Shan Herald Agency for News |
- Amendment or rewriting: 51 years on Burma still overwhelmed by constitutional crisis
- Weekly Wrap-up, No.638 (3-9 August 2013)
- Urgent Appeal for Flood Victims in Karen State
- Shan community groups fear signs of premature refugee repatriation
- U Tin Aye: The Shan who was not afraid
| Amendment or rewriting: 51 years on Burma still overwhelmed by constitutional crisis Posted: 13 Aug 2013 03:44 AM PDT Tuesday, 13 August 2013 On 07 August, Eleven Media Group reported that parliamentary speaker Thura Shwe Mann said that he is for the amendment, rather than the rewriting of the 2008 Constitution, to strive for a more federal system of governance, during the brain-storming, session, on 06 August, to amend the constitution, with the view of protecting the non-Burman ethnic nationalities' and minorities' right.  Sai Wansai Meanwhile, according to DVB report of 08 August, civil society groups convening in Rangoon to mark the 25th year anniversary of the 8888 uprisings released a declaration calling for the establishment of a "democratic federal state". BBC report of same date also said that the civil societies made known a three points resolution, which includes the establishing a federal union, amendment or rewriting the 2008 Constitution, and all-inclusive national reconciliation conference. Regarding the resolution, Hkun Htoon Oo, SNLD Chairman said: "I endorse it for it is the will of all ethnic nationalities and as well, the whole population. People who don't like it will try to destroy it. Some would like to rewrite it, while others would like to amend it from all angles. So it is better to rewrite it. As for me I prefer the rewriting it anew", according to DVB report on 08 August. In the same report, Nai Hong Sa, spokesman and Secretary of the United Nationalities Federal Council (UNFC), regarding the resolution, said: "Very good. It is exactly like our policy. I see that it is decisively and transparently informing the general public". On 02 August, the UNFC organized conference, which was attended by 18 armed groups, including its 11 member organizations. Others are: United Wa State Party (UWSP), National Democratic Alliance Army (NDAA), Myanmar National Democratic Alliance Army (MNDAA), Karen Peace Council (KPC), Democratic Karen Benevolence Army (DKBA), Arakan Liberation Party (ALP) and Arakan Army (AA), released a 6 points statement, that include the rejection of 2008 Constitution; reaffirming to establish a future, peaceful, prosperous and genuine Federal Union; and an agreement for the formation of a Bama/Myanmar state, with a view to express equality of all the national groups in the country. Constitutional Crisis In reality, Burma has been on constitutional crisis-footing since the 1962 military coup by General Ne Win. Ten years after the independence, in 1958, fearful that the Shan and Karenni would make use of their right guaranteed in 1947 Union Constitution and disassociate from the Union, U Nu, as a precaution, invited the Commander-in-Chief, General Ne Win, to form a 'Caretaker' government to restore law and order for a period of 2 years. In 1961, the then Shan State government produced a resolution widely known as "The Shan Federal Proposal", which was later endorsed by all non-Burman delegates, at The All States Conference in June 16, 1961, in Taunggyi. Following the resolution, The All States Unity Organization was formed by the Taunggyi All States Conference, with Kachin, Karenni, Karen, Chin, Arakan, Shan and Mon as members. Part of Shan Federal Proposal writes: The provisions for equal and opportunities between the various states and nationalities are not adequately prescribed in the present Constitution of the Union of Burma. The Steering Committee has therefore unanimously decided that to ensure equal rights and opportunities for all, the Constitution should be revised in accordance with the principles of a truly federal constitution. The Steering Committee hereby resolves that in redrafting the Constitution, in accordance with genuine federal principles, the following basic requirements for ensuring equality shall be included:
The above proposals were unanimously adopted on Tuesday, the 24th January 1961.(Source: Sai Aung Tun – History of Shan State From Its Origins to 1962, 2009, Silkworm Books, Chiangmai, Thailand.) In 1962, while the parliament was in session, debating the Federal Proposal to amend the Union Constitution, General Ne Win launched a military coup, claiming 'to save the nation from disintegration' and suspended the 1947 Constitution. But from the ethnic nationalities' point of view, this abolishment of the legal instrument that bound their homelands to the Union, amounts to the nullification of the "Union of Burma" and has thus reverted back to pre-Panglong Agreement period. In other words, the Union has disintegrated and no more in existence. The present Republic of the Union of Myanmar is only seen as a forced-union, held by massive suppression and military occupation of ethnic areas, when in effect it resembles a form of colonization. In 1974, General Ne Win's Burmese Socialist Programme Party adopted a new constitution but this had no status in law as far as the ethnic nationalities were concerned. In any case, the 1974 Constitution was suspended by the State Law and Order Restoration Council (SLORC) in 1988. In 1993, SLORC, which later became the State Peace and Development Council (SPDC) convened a new National Convention to draft a constitution that would guarantee a leading political role for the military in a future Burma. After 15 years of on and off National Convention, finally the 2008 Constitution, which is a presidential unitary system, came into effect. Still, this military-drawn constitution failed to address the political aspiration of the non-Burmans and as well, the Burmans in a true sense. Amendment or rewriting? As it is, there is no argument or question about the shortcomings of the 2008 Constitution and that it has to be altered. It seems the recent regime is bent only on amendment of its self-drawn constitution, while the majority of the opposition camps, including the non-Burman ethnic nationalities are for rewriting anew. On 06 August, parliamentary speaker Shwe Mann hosted a meeting with other lawmakers, in a deliberation to move toward a system that gives states and regions more power over their own affairs. According to Eleven Media Group's report of 07 August, the meeting has made it known that it would be easier to amend the existing constitution than rewriting it altogether. The same news source report on 10 August, during President Thein Sein's meeting with union, states and regions ministers, the day before, urged to devolve some political decision-making power to the states and regions. This indicates that he is also only for the amendment and not rewriting anew. In other words, the centralized state authority, unitary system has to be continued and stayed intact. The question arises on how a presidential unitary system could be made federal by amending some paragraphs of 2008, military-drawn constitution. For basically the unitary system is contrary to the federal form of governance. Even if the government delegate some decision-making power, it would hardly become federal in practice and would remain a unitary system. It should be noted that unitary is a system of political organization in which most or all of the governing power resides in a centralized government, whereas federalism has two layers of government, the federal government and the constituent states, which equally share the legal sovereignty of a country. It is also a system of government in which power is divided between a central authority and constituent political units. Apart from that, the ethnic nationalities have joined the union, on voluntary bases, believing that the new political entity to be formed would be a federal union. In addition, the desire for federal constitution has been present, since the struggle for independence, according to the States Unity Organization, formed in June 1961. Thus, at the time of the formation of the Union, General Aung San had declared that the constitution must be a federal one, and U Chan Htun, the constitutional adviser, had also explained to the Constitutional Assembly that the Union of Burma had to be a federal union. Yet ten years later, at a meeting between U Chan Htun and Professor Hugh Tinker, U Chan Htun is said to have declared: "Our constitution, though in theory federal, is in practice unitary." The States Unity Organization document quoted those words from Tinker's book "The Union of Burma". (Source: Sai Aung Tun – History of the Shan State) As we can see, the successive military regimes – Revolutionary Council (RC), Burma Socialist Programme Party (BSPP), State Law and Order Restoration Council (SLORC), State Peace and Development Council (SPDC), and the present, military-back, quasi-civilian, Thein Sein regime – have always only skirt around the real and justified aspiration of the non-Burman ethnic peoples and as well, the majority of the Burman mass, without addressing the core issues of full autonomy, democracy and equality, embedded in 1947 Panglong Agreement. During the constitutional amendment period of 1961-62, the non-Burman ethnic nationalities bitterly complained that Burma Proper, which was supposed to be just one of the constituent states, had effectively taken over the Union Government and transformed all the other constituent units into its vassal states. They argued that in order to become a true federal union, the usurpation of the central powers of government by Burma Proper must be stopped to ensure equality and Burma Proper be established as one of the constituent states, like all others. The General Ne Win led 1962 military coup, which had replaced the Union Government, has further exacerbated the constitutional crisis, plunging the country even deeper into irreconcilable, armed, ethnic conflicts, which have lasted to these days. To sum up, so long as the transformation of unitary system to genuine federal structure, desired by the non-Burman ethnic nationalities, is denied, the ethnic conflict will definitely rage on. And the desire of the reformers to forge "common national identity" and "national reconciliation" will remain an illusion. Hopefully, it is not the desire of the good will reformers, to deviate from "nation-building" process and instead lead to "nation-destroying", for being indifferent and blind to the people's political aspiration. The contributor is the General Secretary of Shan Democratic Union (SDU) - Editor |
| Weekly Wrap-up, No.638 (3-9 August 2013) Posted: 13 Aug 2013 03:54 AM PDT
Tips to the ethnic leaders: If we cannot trust politicians, who else can we?  Think Piece According to a 2004 diplomatic cable sent from US embassy in Rangoon published by Wikileaks, "Major Thein Sein served as commander of Light Infantry Division (LID) 55. In that capacity, he distinguished himself, as did Soe Win, in the crackdown against the 1988 uprising." Democratic Voice of Burma, 7 August 2013 The World 4 August 2013 A small bomb explodes at Ekayama temple in West Jakarta as people are praying inside, slightly injuring 3 people. (Reuters) 8 August 2013  Muslims all over the world celebrate Eid, marking the end of the fasting month of Ramadan. (Agencies) International Relations 7 August 2013 The United States renew a ban on import of gems from Burma. (Mizzima) Thai-Burma Relations 8 August 2013  Dr Cynthia Maung of Mae Tao Clinic said negotiations have been ongoing to re-buy the land sold by Phra Kittisak Kittisobhano to a Chiangmai police officer. (Bangkok Post) 8 August 2013 Anti-riot police called to restore order in Phang-nga where 261 Rohingya migrants broke out of their detention cells demanding to be released to perform a prayer to celebrate the end of Ramadan. (Bangkok Post) 9 August 2013 Shan community groups in Chiangmai issue statement expressing concern for 500 Shan refugees in Chiangmai's Wiang Haeng district who have been approached by Burmese police and military commanders for their return to Burma. None has expressed a desire to return as the security situation has not improved. Any plans to repatriate them must be fully transparent, comply with international standards guaranteeing safety and dignity, and repatriation must be voluntary, it says. (Press Release) Politics/ Inside Burma 4 August 2013  Former student leader Moe Thee Zun receives a hero's welcome on his arrival at Rangoon airport. (DVB) 5 August 2013 All Burma Students Democratic Front (ABSDF) signs ceasefire agreement. (Irrawaddy) It is the 14th ceasefire group - Editor 6 August 2013  2,000 people commemorate the Four 8s Democracy Movement in grand fashion for the first time in Rangoon. (Irrawaddy) 8 August 2013 Official media quotes presidential announcement saying 3 more advisers have been appointed:
Ethnic Affairs 3 August 2013 U Aung Min, during a lecture at Rangoon's UMFCCI, says 10 billion kyat provided by the government is not enough. After peace is achieved:
4 August 2013 New Mon State Army (NMSP)'s Nai Tala Nyi, meets MPC's Hla Maung Shwe in Moulmein. The NMSP will follow the UNFC policy, according to Nai Hongsa Bonkhaine. (IMNA) 6 August 2013 Speaker Shwe Mann hosts meeting with lawmakers to consider amendments to protect ethnic rights and promote a more federal system. Two possible options: rewriting of the constitution and amendment. Several lawmakers say the second option would likely be easier. (Irrawaddy) 7 August 2013 Speaking at a discussion entitled "Ethnic Issues, Internal Peace and the Future Union" held by the 8888 anniversary ceremony organizers, Minister U Aung Min says planned political dialogue must include all: 135 ethnic peoples, armed groups, government, parliament, parties and civic organizations. (Eleven Media Group) 8 August 2013 Civil society groups commemorating 8888 uprisings call for establishment of a democratic federal state. The 2008 constitution does not guarantee it, reads the statement. (DVB) 9 August 2013 Karenni National Progressive Party (KNPP) holds emergency commanders' meeting to respond to serious violations of ceasefire by the government:
Shans/ Shan State 4 August 2013 Palaung State Liberation Front (PSLF) holds public consultation attended by 15,000 from 30 villages in Namkham township. (Phophtaw) 7 August 2013  Hkun Htun Oo, SNLD leader, says it is better to write a new constitution with the participation of the people, as it might take a long time to amend it. (Irrawaddy) 8 August 2013 Despite denials by Beijing and Wa, the United Wa State Army seems to have at least two helicopters for transportation, not gunships. (Irrawaddy) 9 August 2013  Oriental, the first hotel built by Mme. Sai Leun (Peng Xinchun) in Mongla, went into flames, 14:00-17:00. Fire brigades from across the border brought in to extinguish it. Authorities are still trying to find the cause of the fire. (SHAN) Human Rights 5 August 2013 A group of journalists plaster walls with stickers calling for the government to allow more press freedom. The Interim Press Council has also submitted its own separate Press Bill to Parliament. (Irrawaddy) 5 August 2013 A Rangoon township court sentences Myint Aung, owner of Cherry Restaurant, 8 years in prison for raping a 15 year old girl. (Irrawaddy) 7 August 2013 Statement from UNICEF says Burma Army has released 68 children and young people. (Reuters) 7 August 2013  Minister Aung Min signs memorandum pledging support for campaign to free political prisoners. It follows nationwide address by the president on 1 August pledging to release them all before the end of the year. (Mizzima) |
| Urgent Appeal for Flood Victims in Karen State Posted: 13 Aug 2013 03:42 AM PDT Over 33,000 people were displaced by the floods and took shelter in local monasteries and schools. However, lack of communication and access to some remote areas may mean that the number of people severely affected may be higher. Hundreds of families have had their houses completely or partially destroyed and remain homeless. Rice stocks and rice paddies have been ruined, leaving thousands without access to adequate food supplies for the coming year. Water sources have been contaminated, leaving communities at risk of contracting water-borne diseases, such as diarrhoea.  Children lining up for emergency food rations The EART is comprised of Back Pack Health Worker Team, Burma Medical Association, Karen Women's Organisation, Mae Tao Clinic and others, all of whom have decades of experience of working in the affected areas. Staff are already on the ground, enabling EART to gather information and access the affected populations quickly. The EART has conducted an initial rapid needs assessment in a number of severely affected areas to ascertain the level of assistance required. Rice rations have been identified as the priority item for families severely affected. Other items required include clean water, clothes, mosquito nets, mats, blankets, cooking utensils and building supplies. The EART is prioritising the distribution of rice to the families most in need, but funds currently available are extremely limited, leaving many families without any support at all. Further support will be required, as there are also significant concerns about the longer-term impact of the destruction of harvests, which will leave families at risk of chronic malnutrition. Assistance from individuals and organisations is therefore urgently requested. To make a donation, please make a bank transfer to the EART account and email bphwt@loxinfo.co.th to advise us of the donation. Bank Name: Bangkok Bank Branch: Mae Sot Bank Address: 957, Moo. 2, Mae Pha, Mae Sot, Tak – 63110, Thailand Account Name: Warin Prawintnopphakhun and Win Kyaw N/A and Chit Win N/A Account number savings: 328M0M93042M5 SWIFT Code: BKKBTHBK As further information is gathered, photos and updates will be posted on: www.facebook.com/maetaoclinic.org. Thank you for your assistance at this difficult time. Sincerely, Dr Cynthia Maung Emergency Assistance and Relief Team Contact person: Moe Naing, bphwt@loxinfo.co.th, +66 (0)8 4492 6140 |
| Shan community groups fear signs of premature refugee repatriation Posted: 13 Aug 2013 03:40 AM PDT Press release by Shan Community Based Organisations Shan community groups are concerned at signs that Burmese authorities are preparing to repatriate Shan refugees from a camp in northern Thailand, even though there is no guarantee for their safety. Last month, Burmese policemen from Tachilek visited Koung Jor camp in Wiang Haeng district, northern Chiang Mai province, asking whether the refugees wanted to return back to Burma. Even though none expressed a desire to return, the camp leader was contacted shortly afterwards by the Burmese military commander at Mong Taw, 15 kilometers across the border, to say that new housing would be built for returning families in his area. In August 2012, plans by a Norwegian NGO contracted under the Myanmar Peace Support Initiative to survey the Shan refugees about returning to Burma were cancelled, after it was publicized that the designated resettlement site at Mong Hta (near Mong Taw) was still an active war zone, strewn with land mines. It is unclear if international donors will be supporting the latest plans to build housing for returning refugees in the Mong Taw-Mong Hta area. The security situation in this border area has not improved since last year. It remains heavily militarized, especially following increased tension between Burmese and Wa forces in southern Shan State in recent months. There are currently about 500 refugees, almost half of whom are children, staying in Koung Jor camp, set up in 2002 after fighting on the border between the Burma Army and the Shan State Army-South. It is the only Shan refugee camp in Thailand. Most of the hundreds of thousands displaced by conflict from Shan State during the past few decades have had no access to refugee camps, and have been forced to survive as migrant workers throughout Thailand. Koung Jor camp has a less formal status than the other nine camps in Thailand, which primarily house Karen and Karenni refugees. Shan community groups therefore worry about a higher likelihood of involuntary repatriation. "The Shan refugee crisis has been pushed under the carpet for years," said Ying Harn Fah of the Shan Women's Action Network. "Just because most Shans don't have refugee status, that is no excuse to deny the few recognized Shan refugees their right to safe and dignified return." The Shan community groups are demanding that any plans by Burmese, Thai and international stakeholders to repatriate Shan refugees be fully transparent and comply with international standards guaranteeing safety and dignity, and that any repatriation must be voluntary. Shan community groups: Shan Human Rights Foundation, Shan Sapawa Environmental Organisation, Shan Women's Action Network, Shan Youth Power, Shan Youth Network Group. Attachment: Map of planned resettlement site (August 2012) Contact persons: Sai Khur Hseng: +6681 672 203, shancbosforum@gmail.com Ying Harn Fah: +6689 262 7848, shancbo@gmail.com More information please visit: www.shanhumanrights.org |
| U Tin Aye: The Shan who was not afraid Posted: 13 Aug 2013 03:39 AM PDT  But after I have read U Tin E (Shan Pyi) ee Bawa Ponyake Kauk Kyaung Lay Mya (Images of the life of U Tin E-Shanland), a 183 page collection of articles written by himself and friends, I thought "The man who was not afraid" would be a better fitting title.Many Shans have blamed him and his Shan State People's Freedom League (SSPFL) for organizing two mass rallies — one in Taunggyi and the other in Panglong — that had twisted the Panglong Conference's arm to form a Union with Aung San's Burma. The result was the appellation — in several quarters, not all: "The guy who sold us out." Little however was known how he had viewed his own role until the booklet came out. "13 years after Independence, one single sentence that will summarize the over-all situation is: The Shan State is congested with discontent against Mainland Burma," he wrote. "It has lost all the rights entitled to a constituent state. Elements that have reached the end of their tether are already taking up arms believing that there is no other way to regain them except through the armed struggle." Dr Kyaw Aung, who compiled the articles, also wrote in the foreword:  Following Gen Aung San's passing, when the terms of agreement failed to come to life, he would bitterly complained, "We have become culprits in history." His "we" includes not only himself, but also U Kya Bu, U Tun Myint, Sao Yape Pha, U Khun Saw Pindaya, Khun Hti Panglong and others who had co-signed the Panglong Agreement.U Tin E (he never wrote his name Tin Aye like others) was born of a Shan father and Intha mother in Yawnghwe on 9 December 1916. He received his BA from the Rangoon University in 1940. His political activities began in 1942 with the organization of public libraries. As the leader of the SSPFL, Aung San had placed heavy reliance on him when he was persuading the Shans to join the Burmans for joint independence. However, after Independence, he spent most of his life at the Rangoon University where he taught Burmese, his specialty. He briefly returned to politics when he served as Councillor of State, 1978-1981. One of his former students recalled that at the farewell party held in his honor, he said, "When you arrive in Taunggyi, watch out for a Shan old timer wearing a rough Shan jacket, rough Shan pants and a Shan bamboo hat (with a wide brim) digging earth with a hoe." He was without a doubt a man of humor. After finishing school, he got a job to teach Burmese to foreigners. And this was what he wrote: Imagine a Shan teaching Burmese to a bunch of Indians using English (to explain to them). What a ludicrous world this is! He died on 16 October 1995 at the age of 79. Indeed, U Tin E was not afraid to admit. 14 writers contributed their articles to the booklet. They include 4 well known Shans: Shwe Ohn, Sai Aung Tun, Maung Lin Yong (Shan Pyi) and Luke Hkam Lu. |
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