A conversation
with U Nu's daughter
| by Basil
Fernando
( November 28,
2012, Yangon, Sri Lanka Guardian) We were one of the leading nations in
agriculture and many other things in South East Asia. We have lost it all since
the 1962 military takeover. Now advisors come from those countries, which were
in very difficult position before 1962, to advice us on agriculture, and so
many other things. Our health system has collapsed. Our education system, which
was of the same quality as that in India those days, has now degenerated. Above
all, our legal system does not exist at all. The courts are in neglected
buildings, and they are quite dirty. Lawyers have to pay bribes to police
officers. Corruption has got into everything … said Ms. Than Than Nu, the
daughter of the first Prime Minister of Burma, Mr. U Nu, in a conversation with
me and two of my colleagues today (27 November 2012) at her residence in
Yangon.
 |
With the collapsing of the legal system, distrust about property rights spread and today one cannot be sure about ones ownership about anything. The government can confiscate anything and powerful persons can takeover any property. There are complaints about land grabbing everywhere.
Than Than Nu
showed us her father's autobiography written in Burmese that is reprinted after
the recent lifting of censorship. Earlier, on three occasions, the military
censor had refused permission to publish and had informed the publisher, not to
bring it for a fourth time, as the censor himself had personally forbidden the
publication.
After the
censorship was lifted and the book reprinted, it has become a best seller. Some
years ago this book was also translated into English under the title U Nu, the
Saturday Born. Ms. Than Than informed us about the 1968 takeover and how the
situation became worse by 1969 when their family had to flee from Burma. There
was large-scale exodus of many, including the more educated sections of
Burmese. She also spoke about how her father tried to organise an armed
resistance from the Thai-Burmese border and how that too finally failed. Then
the family went to India and Than Than returned only 2003. During exile, Than
Than worked for the All India Radio, Burmese broadcast. She told us about how
the broadcast from India became popular throughout Burma and the Burmese people
across the world in those days of repression and how this broadcast was stopped
after the Prime Minister Mr. Rajeev Gandhi's assassination.
Answering our
questions Than Than said that prior to 1962 there was a strong Supreme Court, a
good judicial system and also a well placed legal profession. The law was
respected and that was one of the reasons for the stability then. However after
the military takeover, gradually, the judicial system came under the military
control and lost its independence. Corruption was widespread and the people
lost any trust in the legal process.
With the
collapsing of the legal system, distrust about property rights spread and today
one cannot be sure about ones ownership about anything. The government can
confiscate anything and powerful persons can takeover any property. There are
complaints about land grabbing everywhere.
Now there is an
effort to make changes and Than Than believes that these are genuine efforts.
However, there is also very strong resistance to change by those who have
vested interests. They will try to resist many efforts for change. So there are
formidable obstacles on the way. However the people are making efforts and they
will fight on. Smaller parties like the Democratic Party to which Than Than
belongs have also contributed to change though that is not noticed or talked
about. What Than Than talked about regarding the dismal collapse of the rule of
law system can easily be noticed everywhere. Than Than added that people talk
about police reforms, but without judicial reforms, police reforms does not
make any sense.
In a discussion
with 30 young lawyers and political activists in Yangon on the rule of law,
when a question was asked whether it is legal for policemen to beat-up people,
the answer was that it happens in all police stations throughout the country.
The idea whether something is legal or not, did not make sense to them. If someone becomes a victim of crime it is
hardly possible to expect any effective legal intervention or justice in any
case. Corruption has got into everything and within that setup everyone knows
that there is no real independence of the judiciary.
While these
young lawyers and political activists are quite surprised and happy about the
changes that are happening, like the beginning of the parliament where the
opposition is actively participating in debates, and the lifting of censorship
and the expansion of rights to have demonstrations, they were pessimistic about
any rule of law emerging in the country in the near future. The lawlessness is
so widespread that they are confused about how things could change. However
many among them are persons who were imprisoned for political activism in the
past, and they are determined to remain active for bringing more changes
despite the confusion as to how this would be possible.
It is obvious
that the media repression that prevails today in Sri Lanka has seized to exist
in Burma. From the point of view of freedom of expression, and space for
political activism, Burma now is a far better place than Sri Lanka.
About the author: Basil Fernando is a
lawyer and the Director for Policies and Programmes at the AHRC. The Author
could be contacted at basil.fernando@ahrc.asia
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