'Urgent calls' -REACTION TO UN HUMAN RIGHTS ENVOY'S OPINIUM-MIZZIMA

http://www.mizzima.com/edop/letters/1202-urgent-calls.html


'Urgent calls'
by Mizzima News
Tuesday, 28 October 2008 11:42

To the Editor:

Related: "Burma unripe for democracy at present" Mizzima.com (25th October, 2008).

UN Human Rights Envoy Mr.Ojea Quintana recently made an appeal to the international community at the UN General Assembly. After his appointment as the UN's Special Human Rights Envoy for Myanmar (Burma) in May 2008, he officially visited the country in the aftermath of Cyclone Nargis and made his assessment. His overall view was that the situation in Burma is unripe for a democratic change at present. He put forward four fundamental points to develop the needed change.

His four point suggestions have been criticized and I feel a situational analysis is needed to elicit an unbiased view from the international community, and serve as a reminder for the stakeholders in Burmese politics.

1. Revision of domestic laws - Burma at the moment has no legitimate lawmakers and the present, de facto, government is run by a ruling military council, the State Peace and Development Council (SPDC).

It has issued numerous orders which are issued by central as well as regional and local authorities, and officially used as laws to rule the country. In addition to the above, some previously legitimate laws of the 1947 and 1974 Constitutions, which became defunct with the military coup, are put to use whenever it is favorable for the junta. The result is a profusion of "defunct laws and orders" making the public confused (even lawyers). So, there is a need to define the "so-called laws" in Burma. Failure to do so will make the country look like a lawless State, justified or not. No country can survive for long in such a state.

2. Progressive release of political prisoners - Over 2,000 political prisoners are detained without appropriate charges, many tagged with petty crimes related to ill-defined so-called laws, and some are detained incommunicado. Having a political opposition in a country is a necessity for any healthy government in any political system, a method of checks and balances is a requirement for stability. Political opposition should not be seen as an enemy of the State, rather a complementing arm of a government, legal or de facto.

3. Military reform - At the moment, Burma has an army of 400,000 strong, 2nd largest in Asia, in addition to many thousands in mufti as paramilitary personnel, such as the "Swan-Arr-Shin," on its payroll. Considering it is a country which is not at war with any nation, and its socioeconomic status, it is definitely oversized. Nobody can expect professional soldiers to be polite and cultured, as they are trained only to obey orders. In spite of billions of dollars of income from sales of national resources, the income per ca pita of the populace is very low, leading to a condition of poverty near the bottom of the list of the least developed nations in the world. Having an over sized army is a source of danger to the government as well as the nation. Just like a black-magician who happened to keep a blood-thirsty monster for his trade, it proves hard to keep it under control. Reform is needed for them to adapt to normal society when they retire.

(4) Independent judiciary system - This is essential for any civilized society, lacking it the primitive jungle law of "survival of the fittest (strongest)" will prevail and dominate. We all became very excited when General Thura Shwe Mann stated in 2004, when Lt. Gen. Khin Nyunt was arrested for misuse of power, "Nobody is above the law". We were hoping for the rule of law then, but were only to be disappointed later when no change was seen following his words. There must be legitimate laws for an independent judiciary system to follow; otherwise an independent judiciary would be useless. A judiciary system appointed by a de facto government, and using its "so-called laws" itself, is unlawful. Looking at neighboring countries, even with half-hearted democratic rule, they obey their judiciary system. It would be a disgrace to any government not to honor their independent judiciary in a free and fair civilized world.

By giving my analysis of the situation in Burma, I am trying to highlight what is going wrong with the unripe situations of the UN Envoy. I am not an anti-junta activist but I just wish the people concerned to return to the light of wisdom by reading my views and to develop a spirit of tolerance and reconciliation for the sake of our country, as it is in great despair. As a good politician one should be prepared for any sacrifice for the people he/she is leading to freedom from hardship. As a good soldier one should protect the people and their property as a dutiful paid public servant, not only with fighting skill but also by making noble sacrifices, selflessly, as per the Sacred Vows all soldiers shout every morning.

Sd. Vamsapala

New Delhi, October 28, 2008