Saturday, 29 December 2018

The Writing is on The Wall..

Narendra Modi: One-term PM?

January 14, 2017, 4:58 PM IST  in Capital Letter | India | TOI
Gujarat is a small, relatively homogeneous state. Its people are entrepreneurial, focused on business and count their success in accumulated assets; not for them the glamour of a corporate career or the power of a government position. To them, government is somewhat ceremonial in the state and a complexity best avoided at the center. They want to just get on with it, providing for their families and future generations, with travel thrown in as a major diversion.
The Gujarati believes that governance with a light touch is best. For the first decade of its existence, the state government coasted along building assets: roads, power stations, factories, pleasant cities and not getting in the way of a thriving mercantile culture.
Things began to change with the decline of the textile industry, the backbone of Gujarat’s thriving economy. Politics began to dictate outcomes. The state was overwhelmed by civil disturbances including large-scale religious and caste riots. This set the stage for the populist Navnirman movement that gave way to the rabid bigotry of the BJP.
There are interesting coincidences surrounding the rise of the BJP in Gujarat and emigration from the state to the US. With the amendment of the US Immigration and Nationality Act in 1968 to allow relative petitions leading to permanent residence (green card) and citizenship, a veritable flood of middle-class people from Gujarat immigrated to the US through the 1970s. By the 1980s, they had established small businesses and begun to prosper.
Like most Gujaratis, the US cohort retained its insularity: not engaging with the host culture, refusing to blend in but especially remitting savings to families back home. Most of the money was transferred through informal channels. I can remember some people wanting to advertise in my India Tribune newspaper offering more rupees to the dollar and cash delivery to specified persons and addresses in Gujarat.
As the quantum of remittances in unreported cash grew, investible surpluses held by recipients also grew and were ploughed into real estate projects. An array of brokers and fixers emerged to facilitate such investments, usually by bending bylaws and circumventing other legal inconveniences. They became the forerunners of the BJP that came to dominate Gujarat politics, banishing the genteel idealists who served Gujarat since its formation.  In their place arose a horde of scofflaws and bigots to grasp at political power.
From these murky swamps emerged a man of overwhelmingly modest intelligence but with remarkable amounts of cunning, Narendra Modi. Starting out with the Kutch earthquake in January 2001, he successfully undermined the incumbent BJP chief minister Keshubhai Patel. Modi used the earthquake to promote himself as a development icon. In reality, he merely coasted on a global disaster relief effort that was mounted in the aftermath of the earthquake.
Right at the outset though, his claims to have created an industrial and infrastructural miracle in Kutch were challenged by Edward Simpson, a highly-regarded anthropologist from the School of Oriental and African Studies (SOAS). In his book, The Political Biography of an Earthquake: Aftermath and Amnesia in Gujarat, India, Simpson argued that not all the changes in Kutch following the earthquake were for the better, and that in the years following the quake, divisions between Hindus and Muslims in Kutch widened.
But with his headline management skills, Modi successfully staved off questions about his role in Kutch by focusing on the development story while stoking the communal fires. As he vaulted to the chief minister’s position after Patel’s ouster, Modi appeared to have crafted a winning election strategy in which the rhetoric was development but the actual organizational play was to polarize the electorate on an anti-Muslim platform.
The following year, 2002, he put it in play following the burning of the train in Godhra and asserted his dominance on Gujarat politics and on the BJP for the next 12 years without ever being challenged about outcomes and intent. Finally, it enabled him to vault to the Prime Minister’s office.
There was one crucial difference, however. As Gujarat chief minister Modi delivered both seats in the assembly and a large vote share. As Prime Minister, he chalked up the first single-party parliamentary majority in three decades but with just about 31 percent of votes. And that’s where the rub lies. Nearly 70 percent of the electorate did not vote for him. Consequently, the questions began to fly thick and fast from virtually the moment he became Prime Minister.
To avoid these questions, Modi took to what Ravish Kumar, the highly regarded anchor of NDTV India, called “eventocracy” facilitated by a “comedia.” Essentially, this meant remaining silent until the questions became persistent and shrill and then with the active collaboration of mainstream media, changing the subject to emotive issues like nationalism, patriotism, terrorism and Pakistan. Or else staging events like the BRICS summit, Madison Square Garden, Wembley or campaign rallies in which the melodrama quotient is insufferably high with quivering voice and tears in his eyes: “beat me first, I have taken on vested interests that will not rest until they have killed me, give me 50 days.” Also high in these rallies is abusive content and whataboutery in which he mocks, derides and rails at opponents.
Easily, the mother of all diversionary tactics was demonetization, his draconian assault on the monetary system. Everyone but the mainstream TV news channels could see the widespread pain it inflicted on the average person but especially the poor and rural populations. But Modi and his cohorts refused to acknowledge just how vindictive and arbitrary it was. They laughed at first, saying the people lined up in banks and at ATMs were black money hoarders. Then they changed the subject to digital payments, cashless economy, and surgical strikes on terror funding and counterfeit banknotes.
But the questions still persist. No amount of headline management and propaganda including suspect opinion polls and feel good stories in the media can change the facts about demonetization: it was a disastrous ploy that hurt virtually the entire population of India; it was an ill-conceived attempt to divert attentions from legitimate questions about the palpable lack of governance; it was a body blow to the economy that could take years to nurse back to health.
Clearly Modi has no answers about the black money cornered by his November 8 announcement; he has no idea of when a semblance of monetary stability will be restored. But he is campaigning for the upcoming state elections as though his life depends on it, cleverly bending the narrative to suggest he is leading a fight against black money, never mind that he has been accused of taking payoffs from a dubious business enterprise and is engaged in a Watergate-style cover up, using government agencies and arbitrary transfers of inconvenient officials.
By staging event after event, finessing the narrative propagated by the pliant and unquestioning media, he hopes to dodge accountability. Many believe though this time, the impact of his idiosyncratic manoeuvre is just too overwhelming. In Gujarat 2002, where his victims were, by and large, a minority; demonetization pits the wishes and hopes of more than a billion citizens against him. That’s why Modi is going to such lengths to convince selected audiences he has the support of the vast silent majority that has suffered because of the black economy.
Back in the real world, many economists are predicting a massive deflation led by huge drops in employment, in investment, in trade. The GDP is expected to plummet to the original Hindu rate of growth.
The countdown begins now; at stake is whether people will be swayed by his fantasies or hold him responsible for the massive damage demonetization has perpetrated on the nation. The way things are going, he could be a one-term prime minister. But there’s no telling what other knee-jerk options he could pull out of his bag of amoral cunning.
DISCLAIMER : Views expressed above are the author's own.

AUTHOR

Rajiv Desai Rajiv Desai
Rajiv Desai writes about change; he casts a critical eye on cities, politics, eco-nomics, travel, lifestyle and especially dogma. His assessments of foreign affairs, economic policy and urban development, made in the 1980s and 1990s, are part of the prevailing wisdom today. He was an advocate of Indo-US friendship, liberal market economics and enlightened civic governance at a time when Soviet-inspired socialism was the norm. 

Major newspapers in India and the United States have published Mr Desai’s pieces. These include The Wall Street Journal, Chicago Tribune, The Times of India and The Economic Times. A frequent commentator on television news programs, he has appeared on BBC, CNBC, NDTV and other channels. His 1999 book, Indian Business Culture (Butterworth-Heinemann, Oxford, UK), won plaudits with one reviewer terming it, “a high-level discussion of economic policy.” 

Mr Desai holds a Master of Science degree in Journalism and a Master of Arts in Political Science

Thursday, 27 December 2018

What makes a 56year old guy take his 66 year old wheelchair bound special needs sister along with him to a police station at 2 am on a winter night?


https://shaktish.blogspot.com/2018/02/remembering-special-valentinethree.html?m=1


What makes a 56 year old guy take his 66 year old wheelchair bound  special needs sister along with him to a police station at 2 am on a winter night?

This is what I precisely did on Wednesday 26fh December 2018.

The harassment and mental torture caused to me and my sister Rukaiya who is multichallenged special needs senior citizen is immense due to the falsity, duplicity and malafide intent of one Mr.Imran Shaikh.

On 17th November 2018 I took my CQ40 hp laptop to one Mr Imran Shaikh  running a small repair shop from a cubby hole in #AtlanticHouse on #LamingtonRoad #Mumbai.

(He had earlier put a new keyboard and done other work on my laptop some months ago)

As soon as he connected the laptop his first words were it's not starting. As the laptop came on and windows loaded I told him - It's on and it's working. It works only when the adaptor is connected.  The battery does not charge But I work on it for a couple of hours, I told him. He did not seem very happy about it

Just then Microsoft flashed a message   suggesting changing the battery. He immediately said change the battery. I asked him where nearby would the battery be available. Any shop - he said. I also told him the DVD drive was not working fully. Only MP3 format could be played. He said repairing costs of the DVD drive would be heavy and suggested I buy a new one.

I went to #MAXITWorld, a shop a few metres away The new battery and the unboxed #Lenovo external drive were bought under the supervision of my repairman Mr Imran Shaikh.

However when the MAX IT shop people put the laptop on with the new battery in it, it still showed the same message, since the new battery also wouldn't charge. But Windows opened and the laptop was working.

The new battery purchase was cancelled. However I did buy the Lenovo external DVD drive.

 I went back to Imran Shaikh. I was happy for the new acquisition the Lenovo external CD drive. But seemingly, Imran was not. He was his same morose self, as I asked him to suggest what I should do now.  He told me you should ask the person from whom you had purchased the battery more than a year ago.

Since it was quite late and sister Rukaiya was getting restless, we came home. I put on the laptop and connected the new external Lenovo DVD drive. I was worried about the drivers, but Windows automatically installed them. I tested a film DVD and it worked fine.

"Imran had seen the laptop working fine; the battery was not charging.

**So also the MAX IT World shop owners/employees had seen the laptop working

***I had bought a unboxed external DVD drive for the laptop.

These things need to be kept in mind for the events that took place the next day and for the next almost six weeks thereafter.

THE NEXT DAY - 18th November 2018

As suggested by Imran -the repairman, the next day 18th November 2018, sister in tow,  I went to look for the person I had bought the laptop battery from, several months ago. I only knew he was on the first floor of a building opposite the #DBMargLamington RoadPolice Stn.and that he also repaired laptops.

I kept on asking shopkeepers on the ground floor if there was any laptop repairing being done on the first floor of each building in that row. I must have climbed and searched  3-4 buildings, but did not find him. I was a little disappointed. What should I do next?

I remembered once earlier there had been a problem with my power cord and my friend #Vinayak who has a shop on the road outside #AlanticHouse, had suggested I should change it. So I asked one of the road stall owners Mr. #Subhash for it. We fixed the new power cord to the adaptor, but still the result was the same. The laptop started, but the battery would not charge and the same system message flashed suggesting replacement of the battery. Despite this I bought the new power cord paying Rs 100/- for it to #Subhash

I crossed the road to Vinayak, my friend and stall owner outside Atlantic House and told him  about it. He told me you can ask Imran if he can repair it, but he won't do it immediately. You'd have to leave the laptop with him.

I went in to Imran's repair shop and asked him if he could resolve the laptop battery non-charging issue. He said he would try, as he took the laptop, but most importantly refused the new power cord and adaptor which I offered to him. He took my short signature on two or three places on the laptop including the keyboard.  He asked me to call and enquire about the status of the laptop.

* The laptop was working when I bought and tested the new power cord from Subhash.

**I crossed the road and minutes later I handed over the laptop to Imran.

*** Imran the repairman, refused the power cord and adaptor I offered to him alongwith the laptop.

These points need to be kept in mind to understand fully and correctly the traumatic, stressful and tortuous events that followed thereafter.

THEREAFTER
Then followed evasiveness, false accusations, spreading lies causing immense stress and mental torture and harassment and physical hardship to me and my wheel chair bound 66 year old handicapped sister, who needs supervision and escorting 24x7.

I called and went to Imran  shop (which incidentally is rented out to Imran by my friend Vinayak) several times over the next four  weeks or so. Most of the times taxis would refuse us and I had to with great difficulty push Rukaiya's​ broken wheel chair safely from home - Haji Ali Government colony to Lamington Road passing through the rough, dugup road ( #MumbaiMetro excavations ) after turning right from Navjivan Society.

{I may add that the #OrevaEbike on which I used to transport Rukaiya, a scooter converted to a handicapped vehicle, has been lying standstill for want of new batteries which cost about ₹13,000, since the past eighteen months or so.}

At first Imran would say he hadn't taken up the work of the laptop in hand yet, then saying that the laptop was not starting and then further suggesting and making veiled accusations that I had shown the laptop to some other repairer after my first visit to him on 17th November 2018. An utterly baseless and false accusation which he has been spreading around.

Sometimes Rukaiya in her wheelchair would be waiting a long time on the footpath of Atlantic House building entrance and the shopkeepers there would complain that she stops passers-by and we have to keep answering them. I told them she cannot be left alone at home, to which one shopkeeper even said - Put up a board on her wheelchair saying "Please Ignore"

The harassment, mental torture and physical hardship reached a break point about 17 days ago. I was at Imran's shop and hewas attending another customer and being evasive once again. I came out and found my steps heading towards #DBMargPoliceStation. I did not want to lodge a complaint so without taking any names I explained the whole problem to the police inspectors on-duty asking them for suggestions on what I should do, after​ I had finished my story. The police were symp athetic and said it's your word against his word. How can one say who is speaking the truth? But then the police official softened his tone and told me - instead of asking us, you ask him (Imran) what he suggests.

So I went to Imran and accordingly asked him. Imran said he would repair the laptop and restore it as it was I.e. have it working (without attending the battery non-charging issue) after three days, on Monday i.e.10th December 2018. But he once again started being evasive when I called him saying there is a problem with this and that. I then told him I don't understand what you are saying, I just know that you had agreed to give the laptop back as it was on Monday. Whereupon he again evaded answering by saying he was doing work and would call me. But Imran's call never came. I tried many times to go to his shop but my sister Rukaiya's special needs and demands prevented me.

Night of 25th / 26th December

Rukaiya keeps irregular hours, keeps awake most of the night and asks me to take her out late in the night. And she did just that even on 25th December night. We were at Haji Ali and on an impulse I decided to go to #DBMargPoliceStation. I explained my situation and the details of my "Laptop Case". The lady Senior police inspector incharge listened patiently and suggested that I go to the #ConsumerCourt.

Christmas Day was over and it was 2.00 am Wednesday, 26th December 2018

Just then a very Senior Police Officer arrived and started inspecting the police log book. He also asked the lady Senior inspector what was our issue when he saw us standing outside

We were called inside and the details were noted down. No complaint was filed. I also stated that illegal/unauthorised access was repeatedly done in our house (I have complained to #TardeoPoliceStation and there was evidence that the desktop computer and laptop were tampered with and accessed and even a fake Facebook​ account of my sister Rukaiya was created from this laptop. The lady Sr.Police Inspector incharge, advised us to put our complaint in writing.

The above account/post maybe treated as an FIR and accordingly taken cognisance of and acted upon  #SeniorInspectorInCharge #DBMargPoliceStation

My sister is a #Woman, a #SeniorCitizen and individual aged 66 years #PersonWithDisabilities. Alongwith me she has had to suffer great hardship due to the actions/inaction of #ImranShaikh and other persons like him.

Last but not the least why would someone want to break into our house? No valuables. It is one more question that needs answering.

#CommissionerOfPoliceMumbaiPolice
#AnilDevli #NitinTakane
#SanjuktaSharma
#DhananjayTalgeri
#MelchiadesDias
#YvonneNelson
#SeemaBabarKhan
#GPandrangRow
#RoyWadia
#DevikaIrani
#AranaKausar
#ShamunVirpurwala
#RafikaGandhi
#DrShabbirVirpurwala

SOS !!!
Rukaiya cannot be left alone. If left alone she tries to move about without support and ends up injuring herself grievously. So help is needed on this immediately.


Saturday, 8 December 2018

It's Struggle Time



From this month onward I have refused to accept the rs 4000 (cheque) + rs 1000 cash from my sister RAFIKA GANDHI and her hubby Iqbal GANDHI. From January 2019 I shall not be accepting the amounts I receive from brothers Shamun Virpurwala and Dr Shabbir Virpurwala.

This is done due to their failure to share in the responsibility towards our special needs sister Rukaiya who is now 66 years old, bonafide handicapped person with a history of spasticity and who is under my care and supervision, since several decades  and exclusively cared for and supervised 24x7 after our mother's death in August 2012.

I had asked my siblings to at least arrange for a domestic help for cleaning the house and utensils in the first week of July 2018 giving them sufficient time - UpTo 30th August 2018 to make arrangement for the required domestic help. However ,  they failed to do so.

Sister RAFIKA says she has been  telling everyone but no one has come forward to take up the part-time assignment. Whilst eldest brother Shamun also expressed in ability to find one and was awed by a one time full housecleaning charge of Rs 2500 (1day) by professional cleaners 
Dr Shabbir our other brother is head of dental Dept at Saifee Hospital and also private practice in Fort, Mumbai has been aloof and did not participate in this discussion.or any other.

After 30th August deadline passed and it was seen that I did not take any retaliatory action, the powers that be, who control our lives, both mine and Rukaiya's through controlling our minds with what I have called "cerebral engineering", became merciless and started 'programming' my mind to do all kinds of household cleaning to the point of exhaustion, pain and injury. It was this mental exploitation and torture which made me leave Hajiali and go to our native places - Godhra and Lunavada.  There, once I relayed our plight, I was asked if this mental torture was due to the Marathi community, I replied that I do not know.

We came back from Godhra in October first week  hoping that our just requirements  would be fulfilled.

But that was not to be. The Mind control/Cerebral engineering activities continued albeit in a subtle manner and there were still no signs of an house maid.

So I decided to adopt the Japanese way. of protesting  -not to accept money yet continue to do all 'programming'' resulting activities.

I told my sister RAFIKA GANDHI, it was enough that 'cerebral engineering' was being done to make me do work in our house by whosoever, why should you pay for it.

Maybe the
money given monthly by the siblings, now saved, will enable them to arrange for paid housecleaning professionals as a small part of fulfilling their duties towards their 66 year oldh  handicapped sister and 56 year old younger brother who has been taking care of her exclusively for the past seven years 24x7

Friday, 23 November 2018

What is "Copyright"?




What is "Copyright"?

Which types of work are subject to copyright?

Copyright ownership gives the owner the exclusive right to use the work, with some exceptions. When a person creates an original work, fixed in a tangible medium, he or she automatically owns copyright to the work.
Many types of works are eligible for copyright protection, for example:
  • Audiovisual works, such as TV shows, movies, and online videos
  • Sound recordings and musical compositions
  • Written works, such as lectures, articles, books, and musical compositions
  • Visual works, such as paintings, posters, and advertisements
  • Video games and computer software
  • Dramatic works, such as plays and musicals
The Copyright Office has information online, and you can check with a lawyer if you want to know more.

Is it possible to use a copyright-protected work without infringing?

Yes, in some circumstances, it is possible to use a copyright-protected work without infringing the owner’s copyright. For more about this, you may wish to learn about fair use. It is important to note that your content can be removed in response to a claim of copyright infringement, even if you have...
  • Given credit to the copyright owner
  • Refrained from monetizing the infringing content
  • Charged for a copy of the content in question
  • Noticed similar content that appear elsewhere on the internet
  • Purchased the content including a hard or digital copy
  • Recorded the content yourself from TV, a movie theater, or the radio
  • Copied the content yourself from a textbook, a movie poster or photograph
  • Stated that “no copyright infringement is intended”
Some content creators choose to make their work available for reuse with certain requirements. For more about this, you may wish to learn about the Creative Commons license.

Can Google determine copyright ownership?

No. Google isn’t able to mediate rights ownership disputes. When we receive a complete and valid takedown notice, we remove the content as the law requires. When we receive a valid counter notification we forward it to the person who requested the removal. If there is still a dispute it’s up to the parties involved to resolve the issue in court.

What is the difference between copyright and trademark? What about patents?

Copyright is just one form of intellectual property. It is not the same as trademark, which protects brand names, mottos, logos, and other source identifiers from being used by others for certain purposes. It is also different from patent law, which protects inventions.

What is the difference between copyright and privacy?

Just because you appear in a video, image or audio recording does not mean you own the copyright to it. For example, if your friend took a picture of you, she would own the copyright to the image that she took. If your friend, or someone else, uploaded a video, image or recording of you without your permission, and you feel it violates your privacy or safety, you may wish to file a privacy complaint.

Copyright Infringement Notification Requirements

The easiest way to file a complaint is to use our legal troubleshooter.
Copyright notifications must include the following elements. Without this information, we will be unable to take action on your request:
1. Your contact information
You’ll need to provide information that will allow us to contact you regarding your complaint, such as an email address, physical address or telephone number.
2. A description of your work that you believe has been infringed
In your complaint, be sure to clearly and completely describe the copyrighted content you are seeking to protect. If multiple copyrighted works are covered in your complaint, the law allows a representative list of such works.
3. Each allegedly infringing URL
Your complaint must contain the specific URL of the content you believe infringes your rights, or we will be unable to locate it. General information about the location of the content is not adequate. Please include the URL(s) of the exact content at issue.
4. You must agree too and affirm both of the following statements:
  • “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
  • And
  • “The information in this notification is accurate and I swear, under penalty of perjury, that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
5. Your signature
Complete complaints require the physical or electronic signature of the copyright owner or a representative authorized to act on their behalf. To satisfy this requirement, you may type your full legal name to act as your signature at the bottom of your complaint.
English‎

Tuesday, 18 September 2018

Marzuki Darusman Statement On Rohingyasm





Statement by Mr. Marzuki DARUSMAN, Chairperson of the Independent International Fact-Finding Mission on Myanmar, at the 39th session of the Human Rights Council

18 September 2018
Agenda Item 4
Geneva, 18 September 2018
Mr. President, Distinguished Delegates, Ladies and Gentlemen,
In March 2017, the Human Rights Council decided that “the facts and circumstances of recent allegations of human rights violations and abuses in Myanmar, in particular in Rakhine State...” must be established. It entrusted Ms. Radhika Coomaraswamy, Mr. Christopher Sidoti and myself with this task. Focusing on the States of Kachin, Rakhine and Shan, where reports of serious human rights violations indicated that special attention was warranted, we chose 2011 as our starting point. At our first update to this Council, we pledged to you that we would go where the evidence leads us, and that is what we have done.
As soon as the Mission was constituted and met for the first time, the west of Myanmar literally went up in flames. It is difficult to convey the horrific attacks launched on 25 August 2017 against the Rohingya people in Rakhine State, leading to a mass exodus of three-quarters of a million people to neighbouring Bangladesh, deaths of at least 10,000 people, and the destruction of over 37,000 Rohingya homes and structures. We visited Cox’s Bazar at the start of our work, just after the exodus began, and again last July to bring you today the most updated information we could.
Our team met with hundreds of refugees. We also met with many who had fled previous rounds of violence from Rakhine and elsewhere. We reached out to them in Bangladesh, Indonesia, Malaysia, Thailand and the United Kingdom. We consulted independent researchers and experts from inter-governmental and non-governmental organizations. We invited the public to share information with us through a call for submissions. We checked our information against authenticated satellite images, photos and videos. Following established methodologies and United Nations best practices for human rights fact-finding missions, we amassed and analysed a huge volume of information. It soon became apparent that we were facing a human rights catastrophe.
With a heavy heart and deep sadness we have drawn conclusions, on the basis of the facts, that we never expected would be as grave as they are. What we have found are not only the most serious human rights violations, but crimes of the highest order under international law.
We present to you today our official report (A/HRC/39/64), along with our full detailed report (A/HRC/39/CRP.2) that together set out how we arrived at our conclusions.
Mr. President,
At the core of every incident and every human rights violation we examined was the extreme brutality of the Myanmar military (known as the Tatmadaw). The facts indicate that its operations are consistently and grossly disproportionate to any discernible military objective. It enforces a vision of a Bamar-Buddhist nation that dominates the other 135 officially recognized ethnic minority groups, in which the Rohingya have no place. Moreover, it has no incentives to work towards peace or to respect human rights. This lies at the root of Myanmar’s human rights problems, which have been documented for decades.
We have verified the destruction resulting from Tatmadaw operations in numerous sites across the three States. From that, we reconstructed in detail the unfolding of events in nine specific incidents in Rakhine State in the weeks after 25 August last. We have also looked in detail at emblematic events in Kachin and Shan States. Analyzing this vast information allowed us to examine the human rights consequences of Tatmadaw operations.
Mr. President,
It is hard to fathom the level of brutality of Tatmadaw operations, its total disregard for civilian life. As I do not have the words to explain it, I invite everyone here to judge for yourself.
The village Min Gyi (also known by its Rohingya name of Tula Toli) is etched in my mind. On the morning of 30 August 2017, Tatmadaw soldiers, including the 99th Light Infantry Division, accompanied by armed ethnic Rakhine and other ethnic minorities, descended on this Rohingya village, which is bordered on three sides by a river. Without notice, Tatmadaw soldiers entered by land, opening fire and burning houses.
As villagers fled in the opposite direction, soldiers fired directly on people trapped between themselves and the riverbank. Many people were shot and killed then and there, including many who attempted to swim across the river. Those who could not escape were rounded up and separated by sex. The men were systematically killed. Children were shot, thrown into the river or onto a fire.
The women and girls were taken in groups of five to seven to the larger houses in the village, where their jewellery was taken from them, beaten, and viciously raped. Many were stabbed and killed, along with the small children who were with them. The houses were then locked and set on fire with petrol brought by Tatmadaw helicopters
The destruction was complete. All the Rohingya houses and structures in Min Gyi were burned to ashes. All its inhabitants fled or were killed. Lists carefully compiled by Rohingya community volunteers in the refugee camps suggests that approximately 750 men, women and children died that day. This included people from our villages who had sought sanctuary in Min Gyi.
These facts were recounted to us by dozens of survivors, verified through satellite imagery and corroborated with experts and other investigators. They are supported by the scars, injuries and profound trauma of the victims. All the interviewees identified Tatmadaw soldiers as the main perpetrators.
This was not an incident of spontaneous inter-communal violence. The killing of civilians of all ages, including babies, cannot be argued to be a counter-terrorism measure. There can be no military imperative to rape women and girls or to burn people alive. It was a well planned, deliberate attack on a specific civilian population.
By examining such incidents in a number of villages, we traced remarkably consistent practices, to the point where we can confidently state that they are central to Tatmadaw operations. In every incident we examined, we observed a total disregard for civilian life and property or, even worse, the specific targeting of civilians. In the northern Myanmar States of Shan and Kachin, civilian populations that share the same ethnicity as an armed group are often targeted for that reason alone.
Another feature of Tatmadaw operations is sexual violence. Its scale, cruelty and systematic nature reveal beyond doubt that rape is used as a tactic of war. During the 2016 and 2017 clearance operations, 80% of rape survivors who were interviewed by the Fact-Finding Mission said they had been gang raped, and of those, over 40% were subjected to mass gang rape.  Many women and girls were physically and mentally tortured while being raped - including being so severely bitten that it left permanent scars - it is difficult to believe that this was not an intentional act and akin to a form of branding.  Women and girls were also systematically abducted, detained and raped in military compounds frequently amounting to sexual slavery. Many were killed after being raped. In Kachin and Shan state, women and girls, are commonly abducted for forced labour and raped while detained.
Underlying such atrocities is the pervasive exclusionary and discriminatory rhetoric – and actions – targeting ethnic and religious minorities. For instance, we have received credible accounts that over 200 churches have been attacked, ransacked or destroyed since June 2011 in Kachin and Shan States.
In the case of the Rohingya, much of the animosity is attributed to historical reasons. The facts, however, indicate that there is more at play. Historical animosities do not explain the generally amicable relations prior to 2012 between ordinary Rohingya and ethnic Rakhine, who together comprise the majority of the population of Rakhine State. Relations deteriorated quickly that year, after hate speech against the Rohingya became more threatening, more vulgar and more pervasive. It was encouraged by the authorities, both civilian and military. It has only become worse since then, particularly since social media began to take root in Myanmar in 2015.
A particular dimension of hate speech specific to the Rohingya is the emphasis on their not belonging in Myanmar. They are commonly denigrated as “illegal immigrants”, “Bengalis”, and “kalar”, which means “dark” or “dark-skinned”, another term that denotes foreignness. Arbitrarily deprived of their citizenship, the Rohingya are now de facto stateless. Soon after the attacks of 2017, soldiers were boasting on Facebook of having finally had the chance to kill “kalar”.
The general public is relentlessly exposed to such hate speech, as well as misinformation from the authorities. It is alarming. Such hateful messages are taught in the religious schools and the military academy, and are transmitted through traditional media and, particularly, social media. Thus, if the reality is perceived differently inside Myanmar than outside, there is good reason for it.
This poisonous environment allows the Tatmadaw to maintain its self-proclaimed role as the “protector of the nation”. Particularly during the last few years when it appeared that the process of democratization could have diminished its role, the Tatmadaw actively shored up its dominance by promoting the vision of a Bamar-Buddhist identity of the nation, unilaterally breaking ceasefires, and portraying the Rohingya as an existential threat.
The result for the Rohingya is that they are persecuted, from birth to death. Restrictions severely curtail their ability to earn a livelihood, to access health care and education, and to marry and have children, to take but a few examples. In addition, the authorities impose severe movement and other restrictions on all manner of daily life activities by the Rohingya, so that simply feeding one’s family is immensely difficult. These restrictions have intensified since last year, and are the reasons behind the continuing flow of people to Bangladesh today.
These are the situation in which the remaining Rohingya are living. We take the occasion to emphasize that the same system of persecution would await any Rohingya who return. As in Min Gyi, all villages that were cleared this way have been completely destroyed. They were burned to the ground, then bulldozed and appropriated. Neither the state of the physical environment nor discriminatory system allow for safe, dignified and voluntary repatriation of Rohingya to Myanmar at this time. There must be no repatriation without concrete human rights guarantees, including citizenship. In the meantime unimpeded international humanitarian access must be ensured for the remaining Rohingya community in Myanmar and other repressed ethnic groups such as the Kachin and Shan.
Mr. President,
The reality is that there is no law and no institution in Myanmar that is above the Tatmadaw. Its supremacy is guaranteed in the Constitution. As such, it enjoys complete impunity for its actions. This must change.
Along with a detailed presentation of its command structure, our report demonstrates that the Tatmadaw exercises effective control over its troops, as well as over other security forces deployed in military operations, such as the Myanmar Police Force and the Border Guard Police. In Rakhine, it also mobilised and armed “civilian” militia that acted under its authority. In some places, the operations involved coordinated actions by the Army, Navy and Air Force, which could not have been possible without the explicit orders from the highest level of Tatmadaw command.
Our analysis leads us to conclude, on reasonable grounds, that in Kachin, Rakhine and Shan States, the underlying acts of crimes against humanity have been committed, including: murder; enslavement; forcible transfer of a population; rape, sexual slavery and sexual violence; imprisonment, torture and enforced disappearance; and persecution. These acts were committed as part of a widespread or systematic attack directed at civilian populations.
In Rakhine State, we have reasonable grounds to conclude that, in addition to all this, the Rohingya may also be victims of the crime of apartheid. Ethnic Rakhine also suffered grave human rights violations. They may cross the threshold of crimes against humanity, but this requires further investigation.
With respect to war crimes, we consider that non-international armed conflicts existed in Kachin and Shan States for the entire period under review and in Rakhine State since August 2017. As such, much of the conduct that amounts to crimes against humanity on the part of the Tatmadaw and other security forces will also satisfy the criteria for war crimes. Certain acts committed by ethnic armed organizations may also constitute war crimes.
In the case of the Rohingya, we have considered the facts as we have found them in the light of the definition of genocide in international law. We have concluded that the Rohingya constitute a protected group, that the acts of the Tatmadaw and other security forces fall within four of the five categories of genocidal acts and, finally, that all the circumstances are such as to warrant an inference of genocidal intent. I refer you to our full report for the extensive analysis that led us to these conclusions.
In our report, we name six individuals with control over the operations during which these acts have been committed. The list is headed by Tatmadaw Commander-in-Chief, Senior-General Min Aung Hlaing, who has been at the helm of the Tatmadaw since 2011, throughout our reporting period. He and the others we identified must be investigated and prosecuted.
Other alleged perpetrators are named in a longer, non-exhaustive list that the Fact-Finding Mission will store in our archives. That list will be kept in the custody of the High Commissioner for Human Rights, to be shared with any competent and credible body pursuing accountability in line with international standards.
Normally, one would turn to one’s national justice system for remedy. Let us be clear here: any hope that Myanmar’s national justice system will provide justice and truth for human rights violations committed by the military would be unfounded. The provisions of Myanmar law, the structure of the legal system and the judiciary’s lack of independence and legal competence make that impossible. Far from uncovering the truth, Myanmar’s domestic justice system will, on the contrary, punish those who seek it.
Similarly, the many domestic investigations undertaken into allegations of the most serious human rights violations have lacked independence, impartiality and rigour, without exception. There have already been eight ineffective inquiries into the situation in Rakhine State alone since 2012 and now the Government has appointed a ninth. The members of the new Commission of Enquiry said that its purpose is to combat the “false narratives of the international community”. Currently, the civilian government and the Tatmadaw are allegedly pressuring Karen leaders and people to denounce our report. It is simply not the truth that the authorities seek
The impetus for accountability must therefore come from the international community. The Fact-Finding Mission recommends a five-point framework for accountability.
First, there should be an international judicial mechanism to try Myanmar’s top generals, and others who bear the greatest responsibility, for genocide, crimes against humanity and war crimes. The Security Council should refer Myanmar to the International Criminal Court or establish a special ad hoc tribunal on Myanmar. In this regard, we welcome the decision of the Pre-Trial Chamber of the International Criminal Court that the Court has jurisdiction over the crime of the forced deportation of the Rohingya to Bangladesh. We stress, however, that this decision allows for only a limited set of crimes relating to only one small part of the country to be tried by the Court. It makes little sense to deal with Myanmar on such a very limited basis when the situation in the whole country cries out for justice. The Security Council can remedy that deficiency. Indeed, it has the responsibility to do so.
Second, there should be an independent mechanism to conduct criminal investigations and prepare for prosecutions, until a judicial tribunal has jurisdiction. Such a mechanism should be established by the General Assembly or the Human Rights Council.
Third, there should be a properly resourced office within OHCHR to support the work of the High Commissioner and the Special Rapporteur in monitoring and reporting on human rights in Myanmar. OHCHR should also provide technical assistance.
Fourth, we recommend the establishment of a trust fund to address the needs of victims, including through psychosocial support, livelihood support, legal aid and other services.
Fifth, there should be a short-term mechanism, until the preparatory mechanism and the OHCHR office are operational, to ensure that there is no gap between the completion of our work and commencement of theirs. We stress that the Tatmadaw today continues to employ the terror tactics that we have presented and thus the need for fact-finding continues.
Mr. President,
Democracy requires a government that accepts scrutiny. It depends on leadership that actively combats hate speech and harmful misinformation. It requires a legal framework that guarantees these rights for all, without discrimination.
In this regard, the democratic transition in Myanmar had barely begun and now it has come to a standstill. Repressive laws are being used to silence those that seek to scrutinize. We have verified instances of reprisals against individuals for sharing information with the United Nations. Peaceful protests are blocked, sometimes violently, as occurred in the village of Mrauk-U. While voices critical of the Government are muted by threats and arrest, hate speech is thriving, particularly against the Rohingya. Patience will not help Myanmar’s democratization, it will only help those that seek to derail it, as it has for over 70 years.
This is the context in which we have undertaken our work. We have invested our deep, personal dedication, because we believe that Myanmar can change course and that establishing the facts is the first step. The victims have the right to the truth, and so do the people of Myanmar as a whole.
We would have wished to discuss our work with the authorities. We regret that the Government of Myanmar chose not to cooperate with us.
However, we have full confidence in our findings, which are based on a solid body of credible information gathered over an intensive year of work. What we found are crimes that shock the human conscience. We now turn to you, the distinguished members of the Council, to take actions commensurate with the gravity of the facts that we have presented.
Thank you for your attention.


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