ASEAN LEADERS ARE BARKING AT THE WRONG TREE WITH THE WRONG CAUSE AND WRONG OBJECTIVE

ASEAN LEADERS ARE BARKING AT THE WRONG TREE 

WITH THE WRONG CAUSE AND WRONG OBJECTIVE

 

ASEAN leaders are complaining about the convenient way to solve the Rohingya problem.

But for the Rohingyas or Burmese Muslims or Christian Chins/Karens/Kachins and Buddhist Mons/Shans/Burmese etc AND the NLDS  and political opponents and armed rebel groups_

Whether the SPDC would accept them back is not their main concern. What is the consequences after repatriation is their only problem.

Jailed? Tortured? Is the main concern for all but ‘Village arrest’ (for Rohingyas only) is the problem.

No democracy, no Human Rights, no political life, no respect for the Rights of religious minorities and Ethnic minorities is their main concern.

But the lack of development, economic problems back home are the most important fact for all of them.

There is no clear cut line to DEFINE OR CATEGORIZE THEM INTO POLITICAL OR ECONOMIC MIGRANTS. 

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M’sia offers to help minority Malays in other countries BUT IGNORED THE MUSLIMS OF OTHER RACES EVEN INSIDE THEIR COUNTRY

M’sia offers to help minority Malays in other countries

BUT IGNORED THE MUSLIMS OF OTHER RACES

EVEN INSIDE THEIR COUNTRY

COMMENT: Malaysian government used to ignore the Myanmar/Burmese Muslim migrants in their country.

Red tape and toll gates managed by ‘Little Napoleons’ everywhere

This is against the Islamic teaching and the UNIVERSAL DECLARATION OF HUMAN RIGHTS CONCEPT.

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Solidarity Day with migrants

Solidarity Day with migrants

Posted on December 19th, 2008 by Nathaniel Tan

The Star:

ABOUT 1,300 illegal foreigners have died during detention in the past six years, Malaysia Nanban quoted Malaysian Human Rights (Suhakam) commissioner Datuk N. Siva Subramaniam as saying.

He said many of them died in immigration detention centres, prisons and police lockups because they were denied medical treatment at the right time.

He proposed that a doctor and a medical assistant be appointed in each detention camp and prison which should have the necessary facilities to transfer sick prisoners to hospitals during an emergency.

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STOP HATRED, STOP TRYING TO DIVIDE; FOR A LONG LASTING PEACE, PROGRESS, AND PROSPERITY

 

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Eroding the racial divide

Eroding the racial divide

Insight Down South, Star on line
By SEAH CHIANG NEE

Deepening globalisation has generated an ‘us vs them mentality’, compelling the various races to come together and work things out.

FASTER than anything else, globalisation has eroded much of the historical racial divide in Singapore, especially between Chinese and Malays, without eliminating it.

Given its longstanding nature, this scourge is unlikely to disappear any time soon, but the next best thing is happening.

Deepening globalisation has brought in new challenges (as well as benefits) that are compelling the various races to come together to work things out, instead of bickering over petty racial issues.

One perceived threat from the people’s point of view is immigration.

While the large-scale arrival of foreigners – mainly from China and India – has contributed significantly to the overall economy, locals perceive it as a threat that cuts across racial lines.

The strongest resentment against the presence of Chinese mainlanders, for example, has not come from the Malays or Indians, but from local Chinese.

Similarly local-born Indians have hit out against the new arrivals from their former motherland.

Race issues have been replaced by a common feeling that the local population is slowly becoming a minority in its own country as an overwhelming number of foreigners arrives.

To a large extent, this has helped to bond them.

“Its an emotional thing. The foreigners have brought the different races closer together,” a social worker said.

“It’s sort of an us versus them mentality.”

When Singapore’s most dangerous terrorist Mas Selamat Kastari escaped from a high-security detention centre, a shocked nation sprung into action to set up an island-wide search.

Joining hordes of security forces were volunteers who spread across residential estates to distribute pamphlets with the picture of the wanted Jemaah Islamiah leader.

Many were Malays, as was the large number of security forces hunting for Mas Selamat.

“This man is a threat to us all because he wants to bomb us irrespective of whether we’re Chinese, Indian or Malay,” explained a middle-aged Malay housewife on television.

This is the latest evidence that race relations in Singapore, particularly between Chinese and Malays, have significantly changed from the violent 60s.

More Malays – like other Singaporeans – are marrying outside their race. Last year three in 10 Muslims did so, compared with only 20% in 1997.

And in a recent survey, 94% of ethnic Chinese undergrads said they would not mind an Indian for a Prime Minister, while 91% would accept a Malay Prime Minister.

This is Singapore’s new generation, born after independence in 1965.

They have no living memory of the deadly race riots of the 60s.

Racial bonding has also another ally – education.

Last week I saw seven teenage students, obviously classmates, two Malays, an Indian and three Chinese, noisily lunching at a fast-food outlet. They were laughing and joking, oblivious of their different backgrounds.

This is actually a normal scene in Singapore schools these days (which still celebrate Racial Harmony Day every year), so common that it arouses little interest.

To an old journalist like me, however, who has lived through the worst of times of Chinese-Malay riots, the whole thing is a minor miracle.

Singapore kids have lived, studied, worked and played together for over 40 years.

To ensure racial and educational immersion, the authorities long ago imposed a rule that forbids neighbourhood schools from catering exclusively to any one race, but makes sure of a proper mix.

The same, too, applies in public housing.

The units of each block of Housing Board flats are apportioned roughly 70% to the Chinese, 16% to Malays and 8% to Indians.

Despite the progress, racial issues still surface even among the best educated.

Three young bloggers were prosecuted for posting racial remarks against Malays.

Two of them were jailed for making seditious remarks and the third sentenced to do work within the Malay community.

This would help him “correct his misguided dislike for Malays”, the judge said.

A shocking eye-opener came last year from – of all people – a Public Service Commission (PSC) scholar studying in the United States, Chuan Chen San, who remarked in his blog: “The Singapore Association (in the campus) has become an Indian association, so gross. And some more (they’re) non-Singaporeans. It’s just so repulsive, these ugly guys with dark skin and irksome features.”

“I still find Indians and Filipinos (dark ones) so repulsive and such a turn-off. Anyway, so now we have this ugly mass as our president (etc).”

The only merit of the case was the universal condemnation by Singaporeans of Chuan, who was criticised in strong terms by almost every one.

More serious are complaints often voiced by Malays and Indians of job discrimination.

These minority job seekers are angry over employers who asked them during interviews if they were proficient in Chinese or whether they could speak Mandarin, even in jobs that require no special language needs.

Landlords, too, frequently display bias against dark-skinned tenants; many of the room-to-let advertisements blatantly rule out Indians.

The government has warned against such racial discrimination and may take action to stop it.

One person is not too optimistic about the possible emergence of a Singaporean identity that is free of racial, language, religious and cultural identities of its people.

The cynic is Minister Mentor Lee Kuan Yew, who understands racial problems here better than most.

He said: “The melting pot idea (of throwing in all the races and hoping one day to pull out one people) is idealistic, but not realistic.”

The Golden days of the Great Shan Empire VII

The Golden days of the

Great Shan Empire VII

Detention of Ethnic Shan and other opposition Leaders

Read detail in Irrawaddy, “Detained Ethnic Leaders Denied Outside Medical Aid” By Shah Paung on January 8, 2008

Detained ethnic Shan leaders are being denied medical treatment from outside for serious health problems, according to the Shan National League for Democracy.

9883-khun-htun-oo.gif

SNLD chairman Hkun Htun Oo

SNLD spokesman Sai Lek told The Irrawaddy on Tuesday that prison authorities had rejected or ignored requests by the families of SNLD chairman Hkun Htun Oo and SNLD member Sai Hla Aung for medical attention from outside.

Hkun Htun Oo suffers from_

  1. prostate problems,
  2. diabetes,
  3. heart disease
  4. and high blood pressure.

Sai Hla Aung has_

  1. a hyperthyroid condition,
  2. diabetes
  3. and heart disease.

They were arrested in February 2005, together with_

  1. SNLD General-Secretary Sai Nyunt Lwin,
  2. Shan State Peace Council President Maj-Gen Sao Hso Ten
  3. and Shan politician Shwe Ohn, who was later released.

They were arrested days before a resumed session of the National Convention opposed by Shan leaders.

  • Hkun Htun Oo was sentenced to 92 years imprisonment and is detained in Putao prison, Kachin State.
  • Sai Nyunt Lwin received a 75 year sentence and is in Kalay prison, Sagaing Division.
  • Sao Hso Ten was sentenced to a total of 106 years imprisonment and is in Hkamti prison, Sagaing Division.
  • Sai Hla Aung received a sentence of 75 years and is in Kyauk Pyu prison, Arakan State.
  • Meanwhile, arrests of National League for Democracy members continue. NLD spokesman Nyan Win said five members of the NLD youth wing had been arrested between Burma Independence Day on January 4 and January 6. No reason has yet been given for the arrests.
  • According to the Assistance Association for Political Prisoners (Burma), based in neighboring Thailand, there are more than 1,400 political prisoners in Burma.

SPDC Junta and Myanmar Tatmadaw failed to understand that patriotism is not the sole property of the Myanmar Tatmadaw and its Generals alone.

Each and every citizen_

  • regardless of his race,
  • religion,
  • social status
  • or political alignment,

has the right and is duty-bound to show his sense of patriotism to the country he loves in his own way.

Tatmadaw failed to acknowledge that the opposition parties like NLD, SNLD etc are equally patriotic, if not more so than SPDC leaders.

Many opposition leaders, to name a few_

  1. U Gambari lead real Buddhist monks,
  2. Daw Aung San Suu Kyi led NLD leaders like U Tin Oo,
  3. U Hkun Htun Oo led SNLD Shan leaders,
  4. Min Ko Naing lead 88 Student leaders, like Ko Ko Gyi etc,
  5. Burmese Muslims such as, Daw Win Mya Mya (NLD Mandalay, Panthay) and Ko Mya Aye (88 Student leader)

Are unlike those in the SPDC and Tatmadaw,

  • have given up much of their comforts in life,
  • endured so much pain and humiliation
  • and even have been detained
  • and tortured
  • under the illegal, undemocratic, unjust, draconian laws of the SPDC.

SPDC Junta should answer my question even if their brain is slightly larger than a bird’s brain.

If sacrificing the major part of one’s life for the nation is not patriotism, what is it then?

It is extremely distressing that the ruling Myanmar Generals and Tatmadaw want to cling onto power instead of being an instrument for the peace, progress, prosperity, unity of Myanmar and power house to start an inertia of change to democracy.

Not only the different Races and religions have become the cause of disunity, hate, violence and turmoil but the Myanmar Generals and Tatmadaw show the world that they are even willing to assault, arrest, torture and kill their own monks to stop the momentum of people’s peaceful struggle to initiate the changes to democracy.

So what’s left now to think about the safety or guarantee of other minority races and religious groups’ fate, life and property ?

We all now witnessed that Myanmar Tatmadaw is even willing to sacrifice and annihilate any one or any obstacle on their way to the road to their permanent dominance of Myanmar. 

But the whole world looks quite cool, slow and looks like willing to patiently waiting forever for the SPDC promised, “Rice presenting on the moon-plate”

SPDC Generals should stop playing the politics of fear and intimidation on the unarmed Myanmar civilians. They should not politicise or use the national security as an excuse because it would be the most unpatriotic act, amounting to treachery.

We have journeyed together, sharing a common brotherhood for 60 years and we have attained wisdom and maturity to effect change that would create an environment where all of the Burmese/Myanmar citizens can have our voices heard, rights respected and continue to live together without fear or suspicion of each other.

We should not allow selfish Military Generals to sow the seeds of disunity, suspicion, hate and jealousy that will only be detrimental to us in this multi-racial and multi-religious nation of Burma/Myanmar.

As Barrack Obama, the US presidential candidate, said after his first defeat in the primaries:

‘Change is hard. Change is always met by resistance from the status quo. The real gamble is to have the same old folks doing the same old things over and over and over again and somehow expect a different result’.

We cannot and should not expect a better outcome from the same old Tatmadaw system over and over again. They will try to keep all the issues and dialogue in the back burner.

In order to create a just government for all of the Burmese/ Myanmars, we must strive to effect a change.

We have no much time to wait for the evolution, until or unless, UN and Mr Gambari could forced the snail paced present (almost effectively stalled) dialogue on the rocket louncher to install on to the fast track.

To bring about that change may not be that easy, it may be a monumental task, but there must be a beginning for all good things to happen.

Why shouldn’t it be now?

Is the saying, “Time and Tide wait for no man” irrelevant to the inhumane, noncivilized uniformed Tatnadaw?

Why did UN and the whole world allow the Junta to procrastinate when all of us already know that what the SPDC want was TIME only.

SPDC stupidly thought that time could heal the bleeding hearts of the people seeing their beloved revered monks beaten, arrested and killed.

It is now in our hands to make that change.

Do we have the will and courage to do so?

Except for the USA and EU leaders,

  • are ASEAN leaders,
  • OIC leaders,
  • Common Wealth leaders,
  • Non Allied movement leaders
  • and UN member countries’ leaders

all became cowards? Eunuchs with any B–ls? Greedy Crooks?

Or are they all willing to close their eyes, as the Burmese saying, “Myauk Thar_ Sar Chin Yin_Myaul Myet Nher_Ma Kyi Ne’.” meaning. “if you want to eat the flesh of the monkey, avoid looking at the face of the monkey.”

So carry on world leaders, just close your eyes to avoid seeing us beatened, tortured, arrested and killed by the Than Shwe Junta.

Please continue to enjoy the following article I republished from Irrawaddy.

Pro-Democracy Political Prisoners in Poor Health Condition
By Shah Paung
January 16, 2008

At least four detained political prisoners in Burmese prisons are in poor health and need medical attention, according to their family members.

The four political prisoners are Hla Myo Naung and Kyaw Soe of the 88 Generation Students group, who are both in Insein Prison in Rangoon; Win Maw, a pro-democracy activist, also in Insein Prison; and Myint Oo, a committee member of the Magwe Division of the National League for Democracy, who is in Mandalay Prison.

Hla Myo Naung has eye problems and is nearly blind in both eyes, according to a family member. He has had eye problems since October 2007, and was arrested while he was enroute to a Rangoon clinic to have an operation on the left side of one eye.

After he was arrested, authorities performed an operation on one of his eyes, but it was not successful and an eye nerve was damaged.

Family members of both Win Maw and Kyaw Soe said they received medical treatment in prison after they were tortured by the authorities in an interrogation center.

However, Win Maw has now contracted pneumonia. Kyaw Soe suffers from fainting spells. Both men were victims of water torture, according to sources.

A family member of Win Maw said they have not been allowed to visit him for nearly three weeks.

Myint Oo, who also suffers from pneumonia, began receiving medical treatment in a Mandalay prison hospital three days ago, according to family members.

Tate Naing, the secretary of the exiled-based Assistance Association for Political Prisoners (Burma), said that since August 2007, the military government has arrested more than 7,000 people, including pro-democracy activists.  Prisoners are not allowed to receive outside medical treatment.

88 Generation Students leaders Min Ko Naing and Ko Ko Gyi also have health problems, say their family members. They were arrested by authorities in August 2007.

According to the AAPP, there are more than 1,850 political prisoners in Burmese prisons.

 

Burmese Folk Tale, Puppet Master

Burmese Folk Tale,

Puppet Master

 

Once upon a time, that was a very long long time ago, in a beautiful prosperous country called Shwe Bama Paradise there was an old puppet maker name Ah Ba Aung.

He had a son named Mg Tat. As the name implies Mg Tat is megalomaniac and thought he knew every thing. So he decided to travel and work abroad to become rich. Father sadly gives him his favourite, precious four puppets,

  1. a Nat (Burmese version of guardian angel),
  2. a Be Loo (ogre),
  3. a Zaw Gyi
  4. and a holy monk.

Ah Ba Aung reminded Mg Tat to use his puppets wisely and explained him how to use them if he is in trouble.

On the first night of his journey, he was alone scared and out of curiosity but jokingly asked the Nat puppet whether it is safe to rest under the tree. The Nat suddenly came alive and advised him to survey and observe the surroundings first before sleep and he found out the foot prints of a tiger, climbed and sleep on the tree and was saved from the tiger which came again later.

The next day he saw a long caravan and he asked the Be Loo or Ogre how he could become rich immediately. Be Loo suddenly became alive and help Mg Tat to rob and take over the whole caravan. Be Loo taught him a lesson that “The Might is right and it is nothing wrong if he could take anything with force.”

He found Shwe Bama princess on a carriage and fall in love at first sight. Princess told him that she is the daughter of deposed King Lu Du and she was traveling with all their belongings on the way to join back her father.

Mg Tat, with the help and advice of the Be Loo took the princess by force against her will.

Mg Tat was confused and did not know what to do with the new found wealth and asked the advice of the Zaw Gyi. As Zaw Gyi was wise, powerful, know the science, weather, ground condition, could even fly, dive into the earth, he could give the detailed map of fertile soil and precious metal deposits to Mg Tat. Mg Tat became very rich in a very short time.

Mg Tat tried in every possible way to get the love of the princess but failed every time. One day the princess managed to escape from Mg Tat. Be Loo and Zaw Gyi could not give any help. Then only he remembered about the two puppets he forgot, the Nat he used once and the Monk he never asked for help.

Then only the two of them taught him that Power and Wealth only, never brings happiness.

Physical possession of the body with the Might could not get the Love and Loving Kindness.

The True Happiness comes only from pure heart and Good-deeds.

What one possessed is not important but how you utilize that possession is more important.

They reminded his father, Ah Ba Aung’s wise advice to use all four of the puppets wisely. As he was only using the Might of the Ogre and Wisdom of the Zaw Gyi and forgot to control those two with the Wisdom of the Nat and Goodness of the Holy Monk he was on the wrong track.

Might and power brought wealth but wealth brought in misery only. True happiness came from good deeds only.

Those two good puppets changed the life of Mg Tat. He does a lot of good deeds, donations and accidentally met the poor princess and her father, poor deposed King Lu Du. He apologized both of them, asked for forgiveness, give back the poor King all his belongings. He wanted to go back to his old village but the King immediately recognized his virtues and talent, offered him a job as his most trusted right hand man and offered him to continue to stay in the ‘palace’ he returned back.

Mg Tat gladly accepted to work for the deposed King, and later even won the trust of not only the king,  but of the princess and at last even won over her heart. They were legally married, Mg Tat became Ein Shei Min or Regent and at last the king of whole Shwe Bama country. And they happily lived ever after.

Zat paung khan (Epilogue):

Shwe Bama Paradise is Union of Burma.

Old wise puppet maker name Ah Ba Aung is our father General Aung San.

His son Mg Tat is the Myanmar Tat Madaw.

The Nat is Maha Bandula on special mission ordered by General Aung San to take care of his son, Tatmadaw. He advised me to keep quite like ‘The Royal drum which made the sound only if strike. The wise man, who only answered when asked for advice’ so I give this best advice at last at a crucial time only. I let Mg Tat or the Myanmar Tatmadaw alone to do what they like for a long time giving enough periods to learn its own lesson.

Ogre or Be Loo is not alone, represents three persons viz: General Ne Win, General Saw Maung and Senior General Than Shwe.

Zaw Gyi also represents: Russia, North Korea and Pakistan giving Nuclear Know-how, Thailand, China and India supporting economically and militarily.

Tiger represented foreign colonies including Fascist Japan.

Shwe Bama princess represented our beloved Daw Aung San Suu Kyi.

Looting or robbing of the caravan is the Coup.

King Lu Du represents Lu Du or all the people of Burma/Myanmar.

Holy man Monk represent, Sayadaw U Gambira led demonstrating monks.  

Lesson learnt:

  1. Might is not always right.
  2. Wealth could not buy the love.
  3. Wealth alone could not bring in happiness.
  4. How much wealthy is not important. How do we use the wealth is more important.
  5. Knowledge alone could lead to disasters.
  6. Might and Knowledge must be guided by Wisdom and Goodness.
  7. Might and power brought wealth but wealth brought in misery only. True happiness came from good deeds only.
  8. Physical possession of the body with the Might could not get the Love and Loving Kindness.
  9. The True Happiness comes only from pure heart and Good-deeds.
  10. What one possessed is not important but how you utilize that possession is more important.

A. Advice to Mg Tat or Myanmar Tatmadaw:

please open your eyes and ears and think about your beloved country and people. Don’t just obey the wrong orders of Be Loos or Ogres Generals like Senior General Than Shwe.

B. Advice to Ogres, SPDC Generals led by Senior General Than Shwe:

because of your wrong selfish advices and orders your Mg Tat or Myanmar Tatmadaw is now hated by all the people of Myanmar.

Please repent now and change  if you wish to see the happy ending of Myanmar Tatmadaw.

Give back the power you looted from the people and NLD.

Your good will could be rewarded back by NLD and people. At last after few years, your Military men could definitely win back the power in fair and square elections as your brothers in ASEAN.

Actually people love you in their hearts but because of your strong. cruel, violent and unfair tactics they hate you in the brains.

Metta is always reflected and flows to both side. If you could really give the tender loving kindness to all the people you would be respected and loved by all.

C. Advice to Zaw Gyis: Russia, North Korea and Pakistan, Thailand, Singapore, Malaysia, China and India to stop supporting economically and militarily to the illegitimate present Military Government.

D. Advice to Lu Du or the people of Burma: Please be brave, patient and continue with the Civil Disobedience. As our beloved Bo Gyoke had advised in the shortest speech before the revolution of Fascist Japan, “Search and attack the nearest enemy!”

If applied that General Aung San’s advice in the present situation, that could mean, “Search and attack the nearest Kyant Phut, Swan Arrshin, military personnal and police.”

[Adapted from Daw Khin Myo Chit’s “The Four Puppets,” Folk Tales from Asia for Children Everywhere.]

MAHA BANDULA

Akbar the Great Vs Than Shwe the Megalomaniac

  Akbar the Great

Vs

Than Shwe the Megalomaniac

We heard about the various rumours regarding the deteriorating mental health of the Bawa Shin Min Tayergyi Sr General Than Shwe and construction defects of buildings in Myanmar’s new administrative capital of Naypyidaw.

I suddenly have a de’ javu feeling about the similarities between the WHITE ELEPHANT CAPITAL’S of Akbar the Great’s Fatehpur Sikri  and Than Shwe the Megalomaniac’s  Naypyidaw.

Naypyidaw remains an architectural wonder in the forest with its gleaming, sometimes partially-completed buildings and bridges. A mega-project during Myanmar Military’s days of wasteful projects performed while the ordinary people have no rice to eat.

It is evocative of the great Mogul emperor’s Akbar’s deserted capital of Fatehpur Sikri.

Fatehpur Sikri is a city located 40km west of Agra, in the state of Uttar Pradesh and was the political capital of India’s Mogul Empire under Akbar from 1571 – 1585 AD. Akbar the Great was the Greatest King of India who was famous for the respect of other religions, Hindu, Christian, Jain etc and had started an Interfaith Dialogue. He had even went to the extent of trying to amalgamate the different faiths into one.

But Than Shwe was a Megalomaniac and worship the barrel of his gun more than Buddha’s statues and Monks. He showed the world that he love his power more than his religion. No wonder his sins are threatening his consciousness and causing the deterioration of his mental health.

 “If you slaughter the monks and those calling for democracy, when your regime falls, and it will fall, you will be pursued to every corner of the globe like the Nazi criminals before you,”

said the hawkish legislator from California. See_ Aung Zaw

News of Than Shwe’s mental illness started circulating in the Internet. It is widely accepted that Than Shwe has suffered from “stress” according to the Chinese authorites who visited him recently.

Internet blogger Moe Thee Zun reported recently citing the internal sources, Than Shwe became depressed after the collapse of the support of the Buddha’s Statue in his home. He became more nervous and anxious after witnessing the death of 28 Coconut Trees, which were planted as Yadayar to avoid the bad omen by the advice of His Sooth Sayers.

According to Irrawady news, excerpt of his ill health is as follows_

“One source told The Irrawaddy that Than Shwe had been depressed by a report by the head of the United Nations Development Programme in Burma, Charles Petrie, who was expelled from Burma recently. The report highlighted the junta’s economic failures and mismanagement.

Capital Fatehpur Sikri city  shared its imperial duties as a capital city with Agra and is regarded as Emperor Akbar’s crowning architectural legacy.

Construction of the new ceremonial capital, with its numerous palaces, halls, formal courtyards, reflecting pools, harems, tombs and a number of mosques satisfy his creative and aesthetic impulses, typical of Mughals. Fatehpur Sikri is a World Heritage Site.

And most of the people of Burma rightly expects that after the demise of the supreme dictator Senior General Than Shwe after the “Mad Cow disease” or “Rabies”, Naypyidaw would follow the same fate but could not become a World Heritage Site but the Myanmar’s Wastage Site.

A large number of masons and stone carvers worked hard for15 years on the construction of the Fatehpur Sikri city the size of which was larger than modern-day London. It served as the capital of his powerful kingdom for twelve years (1571-1585) and was unexpectedly deserted soon after the work was completed apparently because of the need of sufficient water supply.

Akbar did not settle in this splendid capital for long and reasons for leaving Fatehpur Sikri are as much secrecy as was its building. There are a lot of rumors as to the reason Akbar built the city at the chosen site by the Sikri Ridge. The name of the place came after Mughal Emperor Babar defeated Ranga Sanga in a battle at a place called Sikri (about 40 KM from Agra). Then Mughal Emperor Akbar wanted to make Fatehpur Sikri his head quarters. So he built this majestic fort. But due to shortage of water he had to ultimately move his HQ to Agra Fort.

Akbar had no child. After the blessing of Sufi Saint Salim Chisti he was blessed with a male child who became the heir to his throne, he was named Salim (after the name of Sufi Saint Salim) who later become Emperor Jahangir.

But its site could have been chosen more for its tactical site which lies on the highway between North and South India, and was of strategic value to control the huge Mogul Empire.

The magnificence of the city is greatly enhanced by the mosque which was the first structure to be built in the whole compound. The roomy courtyard added attraction and could accommodate ten thousand men at prayer. Akbar is reputed to have been so inspired by the atmosphere that he wept and gave a call for prayer or the ‘azan’ himself.

Naypyidaw was built to accommodate and centralise all of the Myanmar government’s administrative duties and is located 300km north of Yangon, near Pyinmanar.

The SPDC government wasted a substantial amount of money to build this defense intended military HQ city probably financed by Myanmar’s scarce revenue which in retrospect could have been better utilized for education and health.

Naypyidaw is seen by most of the visitors as a desperately barren city. One of the  reasons for its apparent bleakness is the
absence of adequate, convenient and reliable public transport from Yangon, Mandalay or from nearby Pyinmanar.

The Military Junta’s civil engineers built highways but possibly due to economic reasons or corruptionfailed to put in the quality and had just concentrated on quantity only. Unlike Singapore which plans and builds MRT lines and stations decades ahead of actual development, Naypyidaw’s planners blundered by building the city first and worrying about public transport later.

This blunder could prove critical as Naypyidaw stands harshly quiet as the world passes by. Military planners didn’t foresee the fact that the usage of cars, the prices of which were already beyond the per capita income of the average Myanmars, were further handicapped by rising costs of petrol, maintenance and tolls ensuring the reduction of private transport utilization.

Foreign diplomats refuse to shift their residence to Naypyidaw.

We hope that soon after the demise of the Great Megalomaniac HRH Than Shwe, successor General Maung Aye, who is from Mandalay and had already built a second new capital in May Myo, now called Pyin Oo Lwin. It is very near Mandalay, roads are excellent in Myanmar standard. After all it was the summer capital of British Colonial Government. So Naypyidaw is going to face the fate of Fatehpur Sikri.

Naypyidaw, as in Fatehpur Sikri, lies in risk of being entrapped in the words of Reginald Lane-Poole [(1857–1939) a British historian, archaeologist and orientalist,  born in London  on the 27th of January 1832.]_

‘Nothing sadder or more beautiful exists in India (for Naypyidaw case, Myanmar) than this deserted city, the silent witness of a vanished dream !

Read the Classic Poem

of the Great Burmese Poet.

The Pyinma* Stump
(Pyinma Ngote Toh)
Gnarled, grotesque and vulture like
Old Pyinma stump assumes an ugly sight
It stands alone on the mound height.
Its branching point has an old hole
Scab around it has hardened and old
It was eaten by white ants galore.
Near the mound bank the soil is parched
A soldier’s helmet and a dry cloth dummy perched
It points […]

Tiger Balm brothers, our prided migrants

 Tiger Balm brothers,

Aw Boon Par abd Aw Boon Haw,  

our prided migrants

 Aw Boon Par

Aw Boon Par was a Burmese Chinese entrepreneur and philanthropist. His family was of Hakka descent and his ancestors were from Yongding County in Fujian Province.This history of the legendary brothers Haw and Par and the origins of their genius trace back to Rangoon (Yangon), Burma, where it all began.

Aw Boon Par and Aw Boon Haw’s father Aw Chu Kin was very poor in China. According to his descendents left still in Burma, there was a severe drought and calamity in China.  Aw Chu Kin’s family could not afford to eat rice, noodles nor bread. Aw Chu Kin had to dig the ground and search for the edible roots. Aw Chu Kin’s brother was a Chinese traditional Medical men or Senseh in Rangoon and the business was doing well. He persuaded his younger brother to join him at the Paradise, Rangoon.

Aw Chu Kin, the young son of a herbalist in Amoy, a west Fukien province, left for Rangoon in the 1800s to seek his fortune. Aw Chu Kin decided to go to the faraway paradise but his money for the trip was not enough. His first stop was Singapore where he lived for several days in a kongsi house in the Chinese quarter of Telok Ayer Street. He had to stay and work for some time in Singapore. According to his descendents’ words, he was not happy in Singapore because it was infested with pickpockets, prostitutes, gangsters, mud and dust. While working at the Singapore port he always dreamed of the faraway paradise, Rangoon, Burma.

Once he had saved some money, he continued the trip but had to stop and work at the Penang Island. According to his descendents,  the condition of the Penang Island was also like the hell as Singapore at that time. At last he managed to save enough money to go to his ultimate destination of Paradise on earth, Rangoon. before leaving for . Rangoon beckoned and soon he was on his way.

Aw Chu Kin set up his own Chinese doctor (“sinseh”) shop with a little help from his uncle, and Eng Aun Tong, or the Hall of Everlasting Peace, was founded in 1870.

His brother allowed him to work together and later arranged for him to marry with the local Burmese Chinese girl. Boon Haw, the “gentle tiger” was born in 1882 and Boon Par, the “gentle” leopard” in 1888. Tiger and Leopard were dispatched to an English language school where Boon Haw’s singular talent was in street fights. The final straw came when he beat up his teacher. Chu Kin bundled off the problem son to China to grandfather’s village whilst the less spirited Boon Par stayed put in Rangoon.

In 1908, father Chu Kin died, leaving the family practice to Boon Par, having despaired of Boon Haw’s rebel-rousing ways. The gentle leopard, finding the responsibility too much to bear, later asked for his older brother’s return from China to carry on the family business in Rangoon.

Aw Boon Par later migrated to Singapore, where he began the business of Tiger Red Balm with his brother, Aw Boon Haw.

“I will learn all I can about Western medicine, you can prescribe Chinese medicine,” Boon Par said to his brother. “Together we won’t lose a single patient. He can choose between east and west and the fee will stay with us.”Haw later migrated to Singapore , where he began the business of Tiger Red Balm with his brother, Aw Boon Haw.

On this astute promise the brothers Haw and Par built an empire and a legendary fortune out of a formula for a cure-all ointment sold in a little jar. Today, Tiger Balm is sold in over a hundred countries, arguably the world’s best known analgesic ointment. The origins of that formula can be traced back to the time of the Chinese emperors who sought relief for aches and pains from the stresses of court hearings, and the strains of the imperial harem. The balm would have died with the dynasties had it not been for Aw Chu Kin, who breathed new life into the ancient recipe.

His legacy is found in the Haw Par Villas throughout Asia, with locations in Singapore, Hong Kong, and the Fujian Province.During the Japanese Occupation Boon Haw was in Hong Kong and carried on business from there while Boon Par shut the factory in Singapore and returned to Burma where he died in 1944.

References

  1. http://big5.ccnt.com.cn/china/surname/tribe/hu-5.htm 胡文虎

  2. http://big5.southcn.com/gate/big5/gocn.southcn.com/qw2index/2006hqjz/2006csrw/200606290033.htm

Notes from Talk Page:

This is an interesting read, but it’s almost as if it’s been translated directly from Babelfish or something. Not that it makes it bad — Though you’d probably find more information on Aw Boon Par here than in, say, the Encyclopedia Britannica.)

This latest posting is the personal accounts or the words of some of the descendents of the tiger balm brothers’ words. This is the truth known by many Burmese friends of those descendents but as I could not give definite references yet now, I hope other contributers would be kind enough to help search the relevant references. Some sentencs in the first and last paragraphs were copied and edited from the Wikipedia, Haw’s article.

I hereby apologize to all the Singaporeans (and Penang people) not to take as an insult for re-writting the conditions of your countries at that time. Congratulations for transforming the hells into heavens. But sadly our country lost the status of the jewel of the British Crown, Heaven and is now even worse than hell.Please kindly search references and help this article instead of just erasing all because it may be nice to have this part of the history in Wiki. So I hereby requested the Wiki editors or Administers to be patient and wait for someone who could upgade this up to the Wiki standards.

Ah Boon Haw

Ah Boon Haw ( Hú Wénh) was a Burmese Chinese entrepreneur and philanthropist best known for introducing Tiger Balm. His family was of Hakka descent. Boon Haw’s used his own a trademark: what else but his own name, and Tiger Balm was born.

By 1920 Aw Boon Haw, not yet 40, was the richest Chinese in Rangoon. Ever the risk taker, Boon Haw ventured south to Malaya and Singapore in spite of brother Boon Par’s reservation.

The sights and sounds of bustling commerce in the Malayan towns and Singapore’s port made his heart beat fast and his head race.

Studying the Singapore currency he saw the image of a snarling tiger in the watermark. That clinched it.The tiger tycoon moved into Singapore in 1926 and Eng Aun Tong found a spanking new home in the busiest port in the region. A new and larger factory was built along Neil Road where production was ten times more than that of Rangoon’s.

Aw Boon Haw plied small towns in Malaya in his custom-made car which had a head fabricated like a tiger. When the kampong folks crowded around, he would distribute samples of Tiger Balm and its sister products and win still more customers.

Haw Par Villa, was built on a hill in Pasir Panjang surrounded by unique gardens depicting Chinese mythology for the younger, quieter Boon Par in 1937. Also known as Tiger Balm Gardens, it was free to the public. (Tiger Balm Gardens was later donated to the Singapore government by the Aw family, put on public tender for re-building as a theme park under the name Haw Par Villa. This theme park is no longer associated with the Haw Par group).

With factories and distributorships firmly established in Malaya, Hong Kong, Batavia, cities in China and Thailand, and with wealth and status long achieved, Boon Haw next channelled his energy into diversification, which would include publishing and banking.

Haw founded several newspapers, including Sin Chew Jit Poh  and Guan Ming Daily, which are both based in Malaysia. Sing Tao Daily  dates back to 1938 and is currently based in Hong Kong.

While on a trip to Hong Kong from Boston in 1954, Haw died at the age of 72 from a heart attack following a major operation.

Note: Ah Boon Haw is often translated into Cantonese as Wu Man Fu. Haw’s sister’s name is Wu Sin, as mentioned in the Sing Tao Daily.

There was a public forum on 25.03.2007  in Kuala Lumpur, Malaysia, on the topic of Chinese Press in conjunction with the 125th anniversary of the birthday of Aw Boon Haw, the legendary media tycoon who founded the Sin Chew Daily (Singapore/ Malaysia) and Sing Tao Daily (Hong Kong), and a host of over forty other titles across South East Asia.

Aw’s life spanned across the late 19th century through the early 20th century, leaving behind a lingering legacy in which he was enduringly remembered for helping to nurture and sustain Chinese education and culture.

During the Japanese Occupation Boon Haw was in Hong Kong and carried on business from there.

 After the war Aw Boon Haw returned to Singapore, reopened his factory and newspapers, repaired his homes and gardens and established the Chung Khiaw Bank in 1950.

He placed the management of the bank under the leadership of his son-in-law, Lee Chee Shan.

References
  1. ^ hawpar.com/heritage

  2. ^ Bloger Jef Ooi [1]

  3. Haw Par Heritage.[3]

  4. Haw Par corporation.[4]

  5. (Chinese) 胡文虎

  6. (Chinese) 胡文虎父女的汕頭緣

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 

UN, US, EU and ASEAN must consider for the Restitution to Myanmar/Burmese Citizens

UN, US, EU and ASEAN

must consider

for the Restitution 

to Myanmar/Burmese Citizens

Dr San Oo Aung

During the dialogue for the democratization of our country, before forming a transitional interim government and drawing the new constitution, we definitely need a reconciliatory talks.

Now, if the SPDC Junta refuses the demands of UN, US, EU and Burmese opposition, they should be threatened with the ICC. But if they give in and start a reconciliatory process and allow Daw Aung San Suu Kyi led NLD and opposition, UN, US, EU and all the opposition should guarantee the safety of Myanmar Tatmadaw and SPDC Generals. Facts to offer as carrots to the military during reconciliatory talks_Burmese opposition esp. NLD must promise and guarantee the safety of all the SPDC Generals, soldiers, USDA, Swan Arrshin and their families.

1.      U Kyi Maung’s speech of sending Military Generals esp. General Khin Nyunt to Nuremberg had made the Generals scared to death and refused any negotiation.

2.      Daw Aung San Suu Kyi also failed to convinced the Generals. She said that she could forgive and forget but whether to take action on the perpetrators of atrocities, it is up to the victims and Burmese people. In stead of those words, she should give very strong guarantee by saying that if anyone wants to revenge the Myanmar Tatmadaw Generals and personals, she would personally defend. Even should use the words, over her dead body.

When I mentioned about the granting carpet amnesty and formation of Interim government together, some of my shortsighted comrades are angry and even accused me as SPDC admirer. They pointed about the sufferings of activists who sacrificed their lives, jailed, tortured, wounded, crippled, lost jobs etc. Instead of punishing the alleged criminals or alleged offenders we should look at the Restitution process.

1.      I just pointed out to them that if they are powerful enough and could overthrow SPDC by force, go ahead. Now we are powerless, weak and we are not in any position to impose our will on SPDC by force. If we want them to transfer the power peacefully, we must negotiate and guarantee their safety.

2.      And what is the use of hanging or punishing the dethroned dictators if we ignored the sacrificed activists. Just see Iraq. We must try to forget the incidence and give up the attempt to punish them even if we could not forgive the perpetrators.

3.      Like the no fault compensation in some insurance schemes, the State of Burma/Myanmar should compensate all the sufferers, with lump some rewards, monthly pensions, giving employment, projects, land, shop-lots, interest free loans etc.

4.      Then only it will be a win-win situation for all of us, including SPDC and Tatmadaw. After all we could not disband the 400,000 strong Myanmar Tatmadaw. Just look at what happens in Iraq. Not only the jobless ex-military could give trouble, our country’s security would be compromised. We need them to protect us from foreign aggressors and hard-line separatists to prevent the total disintegration of Burma/Myanmar.

Restitution process

In some of the developed countries’ criminal laws, there are new victim-oriented, or aims for the restitution of the victims. Its goal is to repair any hurt inflicted by the offender on the victim through state authority. It is commonly combined with other aims.

1.      Restitution process is the act of restoring to the rightful owner something that has been taken away, lost, or surrendered. You could call in any name: Reparation, compensation, damages, amends, reimbursement, recompense, indemnification, offset, quittance, redress, reparation, repayment, satisfaction, setoff, substitute, reward, repay, recompense, remunerate, repayment, refund or better call as rewards for the sacrifices for the country.

2.      The act of making good or compensating for loss, damage, or injury; indemnification.

3.      A return to or restoration of a previous state or position.

4.      Act of making good or of giving the equivalent for loss, damage, or injury.

We should avoid using any local or International (ICC) criminal law if SPDC agrees for a dialogue under auspices of UN combined with other countries, e.g. ASEAN, China and India etc. No need to formally abide by the body of law local and international, that defines criminal offenses, regulates the apprehension, charging, and trial of suspected offenders, and fixes punishment for convicted persons.

We all must be willing to waive the rights of indictment of any person in and affiliated to SPDC and Myanmar Military according to any Laws. (Indictment means, a written statement charging a party with the commission of a crime or other offense, drawn up by a prosecuting attorney and found and presented by a grand jury.)

But if SPDC refuses for a proper dialogue_We all have enough evidences to charge the accused, SPDC and affiliated parties and Myanmar Military. They all must be prepared to be the defendant or defendants in the criminal cases, Crimes against Humanity, Genocide and Ethnic Cleansing etc. at ICC.We could 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 Photojournalist “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.

We all could 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 and we all could 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.Don’t make excuses, make good.

Two wrongs don’t make a right, but they make a good excuse.” Thomas Szasz.

And oftentimes excusing of a fault doth make the fault the worse by the excuse.” William Shakespeare.  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.But SPDC Generals are adamant, impervious to pleas, appeals, or reason; stubbornly unyielding. They stood firmly, often unreasonably immovable in purpose or will: They are inflexible, not easily bent; stiff or rigid. Incapable of being changed; unalterable nor unyielding in purpose, principle, or temper; immovable. They are not exorable or capable of being moved by entreaty; pitiful; tender. They are stubborn, unreasonably, often perversely unyielding; bullheaded. Or firmly resolved or determined; resolute, obstinate, characterized by unnecessary perseverance and persistent. They are difficult to treat or deal with; resistant to treatment or effort: stubborn soil; stubborn stains.

SPDC Generals should 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.

SPDC Generals 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, though the local remain inclined to support most claims of executive privilege. Where criminal charges are being brought against the head of the government, the claims of executive privilege are weakest.The International Court of Justice (ICJ) (also known as World Court) is the judiciary organ of the United Nations. It settles disputes submitted to it voluntarily by states (only), and gives advisory opinions on legal questions submitted to it by other organs of the UN, such as the General Assembly or Security Council. A recent development in international law is the International Criminal Court (ICC), the first ever permanent international criminal court, which was established to ensure that the gravest international crimes do not go unpunished. The ICC treaty was signed by 139 national governments, of which 100 ratified it into law by October 2005.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). 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.” The “Medina standard” is based upon the prosecution of US Army Captain Ernest Medina in connection with the My Lai Massacre during the Vietnam War. It holds that a commanding officer, being aware of a human rights violation or a war crime, will be held criminally liable when he does not take action. In The Art of War, written during the 6th BC, Sun Tzu, argued that it was a commander’s duty to ensure that his subordinates conducted themselves in a civilized manner during an armed conflict.The Hague Conventions IV (1907) was the first attempt at codifying the principle of command responsibility on a multinational level. 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 “order[ing], or, with knowledge thereof and with power to intervene, abstain[ing] from preventing or taking measures to prevent, putting an end to or repressing, violations of the laws or customs of war.”Introducing responsibility for an omission(Tomoyuki Yamashita, 1945)Command responsibility is an omission mode of individual criminal liability: the superior is responsible for crimes committed by his subordinates and for failing to prevent or punish (as opposed to crimes he ordered). Following In re Yamashita courts clearly accepted that a commander’s actual knowledge of unlawful actions is sufficient to impose individual criminal responsibilityAdditional Protocol IThe 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

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

  2. 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.

  3. 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.Restitution process to consider for all the Myanmar/Burmese citizens abroad.

Although there are some sympathetic considerations for the Burmese/Myanmar citizens by few countries, most of us unfairly discriminated even amongst foreigners in many countries.

Except for the US and EU countries, ASEAN, China and India etc. countries wish to continue their trade ties with the SPDC Junta. In their own local countries’ laws and international laws, those who try to cover up the crimes, protect the criminals or accepting the ill-gotten property or money is illegal criminal offence, many countries are willing to continue the relations with those SPDC Criminals. And they are the ones who are punishing the Burmese/Myanmar citizens because of the acts of the successive military leaders.

 

Because the military government refused to sign visa free status to their citizens, esp. ASEAN governments, they denied the ordinary Myanmar/ Burmese these rights of visa free status. But with the excuse of government to government dealing, they granted visa free for the military authorities of Myanmar.

Although they (esp. ASEAN governments) signed the double taxation agreement with the military government they refused (esp. ASEAN governments) denied the rights of the Burmese citizens after Myanmar Embassies illegally taxed their citizens abroad.

We are not asking for special favors or the facilities that are reserved for your citizens only. But please kindly treat all of us with the same privileges or chances or favors you all reserved to your most favored foreigners from your most favored countries.

Why US, EU, Australia, Canada, Singapore and other developed countries could give training jobs for the SPDC selected and sent specialists but not the individual, private Myanmar/Burmese doctors, engineers etc. Especially UK, US and Singapore not only refused to recognize the Myanmar Medical degrees but also refused the privately applied individuals for the training posts but always ready to grant to the SPDC doctors.

EU especially UK Medical Council, Immigration etc. are also giving special privileges to the fellow EU countries’ workers, professionals and doctors. EU and UK should give the same privileges to the Burmese/Myanmar citizens as a special arrangement as part of the restitution process.

UK professional governing bodies such as GMC stop Burmese Medical degree recognition because the military government ignored their supervision process. And the other professional bodies and other countries such as Singapore, Hong Kong, Brunei follow the UK trend and derecognize as. All the countries are punishing Burmese/Myanmar professionals because of Myanmar Military Juntas’ action. At least you all should allow all the Burmese professionals after supervision/temporary registrations as internships (House Surgeons, House Officers etc.) for few years. ASEAN scholarships and many other training and scholarships given out by e.g. other government, semi-government and private big companies’ (PETRONAS, IJN etc.) are usually given to SPDC selected candidates.

If ASEAN wish to keep Myanmar SPDC in ASEAN, do not wish to jeopardize their cozy relation relationships, they could continue given them as G to G arrangement but they all should offer the same amount of scholarships and training posts to the private individual Burmese/Myanmar citizens.

In some of the developed countries’ criminal laws, there are new victim-oriented, or aims for the restitution of the victims. Its goal is to repair any hurt inflicted by the offender on the victim through state authority.

Please kindly allow me to request world leaders, UN, US, EU, ASEAN, Japan, Korea etc to kindly consider to help made it easier for the various Myanmar/Burmese migrants to work, study, settle or take refuge in your countries.

Singapore should give Myanmar professionals and others as the same privileges for allowing to work and practice, as those from Hong Kong, Taiwan and other western countries.  Malaysia should accept the Myanmar professionals and citizens with the same fast tract that they had accorded to their brothers, Indonesians.

We could even see a lot of Indonesian sweepers, toilet cleaners holding the Malaysian Red and Blue ICs. Some of the MPs, Ministers, Chief Ministers are also Indonesian Malaysians. Some are just second generation migrants only, e.g. the present Selangore Chief Minister. His father was reported in the Malaysian English daily to be an Indonesian migrated into Malaysia as a lorry driver! But it is very difficult even for a Burmese professional to get a PR. It is almost impossible to get the citizenship because of red tapes and conditions and requirements imposed on all others except for Indonesians.  

We all know the very special status and support given by Malaysia on Bosnia and other refugees. Talking about refugees, the western democracies are also rumoured to have secretly instructed the UNHCR to accept ONE ETHNIC MINORITY professing ONE RELIGION only. It is difficult to prove but all of us could see very clearly.

If Singapore and Malaysia wish to continue to accept Myanmar SPDC, they should seriously consider compensating Myanmar/ Burmese citizens with the special privileges they used to extend other preferred foreigners. 

At first many leaders around the world could not believe or some of them closed their eyes or look away from our country and blatantly claimed that there is no war in Myanmar, no atrocities committed on various minority religious groups and ethnic minorities. Even those practising the same religion or descended from the same ethnic groups denied or brushed off that there was no ethnic cleansing, racial and religious in Myanmar, just to easily deny a helping hand to those who migrated and requested to easy resettlement or refuge in their countries.It is a blessing in disguised that the stupid or dumb SPDC military generals decided to use force on peacefully demonstrating revered monks and the Burmese civilians. Now the SPDC’s real natured is exposed and the whole world had witness with their eyes about the cruel Myanmar Military. And it is clear that they are defiant and never give a dam care to the UN, UNSC, world political and religious leaders’ appeals.

We, Burmese expartrites, wish to look forward and prepare for the future of our whole family and our relatives.  We don’t want to look back over our shoulders with fear nor maintain the umbilical cord with the Myanmar, we left. 

As it now stands, we cannot plan for our future because of the ASEAN governments’ very strict policy of citizenship rules.  Our wish to give undivided full loyalty to our adopted new home cannot be fulfilled.We could not sponsor even our closed relatives; parents, brothers, sisters etc.

ASEAN governments should kindly reconsider this present ruling. After all, if our parents and near relatives are here, out of Myanmar, no need to send our money back home to Myanmar but need to spend in your own country!

The Myanmar Embassies around the world are so happy to collect income taxes (obviously double taxation for all the Myanmar PP holders) and all the various exuberant fees to endorse, renew and for issuing of new Passports.           

When the Malaysian government announced that they are building 3000 (three thousand) schools for the INDONESIAN MIGRANTS’ children, they put out the order that other MIGRANTS’ are not allowed to attend the government schools. This includes the legal workers, professionals and doctors working even for the Malaysian government. Even the highest pay migrant professional doctors’ salary in Malaysia is less than the ambulance driver’s salary in the west, they could not afford to send to the very expensive private schools. I am worried about the emergence of illiterate Myanmar refugees in a dozen of year from now in Malaysia, giving social problems as they are denied schooling because their parents came from Myanmar but not from INDONESIA.

And UIA or IIU (International Islamic University) had accepted Burmese students in their Medical Faculty before. But now they totally refused to accept Burmese Students in Medical course.

 The funniest and shameful thing is that the Islamic College in Malaysia tried to refuse Myanmar students (even the Muslim students) because they don’t have the agreement with the SPDC atheist government. But they are willing to accept even the Hindu students from India because Indian government signed an agreement with them. They seems to be out of touch with foreign news, even failed to watch the Al Jazeera TV channel about SPDC atheist government soldiers beating and killing of monks. I hope that the college authorities are not glued to MTV and TVB all the time and are ignorant about the ethnic cleansing and Genocide of Muslims in Myanmar/Burma.

 

No wander all of their OIC leaders used to shamelessly ignore the plights of discriminated downtrodden minority Muslims from Myanmar/Burma, Kashmir, Chechnya, Xingan, Yunnan, and from all over the world but KEEP ON DENOUNCING ISRAEL and US. And KEEP ON SUPPORTING PALESTINES and IRAQ uselessly as parrots.