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THE NEW LIGHT OF MYANMAR Tuesday, 28 July, 2009
If a politician is not to be put behind bars and ontrial for whatever crimes he has committed, the peoplewill join political parties and will do as they wish.
Maung De Doh:
: Sometimes, I feel frustrated forbeing a citizen of a small country, Grandpa.
Bagyi Phyo:
: Ah, what is happening to you?Your words are out of the context.
Doh:
:Since I heard of the words the person whorecently had visited our country said, I amitching to unburden my feelings. So, I comehere with the hope of feeling relieved if Italk about that with you.
Phyo::
Well, let me know what he said.
Doh:
: He said that it was disappointing becauseMyanmar was one of the countries that hadapproved the Universal Declaration of Hu-man Rights first, but failed to respect humanrights. In fact, almost every country hastheir human rights problems more or less.The US, a democracy and human rightspioneer, has committed human rights viola-tion many times, for instance, torturing pris-oners physically, taking photos of two pris-oners with birthday suits placed one uponanother, smothering prisoners tied to planksby placing water pipes into their mouths andblocking their noses with cloths, a methodof torture called waterboarding, detainingprisoners for life without any outsiders tomeet them, without charging them in AbuGhraib Prison in Iraq and Guantanamo inCuba. I wonder why he doesn’t feel disap-pointed for such inhuman acts. I learnt thatin Guantanamo Prison, a well-known pris-oner was waterboarded for 83 times. If aperson is smothered with water, he willsuffer greatly, so 83 times is too much. Itinvaded Iraq without seeking any approvalof the UN Security Council in 2003. Now,the country is completely war-torn. It hasnot risen from the invasion. Hundreds of thousands of civilians have died, millions of people are homeless, and about 2 millionpeople are staying as war refugees in neigh-bouring countries. Isn’t it human rights vio-lation, Grandpa? He is silent in those cases,but is pointing out Myanmar issue that isnothing if compared with them. Doubtfully,that is in accordance with the UN principlesof non discrimination and justice.
Phyo:
: When it comes to State security and stabil-ity, the government sometimes has to re-strict freedom and human rights of an indi-vidual. In the past, the people thought hu-man rights meant social and political rightsonly such as discrimination and suppres-sion of man by man, the right to vote andfreedom of expression. Today, these viewsdo not cover human rights thoroughly. Theseviews are merged with social, economicand cultural rights that are more importantfor the mankind. For instance, the rights tobasic needs, social status, professions, equalsalaries in same work, education, practiceof own culture and traditions and acts forlife improvement.
The 1986 UN Develop-ment Declaration says that developmentis human right. The 1993 UN HumanRights Conference said that the freedomof development is a human right that isnot left out, as well as the consolidatedpart of fundamental rights of human be-ings.Our country has a very long tradi-
Disease is curable with right medicine
Maung De Doh
tion that local people work together fordevelopment of own wards and villages.In western countries also, if a road isblocked by snow, each house removes thesnow on the road in front of it with a senseof duty. But some people, who are in nomood to repair the roads they will takeand say that such work is the concern of the government alone, are lodging com-plaints, claiming the government is vio-lating human rights. They say that isforced labour. Well, if so, in their coun-tries, young men are conscripted intoarmy whether they want to join army ornot, when they come of age. Then, theyare sent to Iraq and Afghanistan for mili-tary purpose. None of them is willing tobe sent there, but they are sent under thelaw. If that is not human right violation,and if the citizens are duty-bound to servemilitary duties at risk to life, why don’tthe people have responsibilities for giv-ing voluntary service in the interest of their wards and villages?
Another case is the matter of politicalprisoners.
If a politician is not to be putbehind bars and on trial for whatevercrimes he has committed, the people will join political parties and will do as theywish. Then, what will we have to do withthe expression politicians often say “Noone is above the law”.
If they consider it isnecessary for their security, they arrest allsuspects all over the world and detain them inGuantanamo or send secretly to some othercountries and detain them without chargingthem. What are their reasons for those cases?In our country, the accused can enjoy humanrights in accordance with the law. But, intheir countries, all those branded as terroristsare subject to all kinds of torture. So, I won-der why they point out such cases.
Doh:
: My feeling in this regard is as a Myanmarsaying that goes “If you point at others witha forefinger, the other fingers remain point-ing at you”. If my memory serves me right,
Para (7) of Article (2) of the UN Chartersays that nothing contained in the Chartershall authorize the United Nations to in-tervene in matters which are essentiallywithin the domestic jurisdiction of anyState. And it shall not call on the countryto work out the issue. As it is important, itis enshried at the top of the list.
But, thehighest ranking official of the UN made aformal request to meet with Daw Suu Kyialthough a prior agreement had been reachedthat Daw Suu Kyi who was on trial was notavailable in Myanmar, and he had admittedthat he knew that she was on trial. His firstrequest was turned down, but he requestedagain when he called on the Head of State. Inaddition, he demanded the release of DawSuu Kyi who is waiting for a verdict.The trial against Daw Suu Kyi has not beenintentionally created by the government. Ithas emerged because Mr Yettaw, who mighthave been sent to the country by an anony-mous country or organization, illegally in-truded into Daw Suu Kyi’s house and mether. The aim of his meeting with Daw SuuKyi has not been known clearly. He evenleft two chadors and dark sunglasses to herto act herself in disguise. Was it aimed attaking her out of the house? The route Yettawchose to enter Daw Suu Kyi’s house was theditch beside the US Embassy. The placewhere he was arrested is about 25 yardsfrom the house of the US charge d’ affaries.So there are so many points to ponder. Ithink
their demand to release Daw SuuKyi immediately by setting aside her casebeing examined by the court means inter-fering in the internal jurisdiction.Phyo:
We have so many things to say if we wantto. As you have said,
the Article (2) Para(4) of the UN Charter prescribes “AllMembers shall refrain in their interna-tional relations from the threat or useof force against the territorial integrityor political independence of any state.”The Article (39) says “The SecurityCouncil shall determine the existenceof any threat to the peace, breach of thepeace, or act of aggression and shallmake recommendations, or decide whatmeasures shall be taken.” To solve suchproblems first, without any bias, deci-sions shall have to be made withoutharming the rights of the nations con-cerned. If they do not work, the Article42 says “Should the Security Councilconsider that measures provided for inArticle 41 would be inadequate or haveproved to be inadequate, it may takesuch action by air, sea, or land forces asmay be necessary to maintain or re-store international peace and security.”As you know, however, there was noUNSC’s decision when US invaded andattacked Iraq in 2003. Knowing thatthe UNSC would not approve the case if submitted, it attacked Iraq by fabricat-ing false news. Eventually, the US itself had to admit to that. At that time, Ifound no one responsible for the UNsaid a word about the attack.
Whenformer UNSG Mr Kofi Anan left officeafter completing his term, he admittedthat the Iraq war was not legitimate asthere was no approval of the UNSC.
Doe:
:
Another point I am thinking about isthat I doubt whether the repeated de-mands to meet Daw Suu Kyi and releaseher immediately, which can violate theUN Charter and lead to using inappro-priate power in her trial, are of his ownaccord. It is because I happen to thinkabout the Article (100) of the Charter that
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