Protecting Refugees

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    ACKNOWLEDGEMENTSACKNOWLEDGEMENTS

    I would like to thank Aung Myo Min, director of Human Rights Education Institute of Burma (HREIB)

    for his invaluable insight and suggestions. I am indebted to Maung Hla, chairperson of Burma Refugee

    Organization (Malayasia), Blogger Demowaiyen, Blogger Kamikaze, and book designer Goldninjar (GNJ) for

    their support and assistance with the publication of this book. Moreover, I owe gratitude to the Venerable

    Ashin Issariya, a leader of All Burma Monks Alliance (ABMA), to Mum Carol, and to Garrett Kostin, manager

    of The Best Friend Library - Chiang Mai, for their activities and special attention to Burmese refugees and

    Burma issues. Finally, I wish to record in my mind and book my gratitude to Myo Thein, Director of Burma

    Democratic Concern (BDC), as well as many other friends and colleagues.

    Blogger AlinsekBlogger Alinsek8.June.2010

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    PrefacePreface

    There are people and organizations that assertand perhaps even believethat becauseethnic-Burmese Buddhists are the majority population of Burma, they therefore do not suffer oppressionor injustice at the hands of the military government of that country. This, however, is a tragic misconcep-

    tion that adversely affects the lives of tens of thousands of asylum-seekers in Malaysia, and indeedmillions of Burmese in their own country.

    While the UNHCR does extremely admirable work protecting scores of victims of violence andabuse around the world, it is alarming that a blind eye and an unsympathetic ear seemed to be turned towardsthe plethora of research, documentation, and personal testimonials indicating that abuse of, and disregard for,human rights against all people in Burma has been systematic and endemic for decades. It is in hopes ofredressing this situation that this book appears.

    Burma is one of the least ethnically-homogenous countries in the world. Just a few of the differentgroups include the Kachin, Karenni, Karen, Chin, Burmese (Burman), Mon, Arakan, and Shan. One could arguethat certain groups face more rights abuses than others, but is this a distinction that we should even need

    to make? The reality is that all Burmese peopleethnic Burmans and those of other ethnicitieshave beensuffering under the repression of the military dictatorship for many decades. Likewise, all are deserving ofrefuge, protection, and asylum from persecution, as asserted by the Universal Declaration of Human Rights.

    In the absence of ofcial protection of all refuge-seekers from Burma, this book aims to provideknowledge to victims of discrimination and oppression so that they may be better able to defend and protectthemselves. It is my personal desire that this collection of information, essays, and poetry will also encourageoptimism and empowerment in readers.

    The author of this collection knows of the issues addressed here rst-hand. As a politically-activeand irrepressible free-thinker, the ruling Burmese military regime would consider him one of their biggestenemies, and a threat to their continued hold on power. His living outside of Burma is imperative if he is to

    continue his reporting on Burma and his work seeking to help all people of Burma, as well as have a chanceat ensuring his personal safety. Because of this, and because his situation is not at all unique among Burmeseexiles and migrants, the UNHCR owes all Burmese asylum-seekers an equal chance to lead a life of dignity andsafety, regardless of their ethnicity or religion.

    I rst met Alinsek last year when I needed suggestions and assistance to set up a new branch ofa Burmese library and information center in Chiang Mai, Thailand. His energy, knowledge, and sharp, powerfulthinking skills impressed me immediately. I am honored to be able to continue our working partnership, and tohave been asked to write the preface for this collection. Alinsek knows exactly what he wants for the future ofBurma (peace, democracy, and freedom from oppression), what hes doing (working tirelessly and fearlessly toattain these goals), and he wont stop. For this I thank and respect him.

    May we all work together so that all victims of injustice, violence, and fear in Burma and aroundthe world one day have the chance to lead happy, self-determined, free lives.

    Garrett KostinGarrett KostinThe Best Friend Library (Chiang Mai)The Best Friend Library (Chiang Mai)http://www.thebestfriend.org/http://www.thebestfriend.org/http://www.thebestfriend.org/chiangmai/http://www.thebestfriend.org/chiangmai/

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    Letter from Myo Thein of Burma Democratic Concern(BDC)Letter from Myo Thein of Burma Democratic Concern(BDC)

    Burma, the country with around 60 million people, is located in South East Asia shares the borderwith China, Laos, Thailand, Bangladesh and India. The military has dominated government since 1962.

    In Burma, if you talk about human rights then the regime will labeled you as theactivist working against them.

    If you ask what does human rights mean then the answer will varies from something scary,something regime doesnt like or something it will put you in trouble.

    Yes, it is true. Human rights mean a big monster which ruling junta hated most in Burma.Why?

    The people of Burma have been suffering under one of the worlds most brutal and repressive

    regimes since the military has dominated government for more than ve decades. The junta uses murder,torture, rape, political imprisonment and forced labour as practices for ruling the citizens of Burma.

    One child in three under the age ofve is already suffering from malnutrition, less than 50 per centof children will complete ve years of education. In Burma, people face complete lack of access to basic socialservices such as health services, and water sanitation.

    Under the military generals, poverty has soared and corruption is growing. Burma spends lessthan $3 per person per year on health and education well below the World Health Organizationrecommended level of $40 per person.

    The economic crisis and instability in Burma is driving waves of Burmese children into hard

    labour, begging and the sex trade. Children under the age of 18 are about 40% of Burma population.

    The military junta does not consider childrens development and welfare as a priority and used almosthalf of the state budget is spent to the arm, leaving very little for the vital education and health care systems.The worst forms of child labour can be seen in Burma in the army, the construction industry, domesticwork, and the mines or in different places.

    Children are by no means exempt from the forced labour imposed on hundreds of thousands ofthe Burmese population by military. Moreover, the military continues to forcibly recruit children into thearmy, some as young as eleven years old. Military forced young girls to serve as porters and sometimesrape and used them as sexual slaves.

    The Burmese government spends seven times less on education than on the armed forces. Since1990, government expenditure on civilian education has dropped by 70 percent, and the most recent statisticsindicate that spending on education is currently equivalent to less than 1% of the GDP.

    According to World Bankgures, Burmas military government spends only $0.28 per year for everychild in a public school. In Burma, power is centred on the ruling junta--the State Peace and DevelopmentCouncil, or SPDC--which maintains strict authoritarian rule over the people of Burma.

    Yes, in this prison state, Burma, the human rights means the term which will send you toprison, and the regime regards talking about human rights as talking about politics which theywould justify imprison people of Burma.

    Until 1988, people of Burma hardly ever heard of human rights and hardly ever

    know what are our rights.

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    Human rights in Burma are a long-standing concern for the international communityand human rights organizations.

    In 1990, people voted for the National League for Democracy (NLD) led by Aung San Suu Kyi.The ruling junta refuses to hand over power. Instead junta put Aung San Suu Kyi under house arrestand now again in 2010, junta is planning to hold sham election in order to nullify 1990 election results

    and to legitimise military rule in Burma.

    This is the most signicant and the most well-known junta abuses of rights of people of Burma.

    In this situation, I can see the light in the darkness which I would refer to say Candle in the darkwhen I learnt that Alinsatts book writing about the human rights and what are our rights.

    I sincerely wish this book a success and above all, may all the people of Burma could read thispieces and learn what are their rights are which would be contributing towards earning for our own rights.

    In solidarity,

    Myo TheinMyo TheinBurma Democratic Concern (BDC)Burma Democratic Concern (BDC)http://www.bdcburma.orghttp://www.bdcburma.orghttp://bdcburma.wordpress.com/http://bdcburma.wordpress.com/http://bdc-burma.blogspot.com/http://bdc-burma.blogspot.com/http://twitter.com/bdcburmahttp://twitter.com/bdcburmahttp://www.youtube.com/watch?v=Kut2ORlerOghttp://www.youtube.com/watch?v=Kut2ORlerOg

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    -(Genital Mutilation ) ()

    - ( Sexual Orientation )

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    -UNHCR

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    - ( Migrants )

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    ()

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    --RSD (Individualized)

    -RSD

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    ()

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    - W.H. Auden Refugee Blues

    ()

    - (Epitaph On A Tyrant)

    - (The Snare)

    - (Where The Mind Is Without Fear)

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    ()

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    -In The Quiet Land

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    UNHCR

    UNHCR

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    ..

    ()()All Burma Monks Alliance (ABMA)All Burma Monks Alliance (ABMA)

    http://www.thebestfriend.orghttp://www.thebestfriend.org

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    Refugee

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    http://www.bromalaysia.com

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    (ICC)

    (HREIB)

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    (ID(I

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    ()()

    (RaceRace) (ReligionReligion) (NationalityNationality)(Political opinionPolitical opinion) (membership in a particular so-membership in a particular so-cial groupcial group)

    ()() UNHCRUNHCR

    (internally displaced personsinternally displaced persons(IDP)(IDP) ) (statelessnessstatelessness)

    UNHCR

    UNHCR

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    UNHCR

    UNHCR

    (Status Determination Procedures)Status Determination Procedures) UNHCR

    UNHCR(Executive Committee)(Executive Committee)

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    s)

    Handbook on Procedures and Criteria For Determining Refugee Status Handbook on Procedures and Criteria For Determining Refugee Status

    UNHCR

    (- ) UNHCR

    UNHCRUNHCR Africas OAU Africas OAUCartagenaCartagena

    UNHCR

    (Internally Displaced PeopleInternally Displaced People )

    UNHCR

    UNHCR

    IDPs

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    ()

    ( Balkans )

    ()Great LakesGreat Lakes

    Group Determination Group Determination ()Prima FaciePrima Facie

    UNHCR UNHCR

    (Economic Migrants)(Economic Migrants)

    UNHCRUNHCR

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    )

    ( Draft Evader ) ( Draft Evader )

    Draft EvaderDraft Evader

    (war criminal) (war criminal)

    UNHCRUNHCR

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    ( Rwanda )( Rwanda )

    UNHCRUNHCR

    ()

    ChadorChador ()

    ( European Parliament )( European Parliament )

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    (Genital Mutilation) () (Genital Mutilation) ()

    (Genital Mutilation)(Genital Mutilation)

    (Sexual Orientation) (Sexual Orientation)

    UNHCRUNHCR ()

    ()

    ( Temporary Protection ) ( Temporary Protection )

    (Temporary Protection)(Temporary Protection)

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    UNHCR

    UNHCR UNHCR

    UNHCRUNHCR

    (Unaccompanied Child)(Unaccompanied Child)

    UNHCRUNHCR(The Red Cross ) , UNICEF , Save The Children(The Red Cross ) , UNICEF , Save The Children

    (Rwanda)(Rwanda)

    UNU

    UNU

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    a)

    (Resettlement) UNHCR (Resettlement) UNHCR (Voluntary Repatriation)(Voluntary Repatriation)

    ( Resettlement Quota ) ( Resettlement Quota )

    ( Resettlement Quota )( Resettlement Quota )

    UNHCRUNHCR UNHCRUNHCR ()

    UNHCR UNHCR (Quotas)(Quotas)

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    UNHCRUNHCR

    (Stowaways) () (Stowaways) () ( Asylum ) ( Asylum )

    (Asylum Seekers)(Asylum Seekers) (Clandestine(ClandestineStowaways)Stowaways)

    UNHCRUNHCR

    (Refoulment)(Refoulment)

    UNHCRUNHCR

    UNHCR (Statelessness) UNHCR (Statelessness) (Nationality)(Nationality)

    UNU

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    e

    R

    UNHCR

    UNHCRUNHCR http://unhcr.org.ua/main.php?part_id=4&article_id=82&view=fullhttp://unhcr.org.ua/main.php?part_id=4&article_id=82&view=full

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    ( )( )

    (Freedom From Fear)(Freedom From Fear) (Freedom From Wants)(Freedom From Wants)

    ( Human Rights are inherent )( Human Rights are inherent )

    ( Human Rights are universal )( Human Rights are universal )

    ( Human Rights are inalienable )( Human Rights are inalienable )

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    ( Human Rights are indivisible )( Human Rights are indivisible )

    (Universal Declaration of Human Rights(Universal Declaration of Human Rights)

    - -()()()()

    ()()()()()()()()

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    ()()()()()()()()()()

    ()()()()()()()()()()()()()()

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    ()()()()()()()()()()

    ()()()()()()

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    () ()

    Everybody has the right to seek and to enjoy in other country asylum from persecution.Everybody has the right to seek and to enjoy in other country asylum from persecution.(Universal Declaration of Human Rights, Article 14(1))(Universal Declaration of Human Rights, Article 14(1))

    ()

    ( Refugee ) ( Refugee ) (United Nations High Commissioner for Refugees)

    * (Race)

    * (Religion)

    * (Nationality)* (Political Opinion)

    * (Membership in a Particular Social Group)

    ()

    (UNHCR )

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    ( UNHCR ) ( UNHCR )United Nations High Commissioner for Refugees (UNHCR)

    ()

    UNHCR

    (a well-founded fear of persecution)(a well-founded fear of persecution)

    UNHCR

    ()

    UNHCR

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    ( Antonio Guterres )( Antonio Guterres )

    Antonio Guterres Antonio Guterres Everyone that needs to be protected, should be protected. Everyone that needs to be protected, should be protected.

    In the past few years, asylum issues and refugee protection have become inextricably linked with the In the past few years, asylum issues and refugee protection have become inextricably linked with thequestion of international migration particularly irregular migration. question of international migration particularly irregular migration.

    Refugee are not terrorist. They are often the rst victims of terrorism. Refugee are not terrorist. They are often the rst victims of terrorism.

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    UNHCR Antino Guterres ( ) UNHCR Antino Guterres ( ) --

    -- (IDP)

    Working Group Working Group Grika FellerGrika Feller

    () ()

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    () ()

    - -*

    *

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    ()

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    ( Convention Relat-( Convention Relat-

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    ing to the Status of Refugees )ing to the Status of Refugees ) ( The Protocol Relating to the Status( The Protocol Relating to the Statusof Refugees )of Refugees )

    ( Refugee ) (IDP) ( Refugee ) (IDP)

    ( Refugee )( Refugee )

    ( Internally Displaced Persons )( Internally Displaced Persons )

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    ( Migrants ) ( Migrants )( Migrants )( Migrants )

    (Economic Migrants)(Economic Migrants)

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    () ()

    UNHCRUNHCR (Asylum Seeker)(Asylum Seeker)

    UNHCRUNHCR (Irregular Migrants)(Irregular Migrants) RELARELA (Malaysian Volunteer Corps)(Malaysian Volunteer Corps)

    (Deportation)(Deportation)

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    () (Convention(Convention

    Relating to the Status of Refugees)Relating to the Status of Refugees) (The Protocol Relating to the Status of(The Protocol Relating to the Status ofRefugee, 1966)Refugee, 1966) (Universal Declaration of Human Rights)(Universal Declaration of Human Rights)

    ()

    (Non-Refoulement)(Non-Refoulement)

    () (Convention on the Elimination of All Forms of Discrimination Against(Convention on the Elimination of All Forms of Discrimination AgainstWomen)Women) ()

    (Convention(Conventionon the Rights of the Child (CRC))on the Rights of the Child (CRC))

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    (Non-Documented Migrants)(Non-Documented Migrants)

    RELARELA RELARELA

    (Whipping)(Whipping) (Illegal Migrant)(Illegal Migrant)

    (Im-(Im-migration Detention Centers ) ( IDCs )migration Detention Centers ) ( IDCs )

    -

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    UNHCRUNHCR

    (Convention on the Rights of the Child ( CRC )(Convention on the Rights of the Child ( CRC )

    -

    -

    -

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    ()

    (UNHCR)

    ()

    ( Klang Valley )( Klang Valley ) ()

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    3D3D (Dirty)(Dirty) (Dangerous)(Dangerous) (Difculty)(Difculty)

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    () ()

    (RSD)(RSD)

    Determination of Refugee Status ( RSD )Determination of Refugee Status ( RSD )

    RSD UNHCR

    UNHCR

    RSD

    RSD RSD (Pro-(Pro-cedural Standards)cedural Standards)

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    -

    UNHCRUNHCRUNDPUNDPNGONGO

    RSD (Individualized) RSD (Individualized)(Gathering of evidence)(Gathering of evidence)(Evaluating Evidence)(Evaluating Evidence) (Issuing a decision)(Issuing a decision) ()

    - (Registration Form)(Registration Form) RSDRSD (RSD Questionnaires)(RSD Questionnaires) (Individual Documenta-(Individual Documenta-tion)tion)

    - (Evaluating Evidence)(Evaluating Evidence)

    --

    UNHCRUNHCR UNHCRUNHCR

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    (Appeal)(Appeal)UNHCRUNHCRRSDRSD

    RSD RSD

    /

    UNHCR

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    () ()

    ()

    United Nations (1945)United Nations (1945)

    Alirio Uribe AunozAlirio Uribe Aunoz

    ()

    Rigoberta MenchuRigoberta Menchu(Guatemala Nobel Peace Prize Winner, 1992)(Guatemala Nobel Peace Prize Winner, 1992)

    Jose Ramos-HortaJose Ramos-HortaPresident of East TimorPresident of East Timor

    Sima SamarSima Samar

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    Loung UngLoung Ung

    Antonio GuterresAntonio Guterres(U.N High Commissioner for Refugees,2005)(U.N High Commissioner for Refugees,2005)

    ()

    Antonio GuterresAntonio Guterres(U.N High Commissioner for Refugees,2005-)(U.N High Commissioner for Refugees,2005-)

    Poul HartlingPoul Hartling(UN High Commissioner for Refugees, 1978-1985)(UN High Commissioner for Refugees, 1978-1985)

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    Teri HatcherTeri Hatcher

    Angelina JolieAngelina JolieHollywood ActressHollywood Actress

    Angelina JolieAngelina Jolie

    Sadako OgataSadako Ogata(UNHCR 1990-2000)(UNHCR 1990-2000)

    Dan ONeill, Founder of Mercy CorpsDan ONeill, Founder of Mercy Corps

    Mike TurnerMike Turner

    Mahnaz AfkhamiMahnaz Afkhami

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    Hannah ArendtHannah Arendt

    Albert GinsteinAlbert Ginstein

    Robert AlanRobert Alan

    Ko AnnanKo Annan(UN Secretary-General)(UN Secretary-General)

    Cynthia BasinetCynthia Basinet

    Jullen ClercJullen Clerc

    Warren ChristopherWarren Christopher

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    () ()

    All expert OnlineAll expert Online - (Isaac Abravanel)(Isaac Abravanel) -

    ( Tenzin Gyatso)Tenzin Gyatso) -

    (Mullah Krekar)(Mullah Krekar) -

    (Madaleine Albright)(Madaleine Albright) -

    (Ayann Hirsi Ali)(Ayann Hirsi Ali) - -

    (Margaret Hodge)(Margaret Hodge) -

    (Henry Kissinger)(Henry Kissinger) -

    (Vladimir Lenin)(Vladimir Lenin) -

    (Karl Marx)(Karl Marx) -

    (Leon Trotsky)(Leon Trotsky) -

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    (Sigmund Freud)(Sigmund Freud) - (Psychoanalysis)(Psychoanalysis)

    (Karl Popper)(Karl Popper) -

    ()(Max Born)(Max Born) -

    (Albert Einstein)(Albert Einstein) -

    (Bernard Katz)(Bernard Katz) -

    (Alexander Alekhine)(Alexander Alekhine) -

    (Jelena Dokic)(Jelena Dokic) -

    (Mario Stanic)(Mario Stanic) -

    (Christopher Werh)(Christopher Werh) -

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    () (Richard Rogers)(Richard Rogers) - (Trieste)(Trieste)

    (Daniel Marot) Hampton Court(Daniel Marot) Hampton Court

    (Lord Maurice Saatchi & Charles Saatchi)(Lord Maurice Saatchi & Charles Saatchi) -

    (Lucien Freud)(Lucien Freud) -

    () (Michael Mark)(Michael Mark) - Marks and SpencerMarks and Spencer

    -(Idi Amin)(Idi Amin)

    (Sieng Van Trang)(Sieng Van Trang) -

    (Sir John Houblon)(Sir John Houblon) -

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    ()() (Alek Wek) -

    (Tessier) -

    (Norbert Branin) --

    () (Justine Frischmann) Glastica

    - (Olivia Newton-John) -

    TV FILMTV FILM (Omid Djalili) -

    (Ben Elton) -

    (Billy Wilder) -

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    - The House of Spirits

    Salvador Allende

    (Elias Canetti) -

    (Joseph Conrad) Heart of Darkness

    (Thomas Mann) -

    (Victor Hugo) -

    -

    -

    (Before Night Falls) (New Yorks Times)

    (Loung Ung) -

    First They Killed My Father

    Lucky Child

    http://en.allexperts.com/e/l/li/list_of_famous_refugees.htmhttp://en.allexperts.com/e/l/li/list_of_famous_refugees.htm

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    () ()

    ..

    ..

    (yew)

    () ()

    ()

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    .

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    ()

    .

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    ..

    W.H. Auden Refugee Blue W.H. Auden Refugee Blue....

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    Refugee BluesRefugee Bluesby W.H. Audenby W.H. Auden

    Say this city has ten million souls,

    Some are living in mansions, some are living in holes:

    Yet theres no place for us, my dear, yet theres no place

    for us.

    Once we had a country and we thought it fair,

    Look in the atlas and youll nd it there:

    We cannot go there now, my dear, we cannot go there

    now.

    In the village churchyard there grows an old yew,

    Every spring it blossoms anew;

    Old passports cant do that, my dear, old passports cant

    do that.

    The consul banged the table and said:

    If youve got no passport youre ofcially dead;

    But we are still alive, my dear, but we are still alive.

    Went to a committee; they offered me a chair;

    Asked me politely to return next year:

    But where shall we go today, my dear, but where shall we

    go today?

    Came to a public meeting; the speaker got up and said:

    If we let them in, they will steal our daily bread;

    He was talking of you and me, my dear, he was talking of

    you and me.

    Thought I heard the thunder rumbling in the sky;

    It was Hitler over Europe, saying: They must die;

    We were in his mind, my dear, we were in his mind.

    Saw a poodle in a jacket fastened with a pin,

    Saw a door opened and a cat let in:

    But they werent German Jews, my dear, but they werent

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    German Jews.

    Went down to the harbor and stood upon the quay,

    Saw the sh swimming as if they were free:

    Only ten feet away, my dear,

    only ten feet away.

    Walked through a wood, saw the birds in the trees;

    They had no politicians and sang at their ease:

    They werent the human race, my dear, they werent the

    human race.

    Dreamed I saw a building with a thousand oors,

    A thousand windows and a thousand doors;

    Not one of them was ours, my dear, not one of them was

    ours.

    Stood on a great plain in the falling snow;

    Ten thousand soldiers marched to and fro:

    Looking for you and me, my dear,

    looking for you and me.

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    () ()

    - -

    Epitaph On A TyrantEpitaph On A Tyrant

    Perfection, of a kind, was what he was after,

    And the poetry he invented was easy to understand;

    He knew human folly like the back of his hand,

    And was greatly interested in armies and eets;

    When he laughed, respectable senators burst with laughter,

    And when he cried the little children died in the streets.

    W.H.AudenW.H.Auden

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    ...

    ...

    .

    - -

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    The SnareThe Snare

    I hear a sudden cry of pain!

    There is a rabbit in a snare:

    Now I hear the cry again,

    But I cannot tell from where.

    But I cannot tell from where

    He is calling out for aid!

    Crying on the frightened air,

    Making everything afraid!

    Making everything afraid!

    Wrinkling up his little face!

    And he cries again for aid;

    - and I cannot nd the place!

    And I cannot nd the place

    Where his paw is in the snare!

    Little One! Oh, Little One!

    I am searching everywhere!

    James StephensJames Stephens

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    Where The Mind Is Without FearWhere The Mind Is Without Fear

    Where the mind is without fear and the head is held high

    Where knowledge is free

    Where the world has not been broken up into fragments

    By narrow domestic walls

    Where words come out from the depth of truth

    Where tireless striving stretches its arms towards perfection

    Where the clear stream of reason has not lost its way

    Into the dreary desert sand of dead habit

    Where the mind is led forward by thee

    Into ever-widening thought and action

    Into that heaven of freedom, my Father, let my country awake.

    By Rabindranath TagoreBy Rabindranath Tagore1861-19411861-1941

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    () ()

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    In The Quiet LandIn The Quiet Land

    In the Quiet Land, no one can tell

    if theres someone whos listening

    for secrets they can sell.

    The informers are paid in the blood of the land

    and no one dares speak what the tyrants wont stand.

    In the quiet land of Burma,

    no one laughs and no one thinks out loud.

    In the quiet land of Burma,

    you can hear it in the silence of the crowd

    In the Quiet Land, no one can say

    when the soldiers are coming

    to carry them away.

    The Chinese want a road; the French want the oil;

    the Thais take the timber; and SLORC takes the spoils...

    In the Quiet Land....

    In the Quiet Land, no one can hear

    what is silenced by murder

    and covered up with fear.

    But, despite what is forced, freedoms a sound

    that liars cant fake and no shouting can drown.

    Aung San Suu KyiAung San Suu Kyi

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