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BURMA'S FOUNDERS KNEW EXACTLY WHAT
- Subject: BURMA'S FOUNDERS KNEW EXACTLY WHAT
- From: m.win@xxxxxxxxxx
- Date: Wed, 22 Sep 1999 09:04:00
Subject: BURMA'S FOUNDERS KNEW EXACTLY WHAT HUMAN RIGHTS WERE
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BURMA COURIER No. 195 Aug 15 - 21, 1999
Commentary
BURMA'S FOUNDERS KNEW EXACTLY WHAT HUMAN RIGHTS WERE
>From an editorial in The Nation: August 19, 1999
Burma scholar and friend Josef Silverstein reflects on the central point =
of
human rights in the half century struggle for nationhood in Burma. =
Taken
from a longer article in which Silverstein comments on the implications =
of
the recent appointment of Australian Human Rights Commissioner Christ
Sidoti to consult on the possibilities of a human rights commission in
Burma. We'll be glad to forward the full article to interested readers. =
-----------------------------
Human rights, as expressed in the UN Declaration of Human Rights and
understood around the world, are not foreign to the peoples of Burma. =
The
leaders of the nation who won independence and wrote the original
constitution knew exactly what human rights were. They made certain that
they were inscribed at the beginning of the constitution so that there
could be no mistake about their importance.
Called fundamental rights, there were 20 articles in the constitution
devoted to describing and defining them. And until the military seized
power in 1962 and swept the constitution aside, there was a strong =
national
judiciary -- courts, judges and lawyers -- which, when the occasion =
arose,
was not afraid to find and rule against the state and defend the rights =
of
the people.
The restoration of human rights has been a major objective of the =
peoples
of Burma since they were taken from them in 1962. In 1974, the military
oversaw the writing of a new constitution which took no note of the UN
Declaration of Human Rights or any other landmark declaration in the
history of man's struggle for freedom, autonomy and personal integrity.
In the 1974 constitution, there were no absolute rights. All rights =
were
conditioned by the goals of the state; no citizen could claim a right =
that
was contrary to sovereignty and the security of the state; no one could
claim a right against the basic essence of the socialist system, against
unity and solidarity of the people or against public peace, tranquility =
and
morality. The state was the author of rights and duties and no one could
invoke them against it. This is the military rulers' legacy on human =
rights
and a careful reading of the reports on the subject issued by the
Constitutional Commission indicate that it has not changed.
Today, the peoples of Burma, whether Burman or non-Burman, urban or =
rural,
know that to recover their rights, there must be a change in the present
political system from a dictatorship to a constitutional democracy which
would apply to all -- military and civilian. The leaders of the NLD have
called for dialogue between themselves, as victors in the only free
election since 1960, the ethnic minorities, who have been at war with =
the
state in order to get what the founding fathers promised them on the eve =
of
independence, and the military rulers as the first step toward change.
The NLD and the ethnic minorities are asking for dialogue without
preconditions, for the right to form a government based on the outcome =
of
the 1990 election and an end to the war by the military against the =
people.
For years, Burmese living both abroad and in hiding inside of Burma =
have
studied their own constitutional history, the constitutions of the world
and human rights movements on all continents. They know why the =
original
constitution failed and they know what needs to be done in a new one so
that it will not fail again. They are intelligent and can speak for
themselves if they are given a chance.
The problem today is that the military cannot and will not participate =
in a
dialogue with its unarmed, but well informed citizens. What Australia's
Human Rights Commissioner Sidoti will quickly learn, if he does not know =
it
already, is that educated men and women are seen as a threat to the =
poorly
educated officers and men who rule the country by force alone.
What country in this modern world deprives its best and brightest young
people a higher education so that they can eventually take their places =
in
government, business, the professions and the military, and lead the =
next
generation forward in the new century? What government in Asia fears its
people so, that it has transformed a free nation into a prison and lives
under the threat Gen Ne Win made in July 1988 that the military will =
shoot
to kill if any resist its orders?
If Sidoti really intends to go forward and engage the military in a
dialogue about the creation of an independent human rights commission, =
it
will be interesting to see how the talks will go given the actual =
situation
on the ground in Burma and the theoretical ideas he would like to see
planted in its bloody earth.
The spokesmen for Burma's rulers continue to engage in empty rhetoric =
about
how well the country is doing; how happy most of the people are under =
its
rule; how a future democracy will come only after there is stability --
whatever that term means. It may be that the military rulers will never =
be
able to recognize the realities of Burma and the hell they have made of =
it;
but surely someone who is educated knows what democracy is and realizes
that a human rights commission, to function at all, cannot be erected =
and
work until there is an environment in which it can take root and =
function.=20
Such an environment does not exist in Burma today; and so long as the
military continues to run the country, it never will exist.
The people of Burma deserve more than they have gotten for the past =
three
and a half decades. Help them, Sidoti, to recover power. They have a =
right
to govern themselves and lead their nation into the new century.
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<DIV><FONT face=3DArial size=3D2>BURMA COURIER No.=20
195 &nbs=
p; Aug=20
15 - 21, 1999<BR></FONT></DIV>
<DIV><FONT face=3DArial size=3D2>Commentary<BR><BR>BURMA'S FOUNDERS KNEW =
EXACTLY=20
WHAT HUMAN RIGHTS WERE<BR>From an editorial in The Nation: August =
19,=20
1999<BR><BR>Burma scholar and friend Josef Silverstein reflects on the =
central=20
point of<BR>human rights in the half century struggle for nationhood in=20
Burma. Taken<BR>from a longer article in which Silverstein =
comments on the=20
implications of<BR>the recent appointment of Australian Human Rights=20
Commissioner Christ<BR>Sidoti to consult on the possibilities of a human =
rights=20
commission in<BR>Burma. We'll be glad to forward the full article =
to=20
interested readers. <BR>-----------------------------<BR><BR>Human =
rights, as=20
expressed in the UN Declaration of Human Rights and<BR>understood around =
the=20
world, are not foreign to the peoples of Burma. The<BR>leaders of the =
nation who=20
won independence and wrote the original<BR>constitution knew exactly =
what human=20
rights were. They made certain that<BR>they were inscribed at the =
beginning of=20
the constitution so that there<BR>could be no mistake about their=20
importance.<BR><BR>Called fundamental rights, there were 20 articles in =
the=20
constitution<BR>devoted to describing and defining them. And until the =
military=20
seized<BR>power in 1962 and swept the constitution aside, there was a =
strong=20
national<BR>judiciary -- courts, judges and lawyers -- which, when the =
occasion=20
arose,<BR>was not afraid to find and rule against the state and defend =
the=20
rights of<BR>the people.<BR><BR>The restoration of human rights has been =
a major=20
objective of the peoples<BR>of Burma since they were taken from them in =
1962. In=20
1974, the military<BR>oversaw the writing of a new constitution which =
took no=20
note of the UN<BR>Declaration of Human Rights or any other landmark =
declaration=20
in the<BR>history of man's struggle for freedom, autonomy and personal=20
integrity.<BR><BR>In the 1974 constitution, there were no absolute =
rights. =20
All rights were<BR>conditioned by the goals of the state; no citizen =
could claim=20
a right that<BR>was contrary to sovereignty and the security of the =
state; no=20
one could<BR>claim a right against the basic essence of the socialist =
system,=20
against<BR>unity and solidarity of the people or against public peace,=20
tranquility and<BR>morality. The state was the author of rights and =
duties and=20
no one could<BR>invoke them against it. This is the military rulers' =
legacy on=20
human rights<BR>and a careful reading of the reports on the subject =
issued by=20
the<BR>Constitutional Commission indicate that it has not =
changed.<BR><BR>Today,=20
the peoples of Burma, whether Burman or non-Burman, urban or =
rural,<BR>know that=20
to recover their rights, there must be a change in the =
present<BR>political=20
system from a dictatorship to a constitutional democracy which<BR>would =
apply to=20
all -- military and civilian. The leaders of the NLD have<BR>called for =
dialogue=20
between themselves, as victors in the only free<BR>election since 1960, =
the=20
ethnic minorities, who have been at war with the<BR>state in order to =
get what=20
the founding fathers promised them on the eve of<BR>independence, and =
the=20
military rulers as the first step toward change.<BR><BR>The NLD and the =
ethnic=20
minorities are asking for dialogue without<BR>preconditions, for the =
right to=20
form a government based on the outcome of<BR>the 1990 election and an =
end to the=20
war by the military against the people.<BR> For years, Burmese =
living both=20
abroad and in hiding inside of Burma have<BR>studied their own =
constitutional=20
history, the constitutions of the world<BR>and human rights movements on =
all=20
continents. They know why the original<BR>constitution failed and =
they=20
know what needs to be done in a new one so<BR>that it will not fail =
again. They=20
are intelligent and can speak for<BR>themselves if they are given a=20
chance.<BR><BR>The problem today is that the military cannot and will =
not=20
participate in a<BR>dialogue with its unarmed, but well informed =
citizens. What=20
Australia's<BR>Human Rights Commissioner Sidoti will quickly learn, if =
he does=20
not know it<BR>already, is that educated men and women are seen as a =
threat to=20
the poorly<BR>educated officers and men who rule the country by force=20
alone.<BR><BR>What country in this modern world deprives its best and =
brightest=20
young<BR>people a higher education so that they can eventually take =
their places=20
in<BR>government, business, the professions and the military, and lead =
the=20
next<BR>generation forward in the new century? What government in Asia =
fears=20
its<BR>people so, that it has transformed a free nation into a prison =
and=20
lives<BR>under the threat Gen Ne Win made in July 1988 that the military =
will=20
shoot<BR>to kill if any resist its orders?<BR><BR>If Sidoti really =
intends to go=20
forward and engage the military in a<BR>dialogue about the creation of =
an=20
independent human rights commission, it<BR>will be interesting to see =
how the=20
talks will go given the actual situation<BR>on the ground in Burma and =
the=20
theoretical ideas he would like to see<BR>planted in its bloody=20
earth.<BR><BR>The spokesmen for Burma's rulers continue to engage in =
empty=20
rhetoric about<BR>how well the country is doing; how happy most of the =
people=20
are under its<BR>rule; how a future democracy will come only after there =
is=20
stability --<BR>whatever that term means. It may be that the military =
rulers=20
will never be<BR>able to recognize the realities of Burma and the hell =
they have=20
made of it;<BR>but surely someone who is educated knows what democracy =
is and=20
realizes<BR>that a human rights commission, to function at all, cannot =
be=20
erected and<BR>work until there is an environment in which it can take =
root and=20
function. <BR>Such an environment does not exist in Burma today; and so =
long as=20
the<BR>military continues to run the country, it never will =
exist.<BR><BR>The=20
people of Burma deserve more than they have gotten for the past =
three<BR>and a=20
half decades. Help them, Sidoti, to recover power. They have a =
right<BR>to=20
govern themselves and lead their nation into the new=20
century.<BR><BR>*********************************************************=
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