Dream Interview VII, Rule by Law (of the Jungle)

Dream Interview VII

Rule by Law (of the Jungle)

BURMA DIGEST: Good evening Datuk Sri. Kindly allow me to continue with our dream interview. May you kindly explain us about the concepts of Rule by Law.

H. E. Mr Anwar Ibrahim…The SPDC Junta is seen to be worse than using that Rule by Law. They are seen as not even using the proper Law to suppress the unarmed peaceful demonstrators and the whole country.

Let’s start with the concept of the Mobocracy where_

i. Political control by a mob.

ii. Using the mass of “common people” as the source of political control.

You could see this trend becoming popular nowadays because the dictators around the world became modern, they are more concern about their image among their people and in front of the political spectators around the world.

We noticed the use of SPDC affiliated civilian thugs USDA, Swan Arrshin together with Military Intelligent Provocateurs or instigators disguised as civilian demonstrators in the Monks led peaceful protests in Burma.

BURMA DIGEST:How do you see the “Laws” of the SPDC?

In contrast to the democracy where the ultimate power of the government is in the hands of the people, where did the SPDC’s power based?

Answer…After all for the Military Dictators like SPDC, “the power came out from the barrel of the guns.” Any thing came out from their mouth became the order or Law of the day to be obeyed by all the civilians and the Tatmadaw.

The SPDC Generals don’t want any excuses, job done or report of mission accomplished only accepted.

The Military Personals are only taught strictly to just obey the orders. No questions nor excuses or reasoning are allowed to scrutinize the order whether it is right or wrong, just or unjust, appropriate or not etc.

Military people are trained to fight, assault, kill and obey the order given by their superiors only.

They should not be the masters or leaders of the country, giving the orders to the people. The politicians who are chosen by the people are qualified to lead and give orders not only to the people but even on to the whole military.

BURMA DIGEST:In Myanmar, the military rulers are above the Law. The double standards in the implementation of law are ever present under dictator Myanmar Military rulers. Any comments?

Answer…There is one privileged law for the ruling elite like SPDC Generals, staying even above all their own laws and another unfair cruel suppressive law for the rest especially for the opposition.

All the ordinary citizens are coerced into submission, cowardice and obedience by the Rule by the Law. Their Military Laws or Martial Laws are also could be regarded as the Laws of the Jungle.

Under the SPDC there are another few sets of Laws:

  1. For the ceased fire rebels

  2. For their cronies and families

  3. For the rich who could grease the local and central Military authorities

  4. For the opposition

  5. For the Ethnic Minorities

  6. For the Religious Minorities, especially for the Rohingyas etc.

To be called a democratic country;

  1. we must enact just and fair laws for all the citizens of Burma/Myanmar.

  2. In addition, no one must be above the law: whether he is from Military, a General, Senior General, King, President, Prime Minister, Cabinet Minister, opposition leaders or opposition party members, mixed blooded relatively new citizens or Ethnic Minority.

  3. We all need the progressive, longsighted Governments that always avoid or refrain from interfering in the way of their citizens’ ability to make a living and progress will always end up ruling over the wealthiest countries.

BURMA DIGEST: Could you kindly analyze the so called “Laws” of SPDC?

Answer…In the SPDC’s Rule by Law_

  1. there is almost no pre-written just and fair law.

  2. Even if there are Laws, they never respect nor protect the rights of each and every citizen.

  3. No one is above the law except the military rulers, cronies and families

  4. and they are more than ever ready to prosecute or persecute any opponents

  5. by using their unjust laws.

Myanmar Military dictators rule by law_

  • not because the law is higher than theirself

  • but because it is convenient to do so

  • to protect their total and permanent dominance.

BURMA DIGEST: What about using the Emergency or Security Laws to lockup the opposition?

Answer…In Rule by Law, the governments like SPDC use laws as the most convenient way to govern or subdue the people.

For example, Emergency Acts section 5 of Myanmar or Internal Security Acts or Terrorism Prevention Acts and all the “Laws” in many countries that could lock-up the opposition leaders and members conveniently without needing to formally charge in the conventional criminal courts, are cruel and inhumane.

The opposition leaders are_

  • conveniently denied their rights of self defense

  • in a proper court of Justice

  • but sometimes arrested without hearing

  • or are forced to appear in a Kangaroo courts

  • to face the trumpeted charges

  • in front of subservient eunuch Judges

  • without the help of legal representation

  • or presence of their defense lawyers.

And most of the dictators use the unfair, restrictive laws such as Printing Press acts, and various restrictive acts, rules and regulations to control the every citizen’s daly life.

Question: Let’s go back to the Rule of Law to see the differences between them.

Answer…Rule of Law is opposed by authoritarian and totalitarian states like Myanmar SPDC Junta.

But even many of the authoritarian and totalitarian states accepted and partially practice the rule of law because some of these laws ultimately enhance the power of the dictators disguising as for the security of the “state” and the “nation”.

They used the bogyman, neo-colonists, communists, foreigners, internal traitors.

They used the excuses of peace and stability of the country, security of the country, for the sake of economic progress, scarring away the foreign investors and tourists etc. asking all the people to stay united behind them, (read: not infront of them, opposing or confronting the great leader and not to support the opposing person or party.) and continue to support them.

So it is more convenient for those governments to adopt the principle of rule by law rather than rule of law.

But for the SPDC Military Junta rulers and law are synonymous —

  • Sr General is the ruler

  • and his words are LAW.

So the laws of the SPDC are simply their will or desire or orders for the citizens to obey without any questions.

The new LAWS, acts, Rules and regulations are ordered on and off according to their whims and fancies.

In the SPDC Military Junta_

  • the government possesses the inherent authority to act purely on its own volition

  • and without being subject to any checks or limitations.

Rule by law can be both ad hoc as the Orders or Laws from the SPDC according to their whims and fancy (which is genuine despotism) or principled.

Principled rule by law theory shares with rule of law theory the arguments that a stable, generally recognized law is needed in order to maintain generality, impersonality, and effectiveness of government.

Thus principled rule by law theory allows for what Fuller has called “the internal morality of law” to the extent that this is prudentially justifiable as conducive to the ends of government.

The SPDC Junta Rule by Law, because the Myanmar Military government uses law as the most convenient way to govern or subdue its own people.

Question: What is the basic flaw of SPDC Laws?

Answer…The basic flaw or the mother of all the problems with the Laws of the SPDC and successive military governments in Burma is that_

  • it is run by military,

  • and they are almost uneducated,

  • inexperienced,

  • no training nor experience in management,

  • no training nor any experience in the Judiciary and Law

  • no training nor any experience in the economy

  • they have no common sense

  • they are megalomeniacs

  • intoxicated in power

  • corrupted

  • greedy

  • no proper moral and religious education

  • and are flawed in character.

The military personals are not virtue machines. Even the best of us as human beings are vulnerable to the call of the low:

  1. to greed,

  2. conceit,

  3. insensitivity,

  4. ruthlessness,

  5. the desire to show_

  • we’re in control,

  • in charge,
  • in command.

So the all powerful Myanmar military generals became megalomaniacs and autocrats”

So the problem with SPDC military government is that it is_

  • run by military

  • and not, saints

  • nor angels

  • nor technocrats

  • nor experts.

And they do much mischief. They inevitably produce a great deal of injustice, corruption and heartlessness.

Question: Is that the standard behaviour of all the powerful governments? What should we do?

Answer…The military leaders or generals in the SPDC government often get carried away with their unlimited, unchecked power and authorities.

And they don’t always even mean to. The SPDC government is like a steamroller; the force of forward motion carries them along.

There is inevitably unaccountability, and in time, often indifference about what the steamroller rolls over. Moreover, no one is looking out and being protective of what the steamroller is rolling over–

    • traditions,

    • shared beliefs,

    • individual rights,

    • old assumptions,

    • oppositions,

    • ethnic minorities,

    • religious minorities

    • and even Buddhist Monks are being rolled over today.

This is essentially, why people of Burma don’t like the SPDC government.

“Government is not reason, it is not eloquence, and it is force; like fire, a troublesome servant and a fearful master. Never for a moment should it be left to irresponsible action.

George Washington.

That government is best which governs the least.

Thomas Jefferson

Question: Could we Burmese expect the Rule of Law in the future Military promised democracy?

Answer… I don’t think so.

The Rule of Law is not practiced under the present political leadership of Sr General Than Shwe, and that we are a far cry from the day when we can even call our country a guided or disciplined democracy which SPDC is promising.

For those die-hards_

  • who are hoping against reality that

  • Myanmar Tatmadaw will bring us the much yearned for reforms,

  • and who still insist that SPDC must be given more time to fulfill its pledges,

the present ruthless crushing of the peaceful demonstrations of the monks episode is the proof that they are wrong.

I wonder why there is no international court of laws where citizens could conveniently or easily file a case against their corrupt governments like Myanmar SPDC?

Isn’t there anything anyone can do about it?

Why ASEAN, EU, UN and the rest of the worlds’ leaders could just close one eye on SPDC generals,

  • regarding or giving a lame excuse this as an internal affairs of a country

  • which they should not interfere

  • and morally corrupted greedy governments shamelessly continue trade and exploiting with the half opened remaining eye.

  • And worse of all most of them failed to help the ordinary Burmese citizens inside and outside Burma.

I could sadly see the Burmese people’s role as only performing the duty of rubber-stamping the SPDC Constitution for the permanent dominance of Military.

So the future role of nonmilitary ordinary Burmese Citizens are sure to be degraded to just confirming or approving the showcase of sham elections not unlike the elections under communists and dictators.

The SPDC is going to stream-rolled the so-called seven steps to democracy with their tanks on all the citizens and seems to be ready to sacrifice by even flattening the monks.

BURMA DIGEST: I could hear the voice of Azan for morning prayers Datuk Sri. We really thank you for giving the whole night for our dream interview.

Please kindly send my regards and heart felt thanks to the following persons_

Your Mrs, Justice Party Chief, YB Datin Sri Wan Aziza Wan Ismail for the kind (real) interview and very kind support of our Burmese opposition especially the supports on Daw Aung San Suu Kyi.

Your Justice party Deputy Chief, Encik Azmin Ali and wife, for helping our family on numerous occasions.

Encik Ahmad Azam Abdul Rahman, Chairman of the Global Peace Malaysia, for the (real) interview and numerous request to Datuk Sri, on our behalf.

DYMM (HRH) Raja Petra Raja Kamaruddin for the Free Anwar Campaign (he was my hero because he had done a lot for Datuk Sri, which I even could not or even dare not dream.)

National Laurate, Datuk Syed Ahmad Bin Jamal and wife Datin for the numerous request to Datuk Sri, on our behalf.

Your lawyer, Aasil Ahmad Anwar Ibrahim & Associates for the kind reply but short of approval.

Ms Elizabeth Wong for sending the Press Statements of President of Keadilan to me.

Kindly allow me to apologize again for writing this VIRTUAL DREAM INTERVIEWS as FICTION without prior consent from Datuk Sri and lawyers.

H. E. Datuk Sri Anwar Ibrahim… Hmm… I have to think over and talk to my lawyers what to do with your dreams. Any way, we have no much time because your dream is so long, I even hear the sound of calling for the morning prayers, let’s go to the mosque together, for the morning prayers.

So both of us went to the National Mosque, all the people including the Imam of the mosque requested DSAI to lead the morning prayers.

TQ very much DSAI to include in the prayers for Burma, all the citizens of Burma including Burmese Muslims, Rohingyas, Ethnic Minorities and refugees. My tears flow down when you remember to include the safety, health and release of Daw Suu and other political prisoners of Myanmar.

Yes, you are 100% right Datuk Sri, we have no choise, no power except for the prayers for Burma.

 

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