme, and learn.
The Burmese people are like the boxer's right hand. They are the ones who can deliver the knock out blow
Gali
The garage has been turned into a permanent classroom, complete with a white board, overhead projector, desks and laptops.
Visiting speakers are invited to provide training on everything from leafleting to graffiti designs.
The concrete walls surrounding the house are covered in brightly coloured spray painted slogans.
The Generation Wave logo, a clenched red fist with the thumb pointing up, features heavily.
When I visited a special tutorial on internet security was being given by a young, long-haired, Thai media expert. There was a lot of talk about Googlemail contacts lists, and Facebook privacy settings and encrypted messages.
Or at least I think that is what it was. The session was being translated from Thai-accented English into Burmese, though to be honest, a lot of it would have been impenetrable to me in any language.
Revolution
But for Generation Wave members, learning to cover your tracks and protect your sources is a matter of survival.
Internet cafes, mobile phones and e-mail accounts are monitored closely in Burma.
Over lunch the talk turned inevitably to the latest news from across the border.
Bright graffiti slogans cover the walls of the Generation Wave house
Kitchen duties and menus are divided between the housemates according to a rota pinned up on the wall.
As bowls of Burmese chicken curry and steamed rice were placed on the long wooden table, an earnest 24-year-old called Gali was engaged in what seemed to be a intense political discussion with a slightly older man who had been acting as the translator in class.
I could make out the words "constitution" and "Than Shwe", the name of Burma's military leader.
Gali, another alias, is Generation Wave's logistics man.
Given the might of the Burmese military, I asked him, what could he and his group really do to bring about change?
"We're like the left hand of a boxer," he told me.
"Generation Wave can soften up the government. But the Burmese people are like the boxer's right hand. They are the ones who can deliver the knock-out blow."
Generation Wave is punching well above its weight.
The group's ultimate goal is to inspire a revolution. And with an election scheduled in Burma sometime this year, they are planning a series of new ventures, including, of course, the CD.
My own copy is playing on my laptop as I write this. 9KT rapping over a lyrical riff about the need for the Burmese people to get up.
A musical reminder of a day spent with a group of young rebels with a very real cause - freedom and democracy in their homeland.
The military government plans to stage the first elections for 20 years and international attention is likely to be focused on the detained pro democracy leader Aung San Suu Kyi.
But there is another group working to bring about change in Burma whose methods are less conventional.
Generation Wave is a group of hip hop-loving, young Burmese, dedicated to overthrowing the military government.
Their campaigns are run inside Burma, but the group has a safe house in the town of Mae Sot, just across the border in Thailand.
9KT has a mischievous grin, a warm handshake and an unmistakable aura of cool.
He is 27 years old and, clearly, 9KT is not his real name.
The members of Generation Wave never use their real names in public.
Music is the only language everyone understands
9KT
But given 9KT's role in the organisation, the alias fits perfectly. His official title is head of artistic projects but essentially he is Rapper-in-Chief.
9KT's latest brainchild is a CD featuring songs written and performed by Generation Wave members.
I was treated to an acoustic medley when I visited the group's safe house in the Thai border town of Mae Sot.
The singing was full of passion. But the guitar was badly out of tune, and the cigarettes and teeth-staining red beetle nuts being chewed intermittently softened the impact a bit.
Serious risks
Generation Wave "unplugged" is not likely to win any Grammys. More importantly, it is not likely to inspire an uprising.
But the group is hoping the recorded version, a mixture of hip hop, rock and pop, will be an underground hit back in Burma.
The CD will be distributed by volunteer activists and 9KT is clearly very proud of it.
The frontier town of Mae Sot is full of people from Burma
"Music is the only language everyone understands," he told me.
"We've recorded different types of songs so everyone, whatever their age or gender, can listen to it and know what's right and what's wrong."
Generation Wave wants to encourage the Burmese people to rise up and overthrow the military government.
That may seem like a naïve notion. But the organisation grew out of what became known as the saffron revolution - the 2007 protests led by saffron robed monks, which were violently put down by the Burmese military.
So Generation Wave is grounded in harsh reality.
The group has a strict policy of non violence. No-one under 17 or over 35 years old can join and anyone who does sign up must officially live in Burma and be prepared to take risks. Serious risks.
About 30 Generation Wave members have been imprisoned.
So the safe house, just across the border in Thailand, is an important refuge.
It is in a quiet lane in Mae Sot, a frontier town with at least as many Burmese as Thais living in it.
The transient population is a mixture of migrant workers, traders and political exiles.
The Generation Wave house is a place to plot and scheme, and learn.
The Burmese people are like the boxer's right hand. They are the ones who can deliver the knock out blow
Gali
The garage has been turned into a permanent classroom, complete with a white board, overhead projector, desks and laptops.
Visiting speakers are invited to provide training on everything from leafleting to graffiti designs.
The concrete walls surrounding the house are covered in brightly coloured spray painted slogans.
The Generation Wave logo, a clenched red fist with the thumb pointing up, features heavily.
When I visited a special tutorial on internet security was being given by a young, long-haired, Thai media expert. There was a lot of talk about Googlemail contacts lists, and Facebook privacy settings and encrypted messages.
Or at least I think that is what it was. The session was being translated from Thai-accented English into Burmese, though to be honest, a lot of it would have been impenetrable to me in any language.
Revolution
But for Generation Wave members, learning to cover your tracks and protect your sources is a matter of survival.
Internet cafes, mobile phones and e-mail accounts are monitored closely in Burma.
Over lunch the talk turned inevitably to the latest news from across the border.
Bright graffiti slogans cover the walls of the Generation Wave house
Kitchen duties and menus are divided between the housemates according to a rota pinned up on the wall.
As bowls of Burmese chicken curry and steamed rice were placed on the long wooden table, an earnest 24-year-old called Gali was engaged in what seemed to be a intense political discussion with a slightly older man who had been acting as the translator in class.
I could make out the words "constitution" and "Than Shwe", the name of Burma's military leader.
Gali, another alias, is Generation Wave's logistics man.
Given the might of the Burmese military, I asked him, what could he and his group really do to bring about change?
"We're like the left hand of a boxer," he told me.
"Generation Wave can soften up the government. But the Burmese people are like the boxer's right hand. They are the ones who can deliver the knock-out blow."
Generation Wave is punching well above its weight.
The group's ultimate goal is to inspire a revolution. And with an election scheduled in Burma sometime this year, they are planning a series of new ventures, including, of course, the CD.
My own copy is playing on my laptop as I write this. 9KT rapping over a lyrical riff about the need for the Burmese people to get up.
A musical reminder of a day spent with a group of young rebels with a very real cause - freedom and democracy in their homeland.
Tuesday, 23 February 2010
The 2010 General Election: A discourse on civil and constitutional rights in BurmaShare
The 2010 General Election: A discourse on civil and constitutional rights in BurmaShare
Today at 14:58
Mon 15 Feb 2010, Banya Hong Sar, Canberra
Governmental elections are the foundation of democracy and government in modern world politics. The foundation of a nation is in its upholding of a constitution that guarantees civil and political rights for its citizens. Each clause of the constitution must guarantee these rights to all citizens. Burma’s 2010 new general elections will test these perspectives. The 12th of February is marked as “Union Day” in Burma, symbolizing unity among ethnicities or unity in diversity. This symbolization does not yet match with reality in the country of Burma, where civil wars and political conflicts between ethnic groups are deeply rooted in the history of the past sixty years.
Burma has failed to uphold the constitutional, civil, and political rights of its people, and thus its foundation as a nation, since the day after the country received independence in 1948. Imbalances of power between the central government and ethnic-based state authorities have been the seed of conflicts for over half the 20th century. The Mon, Karen, Shan, Chin, Kachin, Kayeh and other ethnic people fought for constitutional rights until 1960 but the Burman-dominated government denied them “State Constitutional Rights” in both the 1947 and 1973 new constitutions. The ethnic leaders have had no other means to gain rights besides forming armed military units, to wage civil war for the right of self determination under the Burmese constitution since that time. The battle is not yet over.
The new constitution amended by a forced referendum in May 2008 was another attempt by the government of Burma, led by the military junta, to control all constitutional power over Burma’s seven ethnic States. A 194 paged document containing all the clauses in the articles of the constitution left little space for ethnic people and states to hold constitutional power. In fact, the new constitution was based on a “unitary union” desired by the military junta, rather than the “federal union” demanded by the ethnic political leaders.
The New Mon State Party (NMSP), the principal ethnic political organization of Mon State and its people, has repeatedly urged the State Peace and Development Council, the current military junta, to redraft and have a proper debate about new constitution on several occasions. However, the military junta has rejected having a public debate on redrafting the new constitution. The Mon leaders finally rejected the constitution, and also refused to form a “Border Guard Force” of its military battalions. Tension between the SPDC and NMSP leaders both politically and militarily, has been intense for some months in Mon State. Consequently, the military junta used its power to charge a young Mon monk Buddhist teacher, and democracy activist, for possessing a laptop that contained some files protesting the new 2010 elections. The police detained and tortured him last month, and he is now in a prison cell without legal access.
Unless the military junta agrees to allow opposition parties, non-Burman State leaders’ demand for a public debate and redrafting of the constitution, the new election will be a joke. If the military junta forces all of Burma’s citizens to vote for its handpicked candidates in the upcoming elections, and the world accepts the outcome, Burma will continue to be dominated by a military government. The Burmese military junta is using every avenue and all its power to force all ethnic groups’ military battalions to form “Border Guard Forces” under the legal framework and control of the Burma Armed Force. Many ethnic leaders have rejected this invitation.
Mon State’s principle ethnic political party, the New Mon State Party, and its armed wing, the Mon National Liberation Army, have been asking Mon people at home and around the world to review the new constitution, seeking to know whether it contains the Mon peoples’ interests. Over thirty civil society groups in Mon State ran an anti- election campaign by releasing traditional “Fire Balloons” in mid 2009. The military junta got angry about the campaign, and cracked down on all leading civil rights groups in Mon State. Consequently, the Mon music and language groups are under a surveillance.
Burma has been moving down the road to democracy for over twenty years. However, the new constitution does not guarantee civil and constitutional rights for the country’s citizens. Burma’s citizens call for support from the world’s democratic leaders, asking them to pressure the current military junta to grant greater political dialogue and participation within the country. This call has been ignored for years.
Burma’s “Union Day” is meaningless unless “unity in diversity” is truly accepted by Burma’s society. The survival of Burma rests on a guarantee of constitutional rights for all its citizens, and especially for the rights of Burma’s seven ethnic states. Either pro-engagement or anti- engagement with Burma’s junta will not made any difference unless the new 2008 constitution publicly debated by all citizens. The world’s leaders must support Burma’s citizens at home and around the world by encouraging public debate on the new constitution, for the best interests of the Burmese nation. Members of democratic nations like Australia, British and USA should train constitutional lawyers in Burma.
Elections are the foundation of a modern democratic government. But, the new election sponsored by the military junta is but a bandage placed atop the political injuries of the last half century. The forcibly amended new constitution must be destroyed, and a “Federal Union” model must be drafted with allowances for equal representation for all the country’s citizens in 2010. This new model should be examined by constitutional experts from the UN, USA and other nations, with collaboration from a “Burmese Constitutional Drafting Committee that can be set up at the National Convention.
Burma is heading down a long road to democracy. Drafting the best model of a constitution, with equal representation from all ethnic representatives, the National League for Democracy, including Aung San Suu Kyi, and even representation from the current military junta, is a correct approach to solving Burma’s political crisis. A sixty day long National Convention should be held, to debate this new model of the constitution. Burma’s citizens and a constitutional technical assistance group must be given at least one hundred days for comments and debate. The new federal election should be held in late 2011 or early 2012, and then afterwards state elections should be held in due time.
Civil war is not the way to achieve political goals. Placing military rule over the nation is wrong. Neither civil war nor military rule can change Burma into a democratic nation. Constitutional reform, that guarantees constitutional rights to all citizens and all of Burma’s ethnic sates, is the best approach to the crisis. Union Day is about both unity in diversity and unity in purpose.
Today at 14:58
Mon 15 Feb 2010, Banya Hong Sar, Canberra
Governmental elections are the foundation of democracy and government in modern world politics. The foundation of a nation is in its upholding of a constitution that guarantees civil and political rights for its citizens. Each clause of the constitution must guarantee these rights to all citizens. Burma’s 2010 new general elections will test these perspectives. The 12th of February is marked as “Union Day” in Burma, symbolizing unity among ethnicities or unity in diversity. This symbolization does not yet match with reality in the country of Burma, where civil wars and political conflicts between ethnic groups are deeply rooted in the history of the past sixty years.
Burma has failed to uphold the constitutional, civil, and political rights of its people, and thus its foundation as a nation, since the day after the country received independence in 1948. Imbalances of power between the central government and ethnic-based state authorities have been the seed of conflicts for over half the 20th century. The Mon, Karen, Shan, Chin, Kachin, Kayeh and other ethnic people fought for constitutional rights until 1960 but the Burman-dominated government denied them “State Constitutional Rights” in both the 1947 and 1973 new constitutions. The ethnic leaders have had no other means to gain rights besides forming armed military units, to wage civil war for the right of self determination under the Burmese constitution since that time. The battle is not yet over.
The new constitution amended by a forced referendum in May 2008 was another attempt by the government of Burma, led by the military junta, to control all constitutional power over Burma’s seven ethnic States. A 194 paged document containing all the clauses in the articles of the constitution left little space for ethnic people and states to hold constitutional power. In fact, the new constitution was based on a “unitary union” desired by the military junta, rather than the “federal union” demanded by the ethnic political leaders.
The New Mon State Party (NMSP), the principal ethnic political organization of Mon State and its people, has repeatedly urged the State Peace and Development Council, the current military junta, to redraft and have a proper debate about new constitution on several occasions. However, the military junta has rejected having a public debate on redrafting the new constitution. The Mon leaders finally rejected the constitution, and also refused to form a “Border Guard Force” of its military battalions. Tension between the SPDC and NMSP leaders both politically and militarily, has been intense for some months in Mon State. Consequently, the military junta used its power to charge a young Mon monk Buddhist teacher, and democracy activist, for possessing a laptop that contained some files protesting the new 2010 elections. The police detained and tortured him last month, and he is now in a prison cell without legal access.
Unless the military junta agrees to allow opposition parties, non-Burman State leaders’ demand for a public debate and redrafting of the constitution, the new election will be a joke. If the military junta forces all of Burma’s citizens to vote for its handpicked candidates in the upcoming elections, and the world accepts the outcome, Burma will continue to be dominated by a military government. The Burmese military junta is using every avenue and all its power to force all ethnic groups’ military battalions to form “Border Guard Forces” under the legal framework and control of the Burma Armed Force. Many ethnic leaders have rejected this invitation.
Mon State’s principle ethnic political party, the New Mon State Party, and its armed wing, the Mon National Liberation Army, have been asking Mon people at home and around the world to review the new constitution, seeking to know whether it contains the Mon peoples’ interests. Over thirty civil society groups in Mon State ran an anti- election campaign by releasing traditional “Fire Balloons” in mid 2009. The military junta got angry about the campaign, and cracked down on all leading civil rights groups in Mon State. Consequently, the Mon music and language groups are under a surveillance.
Burma has been moving down the road to democracy for over twenty years. However, the new constitution does not guarantee civil and constitutional rights for the country’s citizens. Burma’s citizens call for support from the world’s democratic leaders, asking them to pressure the current military junta to grant greater political dialogue and participation within the country. This call has been ignored for years.
Burma’s “Union Day” is meaningless unless “unity in diversity” is truly accepted by Burma’s society. The survival of Burma rests on a guarantee of constitutional rights for all its citizens, and especially for the rights of Burma’s seven ethnic states. Either pro-engagement or anti- engagement with Burma’s junta will not made any difference unless the new 2008 constitution publicly debated by all citizens. The world’s leaders must support Burma’s citizens at home and around the world by encouraging public debate on the new constitution, for the best interests of the Burmese nation. Members of democratic nations like Australia, British and USA should train constitutional lawyers in Burma.
Elections are the foundation of a modern democratic government. But, the new election sponsored by the military junta is but a bandage placed atop the political injuries of the last half century. The forcibly amended new constitution must be destroyed, and a “Federal Union” model must be drafted with allowances for equal representation for all the country’s citizens in 2010. This new model should be examined by constitutional experts from the UN, USA and other nations, with collaboration from a “Burmese Constitutional Drafting Committee that can be set up at the National Convention.
Burma is heading down a long road to democracy. Drafting the best model of a constitution, with equal representation from all ethnic representatives, the National League for Democracy, including Aung San Suu Kyi, and even representation from the current military junta, is a correct approach to solving Burma’s political crisis. A sixty day long National Convention should be held, to debate this new model of the constitution. Burma’s citizens and a constitutional technical assistance group must be given at least one hundred days for comments and debate. The new federal election should be held in late 2011 or early 2012, and then afterwards state elections should be held in due time.
Civil war is not the way to achieve political goals. Placing military rule over the nation is wrong. Neither civil war nor military rule can change Burma into a democratic nation. Constitutional reform, that guarantees constitutional rights to all citizens and all of Burma’s ethnic sates, is the best approach to the crisis. Union Day is about both unity in diversity and unity in purpose.
Monday, 22 February 2010
Burma's political prosecution of dissidents undermines legitimacy of planned elections
Min Myat Kyaw [Member, Asian Human Rights Commission]: "The sentencing of four supporters of democracy party leader Daw Aung San Suu Kyi to two years' imprisonment last week is the latest instance of how courts in Burma (Myanmar) operate under the military regime there to defeat civil and political rights, without regard to the terms of the very laws that they purport to uphold.
The imprisonment of Naw Ohn Hla and three others attracted some interest abroad partly because it coincided with a visit to Burma by the UN Special Rapporteur on human rights in the country, Tomas Ojea Quintana. The envoy has rightly emphasized that an election scheduled for late in the year will not be taken seriously abroad unless all prisoners of conscience are freed.
But the manner in which cases of political imprisonment are conducted in Burma underscores the difficulties that the global community faces in documenting and addressing their incidence. The same week that Naw Ohn Hla was jailed, the Asian Human Rights Commission issued an appeal on new charges against Ma Sandar, who was released just last September after serving a sentence that was instigated by her complaints about corrupt councilors. The new case against her is under the same sections of law and before the same judge; the outcome too will probably be the same. The week before, the Commission issued an appeal for Dr. Wint Thu and eight others, whom Special Branch police illegally arrested and held incommunicado for nearly three months. In December a court handed them jail terms of up to 71 years for allegedly planning to commemorate the monk-led uprising of 2007. The prosecutor's evidence consisted of confessions that were extracted through police torture.
The constant movement of detainees to and from Burma's jails on charges that have little or nothing to do with the real reasons for their custody and even less to do with the standards of law that the courts pretend to enforce makes tracking their cases and understanding their mechanics a full time job. No sooner are persons like Ma Sandar or Naw Ohn Hla let out than they or others are rearrested and charged with new offences. There are no sweeps netting hundreds or thousands of dissidents that might grab headlines overseas. Nor are there any mass releases: amnesties free up space for new inmates, and typically include few political prisoners, many of whom are near to the end of their terms anyhow. Instead there is only a daily passing back and forth through the penal turnstiles. There is only the pointless inflicting of meaningless punishments on people like Naw Ohn Hla, Ma Sandar and Dr. Wint Thu, who are condemned for mundane acts that in most other parts of the world would not excite official interest, let alone attract criminal sanctions. There is only the cruel banality of a dictatorship whose institutions for political and social control are not going to go away on account of an election."
http://jurist.law.pitt.edu/hotline/2010/02/burmas-political-prosecution-of.php
The imprisonment of Naw Ohn Hla and three others attracted some interest abroad partly because it coincided with a visit to Burma by the UN Special Rapporteur on human rights in the country, Tomas Ojea Quintana. The envoy has rightly emphasized that an election scheduled for late in the year will not be taken seriously abroad unless all prisoners of conscience are freed.
But the manner in which cases of political imprisonment are conducted in Burma underscores the difficulties that the global community faces in documenting and addressing their incidence. The same week that Naw Ohn Hla was jailed, the Asian Human Rights Commission issued an appeal on new charges against Ma Sandar, who was released just last September after serving a sentence that was instigated by her complaints about corrupt councilors. The new case against her is under the same sections of law and before the same judge; the outcome too will probably be the same. The week before, the Commission issued an appeal for Dr. Wint Thu and eight others, whom Special Branch police illegally arrested and held incommunicado for nearly three months. In December a court handed them jail terms of up to 71 years for allegedly planning to commemorate the monk-led uprising of 2007. The prosecutor's evidence consisted of confessions that were extracted through police torture.
The constant movement of detainees to and from Burma's jails on charges that have little or nothing to do with the real reasons for their custody and even less to do with the standards of law that the courts pretend to enforce makes tracking their cases and understanding their mechanics a full time job. No sooner are persons like Ma Sandar or Naw Ohn Hla let out than they or others are rearrested and charged with new offences. There are no sweeps netting hundreds or thousands of dissidents that might grab headlines overseas. Nor are there any mass releases: amnesties free up space for new inmates, and typically include few political prisoners, many of whom are near to the end of their terms anyhow. Instead there is only a daily passing back and forth through the penal turnstiles. There is only the pointless inflicting of meaningless punishments on people like Naw Ohn Hla, Ma Sandar and Dr. Wint Thu, who are condemned for mundane acts that in most other parts of the world would not excite official interest, let alone attract criminal sanctions. There is only the cruel banality of a dictatorship whose institutions for political and social control are not going to go away on account of an election."
http://jurist.law.pitt.edu/hotline/2010/02/burmas-political-prosecution-of.php
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