Justpeace Blog

Oct 29, 2006 (DVB) - Peace-loving people throughout Burma have joined the multi-religious prayer meeting campaign led by 88 Generation Students to pray for a solution to the problems of Burma, and for political prisoners and the victims of recent natural disasters.

A special prayer service was held at St. Mary Roman Catholic Cathedral in downtown Rangoon on Sunday led by the archbishop of Rangoon Archdiocese, according to an activist who attended the service.

“It was attended by more than 2000 faithful including political activists attended with white clothing – white eingyi (clothing for upper part of the body). But more than 100,000 must have listened to the sermon,” a political activist San San Myint told DVB. “Five priests were ordained in accordance with the Christian tradition by the archbishop himself. Then he declared that it was his birthday and people applauded with joy. Then, the archbishop said that he was going to bless all the people and political prisoners…and prayed for them. I felt so joyous.”

At Nyaunglebin in lower Burma, local National League for Democracy (NLD) members visited a historic pagoda Mahati Lawkatharaphu and offered up oil lamps, candles and prayer for all the intended people.

At Aunglan (Allen) in Magwe Division, activists started the campaign a day early by offering up oil lamps, candles and prayer at Kunnithayon Pagoda in central Burma. In nearby Chauk, activists carried out similar actions at Ayezedi Pagoda. The activists all vowed to continue their activities until the end of the week.

Democratic Voice of Burma
www.dvb.no

(Hong Kong, October 27, 2006) Over a million people are now displaced in eastern Burma, with 82,000 forced from their homes in the last year, a relief group reported on Friday.

The Thailand Burma Border Consortium said that 232 villages in the region "were destroyed, forcibly relocated or otherwise abandoned" during the past 12 months.

The Bangkok-based group, which coordinates delivery of food, housing materials and other items to people along the Thailand-Burma border, estimated in its 68-page fifth annual survey that at least 500,000 persons are living in the jungles and hills of eastern Burma due to "systematic human rights abuses and humanitarian atrocities".

"Through the deliberate targeting of civilians in military operations, the national authorities [of Burma] are violating their obligations under international humanitarian law," the group said in a statement.

"The challenge for the international community is to accept responsibility to protect existing and potential victims of abuses and atrocities," it said.

Full text of the statement follows. The survey can be read online: http://www.tbbc.org/resources/2006-IDP.pdf.

The Asian Human Rights Commission (AHRC) said that the scale of the atrocities committed by Burma army troops in the region had been extensively documented for years but the international community had failed to respond effectively.

"It has been known for well over a decade that the Burma army has been blatantly targeting food supplies of local villagers," Basil Fernando, executive director, said.

"Confiscation of lands, imposition of procurement quotas and forced labour associated with national 'development' initiatives, all of which are cited in this report, were clearly documented by a panel of eminent persons as far back as 1999, which concluded that the army has the intention of starving and burning these people out of existence," Fernando said.

In 2005 the World Food Programme said that its operations in Burma were being blocked by government agencies.

"The scale of tragedy unfolding in the outlying regions of Burma has been documented and the world informed," Fernando said.

"This is not a disaster waiting to happen, it is already happening," he observed.

"There can be no excuse that we haven't known what is going on there," Fernando said.

"The question that remains is: why has much more not been done?" he asked.


INTERNAL DISPLACEMENT IN EASTERN BURMA: 2006 SURVEY

The Thailand Burma Border Consortium’s fifth annual survey of internal displacement in eastern Burma is now available from http://www.tbbc.org/resources.html

During the past year, this report estimates that 82,000 people were forced to leave their homes as a result of human rights abuses and humanitarian atrocities. The area most severely affected was in northern Karen State and eastern Pegu Division, where counter-insurgency operations have displaced over 27,000 people during the past year.

232 entire villages were destroyed, forcibly relocated or otherwise abandoned in Eastern Burma during the past 12 months. When combined with the findings of previous field surveys, 3,077 separate incidents of village destruction, relocation or abandonment have been documented in eastern Burma since 1996. Over a million people are understood to have been displaced from their homes in eastern Burma during this time.

The survey estimates at least 500,000 people are currently internally displaced in eastern Burma. These are conservative estimates as it has not been possible to survey urban areas nor mixed administration areas. The findings represent a decrease of approximately 40,000 internally displaced persons since October 2005, due primarily to movements out of ceasefire areas in Shan and Karenni States.

The findings of the survey illustrate that the [State Peace and Development Council troops] are the primary perpetrators of systematic human rights abuses and humanitarian atrocities. Through the deliberate targeting of civilians in military operations, the national authorities are violating their obligations under international humanitarian law. The challenge for the international community is to accept responsibility to protect existing and potential victims of abuses and atrocities.

The Thailand Burma Border Consortium (TBBC) has been collaborating with ethnic community-based organisations to document the scale, distribution and characteristics of internal displacement since 2002. This year's survey updates population estimates and assesses current trends, including the confiscation of lands, imposition of procurement quotas and forced labour associated with national "development" initiatives. The reach of ethnic community based organisations across 38 townships has enabled these trend assessments, while detailed narrative descriptions and maps portray the dilemmas of everyday life for the internally displaced.

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About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation monitoring and lobbying human rights issues in Asia. The Hong Kong-based group was founded in 1984.

By Corinne Podger
BBC News

A group of activists have begun what they hope will be a week-long prayer vigil in Burma to call for the release of the country's political prisoners.
About 1,000 people, wearing white and carrying candles, gathered at the Buddhist Shwedagon pagoda in Rangoon.

The detained pro-democracy leader, Aung San Suu Kyi, is among those whose release they are seeking.

Public protests and campaigns are rare in Burma, which is ruled by one of the world's most repressive regimes.

The activists and their supporters were prevented from actually entering the pagoda by security officials.

Instead, a brief prayer service was held in a public area just outside.

The student group organising the prayer campaign is known as the 1988 Generation. It takes its name from the mass national student uprising that year, when the Burmese army intervened to end calls for a return to civilian rule.

On Friday, the group asked leaders of other religious organisations in Burma to hold vigils at their own places of worship, from today until 4 November.

One of the organisers, who gave his name only as "Jimmy", told the BBC they were not afraid of being arrested.

"I am not afraid of it. Not even a bit. We want peace and we treasure it. Because we are just expressing our goodwill and sharing our love, there is no reason for the authorities to arrest us."

The United Nations believes that at least 1,000 political prisoners are held in Burmese jails or under house arrest.

The activists want them all released, including the leader of the National League for Democracy, Aung San Suu Kyi.

Thursday, October 26, 2006
Kim Dae Jung
Tribune Media Service

SEOUL A huge dark shadow of fear and danger lies over the Korean Peninsula. We in the South are adamantly opposed to North Korea's possession of nuclear weapons. This act goes especially against the "Joint Declaration on the Denuclearization of the Korean Peninsula," jointly agreed to by the two Koreas in 1992.

We strongly demand that North Korea give up its nuclear weapons program. However, because North Korea seems unlikely to abandon its nuclear weapons easily, we must figure out the appropriate measures to resolve this issue.

There are three options. The first is using military measures. However, neighboring countries will oppose this, and the resistance from North Korea when faced with such measures could result in catastrophe on the peninsula. It could reduce the peninsula to ashes and lead to the demise of the 70 million Korean people. Japan also will not remain unaffected. Therefore, we the Korean people are firmly against using military measures as a means of resolving this issue.

Second is using economic sanctions. Economic sanctions, of course, will inflict considerable suffering on North Korea. However, the North Korean people are already accustomed to economic depravation. North Korea could also receive assistance from China and other allies. In the past, North Korea has earned as much as $1 billion a year exporting missiles. If it adds nuclear weapons to its list of exports, it can earn even greater amounts of money. So there are limits to the effects economic sanctions can bring.

The third option, which I would like to propose, is to resolve the issue through dialogue between the United States and North Korea. North Korea has declared that it would give up its nuclear weapons if the United States agrees to direct dialogue and guarantees the security and unhampered economic activities of North Korea. North Korea has even said that it would allow direct inspection by the United States.

In effect, North Korea is saying, "Why would we need nuclear weapons if our security is assured? We will fully cooperate in the denuclearization of the Korean Peninsula."

Of course, some say we cannot trust North Korea. But I believe it is necessary to give the North a chance. If North Korea keeps its promise, then that would obviously be best. But if it does not keep its promise, the remaining countries in the six-party talks, along with other countries in the world, can still take comprehensive countermeasures against North Korea.

We dearly hope that the United States makes a bold decision to change its present position and pursue dialogue with North Korea.

South Korea is the country most seriously affected by the North Korean nuclear issue. Therefore we are dearly committed to preventing this crisis from unraveling into catastrophe, and wish to resolve it peacefully.

The United States should fully respect the opinion of South Korea, a close ally, when dealing with the North Korean nuclear issue. The dearest wish of the Korean people is to induce North Korea to give up its nuclear weapons program peacefully.

I told President George W. Bush in 2002, when I was president of the Republic of Korea, that dialogue, when necessary for a country's national interest, can be pursued even with the evil. President Dwight Eisenhower held a dialogue with North Korea in 1953 during the Korean War and reached an armistice agreement, enabling peace to take root on the Korean Peninsula for 50 years.

President Richard Nixon went to China, which had previously been condemned for committing war crimes in its massive engagement in the Korean War, and held a dialogue with Mao Zedong. That laid the groundwork for China to pursue reform and open up.

President Ronald Reagan denounced the Soviet Union as the "evil empire" but still engaged in dialogue with its leaders. Pressure and containment never succeeded in changing communism in the course of history. Even Cuba, a small island on the coast of the United States, could not be changed through 50 years of containment.

However, there is not one case in which encouragement toward openness and reform has not worked. The Soviet Union, the Eastern bloc, China - they all have changed. The United States went to war with Vietnam, but now has good relations with the Vietnamese - through dialogue.

The United States must learn through the successes and failures that history teaches us. I hope President Bush makes the right decision now.

Kim Dae Jung, the former president of South Korea, was awarded the Nobel Peace Prize for his "sunshine policy" aimed at a peaceful reconciliation with North Korea. This Global Viewpoint article was distributed by Tribune Media Services.

(Hong Kong, October 23, 2006) The Asian Human Rights Commission (AHRC) on Monday joined calls by human rights defenders in Thailand against attacks on rights defenders in the south there.

"Within the last month, two human rights defenders have reportedly been killed and two have been injured. Activists and government administrative officers who have been working closely with the people calling for justice and assistance have been targeted," the Working Group on Justice for Peace said in a statement released Sunday.

The Bangkok-based group said that the increasing attacks on human rights defenders may have been caused by the uncertain political situation locally and nationally.

It cited the case of Muhammad Dunai, who was shot dead on Friday after receiving a phone call and going out on his bicycle. Dunai had been assisting villagers who have been persecuted by the state since the October 25, 2004 killing of 84 persons by soldiers and police after a protest outside the Tak Bai police station, 78 of them while in custody.

Angkhana Neelaphaijit, the chairperson of the working group, said that the persistent violence is destroying the prospects for reconciliation in the south.
Full text of the statement follows.

Basil Fernando, executive director of the Asian Human Rights Commission, shared her concerns.
"With the second anniversary of the Tak Bai mass killing only a few days away and the whole of Thailand under martial law, many persons will be rightly asking if these deaths are coincidental or somehow connected with the ongoing court case," Fernando said.

The interim prime minister of Thailand, General Surayud Chulanont, has said that in his opinion the case against 58 of the Tak Bai protestors should be closed.

"The AHRC and many other groups have said time and again that these prosecutions are unjust and are simply to deflect attention from the responsibility of the state for the atrocious treatment of thousands of persons that led to the deaths of dozens," Fernando said.

The Hong Kong-based regional rights group on October 18 said that there would be no reduction of violence in the south until the military junta that took power on September 19 steps down and returns the country to civilian rule.

"Local army and police officials use times like this to settle scores and get away with things that they cannot at other times," Fernando added.

"For this reason among others, the violence in the south will continue until the army steps down and paves the way for a return to real civilian government, not military rule by proxy," he concluded.

STATEMENT ON ENDING VIOLENCE BY ALL PARTIES: STOP KILLING HUMAN RIGHTS DEFENDERS IN SOUTHERN VIOLENCE
Working Group on Justice for Peace, 22 October 2006

On 20 October 2006, Mr. Muhammad Dunai Tanyeeno, a 40 year-old village headman of Village no. 1, Jaroh Village, Paiwan Sub-district, Takbai District, Narathiwat Province, was shot to death near his house. He was married with 8 children and had been in cooperation with Takbai villagers who were calling for justice and assistance.

On 3 October 2006, Mr. Muhammad Dunai provided assistance to bring victims and villagers who were affected by violence to meet with the newly appointed Army Commander of Region 4 together with the Network for the Affected Population in Relation to Southern Violence.

On 13 October 2006, Mr. Muhammad Dunai also organized a dinner during the Ramadan period at the mosque in Jaroh Village, Paiwan Sub-district. A number of Takbai victims and victims of related cases attended the dinner.

On 20 October 2006, Mr. Muhammad Dunai was at home with his family. He received a phone call and then when out with his bicycle in order to meet the caller. This is when he was shot to death. On the same day, the Network for the Affected Population in Relation to Southern Violence went to Bangkok in order to submit a petition letter to Prime Minister Surayud Chulanont’s representative.

The brutal killing of a person who gave his help to Takbai villagers might be understood as a threat to villagers who are calling for justice. The two-year anniversary of the Takbai tragedy will be 25 October 2006. At this moment, there is a call to withdraw the charges against the fifty-nine Takbai protesters.

Earlier, Mr. Muhammad Dunai was contacted by two military officials who wanted to meet with the coordinator of the Takbai case (name withheld) and the affected families. However, at present, we do not have further details about the proposed discussion or military agencies involved.

The coordinator of the Takbai case (name withheld) is a relative of two Takbai protesters: one who died in the incident and another who is now facing charges from the state prosecutor along with the additional fifty-eight Takbai protesters. Previously one of the Takbai defendants was also shot to death; as a result, since the beginning of the year, the current coordinator took up the position of organizing support of all the defendants who are in court. The coordinator of the Takbai case is also active in assisting villagers on other cases and worked closely with Mr. Muhammad Dunai.

Within the last month, two human rights defenders have reportedly been killed and two have been injured. Activists and government administrative officers who have been working closely with the people calling for justice and assistance have been targeted. It may be due to the uncertainty of the political situation both in the immediate area and also at the national level. The peace talks and on-going negotiations in the news have reverberated and may create factions and disagreements or even ideological splits. Human rights defenders who have been coordinating and assisting victims and survivors of violence are now caught in the middle, and face risks to their lives.

"The violence (against human rights defenders) creates turmoil for us who are calling for peace and it actually destroys the atmosphere of reconciliation. It is the responsibility of the state to review the truth and bring the perpetrator(s) to justice. Reconciliation cannot happen if people are still suspicious and distrust the process. The state can bring back trust... by protecting the rights and liberties of all under the same law and also in respect to international law. The government in the past never brought any perpetrator(s) to justice under the law. Therefore there are always people who have made use of the situation to create a climate of fear and distrust among the people. Repeatedly, innocent people have been affected and have suffered, because no one could protect them from being subject to violence." -- Angkhana Neelaphaichit, the chairperson of the Working Group on Justice for Peace

The Working Group on Justice for Peace urges all parties to stop the violence and calls for all parties to find solutions by non-violent means, respect human rights, and respect our shared humanity in order to bring back peace. The conflict over the past 2-3 years has caused the loss of many lives and much suffering for the population in the southern provinces and security personnel from all over Thailand. Further, it has caused sadness for the whole country. To solve the conflict in the south, we must start with non-violence and respect for humanity.

# # #
About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation monitoring and lobbying human rights issues in Asia. The Hong Kong-based group was founded in 1984.

By John Sudworth
BBC News, Delhi
October 21st, 2006


Naresh Halder, his wife and five children have just moved home.

They used to live on the banks of the Yamuna river, the polluted waterway that winds its sluggish way through the centre of Delhi.

But the Halders were forcibly relocated.

"Near the Yamuna, my kids were safe because we knew the community there, they were going to a government school and I had work, but here I have no way of finding a job," Naresh says.

Homes demolished

The new plot of land that the family has been allocated is more than 40km, and three bus rides, from the centre of Delhi.

In the last two years, more than a quarter of a million people have had their homes demolished along the banks of the Yamuna.

The city authorities plan to make Delhi completely slum-free in time for the arrival of thousands of foreign athletes and spectators for the next Commonwealth Games, due to be held here in 2010.

"World class city" is a phrase you often hear associated with the forthcoming tournament.

Delhi's Chief Minister, Sheila Dikshit, sees the Games as a chance to modernise.

"They're a watershed, a kind of mark," she says. "The ambition is to create a world class city. Please don't think it's a magic wand, that just by saying it's going to happen it will. But that's the ambition."

There's a lot to do. More than US$1bn will be spent overhauling the city's transport links, securing reliable electricity and water supplies, and regenerating the city centre, not to mention building the sports facilities.

But it is the slum clearances that some people fear are at odds with one of the mission statements of the Commonwealth Games: "To develop sport for the benefit of the people."

'Kicked and shoved'

The "athletes' village" will be built on part of the east bank of the Yamuna, now cleared of slum dwellers.

Those who have been relocated, albeit many miles away, are actually the lucky ones.

Dr Kirin Martin, a paediatrician and founder of Asha, a charity that provides support to slum dwellers in Delhi, says many people didn't qualify for alternative housing.

"Many of them actually just moved to patches of land elsewhere in the city," she says, "and again they were just kicked and shoved by the police only to go to yet another place.

"I think that if the athletes ever came to know at what cost these facilities are being created, they would be very unhappy.

"People have been living here for 15 or 20 years... is this the way to treat a poor man?"

The authorities insist Delhi will be slum-free in time for the Games. More slums face demolition.

'City for the rich'

Chief Minister Dikshit says more than 100,000 low-cost homes are being built, and ultimately the strategy will serve the long term interests of the poor.

"The poorest residents have been moved because the Yamuna had to be cleaned up anyway," she says.

"All of those who qualify are being given their little plots of land, with water, power and schools. It takes a little time, there are problems, but we will overcome them.

"This clearance had to be done, and it has been done."

Dr Kirin Martin says it falls a long way short of what is needed.

If the Games are a catalyst for building a new Delhi, she believes it is one that does not include the poor.

"It's only going to be a world class city for the rich," she says.

"You can't ever see any of these benefits coming to the urban poor, who form one third of this city's population.

"So what world class city are we talking about for these people?"

Randeep Ramesh in Hyderabad


In the one-room house on the edge of the rice bowl of India, Narasimha
Cherlaguda explains why he has chosen to be reborn as a Buddhist. As an
untouchable, the 25-year-old is at the bottom of Hinduism's hereditary
hierarchy. "The [local] priest tells me if I was a good dalit in this life,
then in my next life I can be born into a better part of society. [I say]
why wait?"

Like tens of thousands of other untouchables - or dalits - across India, Mr
Cherlaguda was waiting to be ritually converted to Buddhism to escape his
low-caste status. The landless labourer points to a picture of Hanuman, the
Hindu monkey god, on his wall and says it will soon be replaced by an image
of the Buddha.

He is not be alone. More than 70 people from the village of Kumarriguda,
64km outside Hyderabad, the capital of southern India's Andhra Pradesh
state, have chosen to leave the Hindu religion. There are plans for a
Buddhist temple and money set aside to hire a Buddhist priest - probably the
first in the area for 1,500 years - to conduct prayers as well as marriage
and death rites.

"We want to be equal to upper castes. Being a dalit in Hindu society means
this is not possible. Being Buddhist means we will be separate but equal,"
said D Anjaneyulu, a local dalit politician who says he first considering
switching religion when he was physically stopped by Brahmins from raising
the Indian flag because of his caste.

"Untouchability" was abolished under India's 1950 constitution but the
practice remains a degrading part of life in villages. Dalits in rural areas
are often bullied and assigned menial jobs such as manual scavengers,
removing human waste and dead animals, leather workers, street sweepers and
cobblers. Reports surface in newspapers of untouchables being barred from
temples.

The sometimes intense violence has led to a migration to the cities, where
caste is easier to forget. B Veeraiah, a 42-year-old who fled his village
257km north of Hyderabad a year ago, was washing dishes on the streets. He
ran away after being tied up with his mother and clubbed for a night by an
upper-caste neighbour for allowing his goat to wander. "My mother died of
her injuries. I ran away to the city. Here I am safe."

The mass conversion of dalits takes place on the anniversary of one of
India's most controversial religious events. Sixty years ago BR Ambedkar,
the first untouchable to hold high office in India and the man who wrote the
constitution, renounced Hinduism as a creed in the grip of casteism and
converted - with more than 100,000 followers - to Buddhism. Last Saturday
almost double that figure embraced a new religion and repeated the 22 oaths
Ambedkar took. They include not worshipping Hindu gods and goddesses, never
inviting a Brahmin for rituals and never drinking alcohol. At the ceremonies
were monks from America, Britain and Taiwan.

Many dalit thinkers say that what is happening in India is a "religious
rebellion" against a hierarchy that condemns the 150 million dalits to a
life of suffering.

A Statement by the Asian Human Rights Commission

In the days after the September 19 coup in Thailand there was some expectation that bloodshed in the south may lessen. Like a lot of other things, this has not happened. Reports of bombings and shooting continue, and the scale of incidents has perhaps escalated. Among those killed was a village headman who had lodged complaints over the brutality of security officers who raided his village in September.

The new military junta has reassured the public that solving the conflict is a top priority. Its prime minister is visiting Malaysia to discuss the persistent attacks near the border, while the head of the junta, army commander in chief General Sonthi Boonyaratglin, has revived some earlier joint agencies for the southern provinces.

The warring in the south was greatly inflamed by the government of Thaksin Shinawatra. The use of emergency regulations; alleged abduction, torture and killing of local residents by security forces; slaughters in April and November 2004 and wanton mismanagement of government agencies and personnel in the region all exacerbated it. The cynical use of political appointees to investigate cases that should have been handled by judicial agencies guaranteed impunity to army officers and police responsible for deaths in custody, mass killings and other gross abuses. The malicious pursuit of innocent persons by the public prosecutor in their stead, which continues to this day, has damaged confidence among local people in the impartiality of the courts.

In 2005 the government established the National Reconciliation Commission ostensibly to come up with solutions to the conflict, and in fact as a means to deflect growing public criticism of its policies. The commission did its work thoroughly and in May 2006 submitted a 132-page report. It clearly explained that the problems in the south were essentially the same as those facing rural communities throughout the country, heightened due to tensions produced by the overwhelming presence of security forces in response to the separatist agenda of a small number of persons. Among the primary causes of the conflict, the commission identified unconstrained abuses of administrative power and violent measures by state authorities, together with injustices arising from the existing judicial process and administrative system. Its recommendations included that the judicial system in the south should be reconfigured through coherent administration, improved efficiency, greater monitoring and changed attitudes.
The government and security establishments mouthed appreciation about the report, but did nothing to implement it. A deputy prime minister was assigned the task of looking at ways to realise its recommendations, which came to nought. General Sonthi, who at that time was directly responsible for the region, also expressed support for the findings but apparently did not attempt to put them in to practice. It seems unlikely that his new military administration will do any more.

Military-led governments have a habit of worsening, not solving, internal conflicts. Soldiers respond to conflict in the manner that they have been trained. This is contrary to notions of justice and fair trial. Thomas Hobbes, in his classic treatise on the state, Leviathan, rightly observes that, "All men that are ambitious of military command are inclined to continue the causes of war and to stir up trouble and sedition". Irrespective of whether or not the national leadership is interested to obtain peace, many persons in the army, police and other agencies will be keen to have more violence. And as the junta has severely curtailed all civil and political rights in Thailand, state security personnel will have freer hands to do as they please and be subject to less scrutiny and criticism from outside parties than before.

The September 19 coup has set back the development of the judiciary in Thailand by years. At present, not only does the south subsist under emergency regulations, which the regime has not sought to lift, but the entire country has been kept under martial law for nearly one month. The 1997 Constitution and Constitutional Court have been abolished. The superior courts have been subjected to blatant interference and forced back into a role of subservience to the executive. The fundamental rights of all persons in Thailand have been greatly violated.
Under these circumstances, it is nonsense for the military-run administration to talk about solving the conflict in the south. The southern bloodshed is intrinsically linked to justice issues. With the entire justice system compromised and the military's position strengthened by the coup, security forces across Thailand, and certainly those in the south, will feel fewer obligations to mend their ways or submit to the orders of civilian agencies.

Above all, the new military regime in Thailand will not stop the fighting in the southern provinces because it is acting in its own interests, not those of the public. It lacks sincerity and credibility. Rather than being something best ended, the conflict in the south may at a later time better serve as another convenient pretext to retain various powers after the junta's supposed expiry date. In the meantime, overtures towards peace make a nice sound in contrast to the noises from its aggressive and uncompromising predecessor and aid in the regime's efforts to rehabilitate itself in the eyes of the world through attempts to justify the unjustifiable events of September 19. So its mouthing on about the south is set to continue.

The Asian Human Rights Commission calls for concerned persons in Thailand to examine and question the motives of the new military-led government in promoting peace in the south, and assess its implications in view of conditions in the country as a whole. Many questions that need to be asked at this time have not yet been asked. Many more persons, particularly from the concerned region and professional groups, need to be querying the prospects for justice at a time that Thailand is under military rule and martial law, its judiciary is hobbled, and its people are
bereft of a constitution and the means to protect their fundamental rights.

The Asian Human Rights Commission also calls for serious re-examination and discussion of the National Reconciliation Commission's report. This is the best guide we have so far for what needs to be done by the government of Thailand to address the conflict in the south. Until its advices are made meaningful, the violence will persist. And a prerequisite to proper implementation of the commission's findings is the ending of military rule in Thailand, as well as the writing of a constitution by an assembly of persons answerable to the public, not to the army. There is no other way to justice in the south, and without justice there will be no peace.

# # #
About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation monitoring and lobbying human rights issues in Asia. The Hong Kong-based group was founded in 1984.

Dear friends, The Asian Human Rights Commission (AHRC) wishes to forward to you the following press release issued by the International Federation for Human Rights (FIDH)

Asian Human Rights Commission Hong Kong
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Sri Lanka's Supreme Court decision undermines human rights protection: The UN Human Rights Committee must underline Sri Lanka's international obligations


Paris, 17 October 2006 - As the United Nations Human Rights Committee (HRC) begins its eighty-eighth session, the International Federation for Human Rights (FIDH) urges it to strongly condemn the recent decision of the Supreme Court of Sri Lanka, holding that the international human rights instruments are without application at the national level, and to stress that Sri Lanka is bound to honour its international obligations. Indeed, the Supreme Court judgment in itself represents a clear violation of Sri Lanka s obligations under international human rights law.

On 15 September 2006, in the case of Singarasa, Sri Lanka s Supreme Court, composed of a panel of five judges including the Chief Justice, stated that, the [ICCPR] does not have internal effect and the rights under the ICCPR are not rights under the law of Sri Lanka . The Court further held that Sri Lanka's accession to the Optional Protocol to the ICCPR, which permits individuals to submit complaints directly to the Human Rights Committee, was unconstitutional and that consequently individuals cannot seek to vindicate and enforce [their] rights through the [HRC].

Sri Lanka acceded to the International Covenant on Civil and Political Rights (ICCPR) in 1980 and its Optional Protocol, in 1997. The Supreme Court's decision seeks to nullify Sri Lanka's obligations under these and other international human rights treaties to which it is party, except in respect of those provisions that have been directly incorporated into national legislation.
The judgement is based on a mistaken application of international law and in itself constitutes a violation of article 2 of the ICCPR. Contrary to the conclusions of the Supreme Court in this decision, there is no requirement that the ICCPR should be incorporated into domestic law, as emphasised by the Human Rights Committee in its General Comment 30 on Article 2. Furthermore, it is a general principle of international law, embodied in article 27 of the Vienna Convention on the Law of Treaties, that a State Party cannot invoke the provisions of its national law as justification for its failure to perform its international obligations.
It is deeply alarming that the Supreme Court, which is charged with the protection of the human rights of the people of Sri Lanka, should seek to comprehensively undermine human rights in this way and jeopardise recourse to international monitoring mechanisms. This decision is of particular concern coming at a time when impunity for human rights violations and abuses in Sri Lanka remains endemic in large part as a result of weaknesses within the police and the judiciary. The availability of individual recourse to international mechanisms is vital to ensure that victim's rights are implemented when the national justice system is defective. International monitoring is all the more essential in the context of the deepening humanitarian crisis in the North and East of the country, as well the surge in killings and abductions in Colombo.
The judgment stands in stark contradiction to the pledges made by Sri Lanka in April of this year, on the basis of which it was elected to the new Human Rights Council. In particular, Sri Lanka underlined its commitments under the seven major international human rights treaties and their optional protocols and undertook to take appropriate implementational measures in respect of relevant recommendations made by the Human Rights Treaty Bodies.
It is now for the Human Rights Committee to adopt a strong and unequivocal position on this violation of the ICCPR by Sri Lanka s highest judiciary and to remind Sri Lanka's government, and reassure its people, that Sri Lanka remains bound by its international obligations.

Contact : Gael Grilhot : +33-1 43 55 90 19
--Gael GrilhotResponsable du Bureau PresseFIDH17, Passage de la Main d'Or - 75011 Paristel. : +33-1 43 55 90 19port. : +33-6 10 60 05 57E-mail : ggrilhot@fidh.org

--Delphine CarlensChargee de programme / Programme OfficerBureau Justice Internationale / International Justice DeskFIDH17, passage de la Main d'Or - 75011 Paris.Tel: +33.1.43.55.12.32Fax: +33.1.43.55.18.80http://www.fidh.org

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About AHRC The Asian Human Rights Commission is a regional non-governmental organisation monitoring and lobbying human rights issues in Asia. The Hong Kong-based group was founded in 1984.

October 13, 2006
A Statement by the Asian Human Rights Commission

The Nation newspaper of October 8 reported Professor Worachet Pakeerut of Thammasat University as saying that coups would continue in Thailand for so long as the courts there recognise the amnesties that perpetrators pass for themselves. Worachet had said that there "was a discrepancy in the Thai judicial system that recognised law written by people in power even though the law was against morality and people's common sense".
This "discrepancy" is the crux of Thailand's problems. For as long as its higher judiciary legitimises illegal takeovers of power, there will be illegal takeovers. For as long as the orders of generals are written into law through new constitutions, there will be fictional constitutionalism.
The October 1 interim constitution is just the latest conspicuous example of a law written in defiance of both morality and common sense. Under its section 36
"All announcements and orders of the Council for Democratic Reform or orders of the Leader of the Council for Democratic Reform issued as of 19 September B.E. 2549 (2006) until the date of promulgation of this Constitution, be they in any form or enforced in a legislative, executive, or judicial manner, shall continue to be in force. These announcements or orders as well as any actions taken under them, whether before or after the promulgation of the Constitution, shall be deemed lawful and constitutional."

As of October 13 there are 36 such announcements and 28 such orders listed on the website of the Council for National Security, the renamed coup group. Apart from scrapping the former government, the 1997 Constitution and Constitutional Court, they impose martial law, repeal earlier laws, amend the Royal Thai Police Act 2004, restrict free speech and movement, ban political gatherings, and set up new bodies. All have the force of parliamentary acts. What is more, section 36 clearly envisages more orders and announcements from the coup group in the future, despite the pretence of a 250-person assembly, comprising mainly of sitting and retired generals and bureaucrats, to do the work of government for the coming year.

Under section 37 of the interim constitution, the coup leaders have by implication admitted the illegality of their actions, and placed themselves beyond the law:
"All matters that the Leader and the Council for Democratic Reform, including any related persons who have been assigned by the Leader or the Council for Democratic Reform or who have obtained orders from the persons assigned by the Leader or the Council for Democratic Reform pursuant to the seizure of State administration on 19 September B.E. 2549 (2006) to take actions prior to or after said date for enforcement of legislative, executive, judicial purposes, including meting out punishment and other administrative acts, whether as principal, supporter, instigator or assigned person, which may be in breach of the law, shall be absolutely exempted from any wrongdoing, responsibility and liabilities."

Equivalent sections can be found in previous constitutions of Thailand, with the important exception of the 1997 Constitution: the only one adopted through popular process, not force of arms or other autocratic means. Any permanent constitution approved by the current junta is also bound to adopt such provisions.

The problem with all of this is that, as pointed out by Professor Worachet, it is against common sense. How can an unconstitutional act be made constitutional simply by saying that it is so? How can an illegal act be made legal by declaring it thus? This is not legal pragmatism, as suggested by some; it is patent absurdity. It is the opposite of common sense; it is nonsense. It is also a blatant breach of international law and obligations to which the new government has promised to adhere: just one among many contradictions that have emerged in recent weeks.
With the 1997 Constitution, the higher courts in Thailand obtained unprecedented authority. In a 2003 paper Dr. James Klein described how,

"Thailand's fifteen previous constitutions had been subservient to code and administrative law designed by the bureaucracy to regulate individuals in society by restricting their fundamental rights and liberties... Thai politicians, the military and senior civilian bureaucrats had always reserved for themselves the power to interpret the meaning of law and the intent of the constitution."

By contrast, the 1997 Constitution sought to make itself the basis of law, with government agencies subordinate to it, rather than vice versa. This was nothing short of a revolutionary change, and it was bound to bring conflict and problems. So the Constitutional Court and some independent agencies--notably the Election Commission--became mired in controversy. Why should this be surprising? The development of new institutions, particularly where they challenge established authority, is by its very nature provocative. And before September 19 Thailand's senior courts were addressing this conflict: a conflict that in essence was over whether society should be founded upon the rule of law or the rule of lords. They had public support and the backing of His Majesty the King. So what has changed since then? And where are they now?

The highest form of contempt of court is the extralegal removal of a judiciary and legislature, as happened in Thailand on September 19. It cannot be allowed to go unchallenged. If the superior courts meekly accept what has been done, as in previous years--and as if the 1997 Constitution never existed--they will lose the public confidence needed to address all issues of national concern in the future.

There is a small precedent. In March 1993, after the 1991 coup group had already been removed from power by public protest, the Supreme Court of Thailand found that a committee set up to investigate the former government was unconstitutional, and in so doing it overruled order 26 of the coup group. The time has come to build upon that example, and overrule some more. The job for the superior courts now is not to rule on the former government; it is to rule on the present one.

The Asian Human Rights Commission calls upon the higher judiciary of Thailand, and in particular the Supreme Court, to take a position on the illegal and unconstitutional assumption of power by the armed forces in Thailand of September 19. It calls upon the upper courts to assess the legality of the interim constitution of October 1, especially sections 36 and 37. It calls upon them to assess the implications of these provisions, among others, for the future of Thailand. It calls upon them to do this for the sake of their own integrity, and for the preservation of the values, laws and institutions of the 1997 Constitution. And it calls upon them to do this to make military coups history in Thailand.

Under the 1997 Constitution the people of Thailand gave substantial power to their courts. They did so for good reason. The courts must not betray them by allowing that power to be snatched away so easily. They must rule on the coup.

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About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation monitoring and lobbying human rights issues in Asia. The Hong Kong-based group was founded in 1984.

Sep 24, 2006 (DVB) - Recent coup in Thailand will embolden the ruling generals of the State Peace and Development Council (SPDC) in neighbouring Burma and weaken efforts to push for democratisation, analysts and diplomats said, according to a report by AFP from Bangkok.

The reaction from Association of Southeast Asian Nations (ASEAN) members to the power grab has been relatively muted, said political scientist John Harrison of the Singapore-based Institute of Defence and Strategic Studies. "Myanmar (Burma) can now argue rather effectively: how can any organisation tell us that we have to reform democratically when you all have been very silent on the undemocratic change in Thailand?" Harrison said. "They can say, if you don't condemn and isolate Thailand, how can you condemn and isolate us?"

Diplomats also agree that Tuesday's coup in Thailand, long seen as one of Southeast Asia's most vibrant democracies, sends the wrong message to Burma and across the region.

International pressure has mounted over Burma's dismal human rights record and repression of political opposition, including the years of house arrest the regime has imposed on democracy leader Aung San Suu Kyi. The UN Security Council last week placed on its formal agenda the issues of political repression and human rights violations in Burma.

But "There are many activists who are quite happy to see the back of Thaksin," said Stothard. "Like many Thai human rights activists, they were concerned about how Thaksin manipulated the political system for his own benefit and how the security situation for refugees, asylum seekers and activists has deteriorated."

Win Min, a politics expert from Chiang Mai University and himself a Burmese refugee, pointed out that Thaksin had long defended the Burmese regime while pushing telecommunications and other business interests there. "The whole world criticised Burma, but for a long time ASEAN defended Burma because Thaksin intervened," said Win Min.

(Hong Kong, October 12, 2006) The Asian Human Rights Commission (AHRC) on Thursday condemned the appointment of a "puppet" legislative assembly and extension of martial law in Thailand.

"What are the grounds for keeping the entire country under martial law?" Basil Fernando, executive director of the Hong Kong-based regional rights group asked.

"There is no war, no major calamity, but still the junta is not even bothering to offer explanations," he said.

On Wednesday the new prime minister, General Surayud Chulanont, said that martial law may remain in place for one or two months, depending on the decision of the Council for National Security, the latest name of the cabal that took power on September 19.

On Thursday the regime, which is headed by armed forces commander General Sonthi Boonyaratglin, appointed a 242-member assembly that will hold power for one year.

"What criteria were used to select these persons?" Fernando asked.

"How are they suited to represent the people of Thailand at this critical time? How aware are they of people's concerns and interests?" he added.

The AHRC director dismissed the assembly as a "puppet" of the junta.

"What we see are a lot of army officers, bureaucrats and businesspeople," Fernando said.

"How many of them will speak up for farmers groups or trade unions, for instance?" he asked.

"Even political parties have a mere four representatives. What is political process in a so-called constitutional democracy without any political parties?" Fernando questioned.

Fernando ridiculed suggestions that the military regime is working for democratic reform.

"This whole affair is about certain parts of the armed forces of Thailand protecting their own interests, as they have always done," Fernando said.

In a statement released on Monday the group said that any constitution written under the regime would be a work of "fiction", and called for an election to precede the writing of a new charter.

"The notion that this interim constitution can do any good is absurd," Fernando said.

"What is it anyway? Where is it taking Thailand?" he asked.

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About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation monitoring and lobbying human rights issues in Asia. The Hong Kong-based group was founded in 1984.

Posted on 2006-10-12

By Charles Haviland
BBC News, Kathmandu


A British climber has related how he saw Chinese border guards shooting dead a Tibetan refugee in a group trying to flee to Nepal 11 days ago.

Policeman Steve Marsh told the BBC he was resting at a camp on the Tibetan side of the Himalayan peak of Cho-Oyu.

He spoke of his shock at the incident, which he said scores of other mountaineers also witnessed.

Tibet welfare groups say the Tibetan who died was a young nun, and add that a boy might also have been killed.

'Dead in the snow'

Mr Marsh, from Bristol, was speaking in the Nepalese capital, Kathmandu.

He said his party saw two or three Chinese soldiers hurrying towards a column of about 25 people on a glacier, clearly Tibetans trying to escape over a high pass into Nepal.

Mr Marsh said the Chinese fired twice but the group continued.

There was a third shot, the last in the group fell but was helped to move on a few yards, then there was a fourth shot which left the person dead in the snow.

Police only removed the body the next day. Soon after the shooting, a group of young children were marched through Mr Marsh's camp by Chinese soldiers. Their fate is unknown.

Tibetan welfare organisations say they had been taken from the escaping group, more of whom moved on to Kathmandu, where the UN refugee agency has questioned them.

Hundreds of Tibetans flee to Nepal every year but for years now Kathmandu, keen not to alienate Beijing, has passed new refugees onto India, where Tibet's exiled spiritual leader, the Dalai Lama, is based.

By Thea Alberto
INQ7.net
Posted date: October 09, 2006

LESS than a week after Philippine Independent Church (PIC) Bishop Alberto Ramento was killed in his convent, another priest of the church also popularly known as Aglipayan, was murdered in his home in Surigao del Sur, police said Monday.

Chief Superintendent Antonio Nanas, Caraga Region police chief, said Dionisio Gingging, 54, was shot and stabbed by five still unidentified persons.

Nanas said the killers barged into Gingging's residence at Purok (sub-village) Sunkis, Barangay (village) Bajao, Tago town around 5 a.m. Sunday.

He said they were eyeing a personal grudge as the possible motive for the murder.
"The suspects used a pistol and a sundang (bladed weapon) that caused the priest's instant death. Mukhang malaki ang galit dun sa pari (It appears there was great anger towards the priest)," said Nanas in a phone interview.

Nanas said he already ordered the region's Criminal Investigation and Detection Group to hasten its investigation of the crime.

Gingging's murder came the same day the militant Promotion of Church People's Rights said at least five more Aglipayan priests feared they were targets for political killing.

Several priests of the church, which has its roots in the Philippine revolution against Spain and has maintained a militant tradition, are closely involved with activist groups and a number are among what human rights groups estimate are the more than 750 victims of extrajudicial killings since 2001.

Ramento was stabbed dead in his convent Tuesday last week in what police said was a robbery. Authorities have arrested four alleged robbers they said were responsible for the bishop's death.

But militant groups, Ramento's colleagues, friends and even family say they doubt the police angle and suspect the bishop's death had to do with his outspoken human rights advocacy and his criticism of the Arroyo administration

By Christian V. Esguerra
Inquirer
Posted date: October 09, 2006

"THE killer toyed with him like a cat playing with a mouse."
This was how lawyer Rex Fernandez, a member of a fact-finding mission, described on Monday the killing of Aglipayan Bishop Alberto Ramento on October 3.

Citing information gathered by the nine-member mission that looked into the murder, Fernandez said Ramento was initially stabbed twice while sleeping inside his room at the San Sebastian Parish in Tarlac City.

The killer reportedly watched as the 70-year old bishop struggled to get help.
After Ramento collapsed near the stairs just outside his room, the killer stabbed him four more times, Fernandez said.

Two other incisions were made on Ramento, one in the neck and another on his ring finger, to make it appear that the victim had struggled, the mission said in a two-page report.

"Clearly, they were made to make the whole thing look (like) robbery," according to the report. "The neck wound is at least superficial and can be seen as an afterthought or as a flourish by the killer who was ordered to make it look (like) robbery."

Fernandez said these "show wounds" suggested that the killer had been "taught what to do."

"The most evil thing was that he really intended to kill him and was even very proud of it," Fernandez said in a press conference at the Iglesia Filipina Independiente Cathedral in Manila. "He was playing with his victim."

The mission came out with its own version of the murder in an effort to counter the official police findings that dismissed the killing as plain robbery.

The mission was composed of representatives from the human rights group Karapatan, Promotion of Church People's Response, Public Interest Law Center, Health Action for Human Rights, and the Aglipayan Church, which is how the Iglesia Filipina
Independiente or Philippine Independent Church to which Ramento belonged, is more popularly known.

But Senior Superintendent Nicanor Bartolome rejected the mission's findings and said the Tarlac police "stand pat on the results of our investigation."

Fernandez said Ramento could have been killed by a lone assailant, contrary to the Tarlac police's version that pinned the blame on alleged gang members Michael Viado, Michael Quitalig, Raymon Perez and Joel Villanueva.

He said the killer also probably used two different knives, as shown by the differences in angles and entry points in the victim's chest and back.

Fernandez said he suspected a bayonet was used in initially stabbing Ramento in the chest, saying the wound penetrated the sternum (breast bone) en route to the heart.
The mission criticized the investigation conducted by the Tarlac police.
Fernandez noted that the crime scene was not sealed off and that. within two hours of the body's discovery, the city mayor, the barangay (village) chair and a councilman were in the area.

"The scene of the crime investigation was inefficient and haphazard," he said. "The crime scene was adulterated."

In a statement, Ramento's two children further disputed the robbery angle, noting that the two missing items in the bishop's room -- a DVD player and his ring -- had disappeared on two different occasions.

Aldos, the eldest, and Ichey, the youngest, said the DVD player had been reported missing two weeks before the ring was supposedly taken at the time of the murder.
"It's perplexing that the police recovered both of the items and presented them to media together," they said in the statement. "In the two weeks that had passed, it's also surprising that the so-called robbers had not yet disposed of the DVD when in fact they were supposedly notorious."

Jigs Clamor, the head of the fact-finding team, said the findings and circumstances strongly suggested a motive way beyond simple robbery.

"It seems that there's a script involved here," he told the Inquirer.

By Christian V. Esguerra
Inquirer
Posted date: October 09, 2006

THE gruesome murder of Bishop Alberto Ramento has sent chills through the international Christian community.

"On behalf of the Church of Sweden, I want to express our condolences, sorrow and shock over the murder," Anders Wejryd, the Archbishop of Uppsala, wrote in a letter to the Iglesia Filipina Independiente, also know as the Philippine Independent Church or Aglipayan Church.

The Most Reverend Andrew Hutchison, Archbishop and Primate of the Anglican Church of Canada, described Ramento's death as "tragic" in a separate letter.

"With deep sadness, I have learned that Bishop Alberto Ramento has been brutally killed," wrote Jonas Jonson, a bishop emeritus in Sweden.

In Manila, Archbishop Angel Lagdameo, Catholic Bishops Conference of the Philippines president, finally broke his silence and expressed sympathy to the Iglesia Filipina Independiente.

"What is saddening and shocking are the circumstances surrounding his killing," he said in a statement.

Lagdameo reminded the public that the CBCP has already denounced the spate of extrajudicial killings that have victimized activists, church leaders and workers, and journalists.

"What is alarming is that so far, the actions that have been taken do not yet satisfy the demands of justice especially for the victims and their relatives," he said.

"Will the case of Bishop Ramento be another reason for us to say that this country is no longer safe for those who announce the truth and denounce immorality?"

Jonson described Ramento as a friend, having met him first during a religious gathering in Cavite in 1990.

"His commitment to justice, his solidarity with the poor and his faith in Christ made a deep impact on me," he recalled. "I thank God for his service to his people and his inspiration to all who sought peace with justice."

Wejryd also heaped praises on Ramento, saying his church recognized the slain bishop's "important and dedicated service."

"We are grateful that he also was instrumental in bringing about the strengthening of relations between our church bodies."

In a press conference in Manila, activist priest Father Joe Dizon of Kairos spoke in metaphors in agreeing that Ramento was murdered by "thieves."

"Yes, it was the handiwork of thieves," he began, "thieves of truth, of electoral votes, of power in government."

October 9, 2006

A Statement by the Asian Human Rights Commission

THAILAND: MILITARY COUP--Constitutional fictions

In A Short History of Thailand, David Wyatt describes how after Field Marshal Phibun Songkhram retook power from an elected government in 1948 he set about retaining "the facade of constitutional democracy". He writes that

"Thailand was now receiving economic and military assistance from the United States and favors from international organizations, and Phibun could not afford to jeopardize those by dispensing with the constitutional fictions that seemed so to impress the international community."

Under Phibun's control, Thailand continued with "constitutional regimes, but with the important qualification that the constitution was subordinate to the government, not the opposite". This was the trend until 1997, when for the first time its people themselves participated in the writing and passing of a charter that aimed to set in place institutions which would ensure the supremacy of law rather than the supremacy of the ruler.

The 1997 Constitution was dumped by Thailand's newest military junta on September 19. The regime now has its own plans for the writing of constitutional fictions. They are well underway. Through its self-proclaimed interim constitution, the coup group hopes to create the impression that a permanent one prepared on its orders is somehow the only avenue through which to address the "grave threat to the democratic system" caused by the government of Pol. Lt. Col. Thaksin Shinawatra.

One of the junta's constitutional fictions consists of the impression that the new charter will involve many people from different--albeit as yet unspecified--walks of life. To do this, its interim constitution arranges for the setting up of various bodies with fine-sounding democratic names: the National Legislative Assembly as a temporary parliament, alongside the National People's Assembly, Constitution Drafting Assembly and Constitution Drafting Committee for the writing of the permanent constitution.

All of these proposed bodies are nothing more than generic characters in a poorly-devised plot, driven by the need to conceal the presence of the armed forces at its every point. Under the interim constitution the junta pulls all the strings: appointing the National Legislative Assembly members, president and vice president (section 7); removal of the prime minister (section 14); appointing and replacing the Constitution Drafting Assembly members, president and vice president (sections 19, 23 & 24); appointing the members of the National People's Assembly (section 20); and, appointing persons to the Constitution Drafting Committee (section 25).

Another constitutional fiction consists of the appearance that the people of Thailand are somehow involved in any of this. Apart from the incongruously-named National People's Assembly, the flourish of a plebiscite (under section 29) is intended to prove--perhaps as if by magic--that the draft constitution has a stamp of approval from the nation. What could be more democratic than that, the generals seem to be insisting.

The plebiscite is the tried-and-tested friend of dictators and autocrats. Referendums can be used by any person, for any purpose. Without messy party politics and complicated debate, they can be reduced to achieve the simplest and most dangerous goals. Napoleon III, seen by many as the forerunner of modern autocratic rulers, used referendums on a number of occasions to secure his anti-democratic yet constitutional rule. Hitler and Mussolini both used them, as did Chilean dictator General Augusto Pinochet. In Sri Lanka, J R Jayewardene called a referendum in 1982 to extend the absolute powers he took through the constitution of 1978, with which he propelled the country into the conflict that has continued to this day. Such is the nature of plebiscite.

For the military regime in Thailand too the appeal to the people is conceived as a way to get its own handiwork formally approved, for the sake of public relations at home and abroad. Yes or no, with us or against us: this is the extent of democracy on offer. And even this choice is a scam. If things do not work out as planned--due to arbitrary deadlines not being met or the draft being unexpectedly rejected by the public--the junta will simply write its own charter, revising "one of the previously promulgated Constitutions" (section 32). Thus, the fraud is ultimately exposed, as it was in 1991 when early versions of the constitution prepared under a military junta at that time were extensively rewritten according to the generals' wishes.

The 2006 coup group is now embarking on its own journey of constitutional fiction-writing in the tradition of its predecessors. Like them, it is concerned to impress its international partners, especially the United States, which has already suspended a large amount of military aid. It also has much more to contend with at home: unlike Phibun's government, it must deal with an informed and interested electorate with a keener awareness of constitutional rights than any before it. For this reason and many others it will find that the longer it spins its constitutional fictions the more it will struggle to obtain credulity.

The Asian Human Rights Commission again calls upon the new interim prime minister of Thailand, General Surayud Chulanont, to give up this constitutional fiction writing. His government would best prove the calibre and good sense for which its prime minister is reputed by abandoning the so-called path to free and fair elections mapped out in the interim constitution and instead directly preparing for a newly-elected legislature. Only after that can talk begin about a permanent constitution, with open and widespread public involvement, as it deserves.

No end of military-conceived assemblies and handpicked writing groups, plebiscites or otherwise will redeem whatever constitution is produced under the method laid down by the September 19 junta. In fact, its interim constitution is itself the greatest constitutional fiction of them all and it can only lead to more of the same.

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About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation monitoring and lobbying human rights issues in Asia. The Hong Kong-based group was founded in 1984.

Make Me an Instrument of Peace

Meditations for God’s Peaceful People by Karen Horst Cobb

This week's Meditation: The Amish Show Us A Better Way

A new command I give you: Love one another. As I have loved you, so you must love one another. By this all men will know that you are my disciples, if you love one another. (NIV, John 13:34-35)

This week the morning news programs discussed forgiveness. Experts gently questioned if it is psychologically healthy for the Amish to forgive the shooter so soon. The unanswered question is still afloat on the airwaves. Few people can embrace the idea of forgiveness because it seems to be the opposite of human nature. As a nation we choose anger. It is what almost always motivates and inspires us to action. “Righteous indignation “ is what fuels conflicts within our families, communities and our world. We are justified, we reason, to be angry and to respond out of that anger with aggression. This week’s story is showing the world the face of God. It is a model which demonstrates the beauty of forgiveness. The Amish are showing us a better way when faced with tragedy.

They responded with sorrow for all involved, even the family of the shooter. He was their neighbor! Loving one’s neighbor as one’s self is still the most simple explanation of how to live in community. People around the county are wanting to help with medical and funeral expenses. According to the media, the Amish agreed to this only if the money can be shared with the shooter’s widow and children. The morning ne ws experts on forgiveness explained that the Amish have been practicing forgiveness for generations implying that it is almost innate by now. I am sure that it is as difficult for them as it is for each of us. Perhaps an embracing community makes it a little easier but each of them experiences the gamut of human emotions.

Charles Carl Roberts will for ever be identified as “the shooter“. If only he had learned to forgive perhaps this tragedy would never have happened. His suicide letter cited his inability to forgive himself for what he describes as “molestation of minors” when he was 12 (unconfirmed). He also speaks of the loss of their still born child and his anger at God. It appears that the anger he had toward himself became the core of his personality. It was the thing which defined him. He could not forgive himself. There are many mysteries about the mind and behavior but clearly our identities and the things we focus our attention on contribute to our perceptions and behaviors. He did not love himself, did not forgive himself and therefore could not love his neighbors. His jealousy turned to hatred which resulted in murder.

The power of forgiveness is poorly understood in our society. Our politicians know how to use anger and fear to gain power. Our national leaders are experts in violence and call us to war. As a nation we train people to kill and destroy and fight back. What we do not know is forgiveness. We do not seem to value it, we do not study it, practice it, or teach it. Our Department of War was renamed the Department of Defense but still the focus is on destruction rather than understanding, compassion and diplomacy. Imagine if as a nation on 9/11/01 we had responded as the Amish did this week. What if we had mourned the loss of all on that day and reached out to understand the hatred and anger which fueled it. Perhaps there would not be so many unanswered questions today. What if we had been able to realize that none of us are good, “no not one “, rather than set ourselves up as good and identify the “axis of evil”. What if we had refused to give in to our fears, seek revenge, and change our society and daily lives to accommodate hatred.

Forgiveness involves humility, understanding, gratitude and love. In humility we realize that we are all vulnerable and capable of sin. In understanding we are able to have empathy for the other and imagine the pain and suffering of their experiences. In gratitude we can overcome jealousy and loss. In love we are embraced by the power of God and know that no matter what happens we are a community. There are some things worse than death because love endures beyond the grave .

Prayer: God of love, we seek to bear the burdens of our neighbors; the Amish of Lancaster County and the family of Charles Roberts. We mourn the loss of the children and the destructive nature of anger, jealousy, and hatred. In this case we t hank you for the witness of love, compassion and faith and the example of a better way . Let us go and do likewise. Amen




Action: Take a personal inventory of areas in your own life where unforgiveness resides. Are you holding a grudge against yourself or someone else which separates you from community? Are you angry, jealous , unthankful or insensitive? Learn more about the role of forgiveness in mental health at. http://www.catholic.org/featured/headline.php?ID=3622

Consider helping to impact our nation by balancing the department of defense with a department of Peace. Learn about the Department of Peace initiative at http://en.wikipedia.org/wiki/United_States_Department_of_Peace

Consider helping to impact our nation by balancing the department of defense with a department of Peace. Learn about the Department of Peace initiative at http://en.wikipedia.org/wiki/United_States_Department_of_Peace