Monday, October 5, 2015

Human Rights in Burma - Old Dogs, Same Tricks?

 This is the second part in a three-part series on Burma leading up to the general election on November 8.

Since the last general election in Burma in November 2010, the first one since 1992, the world has not been shy in its praise of the reform process. Burma has been embraced by the world and is no longer considered a pariah state, but one that has embraced transition and is on the road to democracy.

As a Burma activist I have spent many exasperated moments wanting to bang my head against a wall from the naïveté of the international community, or even worse, from their blatant hypocrisy in the quest for influence and investment opportunities in the new open Burma.  

Let me start by saying that yes,  for many Burma is today a better place than it was during the time military junta, which came into power in a coup in 1962, and which ruled country with an iron fist. During the military dictatorship protests were violently suppressed (who can forget the images of the student protests in 1988 or the so-called Saffron Revolution in 2007?), all press and media was heavily controlled by the junta, images of National League for Democracy (NLD) leader Aung San Suu Kyi (and the country’s rightful leader after having won a landslide victory in the 1990 election) were banned and people would only whisper her name. Draconian laws made dissent or voicing of opposition punishable by long prison sentences. Laws also banned gatherings of more than five people in the same place, an effort by the government to prevent anti-government groups from meeting, and any over-night visitor had to be registered with the village/town authority.

The government was constantly watching, creating a climate of fear (for more on this I recommend reading Christina Fink’s ‘Living Silence in Burma: Surviving Under Military Rule’). My Burmese friends have told me frightening stories of oppression. My foreign friends visiting Burma at the time have told me how locals were too afraid to talk to them in public, since talking to a foreigner would immediately implicate and lead to questioning by the secret services, but how they could barely close the door of a taxi before the driver would release an avalanche of hatred towards the regime, beseeching his passenger to please let the world know what ‘it’s really like here’.

In comparison to the horrors of the military dictatorship under leaders like Brigadier General Ne Win (1962-1981) and Senior General Than Shwe (1992-2011), and others of the regime, yes Burma has moved forward. However, the enthusiasm with which the international community decided to welcome Burma, and the naïve lense through which they watched the democratization process, has been hampered by events in the past 2-3 years that should not come as a surprise. Serious cracks in the democratization façade are beginning to show.

There are numerous issues with the substance of Burma’s reforms, but I have chosen to only mention a few of them here. Some issues that have impact on the transition process I mentioned in my previous post, such as the ongoing armed conflict, and the important issue of the Rohingya minority will be given particularly attention in the third post in this series.

Reforms or More of the Same?

The Burmese regime has a history of violently cracking down on any form of protest or dissent. In 1988 police and military violently dispersed student protests, known as the 8888 Uprising, arresting thousands and forcing many into exile (some activists I met on the Thai-Burma border in 2010 had not been to Burma since 1988). In 2007, after weeks of protest, the security forces finally cracked down on monk-led protests, the so-called ‘Saffron Revolution’, and shocking images of Buddhist monks being forcibly de-robed in the streets and dragged off to prison were sent around the world.

In the first period after the 2010 election, the restrictions on freedom of expression and political opposition seemed to be at least somewhat eased. The government also made a big showing of, and received much praise for, releasing political prisoners. However, a recent report by Burma Partnership (BP) and the Assistance Association for Political Prisoners (AAPP) describes the backsliding of democratic reforms and a deteriorating human rights situation in Burma.

The report by BP and AAPP presents several serious issues, including the lack of an independent judiciary, repressive legislation and the lack of the rule of law, allowing the authorities to freely harass, arrest and imprison anyone they wish with impunity.

One particular tool of repression used by the government is the Right to Peaceful Assembly and Peaceful Procession Act, which requires “consent” from authorities before any protest, and particularly its Section 18, which makes it a criminal offence to conduct a peaceful assembly without permission, providing for up to 6 months imprisonment and/or a fine of up to 30,000 Kyat. In fact, since January 2015, 13 activists have been imprisoned and 139 activists are facing trials under Section 18 of the Assembly Law, according to the AAPP. As of the first week of July, AAPP had identified 170 political prisoners inside Burma.

In March this year, students in in the town of Letpadan protested a new education law, which centralizes higher education and which students believe would curb academic freedom. After the students staged a sit-in on a road near a monastery in Letpadan authorities prevented them from marching to Rangoon, police launched a violent crackdown. Video footage shows police attacking and beating protesters, bringing back memories of the horrors of 1988 and 2007. A total of 127 student activists and supporters were arrested and more than 70 students went on trial in May on charges of unlawful assembly, rioting and causing injury to government workers. As of August, 58 students remain in prison awaiting trial.

The Dangers of Buddhist Nationalism

Another serious issue regarding the democratic transition and human rights in Burma is the rise of extreme Buddhist nationalism and religious intolerance, which has surfaced in the wake of the anti-Muslim violence that began in Burma in July 2012.

Racism and Burman (the majority ethnic group in Burma) nationalism isn’t exactly new in Burma. I have several times been confronted with blatant racism, particularly against the persecuted Rohingya, by otherwise rational and compassionate Burmese human rights advocates and supporters. At an event organized by my organization, the Oxford Burma Alliance, about the horrible situation in Kachin State, one acquaintance (from the Burman ethnicity) stood up thanking us for working for the minorities of Burma and declared that it was important that the human rights of all peoples of Burma were respected. The same person was later quoted during an anti-Rohingya protest in Rangoon, denying these rights be given to the Rohingya. I should not have been so shocked – this person had previously spoken to me about the Rohingya in very derogatory terms, but seeing the words in a newspaper made it worse.

I don’t need to elaborate on how shocking it is that many Buddhist monks have joined the ranks of these movements and now preach anti-Muslim and anti-Rohingya sentiments, particularly given the fundamental virtues of Buddhism  – especially metta (loving kindness and compassion). What is more worrying is that the government and the pro-democracy camp seem unwilling to confront the nationalists – the government has even passed a number of laws, pandering to the views of these extremists.

The 969 movement is led by Ashin Wirathu, a monk who himself was a political prisoner between 2003 and 2010. Wirathu has insisted that the movement isn’t anti-Muslim, saying "We just targeted Bengalis [this is the pejorative term used for the Rohingya in Burma, used to convey that they are not Burmese, but foreigners] who are terrorising ethnic Rakhine (Buddhists)”. Nevertheless the 969 movement has led a campaign of boycotting Muslim shops across Burma and has been involved in attacks on Rohingya in Arakan/Rakhine state.

More recently the Ma Ba Tha, also known as the Association for the Protection of Race and Religion (the name alone should raise some red flags), has become the new face of anti-Muslim rhetoric and religious intolerance. The group, formed in mid-2013 and also led by Buddhist monks, has become a powerful lobby group and has managed to get the government to pass several controversial and discriminatory laws – in the name of protecting Buddhism.

In October 2014, 4 laws collectively known as the ‘Protection of Race and Religion Laws’, proposed by the Ma Ba Tha, were introduced to Parliament. Wirathu, a member of the Ma Ba Tha, has defended the laws saying ‘We need race and religion laws to protect our Buddhist women from the Islamization of jihad.’

The first bill, the ‘Population Control Bill’, was passed into law in May and allows authorities to order ‘birth spacing’ so that married couples need to wait 36 months between each child they have. This clearly violates the right to privacy and a women’s right to choose when to have children. The drafting process did not involve the participation by women, especially those from ethnic and religious minorities, who will be most affected by the law. The government has argued that the law aims to bring down maternal and infant mortality rate. However, the law feeds into the narrative pushed by groups such as the Ma Ba Tha, warning that the Muslims, because of their high birthrates, could take over the country (of some 50 million) even though they currently represent less than 10% of the population. It is easy to understand activists’ concerns that this law is a way to further target the Muslim population of Burma. Human Rights watched criticized the law, saying it would make ‘a mockery of the claim that Burma is still on the path to reform.”

The second bill, the ‘Buddhist Women’s Special Marriage Law,’ otherwise known as the ‘interfaith marriage bill’, was passed by Parliament in July. This law requires permission for Buddhist women to marry outside their faith. It again feeds into the perception that Muslim men are marrying Buddhist women in an attempt to spread Islam throughout the country.

The third and fourth bills, passed by Parliament in August, the ‘Religious Conversion Bill’ and the ‘Monogamy Bill’ are also discriminatory. The ‘Religious Conversion bill’ stipulates that that any person wishing to change religion must receive permission from the authorities. A Muslim man recently became the first target of the new monogamy law, facing seven years in prison for living with a Buddhist woman after separating from his wife.

The UN Special Rapporteur Myanmar, Yanghee Lee, has highlighted significant concerns with this legislation, saying that these laws will ‘legalize discrimination, in particular against religious and ethnic minorities and against women’.

Conclusion
The situation above paints a rather bleak picture of the state of human rights in Burma. Particularly worrying is the rise of the Ma Ba Tha and religious intolerance.

The Burmese Government seemed at first to be paralyzed and uninterested in doing much about the situation. However it the latest developments seem to suggest that the Government approves of the Ma Ba Tha's message. The Ma Ba Tha has since the passing of the 4 bills mentioned above encouraged its supporters to vote for the government’s UNDP party. It has urged voters not to vote for the NLD, trying to discredit the party by calling it a party of ‘Islamists’. Wirathu has also said that the Ma Ba Tha will push for laws banning Muslim dress and certain Muslim customs.

The current situation in Burma is extremely serious. I firmly believe that the international community, blinded by the promise of influence and profits, lifted sanctions on Burma too early and has since chosen to turn a blind eye to many of the huge flaws in the reform agenda – choosing instead to hail Burma’s ‘progress’. Now the same states are remaining largely silent in the face of a reform process that creates serious violations of human rights.

The people of Burma fought long and hard to live in a democratic country that respects the human rights of all its peoples. They deserve better than this.




Friday, October 2, 2015

Denmark’s Sensible Gun Plan for the US - Part 2 / 2



This is the second part of a blog post on what the US could learn from Denmark.


Denmark’s Plan Could Work for the US – and it Works Regardless of Population Size.

Major Howard, 3 years old, killed in Cleveland in Sept.
Denmark’s gun regulations allow for individual with an interest or need to start a path to gun ownership. No, it’s not the instantaneous “I want a gun, so let me drive to the nearest store or gun show” ownership that Americans currently enjoy.

But that gun ownership standard just left 10 people dead in Oregon, so perhaps it’s time we constructed something better.

The Danish plan would allow for lawful gun ownership in the US.  This isn’t a plan of confiscation but of regulation, so those with actual interests in or needs for guns have access to those guns.

But it wouldn’t just trust anyone without a criminal conviction with a weapon.  People would need to show they are responsible with a deadly weapon – something akin to an extended driver’s ed class and exam.

This plan is sensible and can work despite the discrepancy in population sizes.

People like to say that programs in other countries won’t work because they’re “much smaller” and therefore “can’t be compared to the US.” When pressed as to whether they mean population or land mass, everyone just goes “well, both!” 

Clearly, the “comparability” of these places wasn’t really a well thought out exercise, but that’s okay because the Danish plan works regardless of population or land size.

Daniel Barden, 7 years old, killed at Sandy Hook
You can have a large number of gun ranges or a small number.  Of course, the ranges themselves would be subjected to regulations, but you could allow for a free market competition between gun ranges (Americans love their free markets), allowing for widely available access and training for those intent on getting a weapon. 

By using privately owned gun ranges and clubs, the government itself would be working with those are committed to responsible gun ownership and use.  The power to determine who gets a gun isn’t in the hands of the state bureaucrats , but in those who believe in the “right to bear arms,” but understand that for the Second Amendment to be an effective protection and not a dangerous threat to our country, gun ownership requires training, oversight, and capacity.

This is a Human Rights Issue.

Make no mistake that the regulation of gun ownership is a serious human rights issue. 

Under international human rights law, there is no right to bear arms, but there is a right to life.  The state – meaning the US federal government – has an obligation to protect the right to life. This creates an obligation on the state to adopt effective regulations aimed at stopping third parties from taking away our right to life.

Sensible gun regulation is one of the ways in which the state can and should do this.
Amari Brown, aged 7, killed in Chicago in July

Even if you accept the right to bear arms as a real human right, it has to be balanced against this right to life.  You cannot justify an absolute right to gun ownership when faced with the staggering statistics of intentional homicides in the US. There has to be a clearer balance, and the Danish plan allows for that balance.

Gun-related Violence is Not an Issue of Mental Illness.

To believe that mental illness is the cause of the gun-death epidemic in the US you have to believe that the US has a disproportionate amount of mental illness and that mental illness is the cause of most homicides.


Studies show that “most violence behavior is due to factors other than mental illness.”

Mental illness does have a link to gun-related deaths, but not homicides.  Only suicides.  More than half of all gun-related deaths (not homicides; gun-related deaths) are from suicide.  In 2010, there were 31,513 gun-related deaths and 19,308 of those were from suicide.

Cole Short, 17, killed in September
The gun death that stays with me was a suicide that happened when I was 16.  A boy in our high school marching band, someone I spoke to almost every day, was suddenly gone. His death is not less tragic because it was self-inflicted.

Mental illness is not causing the rampant number of gun-related homicides or mass shootings in the US. We cannot continue to blame mental illness for this when it is clear that our access to guns is a leading cause in the rate of violence in the US.


We Need Sensible Gun Regulations.

The Danish plan may not be a complete panacea for the US, but it is something we should at least try.  The current system is clearly broken and we are in need of serious reform.

Whatever regulations we adopt need to account for the diversity within our states and our communities. In Ohio alone, there’s an epidemic of gun violence in Cleveland – where another child was killed last night. Yet, in my father’s hometown of Payne, you are more likely to have farmers who need to protect their crops and hunters with a legitimate interest in owning a weapon.

Sensible gun regulation, like the Danish plan, would help limit the violence in Cleveland while allowing for Payne’s farmers and hunters access to the tools of their trade.

By allowing a regulated avenue towards gun ownership, we could meet the diverse needs of our population while limiting the epidemic of violence that is, quite literally, killing our children on an almost-daily basis.

Victims of the Marysville Pilchuck High School shooting - Oct. 2014. Nate Hatch (14), Shaylee Chuckulnaskit (14), Andrew Fryberg (15), Zoe Galasso (14), Gia Soriano (14). Only Nate survived.

Denmark’s Sensible Gun Plan for the US -- Part 1 of 2



I started this post after the August killing of two journalists in Virginia, but put it aside as it’s hard to write on gun control in the US, knowing three clear realities: (1) I will be accused of naively misunderstanding the issue of gun and crime, regardless of how well-informed my ideas are; (2) someone will tell me that the real problem is mental illness, the rebuttal to which is set out at the end of the second part to this post; and (3) very few people will actually be open to the conversation. 

Wading into this discussion at times seems pointless.

And yet… I feel I have to write because not a single calendar week has passed in Barack Obama’s second term without a mass shooting in the US. Mass shootings for this purpose are defined as shootings in which more than 4 people are killed.  

A student is reunited with family after the killings at Umpqua Community College
From CNN

That’s a staggering statistic, particularly when compared with the sparsity of mass killings during that time in other industrialized states. Last night, it was the killing of ten people on the Umpqua Community College campus in Oregon.

The number of Americans killed by gun violence dwarfs those killed by terrorism, and the number of young people killed by gun violence now exceeds the number killed in car accidents.

It’s hard for me to relate anymore to this aspect of American life.  I am still, very much, a “local” in Cleveland, Ohio, but mass shootings and everyone’s desire to have a gun has become increasingly foreign to me.  While I’m currently in Palestine, I’ve spent most of the past 7 years in places with strict gun laws and almost no mass shootings. 

Yes, there are still murders in all the places I’ve lived, but it’s much harder to kill 4 people with a single knife than it is to kill 10 people with a gun.  

The Goal of Gun Regulation is Not to Eliminate Murder but to Lessen Its Frequency and “Success” Rate.

I am tired of people dismissing gun regulations as being unable to eliminate all murders.  Yes, there were horrible shootings in Denmark the very month I moved there. That doesn’t mean Denmark should do away with its gun regulations.

The purpose of gun regulation is not to make a utopian state in which no one dies.  It is to make a safer state where fewer people die from gun-related deaths, and where mass killings are less frequent and more difficult to achieve.

That’s why gun regulation is viewed as effective in Europe:  murders aren’t actually as frequent in most of Europe as they are in the US. 

People leaving the campus at Umpqua Community College
From CNN

According to OECD data, in 2010, the latest year with the most complete data, the US was third in the number of intentional homicides per 100,000 inhabitants. That’s only intentional homicides – leaving aside accidental shootings and suicide.

Only Mexico and Iceland had greater numbers (in 2011, Mexico had no data, but Iceland still has a great rate of intentional homicides).

In 2010, the US had 4.8 intentional homicides per 100,000 inhabitants.

Comparably, Israel had 2 murders per 100,000; Australia 1.1; Hungary 1.4; France 1.2; Switzerland 0.7.

And in Denmark, it was 0.9.

These statistics are not accidental; these countries have reasonable gun laws—and I think Denmark has gun laws that would work well for the US.

Denmark’s Gun Regulations Protect the Rights of Those with an Interest or Need for Guns While Limiting Misuse  

Sometimes people say guns “are banned” in Denmark, but this isn’t true. They are just well regulated. In fact, if Denmark needed a militia and called on all the gun owners, they would certainly have a well-regulated militia.

I’ll let that sink in for those of you familiar with the US’s 2nd amendment.

Whenever the question of why someone needs a gun in the US comes up, there are three typical answers: hunting; leisure; and self-defense. For two of out three of these, Denmark has a path to gun ownership.  It’s just a little longer than the US path.

Now, as I don’t read Danish at a legal level yet, and there’s a paucity of real information on Danish gun laws in English, I’m recounting information as it was explained to me through several interviews with individuals knowledgeable about the subject.

For leisure, you have to join a gun club, where you can use the guns only at the range for two years. At the end of the two years, the head of the club can certify to your suitability to own a gun in your house. At this point, you can apply for a permit to get a gun, but to have a gun in your home you have to have several safeguards.

First, you need two safes, one for the gun and one for the bullets. There are specific regulations about the kinds of safes you need to use, how much they must weigh, how they are kept in the house, etc.

Second, only the registered gun owner is allowed the combination or key to the safes. It’s unlawful for them to share access even with their family members.

Third, you can only take the gun with you to the range and your home. When travelling between the gun range and your home, you are expected to take the most expedient route. If the police pull you over and find the gun in your car, they can ask you to detail where you’re going and how you’re getting there.  If it’s not within specified limits or routes, you are in violation of the law.

Unfortunately, no one told me what happens if you’re in violation of the “most expedient route” rule, but I would guess that it’s a loss of the permit, similar to what happens if you don’t have the right kind of safe or share your safe details with unlicensed persons.
                                                                             
Hunters can apply for a permit under similar conditions.  They, however, are given more of an area in which they can use the guns and travel with it to ensure the regulations are effective for hunting.

Denmark does not allow guns for self-defense because doing so would defeat the purpose of gun regulations. 

Allowing self-defense as a justification for gun use simply increases the numbers of guns around and therefore the number of people who need guns for self-defense, which in turn increases the number of guns, and then… well, you get the United States of America, where two of my relatives who are almost 70 have concealed carry permits, meaning they can carry a gun on them in public despite the fact that I’ve seen both struggle with finding their eyeglasses when those eyeglasses are on their head.  And don’t get me started on the number of times they lose their keys everyday…

Denmark realized this – and realized that if they did actually face an invasion or an authoritarian regime they could either change the law or collectively ignore it – so they do not permit gun ownership solely for the purpose of self-defense.

Yes, criminals still get guns, but most people who use guns in the US are not hardened criminals.  For some reason, people in the US think that anyone who uses a gun would’ve found another way to get the gun.  That’s simply not true. Imagine I got in a horrendous fight with my boyfriend and decided if I couldn’t have him no one would [side-note: I’ve never once thought this about any of my ex-boyfriends and the idea that I could is surreal to me].

In the US I could, tear-streamed and without a second thought, head to a nearby gun store, buy a rifle, and kill my boyfriend within two hours.  

Evidence at the Umpqua Community College Shooting
From CNN
In Denmark, I’d have to spend serious time cultivating relationships with criminals. I don’t have those relationships right now, so I’d have to seek them out. I don’t actually know how to seek out criminals, and I don’t have shady friends in Denmark as of now, so this would entail a process. I doubt the criminal would sell me the gun right away, not knowing me or who I work for.  So, we’re talking at least a month to figure out who would sell me a gun, getting the cash together to buy the gun (illegal things are obviously more expensive than the lawful purchase of a rifle at Walmart or Dick’s Sporting Goods), and getting the purchase done.

Now, sure, a month from now I could still be in a “if I can’t have him no one will” mentality, or … I could’ve moved on with some random guy I meet at a bar or on a bus and not feel the need to kill someone just for breaking up with me.

The people using guns in the UK and Denmark are actually more hardened criminals. In the US, you have hardened convicted criminals and domestic abusers (who are, too often, not convicted criminals), but you also get a lot of people who didn’t have a criminal background before they purchased a gun and murdered someone.

The ease and accessibility of guns increases the likelihood of their use by people who otherwise would not be criminals.

A Quick Apology

We're sorry we've been away but we randomly had a lot of simultaneous travel!  We're getting back to blogging, though, and you'll hear a lot more from us soon.