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LET US GIVE BOGYOKE AUNG SAN A SECOND CHANCE

February 21, 2013 | Filed under: Academic essays, Between Online News
By Kanbawza Win
How can it be possible to give a dead man (assassinated in 1947) a second chance? No! It was to his ideas and vision that the Union of Burma was born on 12. Feb. 1947 just before his untimely dead when the ethnic nationalities join a major ethnic group call themselves as Burman now call Myanmar to take independence from Britain soon after the 2nd World War. Because of the successive military regimes backed by the Myanmar Tatmadaw that hates democracy, human rights and federalism it seems that country would be balkanize on the ethnic lines. Since, 1940s most of the Non-Myanmar group are suspicious about the treacherous leaders of the Myanmar group of seeing of what the Myanmar Tatmadaw has done to the ethnic Karen, so much so that Bogyoke Aung San has to put in the clause that stated that after independence if the Myanmar ethnic did not treat the other ethnic groups on equal terms and if the latter is not satisfied they can seceded from the Union.[1] Obviously many of the ethnic nationalities such as Karen and Karenni refused to attend while the Myanmarnize groups like Rakhine and Mon were not simply invited. Smaller groups like the WA, Pa O, Palaung and many more even did not know about it.

Bad Myanmar
But the successors of Bogyoke Aung San were all categorize as bad Myanmar ethnic group, because it at once start its Myanmarnization policy over the non Myanmar ethnic nationalities. However, the simple leaders of the Non-Myanmar groups, at that time still believe in them and as practicing in a democratic system they soon demanded a federal system after ten years, to be exact in Dec 1961 at the Taunggyi Federal Conference when the ethnic point out the defects of the Union Constitution. The then Prime Minister U Nu and all Myanmar ethnic national leaders understood that Federal Bill will be passed without difficulties and the Myanmar will have equal status with non-Myanmar. The Myanmar nationalists, who were high-ranking officers in Burmese Army, realized that the only way to safeguard Myanmar domination over non-Myanmar ethnic nationals is removing the democratic regime by force. Therefore, the Myanmar Tatmadaw took the power on March 2, 1962.[2] And since then the Myanmar chauvinist policy have been imposed up to this date under different pretext with different administrations. This is the crux of the Burmese problem. Most, if not all the bad Myanmar ethnic leaders are from the military who are ill equip to lead the country and their only obsession is to build the 4th Burmese empire over the Non Myanmar ethnic nationalities and could not comprehend equality, liberty or fraternity, the foundation stone for democracy. Their only believe is in the theory of Mao Ze Dong that Power comes out of the barrel of the gun and this is what they have done to the country for more than half a century. The attitude of these bad Myanmar is somewhat like the attitude of the bad Caucasians over the Non Caucasians in Europe and America. To be a Myanmar is to be a Buddhist and could not comprehend other race or religion among their midst. That is why they burn more than 63 Christian churches in Kachin states and uncountable mosques in Arakan state. [3]

The Myanmar Tadmadaw mindset, is

We work harder than others for the sake of the country. We sacrifice our lives to work for the sake of the country. Our comrades are injured or killed by our enemies. The enemies who injure or killed us are supported by a part of the population. We must follow orders, live under the discipline of the army at all the time. We are soldiers serving the country 24-hours a day.[4]

Hence from the Tatmadaw soldiers view, ordinary people and civil servants live more easy-going lives and do business just to enrich themselves. The end result is that soldiers believe they have the sole right to hold state power due to their hard work and sacrifices. When the army cracks down on peaceful demonstrators, they viewed them as lazy opportunists who are asking for rights without working hard and sacrificing like them, the latest being the Letpadaung mine incident. Foreigners work and think smarter than lazy Burmese people, and these are the reasons developed countries are ahead of Burma seems to be the Tatmadaws logic and rationale. When ordinary people go abroad to seek job opportunity, they see them as betraying the country and opting for a foreign one the soldiers are disciplined because they are simply reaping the advantages from performing well. Clearly, the Generals followed the dictum of Mao Ze Dong: Crack down on the extreme minority, leave the educated to live in illusion, and label the majority of ordinary people as supporters. [5] The Tatmadaw believes that the ethnic nationalities are inherently inferior (culturally/socially) and would split from Myanmar authority if given the chance. The Tatmadaw also believe the ethnic nationalities are distrustful of the Myanmar majority (including the military) and fear of Myanmar domination. On the economic front reforms and liberalization are secondary to maintenance of political control, or indeed as a means to such control. The primary function of an improved economy is greater military power, general political acquiescence of the population to Tatmadaw control through military delivery of greater economic rewards for loyalty, and improved political legitimacy, and not directly the betterment of the human condition. To this end, Tatmadaw believe they must control the economy and have set up direct and many indirect mechanisms. The Tatmadaw view any form of pluralism within the administration at any level, in the dissemination of information, and among non-governmental organizations as a threat to the state and their control. The Tatmadaw have no intention of giving up essential power even though a civilian facade for their control is established. The military have no intention of granting to ethnic nationality groups any significant degree of power at the national level, although some modest local self-government will be given to some groups with which cease fires have been arranged. Viewed in this vacuum, it would seem to demonstrate that the leaders of the new government, who were also leaders of the old regime, have changed their way of thinking. But in reality there is still ample evidence that the current government is willing to be just as brutal and repressive as the old regime

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when it suits its purposes e.g. the hidden genocide in Arakan State and the using of chemical weapons in Kachin State. All these indicates that Thein Sein and his colleagues have made reforms to date because it was in their self-interest to do so, not because they believe what they did in the past was wrong. So how can anyone say for certain that they would not reverse course and clamp down again.[6] Recognizing this is not an attempt to undercut the reform process or a refusal to acknowledge the significance of the reforms that have been made thus far. To the contrary, it is necessary to ensure that the movement towards meaningful change in Burma continues. Just as we need to applaud what has changed, we need to understand what has not, and the most important thing which has not yet changed is the mindset of Burmas ruling leaders. The reason this is placed at the top of the to do list is because once the paradigm of power held by the ruling hierarchy changes, then all of the other reforms that the Burmese people seek and deserve will follow.[7] Until and unless the military leaders clearly demonstrate an understanding that the human rights violations of the past and present are wrong and destructive to the interests of Burma, then all of the reforms must be seen as fragile and in risk of being reversed.

Good Myanmar
If one were to ask a simple ethnic villager or local headmen, if he had ever met a good Myanmar 99% of them will reply No. For they have only seen the Tatmadaw soldiers who all are categorize as cut throats, bad hats, rapists, looters, arsonists and so on because of the three cut policy. Worst are the lieutenant captains most of whom are identified as rapist because of they have the knowledge of the unwritten Tamadaw policy that if the women is pregnant then that child will have a Myanmar gene, a sure way of ethnic cleansing. Another factor is when the central government sent officials to govern the Non Myanmar they sent the worst persons that cannot be used in their department and these people continue behave as usual throwing a bad light on the Myanmar. Very few educated well informed ethnic nationalities accepted the fact that there is also good ethnic Myanmar. But in politics one must have a vision, far sighted and consider the pros and cons for the possible effects in the future. To be fair and square there are many mistakes on the side of the ethnic nationalities also especially old ethnic leaders, as most of them are racists e.g. when in 1988 the cream of the Myanmar society the University students came over to KNU, instead of arming them to fight the common enemy, the KNU sees them that they are also Myanmar more intelligent and educated then their youths.[8] The end result was that the KNU was beaten and driven out from their Headquarter, in Manerplaw and the subsequent power struggle between the students groups follows leading to its disintegration. A good number of them have betrayed the cause and is now are now ranked as VIPs cooperating with the quasi civilian government. Leaving this contemporary events, one will have to see of who are the good Myanmar? No doubt it was and is the 8888 Generations who have kept the movement alive all these years in spite of torture and imprisonment, followed by the NLD led by Daw Aung San Suu Kyi. They vividly see the vision of Aung San and many of them have made a supreme sacrifice. The only daughter of Aung San clearly visualise that it is her historical, if not Gods given, duty to finish the task of her father who was cruelly cut short at a young and tender age. The basic aim is to solidify the Union of Burma with love, sincerity, equality and fairness and not the tyranny of the majority of the Myanmar over the Non-Myanmar as what the quasi military is heading for? Daw Aung San Suu Kyi and the 8888 Generations leaders together with the entire people of Burma both the Myanmar ethnic group and the Non Myanmar ethnic nationalities,

except the Myanmar Tatmadaw led by the selfish Generals, wants to live together in a single country where there will be love, peace, tranquility, and equal opportunities as the architect of modern Burma Aung San had envisaged. What more proof is wanted when the Generals refused to join the talk led by Aung Min with UNFC at Chiangmai.[9]Surely the good Myanmar clearly saw their mistakes and is ready to mend their ways but it was the Myanmar Tatmadaw, the bad Myanmar that got the upper hand. This is the current situation as I see it, which I visualise that many will not agree with me.

Tripartite Dialogue
A Tripartite Dialogue is usually understood to mean a dialogue amongst three parties: the military government (SPDC), the democracy forces (NLD) and the ethnic nationalities. The term Tripartite Dialogue was first used in the 1994 United Nations General Assembly resolution because most external actors thought the problem of Burma can be resolved by solving two issues- the issues of democracy versus military rule. Tripartite was used to indicate that a third party or issues must also be . The underlying intent was to emphasize the fact that the Burmese problem is a constitutional problem not an ethnic problem which can be resolved at a later date once democracy is established. The question of democracy, military rule and the constitutional arrangement with the non-Myanmar ethnic nationalities are intrinsically intertwined and cannot be resolved one without the other. It is just two sides of a coin. The Non Myanmar make up more than 40% of the population and the ethnic states occupy 57% of the total land area. The ethnic nationalities are not fighting and killing each other, requiring a strong army to maintain law and order. The ethnic nationalities had live peacefully and work well together. The common enemy is the Myanmar Tatmadaw. Solving the constitutional crisis will strengthen the unity of the nation. It will end the current ethnic violence.[10] This is what the ethnic nationalities are lobbying for. Now in the coming ceasefire parley between the Kachin and the Myanmar Tatmadaw to be exact on the Feb 20th it should be a Tripartite Dialogue i.e. Daw Aung San Suu Kyi should be accepted by the Kachin for the former SPDC is represented by U Aung Min of the Presidents Office. This is because when it comes to military affairs the President Office had inevitably kow tow to the Myanmar Generals controls by the unseen hands of supremo Than Shwe who is still very active in a murkily-defined National Security Council. After all, it was he who fixed the outcome of the election in the November 2010, and handpicked Thein Sein to serve as the current president to use soft power to win the hearts and minds of the Burmese people and the international community.[11] Everybody needs to know that the Myanmar Tatmadaw is a state within a state. The army would not care the President when he announced the ceasefire several times and carry on the fight as usual. Even yesterday at the meeting of UNFC and U Aung Min, when the reporter asks whether the occupational Myanmar Tadmadaw will withdraw from the occupied KIOs outposts, he said it is the decision of the army.[12] This clearly indicates that the President is under the army. The Myanmar Tadmadaw still runs the country as a means to avoid power struggles.[13] So we need to bring in the democracy group led by Daw Aung San Suu Kyi and the 8888 Generations leaders (one has to remember that it was Min Ko Naing and his comrades that visited the Kachin State at the height of the military offensive) and kick out the psychopaths groups like Euro Burma, Peace Committee, Myanmar Egress etc to gain the trust of the Kachin and entire people of Burma. Then only and only then, there will be the beginning of the tripartite, dialogue.

Daw Aung San Suu Kyi

If emotion got the better of meticulous reasoning one can see the writing on the wall. No doubt there is a sense among many senior guerrilla leaders that Daw Aung San Suu Kyi is too closely aligned with the quasi- government. [14] On her tour outside of Burma Daw Aung San Suu Kyi didnt have a single word

to spare for the fate of some 100,000 ethnic Kachin people fleeing the war between Burmese army and Kachin rebels or the sectarian strife in Arakan. The war has been going on for 20 months, Beijing has also forced thousands of refugees who tried to escape the fighting by crossing the border into its territory back into the war zone. The Kachin activists point out that no one is in a better position than Daw Aung San Suu Kyi to publicize their dire situation. We have trust in you that you will recognize the urgency and importance of this request and not refuse the invitation.[15] Americas self-proclaimed principal interlocutor is also the most famous person on the planet to do the job. Burma is a multi-ethnic country and the Myanmar Tatmadaw has entered the ethnic regions, militarized the government, and plundered the countrys natural resources, much of which is located in the nonMyanmar regions. The central government has tried to forcibly assimilate the local populations while committing heinous human rights violations (including large-scale murder, rape, and forced relocations, all well documented). So one cannot claim that there are two sides to these conflicts that are equally worthy of consideration. The ethnic groups struggle for political autonomy and selfdetermination is a justified reaction to domination and repression by the Myanmar ethnic majority which also includes Aung San Suu Kyi is the raison dtre. But one needs to understand another perspective from the side of Daw Aung San Suu Kyi who has been house arrested for one and half decades is because she has taken a confrontational stance. If she confronts the Myanmar Tatmadaw again she can easily be arrested again, and that will be the end of Burmas Glasnost, for in her hearts of hearts she know that the generals of the Myanmar Tatmadaw are power maniacs and they have relented only because of the threat of China. Nobody can say that they will rather choose to the Chinese stooge and let the country be one of the autonomous regions of China like Tibet, carry on their luxurious life at the expense of the people and the country as what they have done for more than half a century. The opposition both the democracy movement and the ethnic nationalities are not strong and worst are hopelessly divided among themselves. Besides globalization and the digital world is catching up and the trans-national corporations that concentrates on profit can soon be on the side of the Junta. She knew that she is very much marginalized and the only choice is the evolution theory of setting up things, so she joined the Thein Sein group and became part of the government. And within one year the Burma changes for the better is everybodys knowledge. If Daw Aung San Suu Kyi is not pragmatic and continue to remain a hard line democracy icon, the country will not change much as of now. Thanks to her vision and steadfastness. Now it became the hard part of tackling the problem of the other side of the coin i.e. the ethnic nationalities rights. No doubt this is the crucial problem as I have indicated earlier but techniques and tactics come into play. The Myanmar Tatmadaw, the psychopaths, the cronies and the ruling USDP are all eager to maintain the illegal Nargis Constitution of 2008 whereas Daw Suu, the 8888 Generations, the ethnic nationalities and the entire people of Burma including those in Diaspora want to change as this is the basic of democracy. The Nargis Constitution rammed through in 2008 is anathema to ethnic nationalities, since it mandates central government control over ethnic lands and to alter it requires a 75 percent vote plus one, even while the army controls a mandated 25 percent of Parliament. If the Constitution isnt changed, the Karen wont join the 2015 (presidential) election all (ethnic minorities) agree on this.[16]All ethnic nationalities want a federal system like the U.S., or better yet, Switzerland where ethnic cantons have autonomy within a federal structure. But Myanmar fear that the issue of control could unite the non-Myanmar ethnic nationalities and this petrifies Myanmar who does all they can to prevent unity, because they realize that the power of ethnic leaders lies in collective action.[17]

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The countrys transition is very fragile, and we have to be careful how to move forward. The democratic opposition has already made many compromises, and it will have to make many more. That is entirely logical, and to some extent it is justified by the current political situation where the quasi military regime is far stronger and the Tatmadaw is more ruthless. But what the pro-democracy movement cannot do in this situation is to surrender its core values. It cannot give up the principles for which it has fought for so long and which continue to define it or otherwise the Non Myanmar ethnic nationalities will abandon them.[18] To this Daw Suu has approached stealthily, she knows the working of democracy and that the Myanmar Tatmadaw will loath to share power with any one since they have usurp for more than half a century and for them the Nargis Constitution is a fait accompli for them But by her actions some of the well meaning Burmese generals have swayed as she is no longer a threat to the Myanmar Tatmadaw whom she has at one time call it my dads army and if the coming elections of 2015, if the NLD, 8888 Generation and particularly the ethnic based parties can come up together with a solid unity and voted en masse for Daw Aung San Suu Kyi, I am quite positive she can get more than 80% to change the illogical Nargis Constitution of 2008. Then and only then Daw Aung San Suu Kyi will be in a position to change the country back to the Union of Burma where it will be the real Democratic Federal Union what we in Burmese say Sit Hman Thaw Pyi Htoung Suu Thamada Myanma Naing Ngan .(ppfrSefaom jynfaxmifpkorRw jrefrmEdkifiH ) Let us be patient, far sighted, visionary and join hands with the good Myanmar to overcome the bad Myanmar led by the evil Myaanmar Tatmadaw who are against the very grain of democracy and the Union of the country, because time is not on their side and let us give Bogyoke Aung San a second chance. (This is a very controversial article and I am quite positive, that Myanma Tatmadaw cyber warfare units, even though they hired Russian and Singaporean experts still has connections with the Chinese army experts (Peoples Liberation Army Unit 61398 based in the suburb of Shanghai) will hack my computer for the fourth time again.) bathannwin@gmail.com
[1] Chapter X of the Union Constitution under the heading Right of Secession the statement that every state shall have the right to secede from the Union and one of the conditions laid down is that the right of secession may be exercised only after ten years from the date on which the Constitution comes into operation. Can Refer to the First Constitution. [2] Constitutional Crisis in Burma by Chin Human Rights Organization [3] Research by Kachin Women Organization and confirmed by the Kachin Baptist Convention [4] Saw Htun The Military Mindset in the Irrawaddy 13-3-09 [5] Refer to the writings of Mao Ze Dong [6] Moe; Kyawzwa, The Fragility of Reforms in The Irrawaddy 16-12-2011 [7] Ibid [8] At that time the main mentors of the KNU was the late Padoh Than Aung and Bo Mya where I talk with them [9] Yan Naing;Saw, Army officials wont take part in meeting with UNFC Irrawaddy 18-2-2013 [10] www.ibiblio.org/obl/docs/EnsccTRIPARTITE%20DIALOGUE.htm [11] Zaw;Aung Recent Moves Renew Doubts about Burmas Reforms Irrawaddy 19-2-2013 [12] Yan Naing; Saw, Government and Rebels Groups Discuss Aids for Ethnic Areas Irrawaddy 20-12-2013 [13] Weiss; Stanley: A nation at war with itself. The Huffington Post 18-2-2013 [14] Patrick Winn; Kachin Guerrillas turn down Suu Kyis offer to broker peace. 14-2-, 2013 [15] Zin, Min; What Aung San Suu Kyi Didnt Say Irrawaddy 5-10-212 [16] Weiss; Stanley: A nation at war with itself. The Huffington Post 18-2-2013 [17] Ibid [18] Yan Naing: Saw. Road to Kachin Peace is Long and Rocky, Observers Say Irrawaddy 15-2-2013 ##

Notes:

Burmese President U Thein Sein and his wife host dinner to mark 66th Anniversary of Union Day Celebration

President U Thein Sein and wife Daw Khin Khin Win cordially greet Pyithu Hluttaw Representative and Opposition NLD leader Daw Aung San Suu Kyi at the reception and dinner to mark 66th Anniversary Union Day in Nay Pyi Taw on 12 February 2013 .

ROHINGYA MPS ARE ATTENDING 66 TH ANNIVERSARY OF BURMAS UNION DAY CELEBRATION 2013

President U Thein Sein and wife Daw Khin Khin Win cordially greet Pyithu Hluttaw Representative for Buthidaung U Shwe Maung at the reception and dinner to mark 66th Anniversary Union Day in Nay Pyi Taw on 12 February 2013.

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President U Thein Sein and wife Daw Khin Khin Win cordially greet Pyithu Hluttaw Representative for Maungdaw U Aung Zaw Win at the reception and dinner to mark 66th Anniversary Union Day in Nay Pyi Taw on 12 February 2013

President U Thein Sein and wife Daw Khin Khin Win cordially greet Amyothar Hluttaw Representative for Rakhine State Constituency 7 (Maungdaw North) U Htay Win at the reception and dinner to mark 66th Anniversary Union Day in Nay Pyi Taw on 12 February 2013.

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U Shwe Maung MP with U Aung Zaw Win, MP at Dinner, honoring Union Day, hosted by President U Thein Sein on 12 February 2013.

U Shwe Maung MP with U Htay Win, MP at Dinner, honoring Union Day, hosted by President U Thein Sein on 12 February 2013.

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A conference having been held at Panglong, attended by certain Members of the Executive Council of the Governor of Burma, all Saohpas and representative of the Shan States, the Kachin Hills and the Chin Hills: The Members of the conference, 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: 1. A Representative of the Hill Peoples, selected by the Governor on the recommendation of representatives of the Supreme Council of the United Hill Peoples (SCOUHP), shall be appointed a Counsellor for Frontier Areas shall be given executive authority by similar means. 2. The said Counsellor shall also be appointed a Member of the Governor's Executive Council, without portfolio, and the subject of Frontier Areas brought within the purview of the Executive Council by Constitutional Convention as in the case of Defence and External Affairs. The Counsellor for Frontier Areas shall be given executive authority by similar means. 3. The said Counsellor shall be assisted by two Deputy Counsellors representing races of which he is not a member. While the two Deputy Counsellors should deal in the first instance with the affairs of their respective areas and the Counsellor with all the remaining parts of the Frontier Areas, they should by Constitutional Convention act on the principle of joint responsibility. 4. While the Counsellor, in his capacity of Member of the Executive Council, will be the only representative of the Frontier Areas on the Council, the Deputy Counsellors shall be entitled to attend meetings of the Council when subjects pertaining to the Frontier Areas are discussed. 5. Though the Governor's Executive Council will be augmented as agreed above, it will not operate in respect of the Frontier Areas in any manner which would deprive any portion of those Areas of the autonomy which it now enjoys in internal administration. Full autonomy in internal administration for the Frontier Areas is accepted in principle. 6. Though the question of demarcating and establishing a separated Kachin State within a Unified Burma is one which must be relegated for decision by the Constituent Assembly, it is agreed that such a State is desirable. As a first step towards this end, the Counsellor for Frontier Areas and the Deputy Counsellors shall be consulted in the administration of such areas in the Myitkyina and the Bhamo Districts as are Part II Scheduled Areas under the Government of Burma Act of 1935. 7. Citizens of the Frontier Areas shall enjoy rights and privileges which are regarded as fundamental in democratic countries. 8. The arrangements accepted in this Agreement are without prejudice to the financial autonomy now vested in the Federated Shan States. 9. The arrangements accepted in this Agreement are without prejudice to the financial assistance which the Kachin Hills and the Union Hills are entitled to receive from the revenues of Burma, and the Exeutive Council will examine with the Frontier Areas Counsellor and Deputy Counsellors the feasibility of adopting for the Kachin Hills and the Chin Hills financial arrangement similar to those between Burma and the Federated Shan States.

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Signed on 12 February 1947 Burmese Government. (Signed) Aung San Kachin Committee. (Signed) Sinwa Naw, Myitkyina (Signed) Zaurip, Myitkyina
(Signed) Dinra Tang, Myitkyina (Signed) Zau La, Bhamo (Signed) Zau Lawn, Bhamo (Signed) Labang Grong, Bhamo Chin Committee (Signed) U Hlur Hmung, Falam (Signed) U Thawng Za Khup, Tiddim (Signed) U Kio Mang, Haka Shan Committee (Signed) Saohpalong of Tawngpeng State. (Signed) Saohpalong of Yawnghwe State. (Signed) Saohpalong of North Hsenwi State. (Signed) Saohpalong of Laihka State. (Signed) Saohpalong of Mong Pawn State. (Signed) Saohpalong of Hsamonghkam State (Signed) Representative of Hsahtung Saohpalong. Hkun Pung (Signed) U Tin E (Signed) U Htun Myint (Signed) U Kya Bu (Signed) Hkun Saw (Signed) Sao Yape Hpa (Signed) Hkun The

A re-visit of the original Panglong Agreement is therefore necessary in order to decide whether we should keep it intact (as mentioned above) and all we have to worry is the implementation. Or whether we should find ways to improve on the original treaty. The 9 point text, in a nutshell, give 5 promises to the non-Burman territories:

Executive authority over frontier (now known as border) areas (Point 1-4) Full autonomy in internal administration (Point 5) A separate Kachin State (Point 6) Rights and privileges fundamental in democratic countries (Point 7) Financial autonomy (Point 8-9)

Some critics have said autonomy, interpreted as self rule, is not enough, that a state should not only have self administrative powers, but also powers to make its own laws and administer justice in accordance with its own laws. Therefore, this auspicious day marking the union forged by our forefathers should not only for joy seeking but also for deep meditation of how to make this country a union of heart and soul, and not one forged by sheer military prowess. ##

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The following was Press Release from the ARAKAN ROHINGYA NATIONAL ORGANISATION

ARAKAN ROHINGYA NATIONAL ORGANISATION Arakan, Burma

12th February 2010

STATEMENT OF THE ARAKAN ROHINGYA NATIONAL ORGANISATION ON THE 63RD UNION DAY OF BURMA
12th February marks the 63rd Union Day, a very important day for the people of Burma. On 12th February 1947 the Union Treaty was signed at Panlong, Shan State, between father of the nation Gen. Aung San and leaders of the nationalities to take the independence together from the British and to form Burma a Federal Union on the agreed upon principle of unity in diversity. Thus the Panlong spirit of unity in diversity is the basis for the unity of the ethnically diverse peoples of Burma. It is equally important for the development of federal democracy and perpetuation of peaceful democratic Burma. It was recognition that we respect, tolerate and uphold the differences of culture, language and life style that exist among the different peoples of Burma. Never the less, we were and are united for building a strong Union, the Union of Burma that ensures national self-determination equality, justice and sustainable development. This Union is to be free from any sort of discrimination on grounds of culture, religion and ethnicity. It is not to accommodate domination of one people by another and the emergence of prime nation or subnation; but every people is equal in the Union. It is to be noted that diversity is not a weakness, but strength. Since Burmese independence the union spirit was not fully respected. Particularly, under military rule from 1962, the Panlong spirit has been hijacked; the union treaty and the union structure have been destroyed. Inter-conflicts and intra-conflicts have been systematically created, so that peoples are not united for continuation of military rule. Resentment developed among the diverse national groups that gave rise to civil war continuing till today. For many years Burma was without a constitution. The SPDC has given a strange constitution in 2008, which is distortion of democracy, and it does not match with any known constitutional system of the world. It looks like as if sovereignty belongs to the military, not to the people. To them people are not trustworthy, while they claim they are the saviours of the country. It is to legitimise their illegitimate military rule. They are now going still unscheduled election this year. But the election based on this undemocratic constitution cannot give us federal democracy, human rights and culture. So we strongly oppose and condemn it. Last not least, at this trying situation, let us revive the union spirit of Panlong and resist the conspiracy of the military dictators in full unity, with unity of mind, unity of purpose and unity of dedication.

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International Islamic News Agency (IINA)

Minorities News

MYANMAR MP HITS BACK AT OFFICIAL DENIAL OF ROHINGYA EXISTENCE

Sunday, 24 February 2013 13:45

Pyithu Hluttaw Representative for Buthidaung U Shwe Maung, a Rohingya MP, with DVB
Yangon, Sunday, 12 Rabi Al-Thani 1434/23 February 2013 (IINA) U Shwe Maung, present member of Myanmar parliament, has fired back at claims that Rohingya Muslims do not exist in Burma, after a senior government minister allegedly accused the group of fabricating its history in a parliamentary discussion. It follows media reports that the Deputy Immigration Minister Kyaw Kyaw Win on Wednesday formally denied the existence of a Rohingya race in Burma, referring to a stateless Muslim minority isolated near the Bangladeshi border. But Shwe Maung, who is a native Rohingya, slammed the allegations, quoted in the English-language version of Burmas state media outlet the New Light of Myanmar, as historically and factually inaccurate. We should not simply deny there are no Rohingya, if we do that it would be irresponsible, we need a study, said the MP, who represents Buthidaung constituency in northern Arakan state, Democratic Voice of Burma (DVB), an independent Burmese media organization said.

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Shwe Maung is one of only two Rohingya MPs in parliament, both of whom represent the militarybacked Union Solidarity and Development Party (USDP) in Maungdaw district. In recent months, he has played an increasingly vocal role in defending the stateless minority, who are broadly viewed as illegal Bengali immigrants and denied citizenship by the government. It follows two bouts of vicious sectarian clashes between Arakanese Buddhists and Muslim Rohingya in western Burma last year, which prompted senior politicians many from the military and USDP to call for the group to be exiled to a third country. But Shwe Maung told DVB that he is leading a parliamentary initiative, along with two other MPs from Maungdaw district, to promote the rights of Rohingyas. He explained that they have called on the speaker of the lower house of parliament, Shwe Mann, to set up an investigative commission to establish whether or not Rohingyas exist in Burma. We also shared a separate report with our colleagues and MPs and Ive received a lot of positive and constructive remarks, he said. We focused on the facts and documents, especially printed by government media and the ministry of information. Based on that most of the MPs are impressed and agree that there are Rohingya in Burma. Shwe Maung cited historical research carried out prior to the British colonization of Burma in 1824, which formally recognised some 30,000 Rohingya Muslims living in Arakan state. Both Burmas first president and prime minister, Sao Shwe Thaik and U Nu respectively, reportedly recognised the Rohingya as one of the countrys indigenous races. The group was later stripped of their citizenship by former military dictator Ne Win. During my recent visit to Sittwe I have seen a lot of families with birth certificates with the ethnic name Rohingya, but still some are denying them, he said, dismissing allegations that Bengalis are migrating into Arakan state. People are not coming in, people are going out, he said. In our language Burmese Rakhine Muslims are called Rohingya they are the Muslim people who live in Arakan. He also accused the English-version of the New Light of misrepresenting Wednesdays parliamentary discussion. Kyaw Kyaw Win did not mention there is no Rohingya in Myanmar, but it appeared in the English-language media, said Shwe Muang. In fact, the Burmese version of the New Light, quoted Kyaw Kyaw Win as saying there have been cross-border relations since the ancient times, although he added that Arakanese Muslims were not recognised as natives in the 1973 census. But many government representatives, including the Presidents Office Director Zaw Htay, seized the opportunity to slate the Rohingya on social media. Although Shwe Maungs increasingly vocal activism represents a significant shift in the USDPs notorious reputation for silencing dissent, some analysts question its implications for Burmas political transition. I think it says more about the USDP, which is a party that people joined because it gave them a position of influence rather than a party with a particular ideology, Mark Farmaner from Burma Campaign UK toldDVB. I dont think it says much about parliament, which is constitutionally almost powerless. I think it can give people a voice they didnt have before; and some MPs are using that to represent their constituents whereas others are using it to promote their own self-interests. Farmaner added that it was unfortunate that Aung San Suu Kyis party the National League for Democracy (NLD) has still failed to come out more strongly on the Rohingya issue. But Shwe Maung insists that he will continue to carry the voices of his constituents to parliament. He added that he is not necessarily pushing for Rohingyas to be recognised as indigenous peoples in Burma, but that their basic human rights must be respected. For the time being the most important thing is the people. People are living with a lack of food, they cannot move, they cannot access the market, they cannot access aid from the international community. More than 125,000 people, mostly from the Rohingya minority, were uprooted in last years violence and many are still denied humanitarian aid. HA/IINA ##

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A robust helping hand for displaced Rohingya, Please

Published: 25 Feb 2013 at 00.00 - Newspaper section: News

Vitit Muntarbhorn is a Professor at the Faculty of Law, Chulalongkorn University. He has helped the UN in a variety of capacities, including as a consultant, expert and Special Rapporteur.

Although the term "Rohingya" is subject to various interpretations, it has been used in recent times primarily to cover the ethnic Muslim minority found in Myanmar's Rakhine State. Rohingya have sadly been in the news because of the violence, discrimination, dispossession and marginalisation to which they have been subjected. The depth of their tragedy cries out for a robust helping hand from their state of origin and the international community. Their persistent plight invites deeper understanding of their situation. First, it should be noted that their status in Myanmar was not adequately dealt with at the time of Burma's (later Myanmar) independence. In effect, many of them are stateless. The 2008 constitution of the country perpetuates their marginalisation by providing that a citizen is either a person "born of parents both of whom are nationals of the Republic of Myanmar" or "a person who is already a citizen by law on the day this constitution comes into operation". This is compounded by the 1982 Myanmar Citizenship Law which fails to list Rohingya as a "national ethnic group" entitled automatically to Myanmar citizenship, even though it recognises other national ethnic groups for this purpose. Second, for decades, the group has suffered impediments to their rights and livelihood. They are some of the poorest people in the country. There are recurrent breaches of their right to freedom of movement, access to education, freedom of religion and even their right to marry. Matters came to a head in 2012 with widespread inter-ethnic violence in Rakhine State, causing a massive caseload of internally displaced persons, including Rohingya, and their most recent cross-border outflows into neighbouring countries by land and sea. To be fair, however, the plight of other victims of violence in Rakhine State should not be forgotten. The authorities have also set up a national Commission of Inquiry on the issue.

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Meanwhile, the UN Special Rapporteur on Myanmar remains concerned with the serious situation in Rakhine State, despite constructive developments on other fronts in the country. Third, precisely because old caseloads of Rohingya who sought refuge in neighbouring countries, particularly during the mid 1970s and 1990s, have not been fully dealt with, those neighbours find it difficult to keep open the door to new arrivals. For instance, in Bangladesh, while many have been assisted and have found solutions to their plight, including voluntary repatriation to their country of origin, others are in limbo and await long-term solutions. This creates a sense of compassion fatigue at the local level. The situation is rendered more complex by the fact that there is a local Rohingya community, as distinct from the Rohingya who are seeking refuge in Myanmar, and some of the local community are also seeking access to other countries. Fourth, the past two years have witnessed large influxes into neighbouring Thailand and Malaysia (and other countries). The response facing Rohingya has been ambivalent. While tens of thousands have now found refuge in Malaysia and hundreds have been sheltered in Thailand, others have been subjected to push-backs and push-outs, particularly at sea as a kind of "soft deportation". There are fears of forced return to their country of origin, though this would be in breach of the international law principle of "non-refoulement" which prohibits the forced return of asylum-seekers to areas of danger, particularly their country of origin. Thailand is also a party to the UN Convention against Torture which prohibits absolutely the forced return of persons to areas where there is a fear of torture. However, on a welcome note, some of the more enlightened officials have urged safety and temporary shelter for the refugees, while civil society groups have shown kindness towards them. Fifth, the outflow of Rohingya from Myanmar is blighted by criminal elements seeking to profit from them. Often, those who seek refuge elsewhere are victims of human trafficking _ a phenomenon leading them to a situation of exploitation whether or not they cross a border _ and victims of human smuggling whereby a third party helps them to cross the border to enter another country illegally or in an irregular manner. The gravity of the situation is highlighted by the fact that in recent months many of the victims have been women and children. The challenge is to ensure that they are not kept in detention but are cared for in welfare facilities and treated as victims rather than illegal immigrants. On an auspicious front, even though most Southeast Asian countries are not parties to the UN Convention on the status of refugees, they are all parties to the UN conventions on the rights of women and children which advocate non-discrimination and humane treatment of all women and children irrespective of their origins. The most recent regional declaration on human rights _ the Asean Human Rights Declaration _ also refers to the possibility of asylum, even though that declaration has been criticised on some fronts. From the angle of regional dialogue and related action, there is now a forum known as the Bali Process on People Smuggling, Trafficking in Persons and Related Transnational Crime, which acts as a platform to involve scores of countries in the search for solutions. This includes all the Asean countries as well as key neighbours such as Bangladesh, India and China, as well as other key actors such as the US, Australia and New Zealand. This process has established a regional office in Bangkok and it meets periodically to promote cross-border cooperation. In 2011, it adopted a Regional Cooperation Framework to counter the irregular movement of people due to human smuggling, as well as to address the issue of asylum-seekers, with the possibility of assessment processes to determine their status. The latter is linked to the possibility of a variety of solutions, such as voluntary repatriation, resettlement within and outside the region, and "in country"

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solutions. Logically also, the main UN body dealing with refugees and the issue of statelessness _ the office of the UN High Commissioner for Refugees (UNHCR) _ is a key catalyst on these issues and is interlinked with the Bali Process, anchored on the need to ensure consistency with international law. With regard to the Rohingya and other displacements, key actions premised on the need for robust international cooperation should include the following: Address the root causes of the conflict and displacement in Myanmar, including overcoming the

marginalisation of the Rohingya community, to protect human rights, and to ensure sustainable development and poverty alleviation; Reform the citizenship law in the country and adopt more flexible criteria for the granting of nationality (such as by reason of birth in the country), as well as residency and travel documents based on the freedom of movement and return to the country; Provide humanitarian assistance to victims of violence in the country on the basis of nondiscrimination; Keep open the borders of neighbouring countries to help victims of persecution, violence and conflict, with due respect for international principles such as "non-refoulement" and rescue at sea for boat arrivals, while countering human trafficking and smuggling; Provide at least temporary shelters for persons who seek refuge, avoid detaining them, and ensure that they have access to humanitarian bodies such as the UNHCR; Initiate a process to determine the status of those who seek refuge in these countries; where there are grounds to believe that they have escaped persecution, violence or conflict, they should be able to stay at least temporarily and have access to durable solutions; in regard to cases which do not pass this test, the main option is for them to return to their country of origin, preferably on a voluntary basis; Maximise international and regional responsibility-sharing by providing sustained support to the countries caring for persons who seek refuge; and Nurture mutual understanding and cooperation by means of inter-community programmes and activities, particularly from a young age and with due regard to the rich diversity and humanity of cultures and peoples in the region. ##

Photo: Muslim Rohingya women walk inside the Bawdupha Internally Displaced Persons (IDP) camp located on the outskirts of Sittwe, capital of Myanmar's western Rakhine state on October 30, 2012. Photo: AFP

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Alders Ledge Silently Exploring The Absurdity Of Mankind

Tuesday, February 19, 2013

Evidence of Sustained Abuse

(part of The Darkness Visible series)

Slavery and Rape as Weapons of War

(Generally, forced labour in Burma is more pervasive in border areas, in areas inhabited by ethnic minorities, and in all regions with a heavy military presence. ~Paulo Sergio Pinheiro)

Slavery...
"I was required to provide labour usually for a total of one month per year. During this time I would do whatever the authorities asked, the gathering of firewood; the construction of a shrimp/prawn culture embankment, etc. One time I was taken to do forced labour for 26 days. The forced labour was 46 miles from my home and I had to sleep in the open along with 200 other people. 300 people from my village were involved in this work, the construction of a two-mile long shrimp culture embankment. We were not given food or water; they were expecting us to supply this. We dug a well to have easy access to water. Beatings were commonplace during this work. Some beating resulted in serious injury such as broken arms and legs. No medical assistance was provided. After 26 days of working on the project I escaped and during the next two nights I made my way back home; hiding during the day and walking at night. Some time after my return NaSaKa caught up with me and forced me to pay 200,000 kyats in compensation. To pay for this I had to sell my livestock."

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~ Rohingya Refugee
In 1996 the International Labour Organization carried out a detailed investigation into forced labour practices being carried out by the Burmese Junta government. This investigation was so condemning that the report it yielded led to annual discussions about Burma's crimes. But unfortunately that is where the ability to force change in Burma ended. In 2004 Burma proved this point by executing four individuals they claimed had contacted the International Labour Organization in the 1996. This was both meant to send the message within Burma that talking to outsiders was "treason" and to tell the West to leave Burma's policies alone. The reality of Burma's scale of "crimes against humanity" goes far beyond slavery and forced labour however. With the increase of military strength throughout Myanmar the governing body of Burma has found itself incapable of supporting its own weight. This has led the Junta to demand support from all citizens and those they consider to be less than human in the first place. This compulsory servitude is the only mechanism with which Myanmar's government has to lean upon to continue to grow its government's totalitarian rule. Without slavery there would be no Myanmar. For the Rohingya within the Arakan this means that they are subject to unlawful seizures of land, livestock, and monetary capital. It also means that the Rohingya are expected to subject themselves to forced labour for the local Rakhine authorities, NaSaKa, and Myanmar military. Those who do not comply with these demands are subject to severe punishment and the ever present threat of death.

"The military rely on local labour and other resources as the result of the incapacity of the Government to deliver any form of support for their activities (the self-reliance policy). The Special Rapporteur has received many allegations of villagers being severely punished outside the framework of the law because they refused to perform forced labour and of the unlawful appropriation of their land, livestock, harvest and other property. While Myanmar has increased the number of its battalions nationwide since 1988, the implementation of self- reliance policies by the local military during the past decade has contributed to undermining the rule of law and damaging the livelihoods of local communities."

~ The Special Rapporteur on the Situation of Human Rights in Myanmar talking about the Arakan
When you factor in the long history of systemic discrimination within Burmese culture against the Rohingya ethnic minority you find that in the Arakan it factors into their disproportionate abuse through forced labour. This has led to the Rohingya being singled out as the single group in Northern Arakan to be used as slave labourers when the military needs workers to build up the border region with Bangladesh. It has also led to the fact that Rohingya were the only minority used to build and maintain "model villages" along the border with Bangladesh even though the Rohingya are banned from occupying said villages. This perversion of culture by infusing it with ideals of racial superiority and religious mandate has left the Rohingya as outsiders in their own homeland. It strips them of their ability to maintain or pursue a sense of self-determination in their own cultural practices and daily communal life. This is only further exacerbated by their constant use as slaves by NaSaKa and military officials.

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The forms of abuse however range from being used as mules to being used as all out slaves in massive construction projects. In areas where the roads are poor or undeveloped Myanmar officials often force young men and boys to carry their heavy equipment and supplies. These loads are often given estimated weights but in all reality are only limited by how much the Rohingya man or boy is capable of carrying (or what their slave driver believes they should be capable of carrying). This form slave labour is often referred to as "portering". It is estimated that a man or boy from every Rohingya home in Northern Arakan is currently used in such a manner.

"Whereas previously civilian porters were forced to work by a battalion for several weeks on end, it is now more likely that a column of soldiers will pass through a village and demand emergency porters to carry goods to the next village where they will be released if other porters can be secured. SPDC soldiers typically show up in a given village and demand porters to carry rations and ammunition. Alternatively, they send order documents to the village head, who must then take responsibility to arrange the stated number of labourers."

~ National Coalition Government of the Union of Burma

The work these porters are made to do is extremely difficult even for the most able bodied individuals. The loads are often made excessively heavy so as to maximize the amount of ammunition and supplies the Myanmar military is capable of transporting. Absolutely no care for the safety and well-being of the Rohingya slave is given by the government of Burma or the military commanders. Instead the Rohingya are forced to march without rest or face beatings and the constant threat of death.

"Usually carried in woven cane or bamboo baskets, with straps across the shoulders and an additional strap across the forehead. When excessive loads were carried for prolonged periods, the straps of the basket and the basket itself dug into the flesh of the shoulders and back, causing serious injuries and sometimes exposing the bone. Injuries to the feet were also common."

~ International Labour Organization

Rohingya who are taken as porters are rarely told informed of how long they will be expected to work. Rohingya abducted for this form of slavery right outside their homes or farms are not allowed to tell their families where they are going or why. This absolute disregard for the Rohingya worker's family and community once again shows the embedded hatred the Rakhine authorities hold for the Rohingya ethnic minority. It also shows that abduction of Rohingya for any reason would be hard to prove due to longstanding policies that provide criminals cover due to prior government sponsored activities in the area. In addition to porting for the military, police, and NaSaKa forces, Rohingya are expected to subject themselves to forced labour as as to help in construction and repairs of state property. This means that Rohingya can be abducted or ordered as entire villages to help build roads, bridges, military bases, police stations, model villages, and any other structure the NaSaKa, military, or local authorities demand. In 2008 Rohingya from around Buthidaung and Maungdaw were called upon to repair a road between the two townships. Hundreds of Rohingya were forced out into the mud and dirt to work as slaves as the military enforced this action. They were given up to ten day shifts that they were demanded to work.

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Children as young as 10 years old were called upon to do the hard labour. Those who could not keep up pace with the demands were extorted for their "shortcomings" and then beaten and dismissed. The most humiliating, and most indicative evidence of ethnic cleansing, form of slave labour in this form is that of forcing Rohingya to build "NaTaLa". These are model villages that are commissioned by the Ministry of Development of Border Areas and National Races. The villages are meant to help steal land from Rohingya while funneling it to Rakhine settlers that the NaSaKa either import from Bangladesh or other areas throughout Burma itself. These settlers are then persistently reminded that their new homes are "under threat" by the very people that built the villages they come to inhabit. In 2005 the NaSaKa commissioned a model village just outside of Maungdaw. This village was made possible by first confiscating Rohingya land and then demanding that two to three hundred Rohingya build the village to house Rakhine settlers. In 2008 the village was expanded upon by once again seizing Rohingya farmland and once again ordering Rohingya slaves to expand upon the village so that one hundred more Rakhine settlers could be imported to the area. This time the Rohingya slaves were expected to build not just homes but also a school and pagoda for the new Rakhine immigrant settlers. Once construction projects are completed the Rohingya are then called upon to maintain the structures or the Military, NaSaKa, or Police stations they were forced to work for previously. This form of slave labour is simply referred to as maintenance work and is a form of slave labour that Rohingya are forced to carry out year round. Unlike construction, a seasonal form of slave labour, maintenance never end. Recent reports reveal that NaSaKa used around 30 Rohingya slaves per day to maintain a golf course they had built near Kyin Kan Pyin. This goes to show that Rohingya are thought of in much the same way as African Americans were thought of by white slave owners in the old south. It helps to prove that Rohingya are most definitely not considered equals and are clearly considered to be less than human by their fellow countrymen. Other forms of slavery in the Arakan include but are not limited to forced guard duty (or sentry duty) and agricultural development and cultivation. Sentries are called upon by the NaSaKa to basically encourage Rohingya to spy upon their fellow Rohingya to supply NaSaKa with information to use to obtain extortion and to commit arbitrary arrests. It is also employed to harass Rohingya villages and communities by keeping them under constant watch and depriving the individual of sleep and security. This form of slavery serves to drive a wedge in targeted villages by implanting distrust and suspicion amongst the community. In many cases if the individual called upon to serve does not turn in suitable information than he/she is punished instead. Thus fulfilling the reason behind this form of slavery in the first place.

~ Hudson-Rod and Htay in; Arbitrary Confiscation of Farmers Land by the State Peace and Development Council Military Regime in Burma

"The current regime in Burma pursues limited market economic reform with no pretence of democratic political, social reforms. Control of land and property has been central to state authority in Burma since independence and many laws concerning property rights in land have been passed. There is lack of ownership rights, no right to transfer and lease, buy and sell, or right to use land for growing crops of ones preference."

One of the most common forms of slave labour imposed upon Rohingya within the Arakan is that of agricultural labour. It is a stinging form of slavery in the fact that Rohingya are not allowed to keep the

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food they grow. They are not allowed to cultivate the land they call their own and yet are forced to cultivate the land the government claims they do not own. The food they grow is used to feed the mobs that have targeted them in countless pogroms. The work they put into the land saps them of strength while their stomachs go empty routinely. Agricultural slavery can be applied in three basic ways in Burma. It can involve the Rohingya being dragged out to government owned land (all land in Burma is technically government land) where they are forced to cultivate the land for NaSaKa and military use. It can also require that Rohingya give up random chunks of their land to government authorities. It also can require that Rohingya grow specific crops upon their own land to be handed over to Rakhine upon harvest. The last method also serves to leave Rohingya vulnerable to extortion if the crop is less than demanded. In the recent bout of ethnic cleansing this form of slavery has been used to implement a campaign of ethnic cleansing through forced famine. The famine however was not a new concept since Burma has been moving toward this policy for decades now. Through confiscation of cultivable Rohingya land and the forcing of Rohingya to grow inedible crops the Burmese government has been increasing starvation amongst Rohingya communities for decades.

"Farmers will no longer need to buy diesel for their tractors and vehicles if they grow such a profitable crop. So, physic nut plants should be grown on vacant lands, and on the areas where no other crops thrive for environmental conservation, raising the income of local people, and contributing towards fulfilling the future fuel requirement...Now, thanks to the visionary [sic] of the Head of State, farmers can enjoy fruitful results directly. I would therefore like to exhort farmers to grow physic nut on a commercial scale for their brighter future."

~ Senior General Than Shwe

In 2005 General Than Shwe launched a campaign to increase the land upon which physic nuts could be grown. Publicly the campaign was to increase the supply of an alternative fuel source. In reality it was a campaign to force Rohingya to grow a crop that they could not eat nor would have access to anyhow. The "vacant lands" mentioned by Than Shwe in "The New Light of Myanmar" were those occupied by the Rohingya within the Arakan state. As with most Burmese authorities, Than Shwe did not see the Rohingya as human and therefore had no reason to respect their needs or their lands. In addition the campaign he put in place would serve to deplete the Rohingya of food and substance upon which to survive. In the end the use of forced labour is according to the International Criminal Court as a "crime against humanity". It is a crime that is punishable in many ways including formal sanctions. However it is also a crime that has rarely been persecuted due to the toothless nature of the ICC.

Rome Statute of the International Criminal Court:

~ Article 7 (1) For the purpose of this Statute, crime against humanity means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:... (c) Enslavement ~Article 7 (2)

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Enslavement means the exercise of any or all of the powers attaching to the right of ownership over a person and includes the exercise of such power in the course of trafficking in persons, in particular women and children. ~Article 7 (1) (c) 1. The perpetrator exercised any or all of the powers attaching to the right of ownership over one or more persons, such as by purchasing, selling, lending or bartering such a person or persons, or by imposing on them a similar deprivation of liberty. 2. The conduct was committed as part of a widespread or systematic attack directed against a civilian population. 3. The perpetrator knew that the conduct was part of or intended the conduct to be part of a widespread or systematic attack directed against a civilian population.
But despite all this the ICC finds it hard at best to find it within their jurisdiction to prosecute Myanmar's leadership for blatant abuses and countless crimes against humanity.

Rape...
A man from NaSaKa came to my house. He kicked the door and told me I had to go and work as a sentry instead of my husband. I had to go immediately with my young child and without food. Later in the evening while I was at my post someone else from NaSaKa came. He told me your husband is not there, I will stay with you; I want to live with you. That night the man raped me in the shed in front of my boy. We (women) feel at peace in Bangladesh. There is no food and some problems, but there is no rape, we have peace

~ Rohingya Woman, 26 years old.

Sex is a weapon unlike any other form of terror experienced by its victims. The use of rape as a weapon has been a horrific hallmark of war since the beginning of time. It is also a defining trait of dictatorships and tyrannical governments. Plus, it has been used almost every time governments begin to practice genocide against a targeted community. In Burma the government has identified rape as a means of dividing Rohingya communities while also providing a perverse moral boost to its military troops. Myanmar's troops are allowed to rape Rohingya girls without mercy and without repercussions. Rohingya women have no rights. In 2002 Shan Human Rights Foundation and Shan Women's Action Network published "License to Rape". In this publication the organizations spelled out just how Burma's Junta style government has allowed their troops to commit mass rapes. It spells out 173 incidents of rape and other forms of sexual violence, involving 625 girls and women, committed by Burmese army troops in Shan State, mostly between 1996 and 2001..

"the Burmese military regime is allowing its troops systematically and on a widespread scale to commit rape with impunity in order to terrorize and subjugate the ethnic peoples of Shan State. The report illustrates there is a strong case that war crimes and crimes against humanity, in the form of sexual violence, have occurred and continue to occur in Shan State."

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~ License To Rape
From 2002 through the present day UN affiliated organizations investigated the claims made by "License to Rape". Organizations throughout Burma joined the fight to combat the epidemic rape culture within Myanmar. Refugee International provided 125 cases of rape in Karen State between 1988-2004, 37 cases of rape in Mon State between 1995-2004, 38 cases of rape in Chin State between 1989- 2006, and 26 cases of rapes across Burma between 2002-2004.

"Widespread rape is committed with impunity, both by officers and lower ranking soldiers. Officers committed the majority of rapes documented here in which the rank of the perpetrator was known. The culture of impunity contributes to the military atmosphere in which rape is permissible."

~ Refugee International
Some of the cases involved gang-rape. Others were cases in which the victims were raped in front of family and friends. Most were rapes in which the attacker was not alone but accompanied by other military comrades.

"According to information received, in all states in Myanmar, both in conflict areas and in ceasefire areas, Government forces subject women and girls to multiple forms of violence including abduction, forced marriage, rape, including gang rape, mutilation, suffocation, scalding, murder, sexual slavery and other forms of sexual violence. These acts are reportedly often committed by commanding officers, or with their acquiescence. In many cases, women and girls are subjected to violence by soldiers, especially sexual violence, as punishment for allegedly supporting ethnic armed groups. Women and girls are in these cases reported to have been detained and repeatedly raped by the soldiers, sometimes leading to their death."

~ UN Independent Expert on Minority Issues, Special Rapporteur on Torture, and the Special Rapporteur on Violence against Women 2006
For the Rohingya today in the Arakan this warning is just as important as it was in 2006. During recent pogroms committed by Rakhine extremist the Rohingya reported countless cases of rape and sexual violence. Their reports of sexual "punishment" are almost identical to those depicted in the 2006 report. Their stories mirror the culture of rape the organizations first recorded in 2002. And yet the UN still to this day shows little ability to punish the Burmese government for their depraved crimes. In 2007 the Special Rapporteur on Torture, the Special Rapporteur on Violence against Women, and the Chairperson-Rapporteur of the Working Group on Arbitrary Detention lodged a complaint with Burma. In this complaint they depicted the gang-rape of four Kachin girls between the ages of 14 and 16.

"Army officials gave money to the girls and their parents to persuade them not to report their case to the police. However, in late February, the incident was reported by an independent news agency. After the information was released, the four girls were immediately arrested and are now detained at Putao Prison, Kachin state."
Today this same incident is playing itself out over and over again. Rohingya girls and women who attempt to flee or have their stories leaked out are often subject to the same arbitrary arrest by

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Burmese police. Once they have been victimized by the military they are open to constant harassment by NaSaKa and police forces throughout Burma. If their victimizer even believes that their victim has told somebody they can have the girl killed or arrested (a fate that often leads to death anyhow). As of 2008 the UN Secretary-General hinted at the situation the Rohingya face in his report following the Security Council Resolution on Women and Peace and Security.

"In Myanmar, recent concern has been expressed at discrimination against the minority Muslim population of Northern Rakhine State and their vulnerability to sexual violence, as well as the high prevalence of sexual violence perpetrated against rural women from the Shan, Mon, Karen, Palaung and Chin ethnic groups by members of the armed forces and at the apparent impunity of the perpetrators."
As for seeking help amongst the Rohingya themselves... Refugee International notes:

"The militarys use of rape to control both eastern and western Burma has been documented for at least fifty years. Despite the longevity of this brutal practice, talk about rape has never been acceptable. Such discussion among Burmas ethnic women is considered taboo and is usually conducted in hushed tones and with lowered heads. For women to acknowledge that they have been raped is to declare openly that they are unclean, and to face possible discrimination at the hands of their family and community members who hold them responsible. For men to acknowledge it is to admit they have been unable to protect their wives, mothers and daughters. For communities to discuss it is to confront the pain, shame, and impotence of people under siege by their own countrys army."
The uncomfortable nature of facing the rape leaves many Rohingya women in a prison comprising of their own hearts and minds. Trapped by a crime that was thrust upon them, these victims find it hard to admit that they were victimized. Many find it even harder to admit to their families that they were attacked. And even if they can tell others there is the possibility that others will hold this crime against them.

"This is contributing to double victimization, first for having been sexually violated and second for having to bear the fear, shame and stigma that surrounds sexual violence, and to a culture of silence that essentially impedes victims access to justice and remedy, and allows impunity to persist."

~ UN Security-General
For Rohingya who are victimized there is no possibility that they will find justice. If a rape was ever reported there is never the actual possibility that the authorities would investigate. For the most part there is a well understood policy to never investigate a rape against ethnic minorities. This allows the rapist to commit his act without fear of reprisal. It permits the rape to be committed without allowing the victim the ability to ever fight back.

"In most cases, especially when the perpetrators are Government officials, victims do not lodge complaints to the authorities on any acts of violence committed against them, for fear of retaliation by the perpetrators. In many instances, those that do complain are invariably instructed to accept meagre compensation under the threat that if they do not retract their complaint, they would be subjected to more violence. Alternatively, they are arbitrarily arrested and detained until they withdraw their

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complaints. Sometimes the families of the victim are threatened as a means of exerting pressure on the victim. On one occasion, a community leader who reported a rape of one of his villagers was beaten and tortured to death by the military. It is also reported that medical personnel who treat a rape victim are reluctant to take any action with the authorities out of fear of possible reprisals against them. As a result of this, victims are entirely discouraged from making complaints; investigations are as a result rarely initiated and perpetrators are seldom brought to justice. The existence of such as widespread culture of impunity exacerbates the magnitude of violence against women and girls in Myanmar."

~ Special Rapporteur on Violence against Women

The added aspect of a deeply patriarchal society only further embeds the fear women hold in reporting rape. In following many rather conservative forms of Islamic law the Rohingya women are especially vulnerable to the cruel realities rape brings both during and after it has been committed. Then when you add upon the Islamic culture the fact that their society is being oppressed you have the possibility of these victims being further victimized by community members. In many cases during previous genocides the victims of rape in religiously conservative communities have suffered ostracizing by their own community, blackmail by other women, and corporal or capital punishment by community leaders. This leads many of the rape victims to hide their "shame" at all cost. It also leads to repeat victimization of the rape victim through indirect and direct consequences of the initial crime itself.

"The Committee expresses its deep concern at reports that Muslim women and girls in northern Rakhine State endure multiple restrictions and forms of discrimination which have an impact on all aspects of their lives, including severe restrictions on their freedom of movement; restricted access to medical care, food and adequate housing; forced labour; and restrictions on marriages and pregnancies. The Committee is also concerned that the population in northern Rakhine State, in addition to being subject to policies imposed by the authorities, maintains highly conservative traditions and a restrictive interpretation of religious norms, which contribute to the suppression of womens and girls rights."

~ UN Committee on the Elimination of Discrimination against Women

The complex situation that arises out of this horrid crime is one that has perplexed UN officials and Human Rights activist around the world. In the past, highlighted in Bosnia, we as a world community have been incapable of adequately facing this crime head on. However despite our shortcomings when addressing sexual violence and rape, we do know that this crime is in fact a "crime against humanity". That point we can all agree upon. And yet the evidence of this heinous crime against humanity mounts in the Arakan...

"Information received from over 30 interviews with Myanmar Muslim women from Rakhine state and other women from areas of armed conflict indicated that a large number of rapes by entire groups of Myanmar military had been taking place. Many women provided testimony that women in villages relocated by the army were rounded up and taken to military barracks where they were continually raped. In other circumstances, women have allegedly been taken by the military when the husband, or other male in the family, had fled at the approach of the army. Often, the "pretty" or young ones were

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raped immediately in front of family members and then taken away. Women who had returned to their villages stated that some of the women among them had died as a result of the continual rapes. Two female health workers interviewed by the Special Rapporteur reported that in their clinic, women with rape wounds had been admitted and had later died from bleeding or subsequent infection."
~Special Rapporteur on the Human Rights Situation in Myanmar noted in a 1993 report.

"Female headed-households are particularly vulnerable to sexual abuses, including rape. Women and teenage girls are also at risk when left alone at home while their husbands forcibly work as sentries or are absent. NaSaKa patrols routinely enter homes at night searching for unlawfully married couples or unregistered guests. Girls have also been raped while collecting firewood."
~ Committee on the Elimination of Discrimination against Women 2008

"In many of the incidents documented, the women were not only raped, but were also physically tortured in other ways, including being beaten, suffocated by having plastic put over their head, and having their breasts cut off. In the following ex-ample, the woman was beaten unconscious and raped, and her pregnant sister murdered."

~ Refugee International, "No Safe Place" report.

International law is very clear on rape however. It was defined by the International Criminal Tribunal of Rwanda:

"Like torture, rape is used for such purposes as intimidation, degradation, humiliation, discrimination, punishment, control or destruction of a person. Like torture, rape is a violation of personal dignity..."
However during most prior cases in which rape was brought up as a subject of trial in the International Criminal Court the definition of rape had involved the penetration of the penis into the vagina. In Burma it is important to note that the ICC had expanded upon the definition of rape in international court while reviewing cases that arose out of the former Yugoslavia.

"The actus reus of the crime of rape in international law is constituted by: the sexual penetration, however slight: (a) of the vagina or anus of the victim by the penis of the perpetrator or any other object used by the perpetrator; or (b) of the mouth of the victim by the penis of the perpetrator; where such sexual penetration occurs without the consent of the victim. Consent for this purpose must be consent given voluntarily, as a result of the victims free will, assessed in the context of the surrounding circumstances. The mens rea is the intention to effect this sexual penetration, and the knowledge that it occurs without the consent of the victim."

And was finally fully defined later with the following ICC definition.
"International criminal rules punish not only rape but also any serious sexual assault falling short of actual penetration. It would seem that the prohibition embraces all serious abuses of a sexual nature inflicted upon the physical and moral integrity of a person by means of coercion, threat of force or intimidation in a way that is degrading and humiliating for the victims dignity."
Yet here we are in 2013 without a single case being brought up against Myanmar and its brutal military. While courts have well defined rape as a crime against humanity we have yet to see a Burmese soldier or general brought up on this crime before the ICC.

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Bangladesh Border-guards denied the entry of these helpless Rohingyas and floating in Naf River

These two crimes are often combined. In so many cases the Rohingya man and boys are forced away from the home as slave labour while the women and girls are raped. Both are tools of ethnic cleansing that work toward the same end result. These are weapons that the Rakhine extremist not only support but fully implement in their goal of ethnic cleansing. If these two methods were even remotely removed from the arsenal of the Burmese regime countless Rohingya lives could be saved. Without these two tools the Myanmar government would have just a little less control over the Rohingya community. But more importantly it could save many Rohingya the indignity that these two crimes manifest.##

A Muslim Rohingya woman explains her tales inside the Bawdupha Internally Displaced Persons (IDP) camp located on the outskirts of Sittwe, capital of Myanmar's western Rakhine state on October 30, 2012. Photo: AFP