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LEGITIMACY OR RECOGNITION



As I have argued a few times before on these conferences, there is a
difference between LEGITIMACY and RECOGNITION.  States recognise
governments for all kinds of economic, strategic, political or peculiar
personal reasons,  but Legitimacy can only come from the people, which the
government in question is supposed to represent. --  "The will of the
people shall be the basis of the authority of government; this will shall
be expressed in periodic and genuine elections..." (Universal Declaration
of Human Rights Article 21, para 2) .

And yet for some reason, people keep on saying that UN or NGO activities in
Burma, or meetings between visiting diplomats or tourists or businessman
and  SPDC generals, or even Burma's participation in the Olympics
"legitimises" SPDC rule.  I'm not saying one shouldn't oppose these
involvements,  especially if they provide the military with substantial
unmonitored funds, but legitimacy doesn't come into it.

Only the people can confer a mandate to rule, not the media or foreign
buisnesses or governments or the United Nations (which is made up of
governments, lest we forget) or even Donald Duck or an international sports
meeting.  

Of course, international affairs are not determined solely by law -- it's
still the old conflict between legality and power, and the tendency is to
recognise the government that controls the territory. But that's not the
same as having the mandate of the people (or of Heaven or the Sangha for
that matter). The SPDC can say, as General Khin Nyunt did on 15 May 1991:
"I would like to explain about this martial law according to records that I
have studied...martial law is neither more nor less than the will of the
general who commands the army; in fact, martial law means no law at all"
(quoted in Amnesty International in "Myanmar: No law at all -- Human rights
violations under military rule" October 1992). That states the situation
quite accurately -- it's the will of the general who commands the army; in
other words, the SPDC is in power because it has the guns -- Ah, now I see!
That's what Rousseau meant by "general will"! 

Naturally, the magical generals, sustained by their magical export,  would
like people to believe that they are magically in possession of legitimacy,
and  hope that by repeating  it often enough and loud enough,  and beating
people on the head in time to drive it in, they will come to believe.
Wasn't it Lewis Carroll, the creator of some of the most convincing fascist
disneylands ,who said "What I  tell you three times is true"? I just looked
for that quote, but I think it must be in "Looking Glass". However, since I
have "Alice in Wonderland" sitting here in my computer, here's a page or so
that some of you might find strangely familiar.....

"A LARGE rosetree stood near the entrance of the garden: the roses growing
on it were white, but there were three gardeners at it, busily painting
them red. Alice thought this a very curious thing, and she went nearer to
watch them, and, just as she came up to them, she heard one of them say
`Look out now, Five! Don't go splashing paint over me like that!' 

`I couldn't help it,' said Five, in a sulky tone. `Seven jogged my elbow.' 
On which Seven looked up and said `That's right, Five! Always lay the blame
on others!' 
`You'd better not talk!' said Five. `I heard the Queen say only yesterday
you deserved to be beheaded.' 
`What for?' said the one who had spoken first. 
`That's none of your business, Two!' said Seven. 
`Yes, it is his business!' said Five. `And I'll tell him  it was for
bringing the cook tuliproots instead of onions.' 
Seven flung down his brush, and had just begun `Well, of all the unjust
things ' when his eye chanced to fall upon Alice, as she stood watching
them, and he checked himself suddenly: the others looked round also, and
all of them bowed low. 

`Would you tell me, please,' said Alice, a little timidly, `why you are
painting those roses?' 
Five and Seven said nothing, but looked at Two. Two began in a low voice,
`Why, the fact is, you see, Miss, this here ought to have been a red
rosetree, and we put a white one in by mistake; and, if the Queen was to
find it out, we should all have our heads cut off, you know. So you see,
Miss, we're doing our best, afore she comes, to ' At this moment, Five, who
had been anxiously looking across the garden, called out `The Queen! The
Queen!' and the three gardeners instantly threw themselves flat upon their
faces. There was a sound of many footsteps, and Alice looked round, eager
to see the Queen. 

First came ten soldiers carrying clubs: these were all shaped like the
three gardeners, oblong and flat, with their hands and feet at the corners:
next the ten courtiers: these were ornamented all over with diamonds, and
walked two and two, as the soldiers did. After these came the royal
children: there were ten of them, and the little dears came jumping merrily
along, hand in hand, in couples: they were all ornamented with hearts. Next
came the guests, mostly Kings and Queens, and among them Alice recognised
the White Rabbit: it was talking in a hurried nervous manner, smiling at
everything that was said, and went by without noticing her. Then followed
the Knave of Hearts, carrying the King's crown on a crimson velvet cushion;
and, last of all this grand procession, came THE KING AND THE QUEEN OF HEARTS. 

Alice was rather doubtful whether she ought not to lie down on her face
like the three gardeners, but she could not remember ever having heard of
such a rule at processions; `and besides, what would be the use of a
procession,' thought she, `if people had all to lie down on their faces, so
that they couldn't see it?' So she stood where she was, and waited. 

When the procession came opposite to Alice, they all stopped and looked at
her, and the Queen said, severely, `Who is this?' She said it to the Knave
of Hearts, who only bowed and smiled in reply. 

`Idiot!' said the Queen, tossing her head impatiently; and, turning to
Alice, she went on: `What's your name, child?' 

`My name is Alice, so please your Majesty,' said Alice very politely; but
she added, to herself, `Why, they're only a pack of cards, after all. I
needn't be afraid of them!' 

`And who are these?' said the Queen, pointing to the three gardeners who
were lying round the rosetree; for, you see, as they were lying on their
faces, and the pattern on their backs was the same as the rest of the pack,
she could not tell whether they were gardeners, or soldiers, or courtiers,
or three of her own children. 

`How should I know?' said Alice, surprised at her own courage. `It's no
business of mine.' 

The Queen turned crimson with fury, and, after glaring at her for a moment
like a wild beast, began screaming `Off with her head! Off with ' 

`Nonsense!' said Alice, very loudly and decidedly, and the Queen was silent. 

The King laid his hand upon her arm, and timidly said `Consider, my dear:
she is only a child!' 

The Queen turned angrily away from him, and said to the Knave `Turn them
over!' 

The Knave did so, very carefully, with one foot. ....."


Actually,  I could put the whole thing on the net, and ask Burmanet to put
it out as Special Postings, and follow up with Macchiavelli's "The Prince"
and Sun Tsu "On War" -- three  skeleton keys to the General Will.



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