Persecution of Muslims in Myanmar

Persecution of Muslims in Myanmar

Muslims in Burmese History

2 Anti-Muslim and anti-Indian Riots

    2.1 Anti-Indian Riots

3 Muslims under U Nu

4 Muslims under General Ne Win

5 Anti-Muslim Riots

6 Anti-Muslim Riots in Mandalay (1997)

7 Anti-Muslim Riots in Taungoo(2001)

8 Human rights violations against Rohingya minority

9 See also

10 References

11 External links

 

Muslims in Burmese History

The first Muslim killing recorded in Burmese history

The first Muslim documented in Burmese history (recorded in Hmannan Yazawin or Glass Palace Chronicle) was Byat Wi during the Mon, Thaton King reign. (It was at about 1050 AD). [1] He was killed because the king was worried about of his strength.

Shwe Byin brothers Martyred

The second two persons killed later were his nephews. The two sons of his brother Byat Ta, known as Shwe Byin brothers. These children were executed because they refused to obey the forced labour order of the king, may be because of their religious belief. [2][3]
They refused to contribute to the building of the pagoda and the king and people walking in the corridors of powers in the royal court were worried of their popularity and skills. It was clearly recorded in the Glass Palace Chronicle of the Kings of Burma that they were not trusted any more. [4]

Assassination of Nga Yaman Kan

Rahman Khan (Nga Yaman Kan) was another Muslim killed for political reason, because of treason to his own king and clearly not a religious persecution. It was during wartime, the famous national hero, King Kyansittha sent a hunter as a sniper to assassinate him. [5] [6]

Massacre in Arakan

Another mass killings of Muslims in Arakan may be not for the religion but likely to be due to politics and greed only.

Shah Shuja’ was the second son of the Mogul Emperor Shah Jahan who built the famous Taj Mahal of India. Shah Shuja’ lost to his brother and fled with his family and army in to Arakan.

Sandathudama (1652-1687 AD), Arakan King accepted and allow him to settle there. He wanted to continue to buy ships to go to Mecca and willing to pay with silver and gold. But Arakan king asked for his daughter and also became greedy to get all the wealth.

At last after an alleged unsuccessful attempt of rebellion the Sultan Shah Shuja’ and all his followers were killed.

All men seen with beard, the symbol of Islam, were beheaded.

Women were put into prison and let them die with hunger.

The massacre was targeted at Muslims refugees from India because of their religion, Islam  and for the economic or political reason.[7] [8] [9] [10] [11] [12]

Muslims under Bayintnaung

Muslims served under Burmese king Bayintnaung (1550-1589 AD). [13] In 1559 AD after conquering Bago (Pegu) he prohibited the Muslims from doing halal (killing by cutting the throat under the name of Allah) of goats and chicken. He showed some religious intolerance and had forced some of his subjects to listen to Buddhist sermons and some were even said to be converted by force. He also disallowed the Edil Adha, Kurbani sacrifice of cattle. [14]

Muslims under Alaungpaya

King Alaungpaya (1752-1760) prohibited Muslims to do halal on cattle. [15]

Bodawpaya

King Bodawpaya (1782-1819) arrested four famous Myanmar Muslims Moulvis (Imams) from Myedu and killed them in Ava, capital after they refused to eat pork. [16] According to the Myedu Muslims and Myanmar Muslims version there were seven dark days after that execution and the king later apologize and recognized them as saints. [17][18]

Anti-Muslim and anti-Indian Riots

Anti-Indian Riots

British Official White Paper

This paragraph’s basic facts are taken from Maurice Collis’ “Trials in Burma”. He was the judge in Rangoon, eye witnessed the riots and wrote his book based on the British Official White Paper given by, The Simon Commission. (The Royal Statutory Commission, appointed according to the Law of the Government of India1919, The Montague-Chelmsford Law.) [19]

Anti Indian and anti Muslim sentiments started during British rule. Anti-Indian sentiments in Burma/Myanmar is rooted in the Anti-foreign sentiment and Nationalism_

  1. The pride and good feelings of nationalism,

  2. the love for the country,

  3. race and

  4. religion is frequently exploited and used by many politicians, ultra-nationalists, religious fanatics, racial extremists and present Military Junta of Myanmar.

Adolf Hitlar of Nazi Germany and Slobodan Milosivic, were the most prominent and indisputable examples.

But it is shameful to admit that many governments and politicians around the world are guilty of this crime one time or another to get or accomplish their own agenda or to cover up their faults and failures.

They use to threaten their own people with the following immaginary ‘threats’-

  1.  with the foreign powers and enemies,

  2. western colonists,

  3. imperialists,

  4. religious terrorists,

  5. Communists,

  6. possible out break of racial riots and

  7. the danger of losing independence of their beloved country etc..

It is sad to note that, that propaganda warfare is usually successful with the help of the local government controlled media (and nowadays on internet and even on Wikipedia) and because of the use or exploitation of the nationalistic spirit. People against this would be labeled as unpatriotic or traitor.

  1. Once intoxicated with the patriotism and nationality fever, people were blinded.

  2. They are ready to do any thing for that patriotism.

  3. They are even willing to kill or dare to be killed.

  4. They are willing to sacrifice themselves, their family, their property and every thing on earth.

  5. Patriotism could mobilize the whole nation.

Myanmar democracy leader Daw Aung San Su Kyi once comments regarding the political extremists, religious fanatics and ultra nationalists,

“Well, there are people who think that it’s right to do any thing in the name of their religion, their race, their family, or any organization to which they may belong.”

Anti Indian sentiments started after the First World War during the British rule. [20] In Burma there were half million Muslims in 1921. More then half of Indians were Indian Muslims. [21]

Although Myanmar Muslims are different from the Indian Muslims and Indian Myanmar Muslims, Burmese Buddhists put them together even mixed with Hindu Indians, and called them Kala.[22]

The root of this hatred was_ [23] [24]

  1. Earlier muslim persecution of Buddhists and Hindus during the Mughal wars of conquest, where many Buddhists/Hindus were forcibly converted.

  2. Low standard of living of the recent migrants.

  3. Recent migrants willingness to do, Dirty, Difficult and Dangerous jobs.

  4. Indians took over the Burmese lands especially Chittiers.

  5. Indians had already filled up and monopolized the government services when the Burmese were later ready for those jobs.

  6. Professional competition.

  7. World economic recession of 1930 aggravated the competition for the reduced economic pie.

1930 anti-Indian riots

In 1930 there was an anti-Indian riots in Burma under British rule.

The problem started in Yangon port, because of the irresponsible action of the British firm of Stevedores. It had employed hundreds of Indian labourers. While those Indians were on strike, that firm had employed the Burmese workers just to break the strike. So the Indians had to give in and ended the strike. Next morning when the Burmese workers came and report for work they were told by the British firm that their service was no more needed. Some of the Indian workers who were angry because they had to end the strike at failure because of these Burmese workers laughed at them. Some Burmese workers were angry and started the fight and Indians retaliate. It grew rapidly into anti Indian (including anti Muslims) riots. Even within the first half-hour at least two hundred Indians were massacred and flung into the river. Authorities ordered the police to fire upon any assembly of five or more who refuse to lay down the arms, under Section 144 of the Criminal Procedure Code. That was a black day of 26 May. Within two days it spread to the whole country and no one knew the exact causality. [25]

Anti Muslim riots in 1938

There was another anti Muslim riots in 1938, while still under British rule. The real basic hidden agenda was aimed at British Government but the Burmese dare not show this openly.

The growing Nationalistic sentiments fanned by the local media disguised as anti Muslim to avoid the early detection and notice followed by the full blown force of mighty British Government machinery.

Throughout the Burmese struggles against British rule, all the political issues, movements, meetings, demonstrations, riots, rebellions and even the revolutions were instigated, inspired, influenced and led by newspapers. [26] [27]

Burma for Burmese Campaign

Burmese started the Burma for Burmese only Campaign. Then marched to the Muslim (Surti) Bazar. [28] While the Indian Police broke the violent demonstration, three monks were hurt. Burmese Newspapers use the pictures of Indian police attacking the Buddhist monks to further incite the spread of riots.[29] Muslim properties: shops, houses and mosques were looted, destroyed and burnt to ashes. They assaulted and even massacred the Muslims. It spreads to all over Burma and recorded that 113 mosques were damaged. [30]

The Inquiry Committee by British

On 22.9.38. British Governor set up the Inquiry Committee. [31] They found out that the real cause was the discontent in the government regarding the deterioration in sociopolitical and economic conditions of Burmans. [32] The book was used as an inciting factor by the irresponsible Burmese newspapers. [33] They use the anti Muslim propaganda as a disguise to cover up for the political struggle to gain independence.So the Buddhist used the Muslims as a scapegoat, for the first time, to fight against the British.

The Simon Commission (The Royal Statutory Commission, appointed according to the Law of the Government of India1919, The Montague-Chelmsford Law) to inquire the effects of Dyarchy system of ruling Burma, had recommended that special places be assigned to the Myanmar Muslims in the Legislative Council.

It recommended that full rights of citizenship should be guaranteed to all the minorities: the right of free worship, the right to follow their own customs, the right to own property and to receive a share of the public revenues for the maintenance of their own educational and charitable institutions. It recommended Home Rule or independent government separate from India or the status of dominion.

But the British Government refused to accept all those recommended except the separation, at the round table committee on India held in London in 1930.

Muslims under U Nu

AFPFL expelled Burma Muslim Congress [34]

The BMC, Burma Muslim Congress was founded almost at the same time with the AFPFL, Anti-Fascist Peoples’ Freedom Party of General Aung San and U Nu before World War Two. On 25.12 45 in Pyin Mana, U Razak was elected the President of BMC and decided to join AFPFL. U Razak was elected AFPFL President in the Mandalay district in 1946. Later the Governor accepted him as the member of constitutional council. He had a very good relations with Buddhist and even fluent in Pali (Buddhist scriptures are written in this ancient language of India). He became the Minister of Education and Planning in Bogoke’s (General Aung San) Government and was assassinated together later. [35] But he had supported the main policy of the AFPFL: that is against the partition along the community or religious lines. U Razak and his few associates objected to the struggle of those demanding specific constitutional guarantees for the Myanmar Muslim minority. So, although U Razak was a very popular, important and prominent Myanmar Muslim leader who had successfully organized the Myanmar Muslims to be able to get an official record that they had participated since the very beginning of the Burmese National struggle towards independence.

His stand of united Burmese (Myanmar) nation sacrificing the long-term interest of guarantee for the rights of Minority Myanmar Muslim satisfied not only the Burmese Buddhist leaders of the AFPFL, but strangely also the British Government. May be because of that he got a lot of personal rewards. U Raschid and more prominently U Khin Maung Lat, follows the general policy of sacrificing the Rights and Interests of the Myanmar Muslim Community for ‘the country and their party’. So no wander most of the Myanmar Muslims later refused to regard or recognize these ‘self interested’ seasoned politicians as their true representatives or saviors. Prime Minister U Nu, just few months after independence of Burma, requested the Burma Muslim Congress to resign its membership from AFPFL. In response to that U Khin Maung Lat, the new President of BMC decided to discontinue the Islamic Religious activities of the BMC and rejoined the AFPFL. Later he became the Minister of Justice but no more represented the wishes of Myanmar Muslim community. The newly formed The Burmese Muslim League requested a special government department for the Muslim affairs to determine their own future, as the same as for other minorities, who had Ministries in Yangon and governments in their states. U Nu removed the Burma Muslim Congress from AFPFL on 30.9.1956. BMC was asked to dissolve since 1955. Later U Nu decreed the Buddhism as the state religion of Burma against the will of the Ethnic Minorities and various religious organizations including Myanmar Muslims. U Nu as the devoted Buddhist was pressured the wealthy and influential Hindi merchants ordered the prohibition of slaughtering the cattle. Although he relaxed that during the Kurbani Edd (Hariraya Haji), Muslims had to apply the permits for each cattle and strictly follow under police supervision. Although General Ne Win revoked the first order and allow the slaughter of cattle for daily consumption, the second order of strict restriction for the sacrifice remained up to the present and the Muslims. Even Mosques’ official who failed to adhere to the permitted number of cattle are arrested and punished. And some Muslims complained that U Nu’s government had made more difficult conditions and regulations for the Haj pilgrimage than the Buddhists pilgrims going to Sri Lanka and Nepal.

Muslims under General Ne Win

When General Ne Win swept to power on a wave of nationalism in 1962, the status of Muslims changed for the worse. Muslims were expelled from the army and were rapidly marginalized[1]. Myanmar has a Buddhist majority. Muslims are stereotyped in the society as “cattle killers” (referring to the cattle sacrifice festival of Eid Al Adha in Islam). The generic racist slur of “kala” (black) used against perceived “foreigners” has especially negative connotations when referring to Burmese Muslims. The more pious Muslims communities who segregate themselves from the Buddhist majority face greater difficulties than those who integrate more at the cost of observance to Islamic personal laws.[2]

Muslims in Myanmar are affected by the actions of Islamic extremism in other countries. Violence in Indonesia perpetrated by Islamists is used as a pretext to commit violence against Muslim minorities in Burma. The anti-Buddhist actions of the Taliban in Afghanistan (the destruction of the Buddhas of Bamiyan) was also used as a pretext to commit violence against Muslims in Myanmar by Buddhist mobs. Human Rights Watch reports that there was mounting tension between the Buddhist and Muslim communities in Taungoo for weeks before it erupted into violence in the middle of May 2001.Buddhist monks demanded that the Hantha Mosque in Taungoo be destroyed in “retaliation” for the destruction of the Buddhas of Bamiyan.[3] Mobs of Buddhists, led by monks, vandalized Muslim-owned businesses and property and attacked and killed Muslims in Muslim communities. This was followed by retaliation by Muslims against Buddhists.

The dictatorial government, which operates a pervasive internal security apparatus, generally infiltrates or monitors the meetings and activities of virtually all organizations, including religious organizations. Religious freedom for Muslims is reduced. Monitoring and control of Islam undermines the free exchange of thoughts and ideas associated with religious activities.[4] Accusations of “terrorism” are made against Muslim organizations such as the All Burma Muslim Union.[5]

It is widely feared that persecution of Muslims in Myanmar could foment Islamic extremism in the country.[6] Many Muslims have joined armed resistance groups who are fighting for greater freedoms in Myanmar.[7]

Anti-Muslim Riots

The racial tension in March 1997 between Buddhists and Muslims and the attack on Muslim properties began during the renovation of a Buddha statue. The bronze Buddha statue in the Maha Myatmuni pagoda, originally from the Arakan, brought to Mandalay by King Bodawpaya in 1784 AD was renovated by the authorities. The Mahamyat Muni statue was broken open, leaving a gaping hole in the statue, and it was generally presumed that the regime was searching for the Padamya Myetshin, a legendary ruby that ensures victory in war to those who possess it.[36]

Anti-Muslim Riots in Mandalay (1997)

On 16 March 1997 beginning at about 3:30 p.m. a mob of about 1,000/1,500 Buddhist monks and others shouted anti-Muslim slogans without any provocation of any kind on the part of the Muslims. They targeted the mosques first for attack, followed by Muslim shop-houses and transportation vehicles in the vicinity of mosques, damaging, destroying, looting, and trampling, burning the religious books, committing acts of sacrilege. The area where the acts of damage, destruction, and lootings committed in Kaingdan, Mandalay.[37]The unrest in Mandalay allegedly began after reports of an attempted rape of a girl by Muslim men. At least three people have been killed and around 100 monks arrested. [38]

Anti-Muslim Riots in Taungoo(2001)

In 2001,Myo Pyauk Hmar Soe Kyauk Hla Tai (or) The Fear of Losing One’s Race and many other anti-Muslim pamphlets were widely distributed by monks. Many Muslims feel that this exacerbated the anti-Muslim feelings that had been provoked by the destruction in Bamiyan, Afghanistan.[39] On May, 15, 2001, anti-Muslim riots broke out in Taungoo, Pegu division, resulting in the deaths of about 200 Muslims, in the destruction of 11 mosques and setting ablaze of over 400 houses. On May, 15, the first day of the anti-Muslim uprisings, about 20 Muslims who were praying in the Han Tha mosque were killed and some were beaten to death by the pro-junta forces. On May, 17, 2001, Lt. General Win Myint, Secretary No.3 of the SPDC and deputy Home and Religious minister arrived and curfew was imposed there in Taungoo until today, July, 12, 2001. All communication lines remain disconnected.[40]Buddhist monks demanded that the ancient Hantha Mosque in Taungoo be destroyed in retaliation for the destruction in Bamiyan.[41] On May, 18, however, Han Tha mosque and Taungoo Railway station mosque were razed to ground by bulldozers owned by the SPDC junta..[42]The mosques in Taungoo remained closed as of May 2002. Muslims have been forced to worship in their homes. Local Muslim leaders complain that they are still harassed. After the violence, many local Muslims moved away from Taungoo to other nearby towns and as far away as Yangon. After two days of violence the military stepped in and the violence immediately ended.[43]

Human rights violations against Rohingya minority

According to Amnesty International, the Muslim Rohingya people have continued to suffer human rights violations under the Myanmar junta since 1978, and many have fled to neighbouring Bangladesh as a result:[44]

“The Rohingyas’ freedom of movement is severely restricted and the vast majority of them have effectively been denied Myanmar citizenship. They are also subjected to various forms of extortion and arbitrary taxation; land confiscation; forced eviction and house destruction; and financial restrictions on marriage. Rohingyas continue to be used as forced labourers on roads and at military camps, although the amount of forced labour in northern Rakhine State has decreased over the last decade.”

“In 1978 over 200,000 Rohingyas fled to Bangladesh, following the ‘Nagamin’ (‘Dragon King’) operation of the Myanmar army. Officially this campaign aimed at “scrutinising each individual living in the state, designating citizens and foreigners in accordance with the law and taking actions against foreigners who have filtered into the country illegally”. This military campaign directly targeted civilians, and resulted in widespread killings, rape and destruction of mosques and further religious persecution.”

“During 1991-92 a new wave of over a quarter of a million Rohingyas fled to Bangladesh. They reported widespread forced labour, as well as summary executions, torture, and rape. Rohingyas were forced to work without pay by the Myanmar army on infrastructure and economic projects, often under harsh conditions. Many other human rights violations occurred in the context of forced labour of Rohingya civilians by the security forces.”

See also

  1. Persecution of Muslims

  2. Islam in Myanmar

  3. Rohingya People

  4. Burmese Indians

  5. Islam in India

  6. Islam in China

  7. Islam in Asia

  8. Islam

  9. Burmese Chinese

  10. Panthay

 References

  1. ^ Pe Maung Tin and G.H.Luce, The Glass Palace Chronicle of the Kings of Burma, Rangoon University Press, Rangoon, Burma, January 1960.
  2. ^ “A study of a minority Group”, by Moshe Yegar, page 2, paraaph 3
  3. ^ idib
  4. ^ Pe Maung Tin and G.H.Luce, The Glass Palace Chronicle of the Kings of Burma page 83 paragraph 3, line 2&3
  5. ^ “The Muslims of Burma” A study of a minority Group, by Moshe Yegar page 2, line 1&2
  6. ^ Pe Maung Tin and G.H.Luce, The Glass Palace Chronicle, page 103, paragraph 3
  7. ^ “The Muslims of Burma” A study of a minority Group, by Moshe Yegar, 1972, Otto Harrassowitz. Wisbaden.page 21, paragaph 2,pp22,23&24.
  8. ^ Colonel Ba Shin, “Coming of Islam to Burma down to 1700 AD, Lecture at the Asia Histoy Congress. New Deli:Azad Bhavan 1961 Mimo.
  9. ^ H.R. Speaman, Britih Burma Gazetteer (Rangoon,1880)I,293-294.
  10. ^ Hall, Histoy of South East Asia, pp 33-341.
  11. ^ Desai, A Pageant of Burmese History, pp61-63.
  12. ^ Harvey, G.E. “The fate of Shah Shuja, 1661, JBRS,XII (Aug 1922) pp107-112.
  13. ^ “The Muslims of Burma” A study of a minority Group, by Moshe Yegar, page 10, line 11&12
  14. ^ idib page 10 line 10 to 16
  15. ^ “The Muslims of Burma” A study of a minority Group, by Moshe Yegar, page 10, line 21
  16. ^ “The Muslims of Burma” A study of a minority Group, by Moshe Yegar, page 12, paragaph 3
  17. ^ ibid
  18. ^ Siddiq Khan, M “Captain George Sorrel’s Mission to the cout of Amarapura, 17934., Journal of h Asiatic Socity of Pakitan (Dacca). II (1957), 132-140
  19. ^ Maurice Collis, Trials in Burma
  20. ^ Moshe Yegar, Muslims of Burma, page 32
  21. ^ Moshe Yegar, Muslims of Burma, page 29 paragraph 1 and foot note 1. Page 31 line 1, 2, 11
  22. ^ Maurice Collis, Trials in Burma
  23. ^ Maurice Collis, Trials in Burma
  24. ^ Moshe Yegar, Muslims of Burma, page 111, paragraph 4, line 8 to 15. Page 27, paragraph 4, line 5,6,7. Page 31 paragraph 2. Page 32 paragraph 4
  25. ^ Maurice Collis, Trials in Burma
  26. ^ Democratic Voice of Burma, Media conference (July 19-20, Oslo) Burmese Media: Past, present and future by U Thaung (Mirror/Kyae Mon news paper Retired Chief Editor)
  27. ^ Muslims of Burma” A study of a minority Group, by Moshe Yegar,Page 32 paragraph 4.Page 36, paragraph 1, line 6, 7, 8, 9, 11, 12, 14, 15
  28. ^ Muslims of Burma” A study of a minority Group, by Moshe Yegar,Page 36, paragraph 3.
  29. ^ Muslims of Burma” A study of a minority Group, by Moshe Yegar,Page 36, paragraph 4. Page 37, line 1,2
  30. ^ Muslims of Burma” A study of a minority Group, by Moshe Yegar,Page 37, paragraph 2.
  31. ^ Muslims of Burma” A study of a minority Group, by Moshe Yegar,Page 38, line 1
  32. ^ Muslims of Burma” A study of a minority Group, by Moshe Yegar,Page 38, paragraph 2
  33. ^ Muslims of Burma” A study of a minority Group, by Moshe Yegar,Page 38, paragraph 2, line 12,13,14
  34. ^ “The Muslims of Burma” A study of a minority Group, Moshe Yegar, page 75 to 79
  35. ^ “The Muslims of Burma” A study of a minority Group, by Moshe Yegar, page 75 footnote last paragraph
  36. ^ Houtman, Gustaaf. Mental Culture in Burmese Crisis Politics: Chapter 5 Study of Languages and Cultures of Asia and Africa Monograph Series No. 33. Tokyo University of Foreign Studies, Institute for the Study of Languages and Cultures of Asia and Africa, 1999, 400 pp. ISBN 4-87297-748-3
  37. ^ IMAGES ASIA: REPORT ON THE SITUATION FOR MUSLIMS IN BURMA May 1997 http://www.ibiblio.org/freeburma/ethnic/rohingya1.txt
  38. ^ http://www.cidcm.umd.edu/mar/chronology.asp?groupId=77501
  39. ^ Crackdown on Burmse Muslims, Juuly 2002 http://hrw.org/backgrounder/asia/burmese_muslims.pdf
  40. ^ Burma Net News:July 16,2001 http://www.burmalibrary.org/reg.burma/archives/200107/msg00034.html
  41. ^ Crackdon on Burmese Muslims, Human Right Watch Briefing Paper http://hrw.org/backgrounder/asia/burma-bck4.htm
  42. ^ Crackdon on Burmese Muslims, Human Right Watch Briefing Paper http://hrw.org/backgrounder/asia/burma-bck4.htm
  43. ^ Crackdown on Burmese Muslims, Human Rights Watch Briefing Paper http://hrw.org/backgrounder/asia/burma-bck4.htm
  44. ^ Myanmar – The Rohingya Minority: Fundamental Rights Denied, Amnesty International, 2004.

 External links

  1. Myanmar Muslim Information Centre(MMIC)- [8]

  2. Myanmar Muslim news- [9]

  3. Burmese Muslims Network- [10]

  4. Islamic Unity Brotherhood [11]

  5. Arakan Rohingya National Organization- [12]

  6. Rohingya Language- [13]

  7. Free Rohingya Campaign- [14]

  8. Myanmar Muslim political Awareness Oranization- [15]

  9. Panthay on line community- [16]

  10. Office of UN High Commissioner for Human Rights[17]

  11. US Department of State, International Religious Freedom Report 2005 on Burma[18]

  12. US Department of State, Burma, Country Reports on Human Rights Practices- 2005.Released by the Bureau of Democracy, Human Rights, and Labor[19]

  13. Amnesty International’s report on Burma[20]

  14. UK Conservatives’ Human Rights[21]

  15. Refusal of Identity Cards for Burmese Muslims[22] [23]

  16. Refusal of Identity Cards for Burmese Muslims (in Burmese. We also love Burma.)[24]

  17. Racial Discriminations on Burmese Muslims[25][26]

  18. Human Rights issues in Burma [27]

  19. PRAYERS FOR BURMA [28]

  20. Priestly, Harry. “The Outsiders“, The Irrawaddy, 2006-01. Retrieved on 200607-07. 

  21. Butkaew, Samart. “Burmese Indians: The Forgotten Lives“, Burma Issues, 2005-02. Retrieved on 200607-07. 

  22. The Persecution of Muslims in Burma, by Karen Human Rights Group

mosq-damage-1.jpg

That wasn’t protesting. That was set up by the military Juntas between Buddhist and Muslims in Burma. I was there in Mandalay when that happened. The buddhist monks sheltered the Muslims in their monestries while other monks are destroying the mosques. Who were the people doing that? At last 3 monks were caught by the civilians who were trying to protect their homes and the monks going the city were not the real monks. Just shaved their heads with the boots underneath the robes. Why the people did not join them if that is a clash between Muslims and Buddhists? We were still hanging out and helping each other.

 

mosq-damage-22.jpg

mosq-damage-21.jpg

 

mosq-damage-19.jpg

mosq-damage-18.jpg

 

mosq-damage-16.jpg

mosq-damage-15.jpg

mosq-damage-14.jpg

mosq-damage-13.jpg

mosq-damage-12.jpg

mosq-damage-11.jpg

mosq-damage-14.jpg

mosq-damage-10.jpg

mosq-damage-9.jpg

mosq-damage-8.jpg

 

mosq-damage-20.jpg

 

mosq-damage-17.jpg

Famous Burmese Muslims

Famous Burmese Muslims  or

List of Burmese Muslims

 

  1. U Razak. U Razak (20 January 1898 – 19 July 1947; Arabic: Abdul Razak) was a Burmese politician who was a respected educationalist. He was a minister and was assassinated, along with his cabinet, on 19 July 1947. July 19 is celebrated in Myanmar today as Martyrs’ Day. U Razak was Minister of Education and National Planning, and was chairman of the Burma Muslim Congress. [1]

  2. Saya Gyi U Nu . Mayor of Yammar Watti, Shwe Taung Thargathu @ Mohamed Kassim @ Saya Gyi U Nu (Great Teacher or Guru) was a very famous Burmese Muslim writer during King Bodawpaya.He had written and translated a lot of Islamic religious books. He used Pali and other words and terms from the Burmese religious literature to Burmanise the Islamic literature. Combined with his flowery, poetic Burmese writing, his books are regarded as Myanmar Muslims’ classics. [2] Bodawpaya appointed him as the head of the mission to India to collect and bring back books and Scriptures in Sanskrit, Hindi Urdu and Farsi. [3] Saya Gyi U Nu was appointed as the Mayor of Yammar Wati with the Shwe Taung Tharga title. [4] But recent military rulers prohibited the Muslims from using these Pali words and terms in Islamic religious books.

  3. U Shwe Yoe aka U Ba Ga Lay. U Shwe Yoe was a Burmese Muslim named, U Ba Ga Lay. He was the pioneer famous Cartoonist, Actor, Comedian and dancer. U Shwe Yoe dance was U Ba Ga Lay’s jolly joker dance sequence in, “Ah Ba Yae” (Oh Ah Ba. Ah Ba means old man or father in Burmese) which was one of the pioneer films of Myanmar movie history about rural life. The dance is full of fun and joy and it appealed so much to the Myanmar audience and is adopted as a dance for all festive occasions..[5][6]

  4. Colonel Ba Shin. Colonel Ba Shin a noted historian was later a member of The Myanmar History Commission, [7]UTC and Islamic Religious Affairs Council.

  5. U Raschid. U Raschid, an Indian Myanmar Muslim, was active in Thakin Movement (The Burmese National movement against ruling British). He was the secretary general of Rangoon University Students’ Association in 1931 together with prominent Myanmar political leaders: Aung San, U Nu, U Kyaw Nyein, U Ba Swe etc. U Raschid was the first president of the All Burma Students’ Union. In 1952 U Nu appointed him as Minister for Housing and Labour, later in 1954, Minister for Trade and Development, in 1956, Minister of Mines, in 1960 Minister of Commerce and Industry. In 1958 he was the Vice President of the Trade Union Council of Burma. U Nu requested him to change his name to U Yanshin to make him more acceptable to other Buddhist but he declined. General Ne Win arrested him in 1962, during the coup. [8]

  6. U Khin Maung Latt. U Khin Maung Latt was one of the Myanmar-Muslim Cabinet Ministers in U Nu’s Government held the Social Services and Health portfolio. He was the secretary of U Razak before his (U Razak) assassination. He had been active in the Students’ organizations of Yangon University and had took part in the very famous students’ strike of 1936. He successfully organized the Muslims in whole Burma to stand united under the AFPFL flag during the struggle for the independence. He worked together assisting U Razak. When AFPFL split in to two, U Khin Maung Lat was with the Stable Fiction. U Raschid remained with U Nu. [9]

  7. Kyar (Tiger) Ba Nyein and family members. Kyar (Tiger) Ba Nyein was also a very prominent Myanmar Muslim. He was known to be a great boxer, and had even represented Burma in the Olympics. He had successfully trained a lot of boxers. And he had rejuvenated the Myanmar traditional boxing. He was a famous writer also. His son U Win Nyein is also a prominent Journalist. U Chit Nyo, brother of Kyar Ba Nyein is also a famous writer. Myo Myint Nyein was the editor of Payphuhlwar, a former monthly magazine in Burma. Awarded the International Press Freedom Award in abstentia by the Toronto-based Canadian Journalists for Free Expression (CJFE). He is the brother of Win Nyein.

  8. Daw Win Mya Mya.  NLD Mandalay Division Organizing Committee member, Daw Win Mya Mya is a Panthay Muslim. She was assaulted by the SPDC affiliated thugs and arrested at Depayin together with Daw Aung San Suu Kyi and other NLD members. She is a brave and active NLD leader. [2] She was arrested during the fuel price rise demonstration led by revered Buddhist Monks in Mandalay, in September 2007, during the fasting month of Muslims.

  9. Maung Thaw Ka or Major Ba Thaw . Maung Thaw Ka or Major Ba Thaw from Navy was a very prominent writer and pioneer NLD leader died in SPDC jail. He was buried at Kandaw Gale Sunni cemetery. [10]

  10. Captain Ohn Kyaw Myint. Martyred after failed attempt of coup d’état during General Ne Win’s rule. [11]

  11. Saya Chair also had a very good relation with the Military Government and was appointed the Chairman of the Election Commission. [12]

  12. Hajima Pyinmanar (Sein) Daw Pu. Hajima Daw Pu was also a famous Myanmar-Muslim philanthropist. Because of her donation of a new Kidney Hospital and good social relations with General Ne Win, Military Government even awarded her with a medal for her outstanding social deeds. [13]

  13. Sultan Mahmood (Health Minister) Wealthy and influential Myanmar Arakan Muslim from Akyab, Arakan, a Rohingya, Sultan Mahmood was the political secretary in U Nu’s government and later was appointed as Health Minister. [14]

  14. Other Rohingya MPs (Member of Parliament) Other Rohingya Myanmar/Burmese (Arakan) Muslims in U Nu’s Parliament as parliamentary secretaries were Mr Sultan Ahmed and Mr Abdul Gaffar. Mr Abdul Bashar, Mrs. Zohora Begum @ Daw Aye Nyunt,Mr Abdul Khair, Mr Abdus Sobhan, Mr Abdul Bashar, Mr Rashid Ahmed, Mr Nasiruddin (U Pho Khine), were members of Parliament in different terms in U Nu’s Government. [15]

  15. Colonel (Tat Hmu Gyi) U Pho Kar He started to enlist in Mindon’s Cannon regiment since young. During King Thibaw’s reign, he was the Captain on the Sekyar Ngwezin Thulu ship which went to Bamaw to attack the Burmese Rebels and the Chinese invaders. During the third Anglo-Burmese war, he was at Min Hla Fort leading 200 Cannoners. U Pho Kar was together there with his uncles Captain Bo Kyae, Captain Bo U Maung, Sergeant (Thwe Thaut) U Kyar Yone. At the battle, one Captain and 50 soldiers killed. Burmese had to retreat and U Pho Kar retreated with the gun-shot wound on the abdomen. After the war he settled in Maymyo. Parliamentarian Haji U Than Nyunt was his son. U Pho Kar died on 10th. May 1956 at the age of 95. [16]

  16. Myanmar Muslim Ambassadors. There were also Myanmar Muslim Ambassadors like U Pe Khin and U Hla Maung.

  17. Ambassador U Pe Khin was the most important negotiator and architect of the historical Panglon treaty. When General Aung San was disappointed, given up and decided to take the flight back to Rangoon that evening, U Pe Khin persuaded General Aung San to stay for one night and to allow him to negotiate with the Ethnic Minority leaders. U Pe Khin successfully negotiated with those Ethnic leaders to get an agreement for this most important treaty in Burma, which was the foundation for the Union of Burma and its Independence. [17]

  18. Than Phae Lay was a popular comedian and famous singer. Khin Maung Htoo and Chit Kaung are also famous Burmese Muslim singers.

  19. Psychiatrist Prof Dr U Ne Win, Medical Superintendent (Head of Hospital) Yangon Psychiatric Hospital. *

  20. Faridah Meer, the Head of the Department in Surgery in the National University Malaysia (UKM)(General Hospital Kuala Lumpur).

  21. Captain U Khin Maung Latt or Haji Hassan Latt. Captain U Khin Maung Latt or Haji Hassan Latt was also one of the pioneer pilots after independence. Later he became the General Manager of Burma Airways and was the personal pilot of General Ne Win.

  22. U Kyaw Kyaw. U Kyaw Kyaw was also one of the very few Myanmar-Muslims promoted to the high position in the Military Government. He was the Managing Director of the Myanmar Economic Bank. He was born on 15th October 1937 in Ye Nan Chaung, and died on 2nd of April 2003, in Kuala Lumpur, Malaysia. A graduate of Rangoon University, later he joined the State Commercial Bank of Burma as a junior officer. He was trained in Westminster Bank of England in early sixties. He is well respected among his friends and banking society for his vision, discipline, and hard work. During his tenure as Managing Director, he initiated computerization of Banking System in Burma. His concern is always been the dual exchange rate of Burmese currency, and inconsistent monetary policy of Military Government. He also tried to start Myanmar Stock and Exchange in cooperation with a Japanese Bank.

  23. Myanmar Muslim activists. Some Myanmar Muslim activists such as Pathi Ko Lay and Dr Kyaw Nyein were also promoters of total assimilation of Burmese Muslims in to Burmese. Especially Dr Kyaw Nyein had a very good relation with the very powerful and famous Mandalay Young Buddhist Monks and to some extent successful in countering the agent provocateurs from inciting the anti Muslim sentiments. Because of his request, real monks influential in Mandalay searched and confiscated and destroyed nearly hundred thousand anti-Muslim pamphlets allegedly distributed the Myanmar Military secret agents. Although reported to the authorities, no one was arrested for that crime in a country where many people were arrested, tortured and jailed for printing or photocopying or distributing any anti-government papers or even for distribution of Human right Declaration from UN office. Lu Du Daw Amar, highly respected journalist wrote in one of the monthly magazine recently about Myanmar Muslims from Mandalay. She praised them for their understanding and respect of the Burmese Culture. While trying to stress the deterioration of religious knowledge among Myanmar Buddhist youths, she pointed out that some of them even did not know how to talk with the monks. She mentioned the skills and politeness of Myanmar Muslims in dealing and talking with the Buddhist monks.

  24. U Shaw Phi. U Shaw Phi, Myanmar Muslim rich man, contractor and investor, was also very famous and well connected person among the local and central Military leaders. He was arrested few times because of his extraordinary efficiency and excellent contacts. Once, old and damaged vehicles, which were beyond repairable condition, from the army and State Transport Department were bought from the government. U Shaw Phi ‘shamed’ the Military government by the speedy successful repair within one month. His refurbished buses and trucks hit the roads and he was ‘invited’ into the jail for questioning for few months for his efficiency to repair the damaged vehicles so quickly. He was arrested once because of that kind of efficiency, for the crime of finishing his own house in front of the prolonged project of building the new parliament building. Because he built his house with three shifts of workers day and night, General Ne Win became jealous and ordered to arrest him to inquire how he managed to get the required raw material for the construction. And he was arrested few times without any trial when the number twos in the governments or any other high ranking officials were required to remove from their positions. They were unofficially alleged to have connection with that wealthy man and were said to be not fit to hold high posts. But strangely, the probes or investigations always had to stop before other VIPs were implicated. Obviously, the almost bankrupt authorities needed U Shaw Phi’s skills and wealth.

  25. Pali Professor, RASU, Ahmad Kasim

  26. MASU, English Professor Ali.

  27. Senior Research Officer, History, Dr Daw Yi Yi

  28. Associate Professor, History, MASU U Maung Maung Lay

  29. RASU Chemistry Professor U Aung Khin @ Md Ali

  30. Professor U Ko Lay, Maths, MASU.

  31. (Sugar) U Ba Sein. Pilot factory and Nylon Factory.

  32. EC Madar Umbrella Factory and Soap Factory.

  33. U Shwe Thar Aung. Chairman Arakanese Muslim association.

  34. Major (Dr) Htun Nyo. ENT Surgeon. Mingladon, Maymyo, UKM (Malaysia), Saudi Arabia.

  35. Dr U Hla Khaine. Ph.D. Anatomy UK. Professor, Head of Department. UKM. UIA. (Malaysia)

  36. Prof. Dr U Khant @ Habib Khan, Psychologist.UM, UIA. (Malaysia) Pased away at 2.00 AM, on August 02, 2007 in Yangon, Myanmar.

  37. Ye Soe was one of the famous Myanmar Muslim novelists. He wrote detective stories based on foreign books but he Burmanized them and was accepted by many youths. He wrote more than hundred books.

  38. U Kar, was the Rector of Rangoon Arts and Science University in 1962. He was the Education Minister of the 1958 Caretaker Government.

  39. U Ali. He was famous for the Classic Burmese old songs. Even most famous singer Mar Mar Aye learned from him. Piano Ko Mar Mut was also famous. [18]

  40. Movie stars. Shwe Ba and Maung Maung Ta were very popular movie stars in Burma. After retirement Maung Maung Ta got the Ph.D. with the thesis with the Shia Muslims in Burma. I hereby hope and request to Dr Mg Mg Ta or his friends to kindly contribute his thesis in the Wikipedia and allow me to copy in my web blog.

  41. Lt. Col. Khalid Maung Maung. Southern Shan State BRC Supervision Committee Chairman Lt. Col. Khalid Maung Maung.

  42. Prominent Burmese Muslims in Burma Army. There were few prominent Burmese Muslims in Burma Army earlier. Brig. General Maung Maung Gyi was from Burma Navy and Colonel Tin Soe was with the Revolution Council of General Ne Win. Various forms of Military Governments continue to rule Burma (Myanmar) since that council overthrown the democratically elected U Nu’s Government.

  43. Daw Saw Shwe. Famous Myanmar Muslim woman. Chairperson of Burma Muslim Organization.

  44. U Aung Thin represented the Myanmar Muslims at the Round Table Committee on whether Burma should be separated from India or not. That was held at London, in 1930.[19]

  45. U Ba Oh was a very rich Burmese Muslim philanthropist. He funded BMS Burma Moslem Society’s activities and was voted president for life. He was not only active in social and welfare, but he had also stood bravely in demanding the rights of Myanmar Muslims. [20]

  46. Haji Thein ( President-Islamic Religious Affairs Council )(Pulae, Pearl)

  47. Dr. Tin Maung (Son of U Kar), he was the Rector of Institute of Computer Science & Technology (ICST).

  48. Notable Burmese Muslims under Burmese Kings                                                          All the list of persons below ae taken from the “Twentieth Anniversary Special Edition of Islam Damma Beikman.” Myanmar Pyi and Islamic religion.The reprint of the records of the lectures given by Pathi U Ko Lay in 1973. from page 109,110 and 111[21]

  49. Naymyo Gonnayap Khan Sab Bo @ Abdul Karim Khan. Ambassador to Indochina.

  50. Minister Mingyi Maha Min Htin Yar Zar @ U Chone, Akhbad Myin Wun, calvary Captain, Mayor of Pin Lae town.

  51. Maha Min Kyaw Thiha Min Htin @ U Pho Yit, Mayor of Tapae town.

  52. Min Hla Min Htin Yarzar @ U Nae Htun,Kala Won.

  53. Maha Bawga Dana Thiri Yarzar Mullah Ismail, Custom Chief. Royal Ship Captain, Mayor of Kyauk Yae town. He donated the Mandalay Soorti Mosque.

  54. Maha Min Hla Min Htin Yarzar @ U Naw Khan, Kalay Tain Nyin Yargazo Mayor.

  55. Maha Min Khaung Kyaw Htin @ U Pyar, Mayor of Sinku.

  56. Malar Mon @ U Pwint, Explosive expert. (Yan Chet won)

  57. Min Hla Min Htin Thu Rain, Western Jail Superintendent.

  58. Min Htin Yarzar, Chief Clerk.

  59. Nay Myo Thiha Kyaw Htin @ U Tar, Advocate.

  60. Nay Myo Yaza Thinkhayar @ Marmet Ebrahim, Advocate.

  61. Nay Myo Yaza Thinkhaya @ Abdul Rahman, Advocate.

  62. Nay Myo Min hla Yazar Thu @ U Kyin Oo, Special squad Captain. (Ywe Let Yar Bo)

  63. Min Htin Thithi Yarzar @ U Khaung, Special squad Captain.

  64. Maha Thu wunna Thaetha @ U Yan Aung. (Rich man)

  65. Maha Thiri Thukha Thaetha @ Maung Sein. (Rich man)

  66. Mantaka Maha Thala @ U San Pyaw (Richman)

  67. Maha Bawga Punnya @ U Yit (Rich-man)

  68. Abit Shah Husaini, Chief Islamic Judge (Bodaw).

  69. Malauvi Kabul, Chief Islamic Judge (Mindon)

  70. Naymyo Gonnayat @ Khalifa U Pho Mya

  71. Khalifa U Hwe Lone.

  72. Royal ship Captain U Pho Mya.

  73. Bo Min Setkyar Amyoke Tat U Hashim.

  74. Bo Min Bone Oh Bengla Amyoke Tat, U Yauk.

  75. Thwe Thauk Gyi (Major of 275 soldiers, Head of 5 Thwe Thauks who had 55 soldiers each under them) Thwe Thauk Gyi of Cannon brigade U Bo. (I could not mention the few dozens of Thwe Thauk Gyis because of imited space)

  76. Setkyar (Amyoke Tat) Cannon brigade Chief Officer, U Pho Kar.

  77. Custom Chief, Ar Gar Sherazi (Shia Muslim)

  78. Price Controller, U Maw.

  79. Merchant U Shwe Thi.

  80. Horse Calvery Chief Captain, Wali Khan.

  81. Horse Calvery Captain U Tu Wa , Wali Khan Horse Calvery.

  82. Thibaw’s personal secretary, U Hashim.

  83. Thwe Thauk Gyi (Major) U Danaing (Kindar Kala Pyo Army) Grandfather of Pathi U Ko Ko Lay.

  84. There are many Thwe Thauk Gyis, Captains and Palace Ladies closed to the queen.

[edit] See also

 References

  1. ^ Burmese Encyclopedia Vol 11, P 73 printed in 1970

  2. ^ “History of Myanmar Muslims”, (limited edition for members only) Muslim Students Association, Rangoon Arts and Science University, Burma.

  3. ^ Konbaung Dynasty Royal History Vol. 2. Page 157.

  4. ^ Konbaung Dynasty Royal History Vol. 2. Page 166.

  5. ^ U Shwe Yoe’s alias U Ba Ga Lay by Tin Soe. Al-Balag Journal, Published by Ko Min Lwin. In Burmese. Nov-Dec 2001. page 80,91&82 1

  6. ^ Ludu Daw Ah Mar, Shwe Yoe, Ba Galay – Artists of the same names in 2 volumes 1969

  7. ^ ibid

  8. ^ ibid

  9. ^ “History of Myanmar Muslims”, (limited edition for members only) Muslim Students Association, Rangoon Arts and Science University, Burma.

  10. ^ This poem in Burmese, “Sayar Maung Thaw Ka” by Kyaw Zwa in Burma Digest published on 23. 06.2007 mentioned this fact.[1]

  11. ^ History of Myanmar Muslims, Rangoon University Islamic Association.

  12. ^ ibid

  13. ^ “History of Myanmar Muslims”, Muslim Students Association, Rangoon Arts and Science University, Burma.

  14. ^ Press Release, Rohingya Patriotic Front 9-2-1966.

  15. ^ Press Release, Rohingya Patriotic Front 9-2-1966.

  16. ^ “Twentieth Anniversary Special Edition of Islam Damma Beikman.” Myanmar Pyi and Islamic religion.The reprint of the records of the lectures given by Pathi U Ko Lay in 1973. page 90-112.

  17. ^ General Ne win’s personal assistant Thetkatho Ne Win’s records.

  18. ^ Mar Mar Aye’s radio interview

  19. ^ “The Muslims of Burma” A study of a minority Group, by Moshe Yegar, 1972, Otto Harrassowitz. Wisbaden.

  20. ^ ibid

  21. ^ The “Twentieth Anniversary Special Edition of Islam Damma Beikman.” Myanmar Pyi and Islamic religion.The reprint of the records of the lectures given by Pathi U Ko Lay in 1973. from page 109,110 and 111.

Open letter to H.E. Professor Sergio Pinheiro

Open letter to H.E. Professor Sergio Pinheiro

To

Professor Sergio Pinheiro
(Brazilian law professor and
human rights investigator)
Special rapporteur of the
U.N. Secretary General on
human rights in Myanmar

 

Dear Mr Sergio Pinheiro,                                       

                                          Thank you for the great job you are going to do for the Burmese people. Instead of pressing SPDC generals to investigate the fatal crackdown on protesters in September, please may you kindly start an investigation yourself as the Myanmar SPDC top generals had all the knowledge of those and they had ordered the killing. 

We all Burmese people and some of the world observers already know that allowing you, Sergio Pinheiro, Special rapporteur on human rights in Myanmar of the U.N. Secretary General Ban Ki Moon and Mr Ibrahim Gambari are just the stage-shows to deflect the public and international outrage after SPDC Military had brutally suppressed, assaulted, arrested, tortured about six thousand and murdered few hundred of peaceful demonstrators and revered monks.  

SPDC and Than Shwe could be able to defuse the anger of the world and save the faces of their friends; China, Russia, India and ASEAN esp. Singapore and Malaysia, who would applause and go on supporting and exploiting Myanmar for another few decades. Procrastination and buying time is the ultimate goal of the SPDC Junta. At the same time, the SPDC media is repeatedly declaring that Myanmar Military Government   is steadfastly going to continue the cracking down on democratic forces until the opposition is totally eliminated or annihilated or totally uprooted. 

When Mr Ibrahim Gambari was asked by the reporters, why instead of looking around the killing field in Yangon, why did he went to Shan State and other irrelevant places, he replied that he had no  power nor mandate to go anywhere he like to investigate but just a guest of the SPDC and had to follow their arrangement.  

According to the unconfirmed reports, up to 8,000 people may have been rounded up around Yangon. This could not be independently confirmed but dissident groups have said that up to 6,000 people have been arrested since troops put down the uprising on Sept. 26 and 27 when they opened fire on crowds. The government says 10 people were killed but others say up to 200 people died in the crackdown on demonstrators who were largely led by Buddhist monks. Part of the proof is already in the photographs and videos came out from Burma and splashed in all the media worldwide.

But the SPDC Myanmar Military Junta had tried to destroy the evidences, repaired the monasteries, arrested, intimidated or killed the witnesses, confisticated all the films, audio and video evidences. So, to safe time and to make your job easy, instead of investigating all the cases of assaults, brutality and killings, please may you kindly just investigate one case which could represent all the atrocities of the SPDC on the unarmed peaceful civilians without provocation or threat of violence. 

Just investigate the murder of Japanese reporter for Tokyo-based APF News, Kenji Nagai’s case thoroughly from all the angles as if you are the investigation officer for a serious crime. If you could have the help of CIA, FBI or CSI team (Crime Scene Investigators) you could easily bring those Criminal SPDC Junta to the International Criminal Court for cold blooded killing of this Japanese photo-video Journalist.  

Footage capturing the last, terrible seconds of Kenji Nagai’s life has been aired on Japanese television and you could easily get to the root of the truth behind the 50-year old photo-journalist’s murder by Burmese troops.  

You should ask the detailed analysis of that video-clip and photos from the Japanese authorities. You could get the confirmation that the person in the pictures and video was the authentic pictures of Mr. Kenji Nagai.  

You should record the Japanese experts who had examined the footage and contradicted the official Burmese explanation of Nagai’s death – that he was killed by a “stray bullet”. 

You should record the Japanese investigators, who were seen in the news photographs at the crime scene. 

You should investigate how they get those pictures and video. And the person who shoot them. (You should plan and give the complete witness protection to the whole family of the Burmese photographer by taking the whole family back to USA immediately.) 

You must record the doctor at the Japanese embassy in Burma who confirmed that a bullet entered Nagai’s body from the lower right side of his chest, pierced his heart and exited from his back.  

You should insist to give a chance to record the interview with the “soldier” who shot Mr Nagai and if possible the squad or platoon involved.  

If you were not allowed to see the killer soldier and his troop, please kindly made sure, you get the black and white reply on paper. Who refused your request? 

You should try your best to get the most important fact, who had given the shoot to kill order? 

You need to make sure whether it is true that that even five generals including Yangon Division General were sacked because they refused to shoot the unarmed civilians and monks. If that was true, it is clear that the person who had given the order was higher than generals and Yangon Division Commander General and the five generals.

Only after the incriminating video-proof surfaced, the SPDC is trying to give excuses like a common criminal, they officially change the shooting to an accident.

What did SPDC mean by saying it was an accident? The SPDC soldiers were trigger happy and were ordered to freely shoot Myanmar citizens but they thought that the Japanese photo-journalist was a local Burmese Chinese and accidently or wrongly shoot and killed? Even if the victim in the shooting video was not a foreigner but local Myanmar citizen, it is still a crime to kill an unarmed civilian without provocation. SPDC Generals and especially Senior General Than Shwe is responsible to answer and clarify at the ICC. You should try to prove that there is Criminal Intent by SPDC.

The doctrine of transferred intent is another nuance of criminal intent. Transferred intent occurs where one intends the harm that is actually caused, but the injury occurs to a different victim or object. For example, SPDC soldier shoot the Japanese Photo-journalist “accidentally” because he thought that it was a local Burmese-Chinese.  The concept of transferred intent applies to homicide, battery, and arson. Felony murder statutes evince a special brand of transferred intent. Under a felony murder statute, any death caused in the commission of, or in an attempt to commit, a felony is murder. It is not necessary to prove that the defendant intended to kill the victim.

And the _

  1. arresting of the local journalists,

  2. cutting off the phone lines,

  3. vcutting off the internet internet

  4. Searching and

  5. confiscation of the cameras and hand phones capable of taking pictures

  6. are also clear case of trying to cover-up their crimes.

Above acts should be considered as the part of the cover-up scheme. This is the typical scenario of committing the Eighth Stage of Genocide, cover-up and denial.The whole SPDC from the Senior General Than Shwe to the soldiers who had done the shootings are all equally guilty of this killing

The “soldier” who shot Kenji Nagai was curiously wearing the slippers. I think this is the first time our world had witness a regular government soldier without boots. (Even there were reports that SPDC soldiers entered the monastries and pagodas without taking off their shoes.) May be there is some truth in the repeated rumors that SPDC officers trained the convicted criminals to shoot the rifles (or semi-automatic machine guns) and given the stimulants like Amphetamines or Ecstasy pills to commit the atrocities like killing the monks and civilians. There are also repetitive reports that the SPDC soldiers are given the same stimulants like Amphetamines or Ecstasy pills to commit raping of ethnic minorities.

If that is true, the one who ordered or give the command to shoot and kill would be more guilty then the actual perpetrators. This is a very important point for you as a prosecutor at ICC.  

Command responsibility, sometimes referred to as the Yamashita standard or the Medina standard, is the doctrine of hierarchical accountability in cases of war and serious crimes. The doctrine of “command responsibility” was established by the Hague Conventions IV (1907) and X (1907).  This The Hague Conventions IV (1907) was the first attempt at codifying the principle of command responsibility on a multinational level.

The “Yamashita standard” is based upon the precedent set by the United States Supreme Court in the case of Japanese General Tomoyuki Yamashita. He was prosecuted, in a still controversial trial, for atrocities committed by troops under his command in the Philippines. Yamashita was charged with “unlawfully disregarding and failing to discharge his duty as a commander to control the acts of members of his command by permitting them to commit war crimes.”

It was not until after WWI that the Allied Powers’ Commission on the Responsibility of the Authors of the War and on the Enforcement of Penalties recommended the establishment of an international tribunal, which would try individuals for_

  1. “order[ing], or,

  2. with knowledge thereof and

  3. with power to intervene,

  4. abstain[ing] from preventing or

  5. taking measures to prevent,

  6. putting an end to or repressing,

  7. violations of the laws or customs of war.”

Introducing responsibility for an omission; Command responsibility is an omission mode of individual criminal liability:

The superior is responsible for_

  1. crimes committed by his subordinates and

  2. for failing to prevent or

  3. punish (as opposed to crimes he ordered).

The Yamashita courts clearly accepted that a commander’s actual knowledge of unlawful actions is sufficient to impose individual criminal responsibility.

Additional Protocol I

The first international treaty to comprehensively codify the doctrine of command responsibility was the Additional Protocol I (“AP I”) of 1977 to the Geneva Conventions of 1949.

Article 86(2) states that:

The fact that a breach of the Conventions or of this Protocol was committed by a subordinate does not absolve his superiors from …responsibility …

  1. if they knew, or

  2. had information which should have enabled them to conclude in the circumstances at the time,

  3. that he was committing or

  4. about to commit such a breach and

  5. if they did not take all feasible measures within their power to prevent or repress the breach.

Article 87 obliges a commander to

“prevent and, where necessary, to suppress and report to competent authorities” any violation of the Conventions and of AP I.

In Article 86(2) for the first time a provision would “explicitly address the knowledge factor of command responsibility.”

The term “command” can be defined as_

A.  De jure (legal) command, which can be both military and civilian. The determining factor here is not rank but subordination.

Four structures are identified:

  1. Policy command: heads of state, high-ranking government officials, monarchs

  2. Strategic command: War Cabinet, Joint Chiefs of Staff

  3. Operational command: military leadership; in Yamashita it was established that operational command responsibility cannot be ceded for the purpose of the doctrine of command responsibility – operational commanders must exercise the full potential of their authority to prevent war crimes, failure to supervise subordinates or non-assertive orders don’t exonerate the commander.

  4. Tactical command: direct command over troops on the ground

B. De facto (factual) command, which specifies effective control, as opposed to formal rank.

This needs a superior-subordinate relationship. They are:

  1. Capacity to issue orders

  2. Power of influence: influence is recognized as a source of authority in the Ministries case before the
    US military Tribunal after World War II.

  3. Evidence stemming from distribution of tasks: the ICTY has established the Nikolic test – superior status is deduced from analysis of distribution of tasks within the unit, it applies both to operational and POW camp commanders.

Additional Protocol I and the Statutes of the ICTY, the ICTR, and the ICC makes prevention or prosecution of crimes mandatoryThe Nuremberg Charter determined the basis to prosecute people for:

  1. Crimes against humanity: murder, extermination, enslavement, deportation, and other inhuman acts committed against any civilian population, before or during the war, or persecutions on political, racial or religious grounds in execution of or in connection with any crime within the jurisdiction of the Tribunal, whether or not in violation of the domestic law of the country where perpetrated.

The jurisdiction ratione personae is considered to apply to “leaders, organisers, instigators and accomplices” involved in planning and committing those crimes.

You should also try to prove the Malice of the SPDC. It is a state of mind that compels a person to deliberately cause unjustifiable injury to another person. At common law, murder was the unlawful killing of one human being by another with malice aforethought, or a predetermination to kill without legal justification or excuse.

The whole world knows that you would be able to show the proof of the Motive of SPDC.  As Motive is the cause or reason that induces a person to form the intent to commit a crime. It is not the same as intent. Rather, it explains why the person acted to violate the law. The knowledge that SPDC will receive the permanent dominance of Myanmar Military upon the death of the demonstrators is clearly the motive for those murders or massacres. But anyway the proof of motive is not required for the conviction of a crime. The existence of motive is immaterial to the matter of guilt when that guilt is clearly established. However, when guilt is not clearly established, the presence of motive might help to establish it. If a prosecution is based entirely on circumstantial evidence, the presence of motive may be persuasive in establishing guilt; likewise, the absence of motive might support a finding of innocence.

Instead of proper apology, or an acknowledgment expressing regret or asking pardon for a fault or offense from the SPDC Generals we are getting the excuses, to explain (a fault or an offense) in the hope of being forgiven or understood. SPDC falsely hope to be freed from the crimes, as from an obligation or duty. But sadly those were even not the explanations offered to justify or obtain forgiveness, nor reason or grounds for excusing: Senior General Than Shwe and other top generals must know that Ignorance is no excuse for breaking any law, local or ICC.

An excuse is essentially a defense for an individual’s conduct that is intended to mitigate the individual’s blameworthiness for a particular act or to explain why the individual acted in a specific manner.

To be excused from liability means that although the defendant may have been a participant in the sequence of events leading to the prohibited outcome, no liability will attach to the particular defendant because he or she belongs to a class of person exempted from liability. In normal circumstances, this will be a policy of expediency. Hence, members of the armed forces, the police or other civil organizations may be granted a degree of immunity for causing prohibited outcomes while acting in the course of their official duties, e.g. for an assault or trespass to the person caused during a lawful arrest. But in the Cases of the Crimes against Humanity, Genocide and Ethnic Cleansing or the Massacre of peaceful demonstrators and the point-blank shoot to killing of the Japanese Photojournalist cases at the ICC the above excuses are not valid at all. 

As a Law Professor, I hope you should told SPDC on their face to understand that they could not claim for the Diplomatic Immunity as they are not diplomats. It is for the exemption from taxation and ordinary processes of law afforded to diplomatic personnel in a foreign country only.

You should warn SPDC Generals that they should also understand that they could not claim for the executive privilege, exemption of the executive branch of government, or its officers, from having to give evidence, specifically, the exemption of the head of the government from disclosing information to inquiries or the judiciary. Claims of executive privilege are usually invoked to protect confidential military or diplomatic operations or to protect the private discussions and debates of the president with close aides. Efforts by various the head of the governments to gain absolute and unqualified privilege have been rejected by the International Criminal Courts.

So, Mr Sergio Pinheiro, as you had made the remark while delivering his annual report on the human rights situation in the country, adding events that occurred since issuing your last written report in August. From Sept. 26-28 when authorities used what you, Pinheiro called “excessive force,” including firing on and beating protesters, to rein in the large crowds. But your good self, Mr Pinheiro, could not present exact figures for how many had been killed and arrested, you cited other reports that between 30-40 monks and 50-70 civilians had allegedly been killed and 200 beaten. “It is difficult at this stage to provide you with accurate numbers of persons killed and arrested as well as those who are still detained,” you had said, adding that you hope to travel to the country to make a more accurate assessment based on witness testimonies and meetings with authorities.In accordance with a resolution passed by the Human Rights Council earlier in the month, you will urge authorities to carry out a set of actions, including conducting “independent and thorough investigations into the killings and enforced disappearances” as well as taking “action against those responsible.”

You said you will also press officials

  1. to reveal the whereabouts of missing persons,

  2. take steps to unconditionally release all detainees,

  3. grant amnesty to those who have been sentenced,

  4. allow them access to humanitarian personnel, and ensure for their physical and psychological safety. 

You and others in the international community have repeatedly expressed concerns about the fate of thousands of protesters who have reportedly been detained.

Thank you for calling on officials to “immediately and unconditionally release the detainees and political prisoners” including General Secretary of the National League of Democracy Aung Sang Suu Kyi, who you had noted had been held for exactly 12 years under house arrest.

“The stability of Myanmar is not well served by the arrest and detention of political leaders or by the severe and sustained restriction of fundamental freedoms,” you had further stated. “There will be no progress in Myanmar’s political transition unless ordinary people have space to express their views and discontent peacefully and in public.”

“My task is to offer an honest, complex, objective picture of the crisis … the excessive use of force, what’s happening in terms of detainees, the number of deaths,”you had said.

You  said that you would then present a report with your recommendations to the Geneva-based Human Rights Council on December 11.

According to you, ”I have reports that the chase of bystanders or people involved in the manifestations continues. I think that the situation of fear prevails. I don’t think that the repression has finished,” you said.

You said that reports of deaths, torture and disappearances of those taken into custody continue to come in. “What annoys me is that the repression has not stopped a single moment — this is what annoys me — despite all the universal appeals,” you rightly  told reporters at the United Nations, during a press conference at UN Headquarters, you said: “I don’t think that the repression… has finished,” adding that a “situation of fear prevails” in the country.

“I will ask free access, the secretary general will ask free access,” Pinheiro said, adding that visiting prison cells to speak to detainees was “a requirement.”

We hope you would not forget the above noble quotes and remarks you had given infront of the international media.

We hope and pray that you would not be constrained by the military junta,by hook or by  crook, but be able to go where you want in Myanmar as you had vowed.

 

Thanking You

Yours Humbly

 

Dr San Oo Aung