CHRO

By: Lian Uk

Congratulations to the Chin people every where the world over for the admission of the Chin National Front (CNF) to the Unrepresented Nations and Peoples Organization (UNPO)!. The admission is not only to the Chin National Front as an organization, but it is the admission of the Chinland and its people which is for all the Chin people as a whole, the synonymous names of which in some of their native dialects are also Laimi, Zomi etc. Our exceeding thanks for this is also to the Unrepresented Nations and Peoples Organization General Assembly and their Steering Committee.

The territory known today as Chin State was an independent territory outside the Burmese kingdom till the British annexed it in the 1890s. It was directly ruled by the British governor from Rangoon through the chieftains of the territory outside the provincial government of British Burma even after its annexation until Burma independence in 1948.

When the British government was to give independence to the Burmese kingdom, the Chin territory annexed to the British empire had also a full right to become an independent sovereign state as it was not annexed as a part of the Burmese kingdom and as the Chin people are a distinct people much different from the Burmese or Burman in language, custom, culture and in their way of life.

The Chin Chieftains who ruled the Chin territory under the British Governor signed the historic Panglong Agreement with other nationalities on February 12, 1947 to achieve speedy freedom from any colonialism including British colonialism. February 12, the day on which the Panglong Agreement was signed, has been since then, observed as the Union day every year up to this day in the whole Union of Burma.

February 20th, the day which marked the change of despotic and aristocratic ruling system to elected system in democratic process in the Chin State since 1948, has also been recognized by the successive governments of the Union of Burma as ‘the Chin National Day’ recognizing their distinct national identity as a people .

But the Constitution of the Union of Burma 1947 after the assassination of the founding fathers of the Union made the Burmese people of the previous Burmese kingdom replacing the British colonialism. Thus the rest of the Panglong Agreement signatory nationalities have been made colony territories of the Burmans betraying the vision of the founding fathers of the Union led by General Aung San whom with his cabinet ministers were assassinated on July 19, 1947 before completing the Union constitution.

So the constitutional government of the Union in the Union Parliament had agreed to amend the 1947 Union Constitution in federal form in early 1962 according to the vision of the founding fathers of the Union. But a group of the armed forces led by General Ne Win overthrew the constitutional government and abolished parliamentary system with the Constitution of Union of Burma 1947 in the night of March 2, 1962. Ever since General Ne Win ruled the country as a despot dictator directly or indirectly leading to all these violation of human rights causing to all sort of sufferings and misery to the population of the whole country.

The Chin people every where in the Chin State joined the pro-democracy uprising against the military regime in 1988 to end the military dictatorship and to restore democracy and justice in the whole country. The military regime therefore occupied the Chin State with military force against the will of the people in the Chin State.

It was because of the American Baptist missions since 1899 that the Chin State today with its overwhelming Christian population in it becomes the only Christian State in the 14 provinces of the Union. The Chin people therefore in their Christian organizations and institutions are practicing democracy system as their way of life. The Burmese military regime therefore accusing the Chin people being a Christian State to be pro western or pro American has made the Chin State as a military occupied territory making the situation in the Chin state to be an uninhabitable place for the Chin people by giving them all sort of troubles by killing people for no good reasons at random extra judicially, raping, looting, robing and ransacking their properties and homes; by conscripting all men and women to forced labor with out giving them enough food a! nd drinks giving no time to work for them. Conscript Chin women to force labor are raped by the armed forces of the ruling military regime. They were arrested and tortured for no good reasons at random in many ways and treat them like animals.

These are all the persecution launched by the Burmese military regime to drive all the Chin people from their homeland to wipe them out to their extinction as a people. So those who could find ways fled the country in tens of thousands by all means to neighboring countries and there are now thousands of Chin refugees in the neighboring countries and around the world in Europe and in North America.

They are all stateless people and their life in neighboring countries is very miserable with no safety to be arrested by the authority concerned at random to be sent back to Burma in the hands of the Burmese military regime where they are tortured and imprisoned even to their death.

Since this persecution launched on the Chin people combine the general persecution of racial, religious and political, the individual Chin people are all the persecuted people not because any faults of their own. But they are persecuted just because they are Chin ethnic people and are Christians and believe and practice democracy in their religious organizations and institutions.

The instability of the Burmese leadership mentality in this way can not assure the other fellow union constituent ethnic nationalities for the security of each existence as a people that the Burmese or Burman are overwhelmingly majority constituent nationalities of the union to the rest of the union nationalities which make them aggressive on the nationalities of lesser number in population.

The insistence of the military regime State Peace and Development Council ( SPDC) up to now to have power in the Union legislature and civil administration and the constitution to be in unitary form is a sign which is greatly dangerous for the union constituent minority nationalities to continue on to be in the same sovereign independent state with them( the Burmese) in any form.

It has been a long history now that the Burmese like this SPDC cannot trust the minority nationalities. The reason could be no other than cowardliness. As a matter of fact, several nationalities can truly be more developed than the Burmese if they are free to develop their respective own territories.

So if this Burmese majority people are ever trying to annihilate the lesser number nationalities in population to their extinction as distinct peoples like what is going on under this military dictatorship, it will be a great loss to the minorities people themselves and to the world as their distinct nationalities in their languages, culture and literature and the great contribution they could made to the world will be totally wiped out with them.

It will only be safe for all the minority union nationalities to re join the Union with the Burmese or Burman nationality only if the ethnic Burmese majority, as a guarantee to equality to all, are willing retaining secession clause for them and for other union constituencies according to the 1947 Union constitution in the future constitution of the Union of Burma to be in true federal form.

Then only will the nationalities whose populations are lesser in number than the Burmese or Burman will be safe to reform the Union with the Burmese or Burman in federal or confederate form of the union.

But the Burmese people like the SPDC who now believe getting the upper hand to the minorities will be far from this concession. It is now also the best chance for the minorities as they are now free to establish their own sovereign independent state in their respective definite territories to be internationally recognized as there is nothing that bind them together with the Burman in the absence of the Panglong Agreement itself and the Constitution of Union of Burma 1947 which reflected the chore of the Panglong Agreement.

So it is the last resort for all the nationalities other than the Burmese at present to seek the most possible shelter to the fellow Un represented Nations and Peoples in the UNPO to which the Chin State and its people has been admitted.

Thus the admission is being most welcome and the Chin people deserves being congratulated for it.

Ethnic Groups In Burma

A peaceful and democratic Burma requires a flexible accommodation among the country’s diverse ethnic groups. Without lasting resolution to questions of local autonomy and national power-sharing, rebellions that have flared and simmered in Burma’s borderlands for over five decades cannot be resolved. And without peace, there is little chance for grassroots economic development that could help reduce the currently massive illicit dug production and trafficking in many impoverished ethnic minority areas.

The lack of a reliable census makes it impossible to more than roughly estimate the composition of Burma’s ethnic mosaic or it total population. Some experts suggest existing population data is skewed, exaggerating the number of Burman, who are the largest single ethnic group. According to available statistics, they comprise about two-thirds of Burma’s approximately 50 million people and dominate the army and government. Most of Burma’s ethnic minorities inhabit areas along the country’s mountainous frontiers. Karen and Shan groups comprise about 10% each of the total population, while Akha, Chin, Chinese, Danu, Indian, Kachin, Karenni, Kayan, Kokang, Lahu, Mon, Naga, Palaung, Pao, Rakhine, Rohingya, Tavoyan, and Wa peoples each constitute 5% or less of the population.

Burma has experienced a long history of migration and conflict among various ethnic groups along fluid frontiers, which were finally fixed only during British imperial rule from the 1820s to 1948. Under British control, diverse peoples far from Rangoon were brought under at least nominal central administration. Yet many areas remained effectively self-ruled, with only a thin veneer of imperial oversight. During World War II, while many Burman joined Japan’s fight against British forces, many minority ethnic groups remained loyal to Britain. This reflected a genuine desire for independence on the part of both groups: Burmans struggling to be free of the British colonial yoke, and ethnic minorities wishing to escape Burman domination.

The Union of Burma became independent in 1948 only after extensive negotiations led by General Aung San, who convinced most ethnic minority groups to join the new union. The Panglong Agreement of 1947 outlined minority rights and specifically gave the Shan and Karenni peoples the option to secede from the union a decade after independence. Yet these constitutional guarantees were never fully respected. Almost immediately upon independence, Burma was wracked by a series of brutal ethnic wars that continue in varying intensity to this day.

The principal demands of Burma’s ethnic minorities are to gain genuine autonomy for their home areas and to achieve a significant voice in the affairs of the country as a whole. Few demand total independence as their ultimate goal. Since its 1988 coup, the State Law and Order Restoration Council (or SLORC, renamed the State Peace and Development Council in November 1997), has negotiated cease-fires with most armed ethnic opposition groups and waged fierce assaults against others. Muslim Rohingya people in southwestern Burma were targeted in 1991, and over 250,000 fled to neighboring Bangladesh. A new wave of attacks was reported in late 2000.

At least 140,000 more Karen, Karenni, and Mon people from eastern Burma are refugees in Thailand following intense Burmese army offensives since 1984. Many Shan people have been forced to flee army assaults as well. In several areas, there are massive numbers of Internally Displaced Persons (IDPs), mostly villagers who have fled their homes to escape conscription as military porters or other abuses. The suffering of Burma’s estimated 600,000 IDPs is often far worse than refugees in neighboring countries, who receive at least some outside aid.

In many areas, uneasy truces prevail. Among the earlier cease-fires concluded were with ethnic Wa and Kokang armies, which until 1987 served under the Burmese Communist Party. The Burmese army’s agreements with these groups permit opium cultivation and the right to trade without interference. The result has been a sharp increase in heroin production and smuggling from Burma and a concurrent worldwide rise in heroin use and addiction. These groups are now also engaged in large-scale illicit manufacture of methamphetamines. Some other ethnic opposition organizations, particularly the Kachin Independence Organization and the Karen National Union, have taken strong stands against drug production and trafficking. The present junta has exploited divisions within and among ethnic groups to bolster its rule. In 2000, the relocation of thousands of Wa farmers into traditional Shan areas has raised tensions an! d sparked fighting between those groups. The United Nationalities League for Democracy, an umbrella group for non-Burman political parties formed after the 1988 democracy movement, was revived in January 2001 by exiled politicians. A draft constitution was ratified and executive members were elected. These parties won a combined 65 seats in the 1990 elections and have a strong claim to political legitimacy. The National Democratic Front (NDF), another coalition of ethnic groups, is also striving to promote common positions among ethnic minorities. Prospects for a democratic, prosperous, and peaceful Burma are dim without a just and amicable settlement of the country’s ethnic conflicts. The junta’s proposed new constitution does little to acknowledge ethnic groups’ grievances. Burma’s democratic opposition has urged serious efforts to address these issues, as ethnic reconciliation and cooperation will be a major challenge for any future Burmese government. !

By Salai Za Uk Ling & Salai Za Ceu Lian[*]

January 24, 2005

In the summer of 2004, a select group of Burmese gathered in Ottawa under the banner of Burma Forum-Canada with the express objective of “establishing a stronger and more inclusive consultative process among Burmese Activist Communities in Canada in order to effectively advocate for the issues facing Burma with the Canadian Government, Public and Civil Society Organizations.” Attended by 22 individuals mostly living in Ottawa and Toronto area the meeting concluded with recommendations calling for policy revision for Canada’s policy towards Burma. Many of the recommendations expressed valid concerns with the way Canada, the world’s leading champion of democracy and human rights, handles the issues of Burma with regards to democratic and human rights reforms in that country.

In the fall of 2004, the Burma Forum-Canada came up with a 47-page report containing analysis on specific areas of concern about Canadian foreign policy on Burma. This includes, among others, Canadian policy on humanitarian assistance and economic sanctions towards Burma. While many of the arguments made in the Burma Forum report are laudable and does contain crucial policy recommendations specifically with regards to calls for increased political and economic pressures on Burma, the report is one-sided, un-inclusive of the views of major stakeholders of the “Burmese” community in Canada and miserably fails to present crucial supporting evidence when criticizing the effectiveness of Canadian humanitarian assistance for Burma. Under the title of “Humanitarian Assistance,” the report contains a section on “Capacity Building for Burma,” which is particularly critical of how Canadian assistance funds for Burmese are managed and the extent to which they have been effectual in meeting the objectives of Canada’s contribution for the project.

This critique is devoted to countering that particular section of the report since it is passionately felt that such sweeping criticisms are based on prejudice and misgivings rather than on factual evidence on the ground. In light of the shockingly bold claims of the report and the potentially negative consequence it entails, it is necessary to seriously look into how the report came about in the first place and why the Burma Forum and particularly the report’s author arrived at such conclusion.

The report, authored by Tin Muang Htoo, a leading member of the Burma Forum, alleges that despite the noble intention of Canada to contribute to making“tangible, strategic investment in peaceful long-term development in the region of Burma,” Canada’s monetary contribution towards that process have been misspent, misallocated and mismanaged, resulting in the further weakening and division of Burmese civil society and disenfranchisement of certain sections of the Burmese populations. This, argues the Burma Forum, makes Canada an unknowing accomplice to the “divide and rule” policy practiced by the Burmese military regime.

This is surprising as well as highly irresponsible given that none of the Burma Forum members, especially the author of the report, has not personally visited the Thai-Burma or India-Burma border areas where the projects are being implemented to assess realities on the ground. In fact, there is no evidence that any of the Burma Forum participants has been to that area at all since they first came to Canada many years ago. Many of them have lived in Canada for a decade. In the absence of actual and firsthand assessment of situations on the ground, it appears that conclusions drawn in the report heavily rely on misguided opinions of key individuals. This in itself reflects an insincere motive of the Burma Forum in initiating the report in the first place. It must also be mentioned that during the preparation of the report, it was learnt, some original participants of the Burma Forum meeting were deliberately or otherwise left out of the consultation process to comment and make input into the draft document. Unfortunately, some participants we spoke with are even unaware of their names appearing on the report as endorsing its contents.

The report alleges that capacity building projects such as the ones supervised by Interpares and Burma Relief Center have worked to erode the solidarity of diverse Burmese groups who have “historically been used to working cooperatively together.” It claims the criteria for assistance distribution are based on misunderstood ethnic differences, thereby contributing to and even encouraging ethnic displays and competition. The report, however, fails to come up with any instance or evidence that suggests that that has been the case. On the contrary, people who have been closely working with such projects on the ground in Thailad-Burma and India-Burma border for the past several years have seen the benefit of Canadian assistance in strengthening civil society organizations, bridging cooperation across ethnic lines and in providing vital resource for medical and humanitarian relief works inside Burma and among refugees on the border areas. Among those benefited from the capacity building project, and the report acknowledges, are Dr. Cynthia Maung’s health clinic which provides valuable and accessible medical help to refugees in Thailand as well as Internally Displaced Persons inside Burma, and the Shan Women Action Network, which produced a widely publicized report exposing the institutionalized use of rape by Burma’s military regime as a weapon of war against ethnic Shan women.

For all its worth, the success of Canada’s assistance should not be measured by these two alone as the report tries to do, although they do represent perhaps the greatest achievement any projects can accomplish. There are numerous other programs supported by Canadian assistance funds, which over the past several years have produced significant results. The creation of National Reconciliation Program (NRP), a project partially supported by these funds, has been widely seen as providing the greatest hope for the long-term and peaceful resolution of inter or intra-ethnic differences, which have been a regular feature in Burma’s political history. A program such as NRP has worked to strengthen and nurture the spirit of cooperation unprecedented in the relations between and among different ethnic groups in Burma. Ignoring such positive outcomes on the part of the Burma Forum makes one wonder the real motive behind the publication of the report.

In summary, the primary allegations made in the report centers around the issue of fair distribution of Canadian assistance funds for “Burmese Democracy Movement.” Implied in the report is that the provision of Canadian assistance funds to organizations such as the Shan Women Action Network and other ethnic-based organizations or what it characterizes as “sub-movement” is counter-productive to the realization of democracy and civil society in Burma. If this is the true reflection of how the report’s author and members of the Burma Forum view the “Burmese Democracy Movement,” then several questions must be raised. If civil society groups and other ethnic organizations operating in the border areas are not considered to be part of the “Movement,” then who constitute the movement?

It must be kept in mind that the vast majority of internally displaced persons IDPs and refugees along the border of Thailand and India are from ethnic nationality groups who have been worst hit by decades of civil war, Rangoon’s military campaigns and human rights abuses. These people unquestionably are the most in need of help and attention, and this is precisely where most assistance funds have been directed and allocated. If the position of Burma Forum is to argue that Canadian funds have been misallocated as the report clearly suggests, then they are opening themselves out to questions about their ethnic affiliations, motive and credibility. It must be stated on record that the majority of key individuals who participated in the preparation of the Burma Forum’s report do not represent ethnic groups whose populations have experienced the worst form of human rights violations and whose civil society has been completely trampled on for the past half a century by the Burmese military regime. Any efforts to rebuild and strengthen Burmese civil society therefore needs to begin with the ethnic nationalities, and this is precisely where capacity building programs such as the one funded by Canadian International Development Agency can contribute to tangible results and sustainable development.

In the report, the Burma Forum makes an interesting point and that concerns the need for funding made available for advocacy activities within Canada in recognition that Canadian public awareness and support for Burma constitutes an important part of the movement for democracy and human rights. We agree with this assessment.

But the validity of the claims of Burma Forum report needs to be assessed in the context of reality on the ground. And this means whether those preparing the report conducted such evaluation by personally visiting to the areas where capacity building projects are being implemented. This unfortunately has not been the case. Allegations about Canadian assistance funds being used to divide and disenfranchise Burmese civil society appears to derive from personal opinions of individuals preparing the report. In an email message on December 5, 2004, the report’s author Tin Maung Htoo reassured Burma Forum members “We already have supports from groups and people on the border, being so eager to expose their grievances in dealing with those NGOs on the border.” While it is unclear who these ‘groups’ he was referring to, contacts with these groups appear to have occurred after the fact, that is after the Burma Forum report was made public. There is considerable doubt these ‘groups’ are the ones making assessment on the ground for the Burma Forum. Essentially, the report calls for inclusion of “Burmese Canadians” in the decision-making of how Canadians assistance would be allocated on the border. This seems quite appealing since there is a general sense that inclusion of the Burmese themselves in the management of a multi-million dollar Canadian project would ensure greater efficiency, accountability and allocation of funds to where they are most needed. The problem with this, first of all, is who will represent the interest of millions of Burmese in such a process given the diversity of Burmese society—the Burma Forum itself? Secondly, no decision can be considered “reasonable and impartial” in the determination of “who gets what?” since we all have a degree of bias and partiality. No disrespect to those who prepared the report, but such suggestions seem to have been driven by a sense of self-importance.

During the last several years, there has been increasing recognition by international donor countries, including Canada and NGOs directly working with Burmese groups on the border about the need to put special focus on capacity building for Burma’s ethnic groups who have been systematically disenfranchised and marginalized by the central government in Rangoon for the last half a century. Either inadvertently or wittingly, the report is attempting to take that attention away from the ethnic people by suggesting that such efforts are ineffectual and self-defeating. This seems to explain the reason why the report lacked any substance regarding the question of ethnic nationalities and even tactfully avoided using terminology like “federalism” and “tripartite dialogue” as the means to achieving peace in Burma. Not surprisingly, the report made no recommendations that encourage Canada to support the emergence of “Tripartite Dialogue” as an essential step towards the process of democratic and human rights reform in Burma. This indifference towards the ethnic issues seems to explain the reluctance to either support, or positively view programs that would help to empower and benefit the ethnic nationalities.

We consider many of the recommendations made in the Burma Forum report to be both cogent and plausible, but we are of the view that the criticism with regards to “capacity building for Burma” is highly unconvincing and irresponsible.

[*] Salai Za Uk Ling is studying Political Science at Lakehead University, Thunder Bay, Ontario. Since 2000, he has been working with Chin Human Rights Organization as an Associate Editor of Rhododendron News, as well as Associate Editor for Chinland Guardian News Agency. Salai Za Uk Ling addressed the 21st session of United Nations Working Group on Indigenous Populations in Geneva in 2003.

* Salai Za Ceu Lian, a student at the University of Winnipeg, Manitoba, is currently Secretary of Burmese Community Organization of Manitoba. He is also in-charge of Alliance Affairs for the Chin National League for Democracy (Exile), a political party which won 3 Parliamentary seats in Chin State during the 1990 general elections in Burma. He was a former Chin Youth representative at the United Nationalities Youth League (UNYL), multi-ethnic youth alliance based in Thailand, and was a former Assistant General Secretary of the Committee for Non-violent Action for Burma (CNAB) based in India. He also works as Associate Editor for Chinland Guardian and Rhododendron News, a bi-monthly human rights newsletter published by Chin Human Rights Organization.

By Salai Za Ceu Lian

Chinland Guardian
2005-04-20

Noticeably, the recent declaration of Shan’ independence is shaking the whole pro-democracy movement of the day in the conflict-ridden Union of Burma. The Union of Burma or its conventional name “Burma” has been plagued by the internal conflicts especially since its independence from the British in 1948. While dealing with the conflict of Burma, it is so important to have a clear understanding of how the Union of Burma was founded.

Therefore, the founding of the Union of Burma needs to be recalled in brief. We recall and study history not just to blame ourselves for the mistakes we might have made in the past, but in order to avoid and not to repeat those past mistakes in the future.

Based on the historical facts, the Union of Burma came into existence through the Panglong agreement, the historic accord that was signed on February 12, 1947, in Panglong, Shan State by those legitimate representatives from the pre-colonial independent countries: the Shan, the Kachin, the Chin and that of the Ministerial Burma also known as the Burma Proper. To better put it, the independent Chin, the Shan, and the Kachin nationals co-founded the Union on an equal footing with a vision of founding the stable Union.

Today, the Panglong accord, which was signed on the equal footing, stands as the fundamental foundation and the legal cornerstone of the Union itself, and as a result, the signing date of Panglong accord is observed as the national holiday, the Union Day. We must stress the fact that the term “equality” or “equal footing” fully signified and recognized the equal status of those founding members of the Union. Meaning, regardless of the size of the population of each region joining the Union, no single signatory nation of the agreement is superior or inferior to the rest of the other co-founding members of the Union.

As a matter of fact, in the pre-colonial period, these nations were historically independent, living side by side with the political administrative system of their own under their respective legitimate leaders. The historical fact should be noted once again that no King of Burma had ever rule or conquered these nations. Only the British expansionist conquered them separately from Burma – Burma Proper.

A clear interpretation and essence of the Panglong Agreement was made very clear by a native Chin scholar and the leading politician, Dr. Lian Hmung Sakhong in the follwoing. He eloquently put it, “The essence of the Panglong agreement- the Panglong Spirit- was that the Chin, Kachin, and the Shan did not surrender their rights of self-determination and sovereignty to the Burman. The Chin, Kachin, and the Shan signed the Panglong agreement as a means to speed up their own search for freedom together with the Burman and other nationalities in what became the Union of Burma [1*]. The preamble of Panglong agreement also declares; “Believing that freedom will be more speedily achieved by the Shans, the Kachins, and the Chins by their immediate co-operation with the interim Burmese government”.

On a similar question, a native Shan scholar, a political scientist, Late Dr. Choa Tzang explained, “The meaning of Panglong is clear, made clear by U Aung San (formerly Bogyoke) and leaders of the ruling AFPFL (Anti-Fascist People’s Freedom League) party. The meaning is none other than that the Shan, Kachin, Chin and other nationalities agreed — jointly and unitedly. Here again, the implication is that the Pyidaungzu (the Union) that came into being in 1948 is made up of co-independent and equal states ” [2*]. To have a clear picture of the creation and joining of the Union by the non-Burman ethnic groups, we have to understand that the non-Burman national ethnic groups did not relinquish their national sovereignty.

Rather, strict interpretation of the terms of the agreement, the true essence of the Panglong accords emphatically expressed the mutual recognitions of national sovereignty, their national right of self-determination, and equal status among those founding members of the Union. Therefore, the essence and true spirit of Panglong is to be interpreted as the treaty that fully recognized the equal status and distinct national identity among the Kachin, Karrenni, Karen, Chin, Mon, Burman, and Arakans. Given the fact that Burma is a multi-ethnic country, in order to bring the deeply rooted crisis of Burma to an end, it is necessary that each region’s leaders mutually accept the principles of national equality, and the sovereignty of each region. This would enable the Union of Burma to achieve a prosperous, peaceful and democratic country under the proposed system of federalism if we choose to establish a stable Union.

The Shan’s declaration of Independence: : Whenever we make an arguments about the political issues of Burma, we repeatedly stress the crucial importance of the Panglong agreement and the necessity of respecting the true spirit of the birth of Panglong Agreement because this historic accord between the founding fathers of the Union of Burma only is the legal entity/contract that binds the nation together. What we need to note here also was that the signing of Panglong agreement was totally voluntary, which means any region joining the Union can secede from the Union and be a sovereign nation.

It is totally up to the people of the joining region to have an ultimate say for their own destination. No other member of Union has any authority to determine the future of the seceded State from the Union. That is the very reason, in our modern time, political thinkers and advocates of the model of democracy are putting their full emphasis on the question of self-determination and the need to understand what the term ” legitimacy and mandate” means. With regards to the recent declaration of Shan independence, the ultimate decision is and has to be made by the Shan themselves alone and nobody else. No foreigners should have a say in this matter.

During the revolutionary period and pro-democracy movement like today, it is understandable that there are diverse ideological confrontations over the very question of Shan declaring independence. Not only among the pro-democratic forces of Burma, but even within the inner circle of the intra-ethnic Shans themselves, there could be an ideological differences and diverse political standpoints. It is totally acceptable. We can see a clear example like the un-identical political viewpoints and ideological split-up between the Burma Communist Party and Anti-fascist People’s Freedom League over the question of how to attain independence from British during the struggle for Burma’s independence. The point is that we should not be surprised even if there are different opinions over the current example of the Shan.

In fact, there are crucial political realities that associate with the Shan’s declaration of being free nation at this point for which we have to full understand and respect the wills. In doing so, any critic of the Shan’s movement should refrain from being too judgmental and intrusive for the internal matters exclusively related to the Shan. Likewise, one should also be very careful to avoid using the phrase like “the Shan demands Independence”.

They declare independence by means of exercising their inherent national rights – Right of Self-Determination and no need to demand for it.

Why should the Shan have to demand?

From whom?

From NLD or SPDC? Under what conditions and circumstances, the Shan has to do so?

Whether the National League for Democracy (NLD) led by Daw Suu or State Peace and Development Coucil (SPDC) has no right or authority to judge the destiny of the Shan peoples.

In real sense, they are foreigners. Quite shockingly, the recent statement of NLD in opposing the Shan’s movement was a bizarre example, which indeed was totally unacceptable. So was the SPDC’s condemnation on the Shan initiatives.

A foreigner should stay away from the internal affairs of the sovereign nation- who has every legitimate reasons, supreme power, and full mandate to determine their own future- for particular questions like such as the Shan.

Let us be very clear about that. The Shan peoples have absolute rights to materialize any policy they see fit and take whatever actions they deem relevant and necessary with regards to the political fate of their own future.

To simplify it, they can do whatever they like, but cannot make man a woman. We must fully acknowledge and respect their divine rights of national sovereignty and their self-determination.

Wishfully speaking, if there could be a plebiscite or national referendum for all the Shan peoples to assemble and vote over the question of such kind – declaring the Independence for the Shan or joining the Union of Burma under the proposed system of federalism – that would be so desirable. Unfortunately, such arrangement seems unlikely to take place under the current military regime.

– Chinland Guardian –

[1][1*] Lian Hmung Sakhong. Democracy movement towards federal union: the role of UNLD in the struggle for democracy and federalism in Burma. Thailand: UNLD Press, May, 2001

[2][2*]Yawnghwe, Chao-Tzang. “Federalism: Putting Burma Back Together Again,” Legal Issues on Burma Journal No. 10 (Burma Lawyers’ Council), May 1999.

Salai Za Ceu Lian -A student at the University of Winnipeg, Manitoba, is currently Secretary of Burmese Community Organization of Manitoba. He is also an assistant General Secretary for the Chin National League for Democracy (Exile), a political party that won 3 Parliamentary seats in Chin State during the 1990 general elections in Burma. He was a former Chin Youth representative at the United Nationalities Youth League (UNYL), multi-ethnic youth alliance based in Thailand, a former General Secretary of Chin Students’ Union, and was a former Assistant General Secretary of the Committee for Non-violent Action for Burma (CNAB) based in India. He also works as Associate Editor for Chinland Guardian and Rhododendron News, a bi-monthly human rights newsletter published by Chin Human Rights Organization.

Harn Yawnghwe

“Burman” or “Burmese”?

“Burman” and “Burmese” are often used interchangeably in the English language. I will use “Burman” to refer to the majority ethcin population, and “Burmese” refers to all the citizens of Burma.

“Burma” or “Myanmar”?- It has been argued by the military that “Burma” refers only to the majority Burman population, whereas “Myanmar” is more inclusive and therefore, more appropriate because it refers to all the peoples of Myanmar. Ironically, Burmese nationalist fighting British colonialism in 1936, argued the reverse. Therefore, as far as the non-Burmans are concerned, the real question is not what the country is called but what political system will include the non-Burmans.
“135 Races”

The military likes to say that there are 135 races or tribes in Burma implying that it is impossible to cater to everyone and therefore, it is necessary to have a strong military to hold the country together. In fact 65 of the so called 135 races are all from the Chin State, which makes up about 3% of the population and they live in an area that makes up about 5%of the whole nation. In other words, the military is exaggerating the problem.

According to the SPDC, people who speak different dialects are classified as being of a different race. It would be like saying that somebody from Oslo is of a different race from somebody from Bergen. We all have differences but both are of the same race.

In actual fact, all Burmese are from the same racial grouping and they can be roughly sub-divided into 3 major subgroups: Tibeto-Burman, Sino-Thai and Mon-Khmer.

In political terms Burma has only 8 constituent states, not 135: Arakan, Chin, Kachin, Shan, Kayah, Karen, Mon and “Burma Proper or Ministerial Burma” in the center. At this point it should be pointed out that the Burmans are also one of the ethnic groups of Burma. So we cannot really talk about the ethnic people and the Burmans.

Ethnic Nationalities

In the past, the non-Burmans were referred to as the “Nationalities” as in Chamber of Nationalities or the Upper House of Parliament. Burm the word the “ethnic minorities” became used more frequently in international circles. So now, we use the term “ethnic nationalities” or the non-Burman ethnic nationalities to denote the non-
Burman.

“Minorities”

We do not like to use the term “Minorities”. This is because it gives the impression to outsiders that they are talking about only 1-2% of the population.

It is estimated that Burma today has a population of approximately 50 million people. Burmans are supposed to make up 60% of the population. Therefore, when we talk about the “minority” problem in Burma, we are in fact talking about a problem that affects the lives of at least 20 million people. I think this is more than the population of Norway.

In terms of geography, the non-Burmans occupy 55% of the land area or 371,000 sq kms-slightly larger than Germany (357,000 sq km). The non-Burman problem is Burma is definitely not a “minority” problem.

“Tribes” and “Hill Tribes”

Another favourite of the military is to describe the non-Burmans as “Tribe” or “Hill Tribes”. This implies that the Burmans are the only civilized people and that it is their burden to guide the “Tribes” to a better Burman way of life.

This is actually a gross abuse of historical facts. Arakan and Mon kingdoms prededed Burman kingdoms by at lease 500 years. The first Burman kongdom was not recorded before the 11th century. Then Shan kings ruled most of Burma from the 13th century until the 16th century when Burman kings ruled again. It is also well documented that the Burmans took their civilization and culture from the Arakanese and Mon peoples. Therefore, the non-burmans are not uncivilized tribes that need to be civilized by the Burmans.

Of course, the non-Burmans today are less developed than their neighbours but is this because they ae uncivilized or because they have been systematically deprived of their rights for the last 50 years? For example, a UNICEF study showed literacy in the non-Burman areas to be lower than the Burman areas. Why is this so? One reason is that literacy in Burma is measured in terms of knowledge of the Burman language. In the last 50 years to non-Burmans have not been allowed to teach their own languages. Another factor of course is the 50 year-old civil war in the non-Burman areas.

Burma-a Kingdom or a Union States?

Another major difference in perspective between the Burman nationalist and the non-Burmans is history.

At the time the British came into contact with Burma in 1824, the Burman king ruled over the Arakan, Mon and Karen areas and claimed the allegiance of the rulers of the Kayah and Shan states as well as Assam and Manipur in India. Aftet the Britiseh conquest in 1886, the Burman kingdom(including Arakan, Mon and Karen) was make a part of British India. It later became known as “Ministerial Burma” or “Burma Proper”. Karenni or Kayah State was recognized as a sovereign state. The Shan States which later became the Federated Shan States like the Malay states, became a British Protectorate. The Kachin and Chins wre administered separately as the Frontier Area.

Burman nationalist, therefore, claim that they are the heirs of the pre-British Burman kingdom and that rightfully all of Burma belongs to them. They claim that the British deliberated carved up the country to divide and rule. So to the nationalists, the claims of the non-Burmans for self-determination are nothing buty a product of British imperialism. The non-Burmans, however, claim that by 1886 the Burman empire was crumbling and that the British only took the practical way ort by recognizing their de-facto independence from the Burman king. In any case, after 62 years, the Burmans who lo longer had a king could have no practical claims on them.

The Burmese situation is, therefore, different from Indonesia where most of the inslnds were one colony under the Dutch. The colony then became Indonesia. In Burma a formal agreement was entered into by different entities to become the Union of Burma.

1947 Panglong Agreement

To the Chins, Kachins and Shans, the Panglong Conference and Agreement formed the basis of their current union with the Burmans, not any historical claims of a now defunct empire. At that Conference, General Aung San, leader of the Burman independence struggle from “Ministerial Burma”, and leaders of the Shan, Kachin and Chin peoples agreed to merge their homelands on the basis of equality to form the “Republic of the Union of Burma” in order to accelerate the process of seeking independence from Britain.
1974 Constitution

Based on Panglong Agreement, a Union Constitution was drawn up. The non-Burmans believed they were getting a federal system but in reality, while the Shan, Kachin, and Kayah States and the Chin Special Division were recognized, power was not devolved to the states. At this time, the Kayah or Karenni people felt that they had been forced into a union without adequate consultation and took up arms against the central government. Separate negotiations with the Karens also broke down and they also took up arms. The Mon also joined the rebellion as did the Arakanese although the Arakan, Karen and Mon states were recognized at a later date.

From this you can see that, the non-Burman proplem in Burma stems from a failure of the government of Burma to properly address the basic nostitutional arrangement between the different states that make up the union.
1958

To make matters worse, Prime Minister U Nu requested General Ne Win to form a “Caretaker Government” to prevent the Shan and Karenni states from exercising their constitutional rights to secede from the Union after 10 years if they were not satisfied. This started the Shan struggle for independence. To understand the problem you need to be aware that the Shan State makes up 23 % of the land area of Burma and about 20% of the population.
1962

Following the Caretaker Government, the Shan leaders recognized the need to amend the constitution if the nation was be saved and initiated the Federal Movement. But General Ne Win instead seized power and said he was saving the nation from disintegration. General Ne Win also suspended the 1947 constitution .

As far as the Shan, Kachin and Chin were concerned, the suspension of the 1947 constitution nullified the Panglong Agreement which ound them legally to “Ministerial Burma” and as such, Ne Win had at one stroke set them free and illegally occupied their homelands. This plunged the country into civil war in earnest.
Ethnic:

From all this, it is very clear that tho non Burman problem in Burma is not a “minority” problem, it  is not a tribal problem and it is not an ethnic problem. I want to emphasos this because when we say ethnic problem, most people think of the fomer Yugoslavia where different ethnic people were killing each other. We do not have that kind of problem in Burma. Our problem is not a horizontal ethnic problem, but vertical one. It is basically a constitutional problem and it can be resolved by negotiations.

It is clear that we do not need a strong army to keep the country together. In fact in Burma, the army has made the problem worse by preventing dialogue and refusing the 8 states to engage in constitutional talks. I trust I have been able to clarify some souses for you.

Christians in Annual Admissions  

Persecuted Karen, Karenni, and Chin Christians Not Allowed

Refugee resettlement embodies America’s humanitarian tradition. In a time of increasing tension and conflict, it is essential that America’s door remains open to victims of violence and intolerance who have no other place to go.

The legal basis of the refugee admissions program is the Refugee Act of 1980, which defines a refugee in words that closely track those of the 1951 United Nations Convention Relating to the Status of Refugees: “a refugee is a person who is outside his/her country and is unable or unwilling to return to that country because of a well-founded fear that he/she will be persecuted because of race, religion, nationality, membership in a particular social group, or political opinion.” The Act also allows the President to extend this definition to certain persons still resident in countries he specifies.

Christians Overlooked

Unfortunately, several persecuted communities in Burma with strong historical ties to the U.S. have been overlooked by this policy. The Karen, Karenni, and Chin people are systematically persecuted by the Burmese military government. A very high percentage of these people are Christian and are oppressed because of their ethnicity and faith. These people were our allies in the 2nd World War and fought side by side with our soldiers to repel the Axis forces. They were promised by the British that they would have their own homeland after the war, but it never happened. After the war the Burmese majority–who sided with the Axis–engaged in a policy of ethnic cleansing that continues to this day. The situation deteriorated greatly in 1988 when the military took over the government. The Karen, Karenni, and Chin have been fighting for survival for nearly fifty years, and could be considered the “forgotten people.”

Currently more than 100,000 Karen, Karenni, and Chin men, women, and children live in refugee camps in Thailand and India. Thousands more are internally displaced in the Burmese jungle. These internally displaced individuals are cutoff from outside assistance and live one step ahead of roving Burmese soldiers.

In FY 1998 the ceiling for refugee admissions from East Asia was 14,000. In the first seven months of that year, some 4,400 refugees arrived in the U.S., only 86 were from Burma. Most of these were ethnic Burmese.

In FY 1999, 10,204 refugees entered the United States from East Asia. The majority of FY 1999 admissions were from Vietnam. Again, most, if not all the Burma admissions were ethnic Burmese.

Time for Change

It is time for the United States to remember our forgotten allies and specifically include the Karen, Karenni, and Chin refugees and displaced persons in the annual admissions from East Asia.

Please Contact your Congressional Representatives in Washington today.

http://www.house.gov
http://www.senate.gov
Source: Christian Freedom International Website
http://www.christianfreedom.org/campaigns/refugeepolicy.html

REFUGEES

Mr. Tapan K. Bose

The Indian government deal with at both political and administrative level. The result is that treated that under the law applicable to the aliens. In the case of refugees protection, the constitution of India guarantees certain fundamental rights, which are applicable to non-citizen. Namely, the rights to equality( Article 14 ), the rights life and personnel liberty (article 21) and the freedom to practice and propagate their own religion (article 25). Any violation of these rights can be remedied through recourse to the judiciary as the Indian Supreme Court has held that refugees or asylum seeker can not be discriminated against because of their non- citizen status.

The National Human Rights Commission of India ( NHRC ) has functioned effectively as a watchdog for the protection of refugees. The commission has approached the Supreme Court of India under Article 32 of the Constitution and obtained protection from the Chakma Refugees when their life and securities was threatened by local politician and youth leader in Arunachal Pradesh. Relief was granted by the Supreme Court on the basis of the rights aliens under Article 14 and 21.

The Chief Justice of the Supreme Court, Justice Ahmeadi in NHRC versus State of Arunachal Pradesh ( 1996 SCC 742 ) speaking for the Court said that the State is bound to protect the life liberty of every human being. He point out that the rights of refugees under the Constitution of India were confirmed by Article 21, which also included the rights to non-refoulement.

India refugees policy is further governed by certain administrative regulation. The standard of humane treatment set by these administrative regulations flowed from the ethos that persons displaced from their home need both protection and economic sustain. The administrative experience of the Ministry/Department of Rehabilitation and the laws adjudicated at the time of Partition contributed towards a refugees policy for India.

India, refugees are register under the 1939 Registration act, which applicable to all foreigner entering to India. Under the 1946 Foreigner Acts, the Govt. is empowered to regulate the entry, presence and departure aliens in India, though the word “ alien “ itself is nowhere defined. Entry as also governed by the passport Act 1967. Entry can be restricted if a person dose not have a valid passport or visa, though the Government can exempt person when so desires. These procedure are linked at this stage to individuals who enter India without a valid visa or any other document. Though it is related to illegal migrants, the exemption provision is applicable to refugees. Besides, refugees in developing countries, unlike those in the west ( barring those from former Yugoslavia ) usually descend in large numbers. Under these circumstances, refugees become an administrative to oversee the relief and rehabilitation process rather than to supervise who stays or dose not stay.

As mentioned previously , the government of India alone determine refugees status and has no specific legislation to deal with refugees. Prof. Saxeny of Jawaharlal Nehru University maintains despite this lacuna India dose apply in practice certain articles of the 1951 Convention. This includes :

. Article 7 as India provides refugees the same treatment as all aliens.

. Article 3 as India fully applies a policy of non – discrimination.

. Article 3A no penalty is imposed on illegal entry.

.Article 4 as religious freedom is guaranteed.

. Article 16 free access to courts is provided.

.Articles 17 and 18 provide wage-earning rights and as work permits have no meaning and refugees do work, this article is complied with.

. Article 21 freedom of housing allowed and refugees need stay in camps. Freedom of movement as guaranteed to aliens except in certain areas where special permits are required for aliens but also all Indians.

. Article 27 and 28 the issuing of identity and travel cards.

However, many activists have contested the assertion of Prof. Saxena. They point out that the majority of Sri Lankan Tamil refugees and almost all Jammu/Chakma refugees were forced to live inside camps. Severe restriction were imposed on their freedom of movement. The asylum seeker from Burma were arrested and jailed and that 1995-97 approximately 5000 Chin/Burmese were pushed back. They also point out that as the government dose not issue “RESIDENCE PERMIT” to all refugees, they are unable to open bank account, rent house and set up any business. India educational institutions do not give admission to refugees. As a result young refugees unable pursue their academic career.

India is not a party to the 1951 UN Refugees Convention or its Protocol, its domestic laws have not been found to be in conflict with international laws. While it can be justifiably proud of having followed a program of humane treatment of different refugees, with respect to refugees rights, there is still an absence of assistance and opportunities. To protect the refuges by means of the activists approach has its own limitations.

Judicial Interpretations: Case Law in India

In India, the judiciary has played a very important role in protecting refugees. Court orders have filled legislative gaps and in many case provided a humanitarian solution to the refugees` problem. In India court have allowed refugees and intervening NGOs to file case before them. Further they have interpreted provisions of the Indian Constitution, exiting law, and in the absence of seekers. Given below is a summary of the type of protection that India court have provided to refugees.

Physical Security

India courts have decided in a number of cases that the Constitutional protection of life and liberty must be provided to refugees. In the cases of Luis de Readt ( 1991) 3 SCC 554 and Khudiriam ( nos. 1994 Supp. (1) SCC 615 , the Supreme held that Art. 21 of the Constitution of India , which protects the life, and liberty of Indian citizens are extended to all, including aliens.

Below are some of the most important decision of the Supreme Court. The Supreme Court of the National Human Rights Commission versus State of Arunachal Pradesh case restrained forcible expulsion of Chakma Refugees from the state ( Civil WP No 720/95 : 1996 (1) Supreme 295 ). The Supreme Court in its interim order on November 2 1995 directed the State government to ensure that the Chakma situated in its is territory are ousted by any coercive action, not in accordance with law. The Court directed the state government to ensure that the life personnel liberty of each and every Chakma residing with the state shall be protected. Any attempt to forcibly evict of driven them out the state by organized groups shall be repelled by using para-military or police force and if additional force are required then the state should take the necessary steps. The court also decide that the Chakma shall not be evicted from their home except in accordance to the law; the quit notices and ultimatums given by other groups should be dealt with in accordance with the law; application for their Citizenship be forwarded and processed expeditiously ; the pending decision on these application shall not be evicted.

Non-Refoulement and Right to Refugees Status:

In a number of cases in India Court have protected the right of refugees where they are substantial ground to believe that life would be in danger. There are case where the courts have order the life of refugees who are in danger be safeguarded and have allowed them to be granted status by UNHCR.

In Zothansangpui verus State of Manipur ( C.R No.981 of 1989) The Gauhati – Imphal Bench, Guahati High Court ruled that refugees have the rights not to be deported if their life was in danger.

The case of U.Myat Kyaw versus State of Manipur ( Civil Rule No. 516 of 1991 has contributed substantially to India’s refugee policy. It involved eight Burmese, aged 12 to 58 years, which were detain for illegal entry at MANIPUR central jail, Imphal. These persons had participated in the democracy movement, voluntarily to the Indian authorities and taken into custody. Cases were registered under section 14 of the Foreigners Act for illegal entry into India. They petitioned for their release to enable them to seek refugee status before the UNHCR in New Delhi. The Gauhati High Court, under Art.21 ruled that asylum seekers who enter India ( even if illegally ) should be permitted to approach the Office of the United Nation High Commissioner to refugee to seek refugee status.

Deporting on grounds of National Security and Criminal Activities

The Court has ruled that refugees can be deported on the grounds of national security. Under the foreigner Act of 1946 if they were found indulging in activities undesirable and prejudicial to the Security of India. The High Court of Delhi at New Delhi ruled that International Law and Conventions cannot be applied to refugees indulging in criminal activities. They can be repatriated or deported.

Right to Leave (Return)

The Court has upheld a refugee’s right to leave the country. In Nuang Maung Mye Nyant versus Govt. of India and Shar Aung versus Govt. Of India —— of 1998 , the courts ruled that even those refugees against whom cases were pending for illegal entry should be provided exit permits to enable them to leave the country for third country resettlement.

Application of International Laws for the protection of refugees

This included conformity with International Conventions and Treaties , although not enforceable , the government was obliged to respect them. But the power of the government to expel a foreigner is still absolute . Art. 21 guarantee the right to life for non -citizens. International Covenants and Treaties which effectuate the fundamental rights can be enforced. The principal of non-refoulement is encompassed in articles so long as it is not prejudicial to national security. Under Art 51 ( C ) and 253 international law and treaty obligation are to be respected, as long as they are consistent with domestic law.

AND LIBERTY CURTAILED  

(The statement of Burmese nationals on Guam seeking asylum in the USA)
By Rev. Dr. Hre Kio

Burma: Burma, placed between Bangladesh, India, China, Laos and Thailand, with a land mass of 261,789 square miles, (678,033 sq km) known as “the rice bowl of Southeast Asia” in the early 1900s, got its independence from Britain on January 4,1948 after a long struggle for freedom. Independence came first from the United Kingdom; second from the Japanese wartime occupation and then again from the British colonial rule after the II World War. The independent Burma chose to follow the path of Parliamentary democracy from its inception with two house-organs: the Upper House of Chambers and the Lower House of Nationalities. The Prime Minister was leader of the government and the President was head of state.

Since independence, democracy developed and grew in Burma since independence and after three general elections (1951,1956, & 1960) democracy appeared to be taking firm roots in the country. In spite of its inevitable flaws, democracy proved to be a better system not only in the process for governing the people but also in terms of peaceful change of hands as to who are to be entrusted with the power to rule. By 1960, Burma was called “the rising star of the Southeast Asia” particularly in the field of economic development whose progress was significant and dramatic.

“The Iron Curtain” fell: On March 2,1962, based on dubious reasons, the democratically elected government of Prime Minister U Nu was removed by force by a bloodless military coup and the state power was passed into the hands of the Revolutionary Council headed by General Ne Win. This military and totalitarian regime has ruled the country of Burma with iron hands and cruel tactics for the last 38 years. This socialistic system of government introduced a one party system – The Burma Socialist Program Party. Its name was changed to SLORC – State Law and Order Restoration Council in 1989, and after ten years to SPDC – State Peace and Development Council. “Burma” was also changed to Myanmar – the name pro-democracy movements refuse to use. All foreign missionaries were forced to leave the country in 1964.

All is not quiet at the front: During these 38 long years of tyranny, the people did not sit with passive resignation. They did do something to achieve freedom and democracy. When the people time and again demonstrated against tyranny, the army quelled them with force. Gen. Ne Win boasted, “When the army shot, it shot straight.”

Five months after the coup, on July 7, 1962, university students demonstrated against the government. Soldiers were ordered to fire on the students. Official count put 16 students dead, while generally it was claimed that over 100 dead was more accurate. The tragedy culminated when the authorities dynamited the Rangoon University Students’ Union building and reduced it to rubble. Many believed that the building was full of students, all of whom were killed in the blast.

In the summer of 1974, the meanness of spirit was shown by the authorities over the funeral of U Thant, retired Secretary-General of the United Nations. The University students took over the funeral arrangement of U Thant when they saw the disgraceful arrangement prepared by the military. This action resulted in the deaths of a good number of students at the hands of the soldiers.

Again in 1976, soldiers quelled the strikers of dock-workers when they demonstrated against the new rules introduced by the government. The authorities never revealed the number killed, but the estimate was close to 50.

The largest uprising against the government took place in August 1988, (code named 8.8.’88). It affected the whole country, and participating in the demonstrations led by University students were people of all ages from all different strata of society: farmers, laborers, civil servants, including members of the armed forces, Buddhist monks, Christians, Muslims, intellectuals, professionals, businessmen, small traders, housewives and artists. Their one and only demand was to change the authoritarian rule of military dictatorship which had impoverished Burma intellectually, politically, morally and economically. And on September 18, the military authorities ordered fire on the weaponless civilian demonstrators, and “the army shot straight.” Thousands, including children, were cut down, by bullets from the army’s rifles and tanks. Hundreds were buried in mass graves with many wounded still alive. The army never revealed the locations of those graves to the public. The peoples’ hopes were crushed to the dust once again.

Eleven years later, on September 9, 1999 (code named 9.9.’99), a demonstration and uprising was secretly planned, again led by university students, and pro-democracy movement leaders and some Buddhist monks. However, the Military Intelligence agents were ahead of the game; they launched a pre-emptive strike, throwing many of the leaders into prisons where they languished without proper trials and legal representation.

In all these series of struggles for democracy, one thing is clear: students have been at the forefront of the movement for democracy. As a result, they suffered the most as well. Those who fled the country for fear of imprisonment and torture and reached Guam for safety and asylum are mostly young people reflecting the reality of the tragedy in Burma. Each one can tell his or her own story of the struggles they went through.

The World is not silent either: The United Nations General Assembly has more than once passed resolutions condemning Burma for its actions on its own people, its human right abuses and its restrictions on political and religious activities. The US government has passed sanctions against new investments in Burma and strictly banned travel to the USA by the Generals of Burma. The European Union has time and again passed strongly worded resolutions condemning the actions of the Burma government and even refused to sit at a meeting with ASEAN ministers if any minister from Burma participated in the meeting. The EU also banned travel to their region by any military leaders from Burma. The International Labor Organization imposed sanctions against Burma in November 2000. This ban against Burma was based on Burma’s government consistent and long practice of forced labor at all levels of society.

China has been the main supporter of Burma’s military rule for years in terms of moral and material support. Last year India joined the club even to the extent of forcibly returning Burmese (mostly Chin) refugees from Mizoram, India to Burma, right into the “jaws of death.” The ASEAN policy of “constructive engagement” has not been successful. It is constructive mainly to the leaders of Burma’s military junta; it is disruptive, even destructive, to the common people and movement of democracy within Burma, because it prolongs the life of a ruthless regime.

The United Nations in 1987 designated Burma, once called “the rising star of Southeast Asia” as one of the 12 poorest countries in the world. Burma, one of the richest nations in Asia in terms of mineral resources such as jade and rubies, including the largest teak forest reserve in the world, has been mismanaged by the generals into one of the poorest nations on earth. This is a crime the government has committed against its own people. Its cruel practice of widespread use of forced labor and forced contribution of money to the building of Buddhist pagodas, involuntary relocation of people targeted primarily at the ethnic minority, military offensives against civilians forcing them to be porters, threats and intimidation, destruction of crops and livestock, forcing Christians to sell liquor even though their religion forbids its sell and consumption, rapes, torture and summary arrest and executions have been well known for a long, long time. The government has denied all these cruel practices for many years, but the people inside the country know very well that the government is not telling the truth.

The result of general election voided: After the 1988 people’s uprising, for fear of the people and in an attempt to pacify them, the military government announced a general election to be held in May 1990. Political parties were required to register to the Central Election Commission office in Rangoon. Over 200 parties registered with the government. The National League for Democracy was one of them, led by Aung San Suu Kyi, the daughter of Gen. Aung San, the hero of Burma’s independence. Gen. Aung San was assassinated by his political opponent U Saw, five months before independence.

The general election of May 1990 was regarded as the fairest and freest election in Burma’s history. The result of the election showed that NLD, led by Suu Kyi, received 82% of the seat in Parliament. This massive support of NLD by the people was a landslide victory for MS Suu Kyi, although she herself was barred by the government to compete for a Parliament seat. This election demonstrated both a disfavor towards the military government whose favorite party was named “The National Unity Party”, and a favor towards Ms Suu Kyi, as a leader of enormous ability, of quality, charisma and integrity. MS Suu Kyi was awarded the Noble Peace Prize in 1991, and recently the Presidential Medal of Freedom by President Clinton, in November 2000, the highest civilian award that the US government can offer.

The military government cruelly refused to hand over power to the leaders elected by the people, and thereby the will of the people, 82% of the voters, was voided by the generals. For them “power resides at the barrel of the guns.” They betrayed the will of the people to whom they had made a promise that they would relinquish power to whoever was the winner in the general election. It is next to impossible to convince those who have acquired power forcibly of the wisdom of peaceful change. The realization of that wisdom usually occurs when it is too late. In Burma, tragedy of national proportion awaits! All political parties are extinct now in Burma, and the only party (the NLD) too is on the verge of being annihilated by a slow process of eliminating its members. Its leader Aung San Suu Kyi is now virtually under house arrest. Religious discrimination: Burma is comprised of many language and ethnic groups who are minorities in the land. Minorities like Karens, Kachins and Chins have converted to Christianity, and therefore in Chin, Kachin and Karenni States, the majority of the populations are now Christians. This situation brings particular difficulties for the people. The military government, comprising purely of the Burmese, who form the majority in the whole country, about 75%, dictates what should and should not be done in these “Christian” states. What is ethical and moral does not count for the Buddhist authorities in power. Religious discrimination and persecution is amply visible, in Chin State and elsewhere. A few examples will suffice:

Christian Church building permission is impossible to obtain from the authorities throughout the country.

Those who have started building are forced to stop. (Eg: Chin centenary building in Hakha – the capital of Chin State; United Pentecostal Church in Hakha; Zomi Theological dining hall in Falam; Church of Jesus Christ church in Falam; Kachin Church in Pakan; Roman Catholic hall in Pakan; Salvation Army church in Khampat.)

Christian crosses planted on the top of the hills are forcibly removed by the order of Col. Than Aung in Kanpalet, Thantlang, Hakha, Falam and Tiddim townships, very often using the very Christian hands that had planted the crosses in the first place.

It was Col. Than Aung who declared publicly, in Chin State, that Christian pastors are his number one enemy, accusing them as pro-white faced colonialist stooges.

Christian institutions are removed: Revival School of Theology in Maymyo; Lisu Bible School in Maymyo; Lisu Christian school in Mogok.

Churches in Mogok town are forcibly painted black, or face being removed.

Lai Baptist Church’s worship in Insein, near Rangoon was interrupted by soldiers in uniform and the church was closed.

Those who persisted in constructing their church building are beaten severely. (Eg: A Salvation Army pastor in Khampat beaten by an army captain – beaten so badly he needed hospitalization.)

Those who persisted in preaching the Gospel faced torture and death. (Eg: A Naga preacher-evangelist in Homelin township of Sagaing Division was falsely accused of aiding Naga underground movement, was beaten to death and his body was dragged down the street to intimidate the villagers.)

These kinds of activities are going on currently in Burma, without being noticed by the world at large.

Racial discrimination: This is a policy the Government in Burma has been practicing for over 50 years, although it is not what they preach. Space and time does not allow detailing all the incidents that have occurred in Burma on the ethnic minorities for so long a period. These incidents took place not in the capital city of Rangoon, but mostly in the States (Chin, Kachin, Shan and Karen States). A few examples will suffice:

There is no minister in the government from people with ethnic background. Even top civilian jobs with authentic power are not open to them.

Soldiers from ethnic backgrounds are not permitted to be promoted over the rank of major, nor are they permitted to attend Military Academies. Some Christian officers have been told point blank: “If you remain Christian, you remain a captain; but the moment you confess to be Buddhist you jump to the next rank.” Most of the time, Christian officers choose to remain Christian.

Those minorities who had been ranking officers in the army and police are slowly eliminated from the services. One of those officers is in Guam and he can testify his experience is asked. Another unwritten regulation in the armed forces policy dictates that:

A soldier who converts a Christian to Buddhism will be promoted immediately;

Any Buddhist soldier marrying a Christian lady will be promoted to the next rank;

A Buddhist soldier having children with a Christian spouse will be promoted to the next level in rank.

Any Buddhist soldier marrying an ethnic girl who is a graduate and the daughter of a chief will be awarded with an increased salary of K1200/- a month.

Any Buddhist soldier’s salary will be increased by K1000/- a month if he marries an ethnic girl who is a college graduate.

In many districts in minority areas, the government ordered not to teach their minority languages in government primary schools. And no private schools are allowed in the country. All Christian schools have been nationalized since 1965. This effort of the government appears to be a basic and yet fundamental attempt to Burmanize the whole country and eliminate all 130 ethnic groups. It is a miracle that after 50 years of this kind of systematic campaign by the military government there are still ethnic groups existing at all in Burma. The vast majority of those of us who fled to Guam are from various ethnic groups.

In these States, mentioned above, soldiers forced young men to carry their equipment and rations in the areas where fighting took place between the government and the anti- government forces. These young men are called “porters”. Day after day, the porters were forced to serve as “shields” – forced to go ahead of the platoon of soldiers to get shot by the enemies. When the porters were sick and weak, or suffered exhaustion due to heavy loads, they were left behind to die a slow death, or even were shot dead. Young women’s fate, when they served as porters, were worse: they faced both being raped and be shot. No wages or compensation was paid. This kind of abuse had occurred in Burma for the last 38 years without being noticed by the world at large.

Private car owners in these States constantly faced the highhanded demand from the solders: their cars – mostly truck and jeeps – were taken by force by the soldiers (since the soldiers lack military trucks) for days and weeks moving them in all sorts of conditions and environments. Usually the private cars never returned in good conditions. Most of the time the cars were left behind in the jungle. There was no compensation paid by the soldiers nor any apology offered.

A driver’s license could be taken away, or being slapped on the face for passing over the military officer’s car.

This kind of inhumane practice was widespread and has been going on for many years.

Physical abuse and mental torture: It is a tall order to attempt to detail all the incidences of physical abuse and mental torture that the government has used against its opponents which they call “the enemy of the state.” We will mention a few:

The “opponents” were arrested usually in the middle of the night unexpectedly,

“A few minutes of questioning” always resulted in months or years of imprisonment. Tortures take different forms:

Meals (usually rice) were mixed with sand,

Pins were pushed between the flesh and fingernails,

Prisoners were forced to kneel on sharp pebbles until their knees bled,

Inmates were put naked in the open to be “feasted” by malaria carrying mosquitoes,

Simple drops of water on the head for hours turns into horrifying and deafening sounds to the victim, Plastic bags were placed to envelop their heads for a period of time until the victim becomes unconscious, and then he/she was released for a time to recover, The prisoner was placed in an empty barrel and pushed around by trucks for hours,

Those arrested or transferred to another location were bagged into gunny bags and tied at the top, to be sat upon by soldiers on moving trucks,

Hot and pointed iron rods were pierced through the flesh of the thighs,

A rat was placed in a pot which was attached to the prisoner’s stomach; when the pot was made hot the rat dug into the stomach in an desperate attempt to escape,

To break their will, prisoners were placed without food or water for days,

Their four limps were stretched out and tied to four corners of the room,

Prisoners were put in dark room for days, making them virtually blind for days,

Prisoners usually became “mentally disturbed” when they were hung upside down, their legs tied to the ceiling and their heals beaten slowly with an iron rod, Inmates were threatened constantly to be shot, a mental torture that keeps them constantly awake, making sleep impossible.

Some of those arrested are turned into forced labor, known as “zebet” who in uniform were regimented into hard labor for months and years, removed to remote areas where neither their relatives nor religious and social workers can see or help them. These prisoners were condemned to die slow deaths. They were often put in chains even while working, and most of them died in isolated parts of the country where medical facilities are non-existent. Often bullock yokes were tied to their neck in pairs, as if they were bulls, plowing muddy fields, making furrows for planting paddies in the rainy season. Many of the “zebet” prisoners collapsed exhausted in the mud. Then they were removed to isolated areas never to be fed any meals, left alone to die a slow death. Their bones were never recovered, nor their graves known. Their number is by the thousands, most likely around 40,000.

Some of us who fled to Guam have gone through some of these kinds of physical torture. (One of us will present his ordeal to you today.) These dangers are some of the risks we will face again if we are forced to return to Burma from Guam.

To flee Burma is a costly and risky business: All of us, who have arrived on Guam have faced the above mentioned types of danger and torture in one form or another as we all have worked and struggled to restore democracy in Burma. We have realized that democracy is costly and can not be achieved easily. We fled from Burma simply because our lives are in danger, and to live in a constant state of fear is most difficult to bear. Since we are all young people, we cannot afford our lives to be cut short. We want to live.

We all have made sacrifices in various forms to come to Guam. Some of us have left our children and spouses back in Burma, and all of us left behind our land, our relatives and our dear friends. We all sold whatever property we had, or borrowed money in order to get Burmese passports and some of us pawned our homes and fields. Some of us have paid the equivalent of $750 (US dollars) to get a single Burmese passport. Some of us have changed our names in order to avoid being detected by the all-powerful MIS agents (Military Intelligence Service agents.) Most of us hid in various homes and different places in Rangoon so as not to be caught by government spies.

We all came to Guam through Bangkok via Seoul, Manila or Taipei; the air ticket from Burma to Guam costs us about $1000 (US dollars.) We all brought along with us US$500 as “Show Money”. (It is quite likely that a few MIS agents might have infiltrated into Guam from Burma pretending to be visitors, in order to observe what we are doing here and what we are up to. We are taking all precautions in all our activities here on Guam.) To arrive on Guam is very costly and risky for us. But we take all those risks in order to save our lives.

The US government had closed the door to Guam on the 10th of January 2001, and this is a tragedy for those Burmese nationals who are actively working for democracy in Burma. Because the only door open for them has been closed, and they have no where to go to save their lives. They are destined to their fate: into the iron hands of the MIS.

Where do we go from here? Those of us who arrived on Guam, we want to say how grateful we are to the US Immigration and Naturalization Service for having allowed us to enter into Guam. We all feel much safer and at peace. We are also extremely grateful to various churches here on Guam and mainland USA for helping us in the form of clothes, beds, cooking pots and pens, tinned food, money and above all their love and affection for us, probably “the unlovable.” We all say “thank you” to you all from the bottom of our hearts.

But our “Show Money” of $500 has run out or is running out for renting houses and for food. Currently, we the Burmese nationals here on Guam number around 1000, are located in various villages here on Guam renting over 70 houses. Friends and relatives both from Burma and mainland USA are helping us, but this help cannot go on indefinitely. A few of us have gotten sick and needed hospitalization, incurring thousands of dollars in debt to the hospital. Over 300 of us have been skin tested, and although some results are positive chest x-rays have revealed “normal lungs” with no active TB disease. Other than these, we have not been a burden to the Government of Guam. We want to take care of ourselves as far as possible. Most of us are high school and college graduates and some of us are doctors, engineers, pastors and teachers.

Having no jobs available on Guam has had a detrimental affect on us. Other than a few men and women, perhaps fifty, who have been working at odd jobs in various villages, we are jobless on the island of Guam. Even for those of us who have received a “work permit”, any paying job is hard to find. Since the unemployment rate is over 15%, it will be a long while until jobs will be available.

Could we dare to make a request to INS? Most of the Burmese nationals arrived here on Guam during the last 7 months. Most of us have submitted our applications asking for political asylum, and some of us have received “temporary permits to stay” here on Guam.

However, during the last 7 months, only 55 Burmese nationals have been interviewed by Immigration officers. If the same process rate continues in the coming days, it will take 8 years to complete processing the over 800 Burmese nationals. Also the result of those interviews conducted in October 2000 has not been announced either, which is a very discouraging and disheartening prospect we are facing in the coming days and months. For us the future is not bright; it is indeed bleak! Can we make a humble request to the US INS to speed up processing our applications?

Our Future: We look forward to the day when we can live our lives with security and peace and freedom. With God’s help, you – citizens of the USA – are our future! Just as God provided the ancient suffering Israelites their Moses to lead them to the promised land, you are our Moses at this time in our history to lead us into the promised land, called the United States of America.

May God bless each one of you in all your undertakings.

Guam. January 24,2001

Christians in Annual Admissions  

Persecuted Karen, Karenni, and Chin Christians Not Allowed

Refugee resettlement embodies America’s humanitarian tradition. In a time of increasing tension and conflict, it is essential that America’s door remains open to victims of violence and intolerance who have no other place to go.

The legal basis of the refugee admissions program is the Refugee Act of 1980, which defines a refugee in words that closely track those of the 1951 United Nations Convention Relating to the Status of Refugees: “a refugee is a person who is outside his/her country and is unable or unwilling to return to that country because of a well-founded fear that he/she will be persecuted because of race, religion, nationality, membership in a particular social group, or political opinion.” The Act also allows the President to extend this definition to certain persons still resident in countries he specifies.

Christians Overlooked

Unfortunately, several persecuted communities in Burma with strong historical ties to the U.S. have been overlooked by this policy. The Karen, Karenni, and Chin people are systematically persecuted by the Burmese military government. A very high percentage of these people are Christian and are oppressed because of their ethnicity and faith. These people were our allies in the 2nd World War and fought side by side with our soldiers to repel the Axis forces. They were promised by the British that they would have their own homeland after the war, but it never happened. After the war the Burmese majority–who sided with the Axis–engaged in a policy of ethnic cleansing that continues to this day. The situation deteriorated greatly in 1988 when the military took over the government. The Karen, Karenni, and Chin have been fighting for survival for nearly fifty years, and could be considered the “forgotten people.”

Currently more than 100,000 Karen, Karenni, and Chin men, women, and children live in refugee camps in Thailand and India. Thousands more are internally displaced in the Burmese jungle. These internally displaced individuals are cutoff from outside assistance and live one step ahead of roving Burmese soldiers.

In FY 1998 the ceiling for refugee admissions from East Asia was 14,000. In the first seven months of that year, some 4,400 refugees arrived in the U.S., only 86 were from Burma. Most of these were ethnic Burmese.

In FY 1999, 10,204 refugees entered the United States from East Asia. The majority of FY 1999 admissions were from Vietnam. Again, most, if not all the Burma admissions were ethnic Burmese.

Time for Change

It is time for the United States to remember our forgotten allies and specifically include the Karen, Karenni, and Chin refugees and displaced persons in the annual admissions from East Asia.

Please Contact your Congressional Representatives in Washington today.

http://www.house.gov
http://www.senate.gov
Source: Christian Freedom International Website
http://www.christianfreedom.org/campaigns/refugeepolicy.html

REFUGEES

Mr. Tapan K. Bose

The Indian government deal with at both political and administrative level. The result is that treated that under the law applicable to the aliens. In the case of refugees protection, the constitution of India guarantees certain fundamental rights, which are applicable to non-citizen. Namely, the rights to equality( Article 14 ), the rights life and personnel liberty (article 21) and the freedom to practice and propagate their own religion (article 25). Any violation of these rights can be remedied through recourse to the judiciary as the Indian Supreme Court has held that refugees or asylum seeker can not be discriminated against because of their non- citizen status.

The National Human Rights Commission of India ( NHRC ) has functioned effectively as a watchdog for the protection of refugees. The commission has approached the Supreme Court of India under Article 32 of the Constitution and obtained protection from the Chakma Refugees when their life and securities was threatened by local politician and youth leader in Arunachal Pradesh. Relief was granted by the Supreme Court on the basis of the rights aliens under Article 14 and 21.

The Chief Justice of the Supreme Court, Justice Ahmeadi in NHRC versus State of Arunachal Pradesh ( 1996 SCC 742 ) speaking for the Court said that the State is bound to protect the life liberty of every human being. He point out that the rights of refugees under the Constitution of India were confirmed by Article 21, which also included the rights to non-refoulement.

India refugees policy is further governed by certain administrative regulation. The standard of humane treatment set by these administrative regulations flowed from the ethos that persons displaced from their home need both protection and economic sustain. The administrative experience of the Ministry/Department of Rehabilitation and the laws adjudicated at the time of Partition contributed towards a refugees policy for India.

India, refugees are register under the 1939 Registration act, which applicable to all foreigner entering to India. Under the 1946 Foreigner Acts, the Govt. is empowered to regulate the entry, presence and departure aliens in India, though the word “ alien “ itself is nowhere defined. Entry as also governed by the passport Act 1967. Entry can be restricted if a person dose not have a valid passport or visa, though the Government can exempt person when so desires. These procedure are linked at this stage to individuals who enter India without a valid visa or any other document. Though it is related to illegal migrants, the exemption provision is applicable to refugees. Besides, refugees in developing countries, unlike those in the west ( barring those from former Yugoslavia ) usually descend in large numbers. Under these circumstances, refugees become an administrative to oversee the relief and rehabilitation process rather than to supervise who stays or dose not stay.

As mentioned previously , the government of India alone determine refugees status and has no specific legislation to deal with refugees. Prof. Saxeny of Jawaharlal Nehru University maintains despite this lacuna India dose apply in practice certain articles of the 1951 Convention. This includes :

. Article 7 as India provides refugees the same treatment as all aliens.

. Article 3 as India fully applies a policy of non – discrimination.

. Article 3A no penalty is imposed on illegal entry.

.Article 4 as religious freedom is guaranteed.

. Article 16 free access to courts is provided.

.Articles 17 and 18 provide wage-earning rights and as work permits have no meaning and refugees do work, this article is complied with.

. Article 21 freedom of housing allowed and refugees need stay in camps. Freedom of movement as guaranteed to aliens except in certain areas where special permits are required for aliens but also all Indians.

. Article 27 and 28 the issuing of identity and travel cards.

However, many activists have contested the assertion of Prof. Saxena. They point out that the majority of Sri Lankan Tamil refugees and almost all Jammu/Chakma refugees were forced to live inside camps. Severe restriction were imposed on their freedom of movement. The asylum seeker from Burma were arrested and jailed and that 1995-97 approximately 5000 Chin/Burmese were pushed back. They also point out that as the government dose not issue “RESIDENCE PERMIT” to all refugees, they are unable to open bank account, rent house and set up any business. India educational institutions do not give admission to refugees. As a result young refugees unable pursue their academic career.

India is not a party to the 1951 UN Refugees Convention or its Protocol, its domestic laws have not been found to be in conflict with international laws. While it can be justifiably proud of having followed a program of humane treatment of different refugees, with respect to refugees rights, there is still an absence of assistance and opportunities. To protect the refuges by means of the activists approach has its own limitations.

Judicial Interpretations: Case Law in India

In India, the judiciary has played a very important role in protecting refugees. Court orders have filled legislative gaps and in many case provided a humanitarian solution to the refugees` problem. In India court have allowed refugees and intervening NGOs to file case before them. Further they have interpreted provisions of the Indian Constitution, exiting law, and in the absence of seekers. Given below is a summary of the type of protection that India court have provided to refugees.

Physical Security

India courts have decided in a number of cases that the Constitutional protection of life and liberty must be provided to refugees. In the cases of Luis de Readt ( 1991) 3 SCC 554 and Khudiriam ( nos. 1994 Supp. (1) SCC 615 , the Supreme held that Art. 21 of the Constitution of India , which protects the life, and liberty of Indian citizens are extended to all, including aliens.

Below are some of the most important decision of the Supreme Court. The Supreme Court of the National Human Rights Commission versus State of Arunachal Pradesh case restrained forcible expulsion of Chakma Refugees from the state ( Civil WP No 720/95 : 1996 (1) Supreme 295 ). The Supreme Court in its interim order on November 2 1995 directed the State government to ensure that the Chakma situated in its is territory are ousted by any coercive action, not in accordance with law. The Court directed the state government to ensure that the life personnel liberty of each and every Chakma residing with the state shall be protected. Any attempt to forcibly evict of driven them out the state by organized groups shall be repelled by using para-military or police force and if additional force are required then the state should take the necessary steps. The court also decide that the Chakma shall not be evicted from their home except in accordance to the law; the quit notices and ultimatums given by other groups should be dealt with in accordance with the law; application for their Citizenship be forwarded and processed expeditiously ; the pending decision on these application shall not be evicted.

Non-Refoulement and Right to Refugees Status:

In a number of cases in India Court have protected the right of refugees where they are substantial ground to believe that life would be in danger. There are case where the courts have order the life of refugees who are in danger be safeguarded and have allowed them to be granted status by UNHCR.

In Zothansangpui verus State of Manipur ( C.R No.981 of 1989) The Gauhati – Imphal Bench, Guahati High Court ruled that refugees have the rights not to be deported if their life was in danger.

The case of U.Myat Kyaw versus State of Manipur ( Civil Rule No. 516 of 1991 has contributed substantially to India’s refugee policy. It involved eight Burmese, aged 12 to 58 years, which were detain for illegal entry at MANIPUR central jail, Imphal. These persons had participated in the democracy movement, voluntarily to the Indian authorities and taken into custody. Cases were registered under section 14 of the Foreigners Act for illegal entry into India. They petitioned for their release to enable them to seek refugee status before the UNHCR in New Delhi. The Gauhati High Court, under Art.21 ruled that asylum seekers who enter India ( even if illegally ) should be permitted to approach the Office of the United Nation High Commissioner to refugee to seek refugee status.

Deporting on grounds of National Security and Criminal Activities

The Court has ruled that refugees can be deported on the grounds of national security. Under the foreigner Act of 1946 if they were found indulging in activities undesirable and prejudicial to the Security of India. The High Court of Delhi at New Delhi ruled that International Law and Conventions cannot be applied to refugees indulging in criminal activities. They can be repatriated or deported.

Right to Leave (Return)

The Court has upheld a refugee’s right to leave the country. In Nuang Maung Mye Nyant versus Govt. of India and Shar Aung versus Govt. Of India —— of 1998 , the courts ruled that even those refugees against whom cases were pending for illegal entry should be provided exit permits to enable them to leave the country for third country resettlement.

Application of International Laws for the protection of refugees

This included conformity with International Conventions and Treaties , although not enforceable , the government was obliged to respect them. But the power of the government to expel a foreigner is still absolute . Art. 21 guarantee the right to life for non -citizens. International Covenants and Treaties which effectuate the fundamental rights can be enforced. The principal of non-refoulement is encompassed in articles so long as it is not prejudicial to national security. Under Art 51 ( C ) and 253 international law and treaty obligation are to be respected, as long as they are consistent with domestic law.

AND LIBERTY CURTAILED  

(The statement of Burmese nationals on Guam seeking asylum in the USA)
By Rev. Dr. Hre Kio

Burma: Burma, placed between Bangladesh, India, China, Laos and Thailand, with a land mass of 261,789 square miles, (678,033 sq km) known as “the rice bowl of Southeast Asia” in the early 1900s, got its independence from Britain on January 4,1948 after a long struggle for freedom. Independence came first from the United Kingdom; second from the Japanese wartime occupation and then again from the British colonial rule after the II World War. The independent Burma chose to follow the path of Parliamentary democracy from its inception with two house-organs: the Upper House of Chambers and the Lower House of Nationalities. The Prime Minister was leader of the government and the President was head of state.

Since independence, democracy developed and grew in Burma since independence and after three general elections (1951,1956, & 1960) democracy appeared to be taking firm roots in the country. In spite of its inevitable flaws, democracy proved to be a better system not only in the process for governing the people but also in terms of peaceful change of hands as to who are to be entrusted with the power to rule. By 1960, Burma was called “the rising star of the Southeast Asia” particularly in the field of economic development whose progress was significant and dramatic.

“The Iron Curtain” fell: On March 2,1962, based on dubious reasons, the democratically elected government of Prime Minister U Nu was removed by force by a bloodless military coup and the state power was passed into the hands of the Revolutionary Council headed by General Ne Win. This military and totalitarian regime has ruled the country of Burma with iron hands and cruel tactics for the last 38 years. This socialistic system of government introduced a one party system – The Burma Socialist Program Party. Its name was changed to SLORC – State Law and Order Restoration Council in 1989, and after ten years to SPDC – State Peace and Development Council. “Burma” was also changed to Myanmar – the name pro-democracy movements refuse to use. All foreign missionaries were forced to leave the country in 1964.

All is not quiet at the front: During these 38 long years of tyranny, the people did not sit with passive resignation. They did do something to achieve freedom and democracy. When the people time and again demonstrated against tyranny, the army quelled them with force. Gen. Ne Win boasted, “When the army shot, it shot straight.”

Five months after the coup, on July 7, 1962, university students demonstrated against the government. Soldiers were ordered to fire on the students. Official count put 16 students dead, while generally it was claimed that over 100 dead was more accurate. The tragedy culminated when the authorities dynamited the Rangoon University Students’ Union building and reduced it to rubble. Many believed that the building was full of students, all of whom were killed in the blast.

In the summer of 1974, the meanness of spirit was shown by the authorities over the funeral of U Thant, retired Secretary-General of the United Nations. The University students took over the funeral arrangement of U Thant when they saw the disgraceful arrangement prepared by the military. This action resulted in the deaths of a good number of students at the hands of the soldiers.

Again in 1976, soldiers quelled the strikers of dock-workers when they demonstrated against the new rules introduced by the government. The authorities never revealed the number killed, but the estimate was close to 50.

The largest uprising against the government took place in August 1988, (code named 8.8.’88). It affected the whole country, and participating in the demonstrations led by University students were people of all ages from all different strata of society: farmers, laborers, civil servants, including members of the armed forces, Buddhist monks, Christians, Muslims, intellectuals, professionals, businessmen, small traders, housewives and artists. Their one and only demand was to change the authoritarian rule of military dictatorship which had impoverished Burma intellectually, politically, morally and economically. And on September 18, the military authorities ordered fire on the weaponless civilian demonstrators, and “the army shot straight.” Thousands, including children, were cut down, by bullets from the army’s rifles and tanks. Hundreds were buried in mass graves with many wounded still alive. The army never revealed the locations of those graves to the public. The peoples’ hopes were crushed to the dust once again.

Eleven years later, on September 9, 1999 (code named 9.9.’99), a demonstration and uprising was secretly planned, again led by university students, and pro-democracy movement leaders and some Buddhist monks. However, the Military Intelligence agents were ahead of the game; they launched a pre-emptive strike, throwing many of the leaders into prisons where they languished without proper trials and legal representation.

In all these series of struggles for democracy, one thing is clear: students have been at the forefront of the movement for democracy. As a result, they suffered the most as well. Those who fled the country for fear of imprisonment and torture and reached Guam for safety and asylum are mostly young people reflecting the reality of the tragedy in Burma. Each one can tell his or her own story of the struggles they went through.

The World is not silent either: The United Nations General Assembly has more than once passed resolutions condemning Burma for its actions on its own people, its human right abuses and its restrictions on political and religious activities. The US government has passed sanctions against new investments in Burma and strictly banned travel to the USA by the Generals of Burma. The European Union has time and again passed strongly worded resolutions condemning the actions of the Burma government and even refused to sit at a meeting with ASEAN ministers if any minister from Burma participated in the meeting. The EU also banned travel to their region by any military leaders from Burma. The International Labor Organization imposed sanctions against Burma in November 2000. This ban against Burma was based on Burma’s government consistent and long practice of forced labor at all levels of society.

China has been the main supporter of Burma’s military rule for years in terms of moral and material support. Last year India joined the club even to the extent of forcibly returning Burmese (mostly Chin) refugees from Mizoram, India to Burma, right into the “jaws of death.” The ASEAN policy of “constructive engagement” has not been successful. It is constructive mainly to the leaders of Burma’s military junta; it is disruptive, even destructive, to the common people and movement of democracy within Burma, because it prolongs the life of a ruthless regime.

The United Nations in 1987 designated Burma, once called “the rising star of Southeast Asia” as one of the 12 poorest countries in the world. Burma, one of the richest nations in Asia in terms of mineral resources such as jade and rubies, including the largest teak forest reserve in the world, has been mismanaged by the generals into one of the poorest nations on earth. This is a crime the government has committed against its own people. Its cruel practice of widespread use of forced labor and forced contribution of money to the building of Buddhist pagodas, involuntary relocation of people targeted primarily at the ethnic minority, military offensives against civilians forcing them to be porters, threats and intimidation, destruction of crops and livestock, forcing Christians to sell liquor even though their religion forbids its sell and consumption, rapes, torture and summary arrest and executions have been well known for a long, long time. The government has denied all these cruel practices for many years, but the people inside the country know very well that the government is not telling the truth.

The result of general election voided: After the 1988 people’s uprising, for fear of the people and in an attempt to pacify them, the military government announced a general election to be held in May 1990. Political parties were required to register to the Central Election Commission office in Rangoon. Over 200 parties registered with the government. The National League for Democracy was one of them, led by Aung San Suu Kyi, the daughter of Gen. Aung San, the hero of Burma’s independence. Gen. Aung San was assassinated by his political opponent U Saw, five months before independence.

The general election of May 1990 was regarded as the fairest and freest election in Burma’s history. The result of the election showed that NLD, led by Suu Kyi, received 82% of the seat in Parliament. This massive support of NLD by the people was a landslide victory for MS Suu Kyi, although she herself was barred by the government to compete for a Parliament seat. This election demonstrated both a disfavor towards the military government whose favorite party was named “The National Unity Party”, and a favor towards Ms Suu Kyi, as a leader of enormous ability, of quality, charisma and integrity. MS Suu Kyi was awarded the Noble Peace Prize in 1991, and recently the Presidential Medal of Freedom by President Clinton, in November 2000, the highest civilian award that the US government can offer.

The military government cruelly refused to hand over power to the leaders elected by the people, and thereby the will of the people, 82% of the voters, was voided by the generals. For them “power resides at the barrel of the guns.” They betrayed the will of the people to whom they had made a promise that they would relinquish power to whoever was the winner in the general election. It is next to impossible to convince those who have acquired power forcibly of the wisdom of peaceful change. The realization of that wisdom usually occurs when it is too late. In Burma, tragedy of national proportion awaits! All political parties are extinct now in Burma, and the only party (the NLD) too is on the verge of being annihilated by a slow process of eliminating its members. Its leader Aung San Suu Kyi is now virtually under house arrest. Religious discrimination: Burma is comprised of many language and ethnic groups who are minorities in the land. Minorities like Karens, Kachins and Chins have converted to Christianity, and therefore in Chin, Kachin and Karenni States, the majority of the populations are now Christians. This situation brings particular difficulties for the people. The military government, comprising purely of the Burmese, who form the majority in the whole country, about 75%, dictates what should and should not be done in these “Christian” states. What is ethical and moral does not count for the Buddhist authorities in power. Religious discrimination and persecution is amply visible, in Chin State and elsewhere. A few examples will suffice:

Christian Church building permission is impossible to obtain from the authorities throughout the country.

Those who have started building are forced to stop. (Eg: Chin centenary building in Hakha – the capital of Chin State; United Pentecostal Church in Hakha; Zomi Theological dining hall in Falam; Church of Jesus Christ church in Falam; Kachin Church in Pakan; Roman Catholic hall in Pakan; Salvation Army church in Khampat.)

Christian crosses planted on the top of the hills are forcibly removed by the order of Col. Than Aung in Kanpalet, Thantlang, Hakha, Falam and Tiddim townships, very often using the very Christian hands that had planted the crosses in the first place.

It was Col. Than Aung who declared publicly, in Chin State, that Christian pastors are his number one enemy, accusing them as pro-white faced colonialist stooges.

Christian institutions are removed: Revival School of Theology in Maymyo; Lisu Bible School in Maymyo; Lisu Christian school in Mogok.

Churches in Mogok town are forcibly painted black, or face being removed.

Lai Baptist Church’s worship in Insein, near Rangoon was interrupted by soldiers in uniform and the church was closed.

Those who persisted in constructing their church building are beaten severely. (Eg: A Salvation Army pastor in Khampat beaten by an army captain – beaten so badly he needed hospitalization.)

Those who persisted in preaching the Gospel faced torture and death. (Eg: A Naga preacher-evangelist in Homelin township of Sagaing Division was falsely accused of aiding Naga underground movement, was beaten to death and his body was dragged down the street to intimidate the villagers.)

These kinds of activities are going on currently in Burma, without being noticed by the world at large.

Racial discrimination: This is a policy the Government in Burma has been practicing for over 50 years, although it is not what they preach. Space and time does not allow detailing all the incidents that have occurred in Burma on the ethnic minorities for so long a period. These incidents took place not in the capital city of Rangoon, but mostly in the States (Chin, Kachin, Shan and Karen States). A few examples will suffice:

There is no minister in the government from people with ethnic background. Even top civilian jobs with authentic power are not open to them.

Soldiers from ethnic backgrounds are not permitted to be promoted over the rank of major, nor are they permitted to attend Military Academies. Some Christian officers have been told point blank: “If you remain Christian, you remain a captain; but the moment you confess to be Buddhist you jump to the next rank.” Most of the time, Christian officers choose to remain Christian.

Those minorities who had been ranking officers in the army and police are slowly eliminated from the services. One of those officers is in Guam and he can testify his experience is asked. Another unwritten regulation in the armed forces policy dictates that:

A soldier who converts a Christian to Buddhism will be promoted immediately;

Any Buddhist soldier marrying a Christian lady will be promoted to the next rank;

A Buddhist soldier having children with a Christian spouse will be promoted to the next level in rank.

Any Buddhist soldier marrying an ethnic girl who is a graduate and the daughter of a chief will be awarded with an increased salary of K1200/- a month.

Any Buddhist soldier’s salary will be increased by K1000/- a month if he marries an ethnic girl who is a college graduate.

In many districts in minority areas, the government ordered not to teach their minority languages in government primary schools. And no private schools are allowed in the country. All Christian schools have been nationalized since 1965. This effort of the government appears to be a basic and yet fundamental attempt to Burmanize the whole country and eliminate all 130 ethnic groups. It is a miracle that after 50 years of this kind of systematic campaign by the military government there are still ethnic groups existing at all in Burma. The vast majority of those of us who fled to Guam are from various ethnic groups.

In these States, mentioned above, soldiers forced young men to carry their equipment and rations in the areas where fighting took place between the government and the anti- government forces. These young men are called “porters”. Day after day, the porters were forced to serve as “shields” – forced to go ahead of the platoon of soldiers to get shot by the enemies. When the porters were sick and weak, or suffered exhaustion due to heavy loads, they were left behind to die a slow death, or even were shot dead. Young women’s fate, when they served as porters, were worse: they faced both being raped and be shot. No wages or compensation was paid. This kind of abuse had occurred in Burma for the last 38 years without being noticed by the world at large.

Private car owners in these States constantly faced the highhanded demand from the solders: their cars – mostly truck and jeeps – were taken by force by the soldiers (since the soldiers lack military trucks) for days and weeks moving them in all sorts of conditions and environments. Usually the private cars never returned in good conditions. Most of the time the cars were left behind in the jungle. There was no compensation paid by the soldiers nor any apology offered.

A driver’s license could be taken away, or being slapped on the face for passing over the military officer’s car.

This kind of inhumane practice was widespread and has been going on for many years.

Physical abuse and mental torture: It is a tall order to attempt to detail all the incidences of physical abuse and mental torture that the government has used against its opponents which they call “the enemy of the state.” We will mention a few:

The “opponents” were arrested usually in the middle of the night unexpectedly,

“A few minutes of questioning” always resulted in months or years of imprisonment. Tortures take different forms:

Meals (usually rice) were mixed with sand,

Pins were pushed between the flesh and fingernails,

Prisoners were forced to kneel on sharp pebbles until their knees bled,

Inmates were put naked in the open to be “feasted” by malaria carrying mosquitoes,

Simple drops of water on the head for hours turns into horrifying and deafening sounds to the victim, Plastic bags were placed to envelop their heads for a period of time until the victim becomes unconscious, and then he/she was released for a time to recover, The prisoner was placed in an empty barrel and pushed around by trucks for hours,

Those arrested or transferred to another location were bagged into gunny bags and tied at the top, to be sat upon by soldiers on moving trucks,

Hot and pointed iron rods were pierced through the flesh of the thighs,

A rat was placed in a pot which was attached to the prisoner’s stomach; when the pot was made hot the rat dug into the stomach in an desperate attempt to escape,

To break their will, prisoners were placed without food or water for days,

Their four limps were stretched out and tied to four corners of the room,

Prisoners were put in dark room for days, making them virtually blind for days,

Prisoners usually became “mentally disturbed” when they were hung upside down, their legs tied to the ceiling and their heals beaten slowly with an iron rod, Inmates were threatened constantly to be shot, a mental torture that keeps them constantly awake, making sleep impossible.

Some of those arrested are turned into forced labor, known as “zebet” who in uniform were regimented into hard labor for months and years, removed to remote areas where neither their relatives nor religious and social workers can see or help them. These prisoners were condemned to die slow deaths. They were often put in chains even while working, and most of them died in isolated parts of the country where medical facilities are non-existent. Often bullock yokes were tied to their neck in pairs, as if they were bulls, plowing muddy fields, making furrows for planting paddies in the rainy season. Many of the “zebet” prisoners collapsed exhausted in the mud. Then they were removed to isolated areas never to be fed any meals, left alone to die a slow death. Their bones were never recovered, nor their graves known. Their number is by the thousands, most likely around 40,000.

Some of us who fled to Guam have gone through some of these kinds of physical torture. (One of us will present his ordeal to you today.) These dangers are some of the risks we will face again if we are forced to return to Burma from Guam.

To flee Burma is a costly and risky business: All of us, who have arrived on Guam have faced the above mentioned types of danger and torture in one form or another as we all have worked and struggled to restore democracy in Burma. We have realized that democracy is costly and can not be achieved easily. We fled from Burma simply because our lives are in danger, and to live in a constant state of fear is most difficult to bear. Since we are all young people, we cannot afford our lives to be cut short. We want to live.

We all have made sacrifices in various forms to come to Guam. Some of us have left our children and spouses back in Burma, and all of us left behind our land, our relatives and our dear friends. We all sold whatever property we had, or borrowed money in order to get Burmese passports and some of us pawned our homes and fields. Some of us have paid the equivalent of $750 (US dollars) to get a single Burmese passport. Some of us have changed our names in order to avoid being detected by the all-powerful MIS agents (Military Intelligence Service agents.) Most of us hid in various homes and different places in Rangoon so as not to be caught by government spies.

We all came to Guam through Bangkok via Seoul, Manila or Taipei; the air ticket from Burma to Guam costs us about $1000 (US dollars.) We all brought along with us US$500 as “Show Money”. (It is quite likely that a few MIS agents might have infiltrated into Guam from Burma pretending to be visitors, in order to observe what we are doing here and what we are up to. We are taking all precautions in all our activities here on Guam.) To arrive on Guam is very costly and risky for us. But we take all those risks in order to save our lives.

The US government had closed the door to Guam on the 10th of January 2001, and this is a tragedy for those Burmese nationals who are actively working for democracy in Burma. Because the only door open for them has been closed, and they have no where to go to save their lives. They are destined to their fate: into the iron hands of the MIS.

Where do we go from here? Those of us who arrived on Guam, we want to say how grateful we are to the US Immigration and Naturalization Service for having allowed us to enter into Guam. We all feel much safer and at peace. We are also extremely grateful to various churches here on Guam and mainland USA for helping us in the form of clothes, beds, cooking pots and pens, tinned food, money and above all their love and affection for us, probably “the unlovable.” We all say “thank you” to you all from the bottom of our hearts.

But our “Show Money” of $500 has run out or is running out for renting houses and for food. Currently, we the Burmese nationals here on Guam number around 1000, are located in various villages here on Guam renting over 70 houses. Friends and relatives both from Burma and mainland USA are helping us, but this help cannot go on indefinitely. A few of us have gotten sick and needed hospitalization, incurring thousands of dollars in debt to the hospital. Over 300 of us have been skin tested, and although some results are positive chest x-rays have revealed “normal lungs” with no active TB disease. Other than these, we have not been a burden to the Government of Guam. We want to take care of ourselves as far as possible. Most of us are high school and college graduates and some of us are doctors, engineers, pastors and teachers.

Having no jobs available on Guam has had a detrimental affect on us. Other than a few men and women, perhaps fifty, who have been working at odd jobs in various villages, we are jobless on the island of Guam. Even for those of us who have received a “work permit”, any paying job is hard to find. Since the unemployment rate is over 15%, it will be a long while until jobs will be available.

Could we dare to make a request to INS? Most of the Burmese nationals arrived here on Guam during the last 7 months. Most of us have submitted our applications asking for political asylum, and some of us have received “temporary permits to stay” here on Guam.

However, during the last 7 months, only 55 Burmese nationals have been interviewed by Immigration officers. If the same process rate continues in the coming days, it will take 8 years to complete processing the over 800 Burmese nationals. Also the result of those interviews conducted in October 2000 has not been announced either, which is a very discouraging and disheartening prospect we are facing in the coming days and months. For us the future is not bright; it is indeed bleak! Can we make a humble request to the US INS to speed up processing our applications?

Our Future: We look forward to the day when we can live our lives with security and peace and freedom. With God’s help, you – citizens of the USA – are our future! Just as God provided the ancient suffering Israelites their Moses to lead them to the promised land, you are our Moses at this time in our history to lead us into the promised land, called the United States of America.

May God bless each one of you in all your undertakings.

Guam. January 24,2001

To protect and promote human rights and democratic principles