Dear Fellow Bhutanese,
I am attaching the copy of correspondence received from our government in Australia regarding the issue of political detainees in Bhutan in reply to our appeal to the Prime Minister Julia Gillard on 2011 Human Rights Day. Sending this attachment, I wish to urge all fellow activists not to be discouraged and cowed down in continuing to raise and advocate on the issues of human rights, justice and peace in Bhutan. The Declaration on the Rights and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, adopted by UN General Assembly resolution 53/144, declares through Article 1 that "Everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels".
Even back in the autocratic France, Voltaire in 1764 bravely declared in his 'Dictionnaire Philosophique' that "We have a natural right to make use of our pens as of our tongue, at our peril, risk and hazard". Now, in the 21st Century, in the advanced and democratic countries there is no more 'peril, risk or hazard' to work for human rights, democracy and freedom. The fact that these countries (themselves) are strong advocates of freedom and democracy is shown by the recent visits of Hillary Clinton of US and David Cameroon of UK to Burma and their praise of Burmese political icon Aung Sang Suu Kyi for her continued campaign on freedom and justice.
Just because we are resettled in some countries, we need not forget the Bhutanese issue. Even as 'resettled' American, Canadian, Australian, etc, we can and should work constructively for justice, peace, human rights and democracy in Bhutan. When I was in Rabuna Prison (serving for life according to then Police Chief Tandin Dorji), Amnesty International (AI) worked for my release and for six other fellow-activists. After my freedom, I remain spirited by the work of AI and like to work in whatever small way possible to strive for the release of fellow prisoners still in incarceration. It will be an absolute selfish act to forget them. It is more selfish to forget over 80,000 Southern Bhutanese whose citizenship status is kept undecided and are vulnerable to eviction any time. As we are in safe and secure countries, it is our onus now to continue helping those who are deserving of help and for whom we are morally obliged to. Now that we are resettled in different countries, we can not be blamed of power play any more. Nevertheless, we should always act selflessly and responsibly in the interest of the voiceless and vulnerable in Bhutan. We should encourage and support anyone interested in working for this cause, but at the same time we should not listen to or be discouraged by those who tend to inhibit us from working for the cause under different pretext.
Talking on freedom of expression, Voltaire once said that "I may not agree with what you say, but I will fight to the death your right to say it". If both the parties, whether wishing to work for the Bhutanese cause or wishing to stay away, respect and live by the above saying of Voltaire, things would definitely move towards a better direction. Specially, when choices are available to us, each one of us should be allowed to make the choice sensibly and independently. To force someone to choice something not of their liking is an absolute encroachment on privacy and emotionally very offensive and grevious. To "Live and Let Live" in reciprocation is the best way out in the present open, democratic and civilized age.
ALWAYS,
Jogen
From: surengh@hotmail.com
To: bhutaneserefugee@googlegroups.com
Subject: RE: Protest in NY
Date: Fri, 13 Apr 2012 14:48:24 +0930
Mama
From: deodsharma@hotmail.com
To: bhutaneserefugee@googlegroups.com
Subject: RE: Protest in NY
Date: Fri, 13 Apr 2012 02:45:25 +0000
Yasma bujhnu parney jannu parney dherai kehi chhaina, bhanij. In the resettled country we have live the way fellow citizens do, following the terms of the country's Constitution and other laws. I have gone through USA's Constituion ond Bhutan's only. You will have to read your Constitution.
Resettled refugees are not supposed to react to their complain government's. In your resettlement country you cannot do following things, chiefly : -
1. From your resettlement country you cannot travel to your complain country (or it's borders) to participate in a protest activity there.
2. Your resettlement country will not serve as a favorable ground for you to fight against your country.
3. You cannot collect donations or train people in your resettlement country in order to cause agitations in your complain country. In refuge country peaceful mobilizations are permitted under international protocols.
As a legal resident of your resettlement country you can just humbly wait to return to desire country, if you want to, when the situations become favorable for you to return as desired.
Most importantly for you, Bhutan's Constitution does not allow you to do anything against Bhutan from your resettlement country. Bhutan's laws will be equally binding on you, as upon fellow citizens of your resettlement country. Bhutan government can get you arrested through state mechanisms in your resettlement country if you act against Tsawa-Sum. RGOB I guess has already fitted its links to work out its plans.
So, you have got to read the Constitutions, instead of me pointing you to a particular article, or clause. If you want me to interpret any provisions, i can do that for you.
Best regards.
D.
Subject: Re: Protest in NY
From: surengh@hotmail.com
Date: Thu, 12 Apr 2012 14:07:14 +0930
To: bhutaneserefugee@googlegroups.com
Suren
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Thank you for the mail. if I have gone through correct one available online in (PDF format), i could not find a word 'REFUGEE' in Australian Constitution nor in USA's. we might have to refer to other sources.
Mamaji you are again spreading completely false terror on bhutan's mechanism. A senior and highly esteemed person like you should not pass false information.
regards
Suren
From: deodsharma@hotmail.com
To: bhutaneserefugee@googlegroups.com
Subject: RE: Protest in NY
Date: Fri, 13 Apr 2012 02:45:25 +0000
Yasma bujhnu parney jannu parney dherai kehi chhaina, bhanij. In the resettled country we have live the way fellow citizens do, following the terms of the country's Constitution and other laws. I have gone through USA's Constituion ond Bhutan's only. You will have to read your Constitution.
Resettled refugees are not supposed to react to their complain government's. In your resettlement country you cannot do following things, chiefly : -
1. From your resettlement country you cannot travel to your complain country (or it's borders) to participate in a protest activity there.
2. Your resettlement country will not serve as a favorable ground for you to fight against your country.
3. You cannot collect donations or train people in your resettlement country in order to cause agitations in your complain country. In refuge country peaceful mobilizations are permitted under international protocols.
As a legal resident of your resettlement country you can just humbly wait to return to desire country, if you want to, when the situations become favorable for you to return as desired.
Most importantly for you, Bhutan's Constitution does not allow you to do anything against Bhutan from your resettlement country. Bhutan's laws will be equally binding on you, as upon fellow citizens of your resettlement country. Bhutan government can get you arrested through state mechanisms in your resettlement country if you act against Tsawa-Sum. RGOB I guess has already fitted its links to work out its plans.
So, you have got to read the Constitutions, instead of me pointing you to a particular article, or clause. If you want me to interpret any provisions, i can do that for you.
Best regards.
D.
Deo Sharma
Subject: Re: Protest in NY
From: surengh@hotmail.com
Date: Thu, 12 Apr 2012 14:07:14 +0930
To: bhutaneserefugee@googlegroups.com
Dear Deo Mama and TP Bhai
we are are also equally concerned and bit more now, on our limitation in raising our voice against RGOB from resettled countries. We would be thankful to Deo Mama if he could share genuine and legal statement to support his statement. The physical oppositions are not permissible from/in resettled countires. This practice remains banned in the resettler country so that the people will not create enmity between the two countries."
Else any sensitive and false legal issues shouldn't be circulated.
With regards
Suren
Adelaide
Deo dai,I am very concerned with the way you are trying to spread out fear (talking about non-existed laws of the land) regarding to what extend we can protest. And now you are referring to UN or UNHCR things instead of supporting your initial email. I had asked you very sincerely and positively to pass to the group some specific resources, which you failed to do.Please, please stop spreading "terror of fear" when you have no reliable source to support your says/logics. I respect your otherwise opinion, which is your right to expression. However, intention to spread out non-existed laws, regulations doesn't fall under 'right to expression'. They are either part of a felony or a crime.Thanks
Yes; this is a strong resource for you availing rights and obligations of a people when they are refugees. Next part will be the legal bindings which they have to abide by once they are on their voluntary will resettled in another country (outside of their counrty of refuge).
Best regards.
D.Deo Sharma
Subject: Re: Protest in NY
From: thakurmishra@yahoo.com
Date: Tue, 10 Apr 2012 23:06:55 -0400
To: bhutaneserefugee@googlegroups.com
Deo sir,Is this the answer to my previous question please? Or am I still expecting another email?Thanks
Let's do part by part. It would be better to know rights and ogligations of refugees first. I am afraid that we have a lot to read and possess. Going through International Covenant, 1966, or UNHCR Geneva Convention, 1949 etc. would not be sufficient. Article 15 - 20 of the Convention provides for the associations. It is better to read a comprehensive interpretation of the international laws. For this I recomment for you James C Hathaways interpretation. It is available in Public Libraries here in the US. The book is available for reading online as well. Please go to the Google search engine and type 'Rights of the Refugees under International Law', and then get to http://books.google.com/books/about/The_Rights_Of_Refugees_Under_Internation.html?id=a__2lMjXRn8C
It is a long page. If you scroll down you will find to read every international law matter relating to people when they are living as refugees away from home.
Best regards.
D.Deo Sharma
Subject: Re: Protest in NY
From: thakurmishra@yahoo.com
Date: Fri, 6 Apr 2012 23:17:13 -0400
To: bhutaneserefugee@googlegroups.com
Yes, actual, word, articles, etc --- will wait until next mail on what the US laws/provisions have to say, as you stated. Until that time, with your permission, let me consider your earlier email as personal opinion, not fact-based hai ta dai. Never mind though.
Thank you very much for this response, TP bhai. I guess you are not bothered very much by the mail. I am a good guy, who doesn't say bad things. If you give my mail a deeper look, you will learn that I have enough back up for my statements. If you are more curious about immigration issues in the US, please google some immigration settlements of the USA in the recent years. There has been numerous cases. When things are simple and moral, legal provisions can be kept aside for some other use. So, may be, I am trying to do that. If your focus is on the resettlement provisions, most of them are carried in the resettlement application form. Any ways, if you want me to point to the actual words and phrases, I will try to do it in the next mail.
Best regards.
D.Deo Sharma
Subject: Re: Protest in NY
From: thakurmishra@yahoo.com
Date: Fri, 6 Apr 2012 17:12:30 -0400
To: bhutaneserefugee@googlegroups.com
Deo dai,Personally I will consider most of these points self-creation until otherwise you have strong resources to pass it on to the group (articles of the constitution, links from govt-run websites, flyers, etc etc).I perhaps know that you (as a professional in the law firm--- don't know if you are into it in the US too) might have a sound knowledge on the field but please support all your points with some resources that you know of.Otherwise, plain points are just considered 'talk of the towns' until you say "I think ..... "Thanks
Hi everybody, how are you?
I am so glad that none went for the protest in NY. "Buddhi sultaa garnu parchha". To oppose the premier physically we have to go to Bhutan. He was not invited to the office or counrty in order to give us a chance to grab hold of him, and squeeze words out of him. There is a big limit to what we can do from the resettled countries/places. Refugees are allowed to form parties and launch oppositions agains concerned parties or governments only from the counrty where they are accepted as refugees and probvided a temporary/conditional settlement. They are allowed to fully advocate their cause from there.
The physical oppositions are not permissible from/in resettled countires. This practice remains banned in the resettler country so that the people will not create enmity between the two countries. The resettled refugees may return to their former country when they can, but they are expected to be peaceful when they are utilizing the resettlement.
Nepalma chhodiyeka - bideshyesh aayera saranaarthi samasyaa baata mukta huney abhilasha liyera basekaa haru laai haami ley baarambaar sochnu parchha. Let everyone be resettled, and pray hard that those who want to return to Bhutan may have a chance to return in times to come.
Best regards.
D.Deo Sharma
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