Article submitted by: Thunderbolts on 13-Aug-2012  
THE RULE OF LAW STARTS FROM THE LAW MAKER.
Dear Myanmar Patriots, Expatriates, Compatriots, and Friends,


The talk of the town is “The rule of law ”. When somebody talks about ‘the rule of law’, how much that somebody know about the laws. How much that somebody obeyed the laws, abide by the laws are the questions. Nothing to deny, there are many laws breakers, and many are getting away, even with murders. Killing, or committing homicide using any kind of weapons, including economic sanctions as weapon.


I like the way the government of Thein Sein in Myanmar make the “irresponsible persons into responsible citizens’. Very smooth and gentle, kind and sentimental.


There are three groups to act together, to cooperate or coordinate to have the rule of laws in any nation. The laws makers,, the law enforcers, and the law abiding citizens. The main requirement form these three must be, “ Corruption Free. Even we have all other Freedoms, if we don’t have our system Free of corruption. The rules of law is just a sentence. Nothing more than that.


How corrupt are these three, individually, or together. How corrupt are the law makers, how corrupt are the law enforcers, and how corrupt are the citizens.


‘The rule of laws’ can be anything. No law abiding citizen should talk about the rule of law. Nobody who is not prepare and ready to obey the law should talk about ‘ the rule of law’. To talk about the law, somebody should go to law schools or class, at least 4 years to learn the laws, the rules , the regulation and procedures.


Every citizen, should know the law, because the law gives you your freedom, the law gives you your right. If you don’t know the law, you should approach those who knows the law, who are trained people ( lawyers) . In case if you need one, in case if you cannot afford one, the government will appoint a lawyer for you to represent you. That is your right as well.


The rule of law is always in Myanmar. Some people do not like the rule of law. Some gives the impression that they love the rule of law, as if there is no rule of law. Yet when the law reach and touched them, they yield , they could not take it yet they are calling for the rule of law.


Some people stay away from the law. That may mean they don’t know the law. They become ignorant of the law. Where ignorant of the law is not an excuse. That is why you are to be represented by a lawyer, when needs be.


The laws are nothing but sense, common sense, written down within letters, When mankind had no written language, the memorised became customary laws, traditional laws . The law is the law in whichever form they may be.


There are some who are the law breakers, and the lawless people. Some make, breaking laws is their culture, breaking law is their professions. Some even believe and think that the laws are limiting there freedom, obstructions of the freedom. ‘Freedom’ means without the law. Most of them end up in the jails, and prisons, most of the time. Contrary to ‘the law gives you freedom. The law gibves you your rights”.


“The mistress of the rule of law”, namely Mrs Aris, broke the laws, urged and encouraged others to break the law. She and many ended up in jails and prisons. That was her miscalculation of the law of the land. For Mrs Aris, her own house is he Jail , her Prison. For others, away from their houses, and their families. So in fact she could not care, she does not care who breaks the law, who went into the prison, as long as she is OK outside.


‘Democracy and human rights’ may be everybody’s favourite, they have nothing to do with breaking the laws. Democracy and human rights do not allow to break the laws. Breaking the law is criminal acts, for the criminals, they will be dealt as criminals. Criminals are the violator of the human rights of other human.


The Government was very clever in Mrs Aris case. Knowingly she was acting above the law , the rule of laws, they turned her house into a special jail, or special prison for her with her own expense. She was the “first class prisoner”. That was very effective. She had to use her sense, common sense, she live within her own laws, her own disciplines for herself and those around her. She could do wherever she likes in her own jail house , rocking . If Government had to apply the rule of laws on her like ordinary common criminal, she should be charged, prosecuted, put her in real common prison. That will be costly. By chopping the head of the snake, is more cost effective.


The government of Than Shwe did not do anything to her, but to others. That included some Generals were stripped off, and sent to real jail houses, but not for rock n roll party. The government did not take actions against her the same as against others. May be Government wanted the people to know and see what kind of person she was. Of course, there are many different views on her.


One view is she may have come to realised, there are law breakers, and lawless people more than she had expected. She changed her tune to ‘ the rules of laws.’ In her own way, she was telling everybody, every citizen in the nation, to obey the laws, abide by the law. She was telling the government to let the laws rule. Reminding herself iof on;ly the laws have ruled, she should be in Insein or Mandalay, leftover old jails, which British build for Bamars Freedom Fighters.


How much of the laws she wanted to rule, maximum, minimum , she did not say. The laws should not be like a rubber strings, such as Cane , fine, prison, prison with hard labour, life sentence or death sentence. Pardon , release on good behaviour , release on parole etc. I don’t see they are the good laws. they are corrupt laws, with loop holes.


I have a very strong suspicion if Mrs Aris does know the law let alone the rule of laws at all. But I am not worried, because I know she has more than a lawyer, representing her who is an advisor to her in legal matters, what other maters he is advising her, who can tell.


Government used the word “ unwittingly” , because they did not want to say she is an ignorant. Jinphaw girl said to her boyfriend, “Kahn Go Chit Ying - Pe Bote Ko Le Chit Ya Me’ if you love me you must love my pickled beans. Something like ‘love me love my dog’. Because Aung San was loved, and Aung San is still being love, Aung San daughter has to be loved. That’s all there was.


The law is the law, you are innocent until you are proven guilty beyond reasonable doubts. How many of the juries know the law, who are expert in laws, to decide, a person is guilty or innocent. Lynching by mob, lynching by jury, that’s the difference. They both still exist.


Then again Government took Mrs Aris into the parliament through the make shift by elections, especially held for her, she is now in the parliament, may be ‘unwittingly’. To give her a chance to make laws at the same to obey the law, abide by the law, instead of asking, urging, the people to break the laws Parliament is the only place where they have to make laws for the nation, for everybody to obey, and abide by, including herself.


Before they make the laws for the nation, they have to make laws, rules,regulations,and procedures for themselves( Parliamentarians) to obey and abide by. or to protect themselves . Parliament is a larger jail house . From the beginning she has to obey all existing laws, and abide by them. The very first taste for her was the oath to take office, or to execute her duties as parliamentarian.


There are exemptions, inside the Parliament or outside the Parliament, why should a parliamentarian be exempted from some laws, or privileged. After all a Parliamentarian is a citizen. Nobody is above the laws, everybody is equal in the eyes of the law, isn’t it so?


The one who encouraged, who urged the people to break the laws, in her own way once has becomes a law maker herself, a law abiding citizen. Her obligation. She became, from being
‘irresponsible person’, and has become ‘responsible citizen’. She knows now, what a responsibility is, as a leader, or as a citizen.


Being,“ A Responsible Citizen’ is the beginning of the rule of law. You let the law rules over you. Making laws for the nation, for all citizens to abide by, is not easy. This is harder than breaking it. The law must not have any loop holes. But it has to be done, it must be done.


Being in the Parliament, she is picking up experience, may be learning a thing or two that she did not know earlier. This very experience make Mrs Aris more realised why they have to make laws, for the laws to rule. She will realised, the law is for the freedom, to protect Freedom, and to defend the Freedom. Mean time she will be realising what Freedom is. How to let the rule of laws will be applied to some unruly people, people in Myanmar.


FREEDOM, for Israelites, headed by Moses were freed from being slaves of Egyptians, Joshua as his military General took some lands from the six Arabs tribes by force, saying that is the land their God of Abraham promised.


FREEDOM for the slaves in United States of America, who were Negros, some called them Niggers were said to be freed from being slaves, when Abraham Lincoln, became President of USA. Lincoln was assassinated.


FREEDOM: The late Ko Aung San Freed all Myanmars from being colonial slaves of the British, Free the land of Myanmars from being British colony.


‘FREEDOM’ means free from being slaves in any form, Free from any form of bondages.


We Myanmars have two strong beliefs in Freedom. One Freedom is to be free from the ‘circle of life’ or to be totally Free from this life.


Another one is to be Politically, economically, socially Free in this life.


If you give up your hard earned Freedom, to be slaves again. There are others who do not want to be back to slaves. Thinking about others is in line with democracy, in line with human rights, remember that.


If you want to be slave, be yourself. but don't make others to become slaves.


Regards,


Thunderbolts.