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6/30/10

Sanctions force exit of Burmese general's daughter

I really appreciate this decision.

LIKE many overseas students, Zin Mon Aye hoped to parlay her accounting degree into permanent residency.

But her days in Australia were numbered once officials from the Department of Foreign Affairs and Trade learned she was on campus at the University of Western Sydney.

Ms Aye, 25, is the daughter of Brigadier-General Zin Yaw, a senior figure in the Burmese dictatorship.

Australia is a party to sanctions supposed to put pressure on the regime by targeting its leaders and their families.

Foreign Minister Stephen Smith decided in 2008 that allowing Ms Aye to stay in the country would be at odds with Australia's international policy on Burma.

She is expected to return to Burma within days, having fought Mr Smith all the way to the full bench of the Federal Court, and lost.

"Sadly, she's being punished for something of which she is innocent," said her lawyer, Tony Silva.

According to the court decision this month, Ms Aye said "she was estranged from her parents because of her father's association with the brutal Burmese military dictatorship".

She said she did not depend on her parents financially and had a full-time job waiting once she finished her masters at UWS.

Her argument was that Australia's sanctions should not penalise "adult children of senior Burmese regime figures, who are not supporters of the regime".

The three judges who heard her appeal agreed it must fail, although they split 2-1 on the degree to which she could challenge Mr Smith's essentially political decision in the courts.

One judge, Bruce Lander, said Mr Smith's decision directly affected her right to stay in Australia.

This meant he should have given her procedural fairness by allowing her to say whether or not she was in fact Brigadier-General Zin Yaw's daughter. But since her identity was not in question, her appeal had to fail.

The other two judges, Jeffrey Spender and Neil McKerracher, took a more absolute position on the separation of powers issue.

They said Ms Aye was inviting the courts to second-guess Mr Smith's sanctions policy. This they could not do.

ဗုိလ္မႈးခ်ဳပ္ဇင္ေယာ္ရဲ ႔သမီး ၾသစေတ်းလ်ႏုိင္ငံမွ ေမာင္းထုတ္ခံ(နစ္ေနမန္း)

Wednesday, June 30, 2010

နအဖ ဗိုလ္မွဴးခ်ဴပ္ ဇင္ေရာ္ရဲ ့ သမီးအား ႀသစေႀတလ်ႏိုင္ငံကေန ထြက္ခြာဖို ့ တရားရုံးခ်ဴပ္မွ ဆုံးျဖတ္။

ႀသစေႀတလ်ႏိုင္ငံ နယူးေဆာက္ေ၀းလ္ျပည္နယ္ရဲ ့ ဆဒ္ဒနီျမဳိ ့ အေနာက္ဆစ္ဒနီတကၠသိုလ္ (University of Western Sydney) မွာ ပညာလာေရာက္သင္ႀကားေနတဲ့ နအဖ ဗိုလ္မွဴးခ်ဴပ္ ဇင္ေရာ္ရဲ ့ သမီးျဖစ္သူ ဇင္မြန္ေအးကို ႀသစေႀတလ်ႏိုင္ငံကေန ထြက္ခြာဖို ့ ႀသစေႀတလ်ႏိုင္ငံ တရားရုံးခ်ဴပ္ကေန ဆုံးျဖတ္လိုက္ပါတယ္။

အသက္ (၂၅) ႏွစ္အရြယ္ ဇင္မြန္ေအးဟာ ဒီလို ႀသစေႀတလ်တကၠသိုလ္မွာ ေက်ာင္းတက္ျပီးရင္ ႀသစေႀတလ်ႏိုင္ငံမွာ ေနထိုင္ဖို ့ ရည္ရြယ္ခ်က္ရွိေႀကာင္း၊ ဘာသာရပ္အထူးျပဳ (Master) ဘာသာတစ္ခုကို သင္ႀကားေနဆဲ ျဖစ္ေႀကာင္း သိရွိရပါတယ္။

ဒီလို ႀသစေႀတလ်ႏိုင္ငံကေန ထြက္ခြာခိုင္းျခင္းမွာ ႀသစေႀတလ်ႏိုင္ငံက ဥပေဒထုတ္ျပန္ျပီး တားျမစ္ထားတဲ့ နအဖအာဏာရူးမ်ားရဲ ့မိသားစုမ်ား အထူးသျဖင့္ နအဖထိပ္ပိုင္းေခါင္းေဆာင္မ်ားရဲ ့ မိသားစုအဖြဲ ့၀င္မ်ားအား ႀသစေႀတလ်ႏိုင္ငံသို ့ လာေရာက္ျခင္း မျပဳရန္ (visa ban) တားျမစ္ထားျခင္းေႀကာင့္ ျဖစ္ပါတယ္။

ဇင္မြန္ေအးဟာ ၂၀၀၈ ခုႏွစ္ကတည္းက ႀသစေႀတလ်ႏိုင္ငံကို ေရာက္ရွိခဲ့တာ ျဖစ္ျပီး အခုရက္ပိုင္းအတြင္းမွာ ႀသစေႀတလ်ႏိုင္ငံကေန ထြက္ခြာရမွာ ျဖစ္ပါတယ္။ ဒီဆုံးျဖတ္ခ်က္ကို ႀသစေႀတလ်ႏိုင္ငံ ဗဟိုတရားရုံးကေန အမိန္ ့ခ် ဆုံးျဖတ္ခဲ့တာ ျဖစ္ပါတယ္။

(သတင္းေပးပို ့လာသူ ကိုေသာမတ္စိုးအား ေက်းဇူးတင္ရွိပါတယ္)။
 

ထုိင္း-ျမန္မာနယ္စပ္မွ ျမင္ကြင္း ...............ကုိထူးခ်စ္ (GHRE)

Photo by Ko Htoo Chit
Internatinal Human Rights Training (Canada) တြင္ေတြ႔ရေသာ ကုိထူးခ်စ္ (GHRE)
ဘယ္(Ms. Gueye, Mme Enelyne Mame Sami သည္ Senegal နိုင္ငံ မွ Save the Children ( Sweden) အဖြဲ႔မွာျဖစ္သည္)
ညာ(Mr. Senaka Bandara, Director of the Institute for Decentralized Alternative Awareness" Projects department. Sri Lanka က လူ႔အခြင္႔အေရးေရွ႕ေန)

The View from the Thai/Burmese Border: The Problem of Burmese Migrants in Thailand

By Mr. Htoo Chit

24 June 2010, Burmese/Thailand Border. Under Burma’s military dictatorship, the people of Burma have suffered a great deal. Burma’s military dictatorship has ruined the country and the economy. As a result of bad economic planning, many poor Burmese people have fled to neighboring countries to get jobs. Many of the Burmese people end up fleeing into Thailand to seek jobs.

In addition, many Burmese people flee into Thailand because the Burma Army attacks many of its citizens and uses forced labor on many infrastructure projects. The Burma Army is still using forced labor, especially in rural areas where the Burmese military regime, the State Peace and Development Committee (SPDC) have increased the presence of their forces and built military bases. The SPDC army has confiscated many acres of land in order to grow paddy and vegetables for Army’s rations. In areas under SPDC control, even in places where there is no resistance threat, the local people are regularly summoned to do one or more days of forced labor at military camps and farms. Whenever a new battalion moves into an area, the nearby villages are forced to provide most of the building materials such as wood and bamboo for the camps.

As a result of the military attacks and forced labor, thousands of Burmese refugees cross the Thai-Burma border to seek safety and jobs in Thailand. Thailand is a most developed country in the region so many Burmese migrants flee to Thailand for safety and to look for jobs. Most of Burmese migrants face lots of difficulties in Thailand. They face the “3D’s”: Dangerous, Difficult and Dirty work. We estimate that there are 4 million undocumented and documented Burmese migrants working in Thailand in 3D jobs.

My organization is trying to help these refugees. We help them by providing schools, shelter, and working with local authorities to make sure that migrants have their rights. We are trying to make sure that workers and Burmese migrants are not deported. We try to make sure the migrants are treated with respect. We work to ensure that they have healthcare, fair treatment, and understand their rights.

Many of the migrants are not registered in Thailand, which means they suffer abuses from Thai authorities and workers. Common human rights violations facing Burmese migrant workers are labors rights abuse such as uncompensated overtime, low salaries, no life insurance or compensation, sexual harassment and torture. My organization helps migrants apply for temporary passports. Many migrants do not register with the Thai government due to the high cost and fear of reprisals of giving their address in Burma. Some Thai employers also don’t want to allow their Burmese workers to register to avoid any taxes and to prevent any recourse for abuses on their workers.

The situation has recently become more difficult for Burmese migrants in Thailand. On 2 June 2010 the Prime Minister of Thailand, Abhisit Vejjajiva, established the Special Centre to Suppress, Arrest and Prosecute Alien Workers Who Are Working Underground. This support shall be provided in accordance with the systems and regulations of the Fund for Deporting Alien Workers from the Kingdom of Thailand. This order shall be effective immediately. A total of 346 Burmese were arrested between 16 June and 19 June 2010, in Bangkok alone.

This law is unfair and my organization is trying to lobby on behalf of the Burmese migrants to make sure this law does not get used to attack Burmese migrants unfairly.

.

Htoo Chit is the Founder of Foundation for Education and Development in Thailand and a 2008 Ashoka Fellow.

ယခုေဆာင္းပါးသည္ အေမရိကန္ႏုိင္ငံမွ နာမည္ႀကီး ဘေလာ့ဂါ Meghan O’Meara ရဲ ႔ ဘေလာ့ဂ္တြင္ ေဖာ္ျပခဲ့သည့္ေဆာင္းပါးျဖစ္သည္။
http://blog.gale.com/speakingglobally/

...........................................

Is there such a thing as an “illegal” human being? PDF Print E-mail
Wednesday, 30 June 2010 10:04
We ask Thailand to show compassion to humans without documents
By Htoo Chit, Executive Director of the Foundation for Education and Development (FED), formerly Grassroots HRE
temp_passportLife as a migrant isn’t easy for Burmese people in Thailand, but a new law just made it that more difficult.  On June 2nd, 2010 the Prime Minister of Thailand, Abhisit Vejjajiva, established the Special Centre to Suppress, Arrest and Prosecute Alien Workers Who Are Working Underground.
This support shall be provided in accordance with the systems and regulations of the Fund for Deporting Alien Workers from the Kingdom of Thailand. This order shall be effective immediately. A total of 346 Burmese were arrested 16-19 of June, 2010 only in Bangkok. Whether in California, or Thailand or France, the influx of poor migrants seeking a better life causes tension between the majority population and their new neighbors.  It is important to enact fair policies that protect the human rights of all people.  This new law is not a fair way to deal with immigration, particularly in light of the difficult process migrants face in trying to become legal. “Migrants have long experience of mass raids which do not screen migrants’ status. It is highly likely that some migrants holding only appointment cards for nationality verification will also be arrested, together with undocumented migrants, and this will undermine the confidence of all migrants to proceed with regularization.  Furthermore, ordering the arrest of the 300,000 migrants who were eligible to enter into the nationality verification process but did not follow through does not address the shortcomings of the process, it only causes more confusion, distrust and resentment.” Mae Kong Migration Network (MMN) which is regional advocacy group, statement on 22 June, said.
So why aren’t migrants registering?  Many migrants do not register with the Thai government due to high cost and fear of reprisals of giving their address in Burma. Some Thai employers also don't want to allow their Burmese workers to register to avoid any taxes prevent any recourse for abuses on their workers.  Many of the migrants are not registered in Thailand, which means they are vulnerable to exploitation. Common human rights violations facing Burmese migrant workers is labor rights abuse such as uncompensated overtime, low salary, no life insurance or compensation, sexual harassment and torture. In response, we have been mobilizing migrants to apply for temporary passports. Still, many migrants live in fear.  “We understand the legal status would be protected for our rights but are we afraid to practice the national ratification because we don’t trust the government and we are concerned our family to be harassed in Burma.”  Nai Soe, Burmese’ a rubber plantation worker said.
If there is so much abuse in Thailand, who do these people leave Burma? Under Burma’s military dictatorship, the people of Burma have suffered a great deal. The dictatorship has ruined the country and the economy. As a result of bad economic planning, many poor Burmese people have fled to neighboring countries to get jobs. Many of the Burmese people end up fleeing into Thailand to seek jobs.  In addition, many Burmese people flee into Thailand because the Burma Army attacks many of its citizens and uses forced labor on many infrastructure projects. The Burma Army is still using forced labor, especially in rural areas where the Burmese military regime, the State Peace and Development Committee (SPDC), has increased the presence of their forces and built military bases. The SPDC army has confiscated many acres of land in order to grow paddy and vegetables for Army’s rations.  In areas under SPDC control, even in places where there is no resistance threat, the local people are regularly summoned to do one or more days of forced labor at military camps and farms. Whenever a new battalion moves into an area, the nearby villages are forced to provide most of the building materials such as wood and bamboo for the camps.

temp_passport01
As a result of the military attacks and forced labor, thousands of Burmese refugees cross the Thai-Burma border to seek safety and jobs in Thailand. Thailand is one of the most developed country in the region so many Burmese migrants flee to Thailand for safety and to look for jobs. Most Burmese migrants face lots of difficulties in Thailand. They face the “3D’s”: Dangerous, Difficult and Dirty work. We estimate that there are 4 million undocumented and documented Burmese migrants working in Thailand in 3D’s jobs.
“We are working the jobs in Thailand shunned by the Thai workers; we did not steal their jobs. I strongly believe that over 90 % of fishery workers are Burmese. I think that they (Thai workers) don’t want to work as our Burmese fellows because we have to work for long distance with very limited safety and living conditions” Mg Lay said, who is working in the fishing industry for over a decade and is supervisor of the fishing boats.
Some Thais are compassionate to the plight of their neighbors.  “We have chance to eat fresh sea food and export it to others countries because of Burmese migrant workers” said Ms. Kwe, a Thai human rights activist. Thai employers and authorities also admitted that the Thai economy has been growing because of migrant workers and some of them are starting to support fair treatment of Burmese migrant.
So this is where we are left, with a poor oppressed community seeking a better life and contributing to the economy while their host country makes life even more difficult.  Thailand has a long cultural tradition of compassion, so we ask that this new law be rescinded and we look for ways to work peacefully together.

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