Thursday, January 30, 2014

Shan Herald Agency for News

Shan Herald Agency for News

Transforming Societies: Contestations and Convergences in Asia and the Pacific

Posted: 30 Jan 2014 05:45 AM PST

12th Asia-Pacific Sociological Association (APSA) Conference "Transforming Societies: Contestations and Convergences in Asia and the Pacific" 15-16 February 2014, Faculty of Social Sciences, Chiang Mai University. On-line registration until 5 February 2014

Assessment of the Current Situation in Burma

Posted: 30 Jan 2014 05:45 AM PST

Burma is in the midst of change and we want to report to you what is happening, both good and bad. We are grateful for those who have brought greater freedoms to Burma. We also want to stand with those who have not yet experienced those freedoms and are still under attack. Thank you for your prayers and support.

A summary of the situation as we see it now in January 2014
Good news and improvement in some areas:
  1. Aung San Suu Kyi holds a position in parliament and she, along with others continue to work for more freedom, reforms and justice in Burma.
  2. There are some in the government at higher levels who do want to change the constitution and establish reforms before the 2015 elections.
  3. Many political prisoners have been released and there is greater political freedom.
  4. Censorship and travel restrictions have been eased.
  5. Ceasefire negotiations are ongoing with many of the ethnic groups and there is an overall reduction in fighting and displacement. Ethnic Armed Groups are negotiating with the government regarding political dialogue, credible monitoring mechanisms, and the need to consolidate existing ceasefires.
  6. Burma Army leaders have signed an agreement to end forced labor and there has been a reduction in some areas.
  7. The FBR had the opportunity to meet U Aung Min in 2012, as well as some of the leaders of the new government.
New attacks and ongoing oppression:
  1. In spite of and during ceasefire talks, the Burma Army attacks against the Kachin continue with over 100,000 Kachin people displaced since 2011. In November and December 2013 the Burma Army attacked a Kachin IDP camp burning shelters, looting rice stocks and displacing over 2,000 people who had to flee again. Attacks continue in this area as of January 2014. See FBR report.
  2. In northern Shan State, fighting and displacement continue against the Shan and Ta'ang people, through 2013 and into 2014. Attacks are especially heavy in Kut Hkai, Nam Kham, Nam San, Mon Ton, Mu Se, and Kyauk Mae townships. Victims are Kachin, Shan and Ta'ang villagers.  In January 2014 the Burma army continued attacks into Kyauk Mae township, Northern Shan State, capturing villagers and torturing local leaders. *Report pending.
  3. In Karen State the Burma Army is using the ceasefires to supply their camps beyond the normal supply rate and continue to use forced labor. In December 2013, they fired on villagers on 9 different occasions in Luthaw Township, Muthraw District, Northern Karen State. They have also built new camps and reinforced existing camps. See FBR report.
  4. The constitution has not been changed and the military retains control of power.
  5. In Arakan State, over 140,000 people have been displaced by inter-ethnic violence between the Rohingya and Arakan. This has been partially fueled by repressive Burma government policies and actions. Rohinga refugees suffer brutal living conditions and live in constant fear of attack. Please see Fortify Rights Report on the Rohingya.
  6. Humanitarian access is still blocked for IDPs in parts of Karen, Karenni, Shan, Arakan and Kachin State.
  7. There has been no apology, expression of remorse or establishment of a truth and reconciliation process to address Burma Army attacks, oppressions, human rights violations, war crimes and displacement.
  8. Karen and Karenni refugees continue to live restricted lives with a decrease in food supplies.
  9. Land confiscation and land rights abuses have become worse due to government and business encroachment.
We see two things continuing to happen at once: positive changes and ongoing oppression.

The Free Burma Rangers will continue giving help, hope and love to those under attack, to get the news out and to stand with the oppressed. FBR has added land-mapping to help villagers retain their land in the midst of changes. We pray for more positive changes and for a closer relationship with the Burma government. We continue to pray for and work for, reconciliation, justice and freedom for all.

Thank you and may God bless you,
Dave, family and all of FBR

To Hopeland and Back VII: New states

Posted: 30 Jan 2014 05:43 AM PST

Day 4. (23 January 2015)

The Conference did not wind up as scheduled yesterday, since the draft NCA needs its approval before the NCCT meets the UPWC on 29 January.

Today it goes through its revised chapters as recommended by yesterday's session.

The highlight of today's session is the suggestion by the PaO-Palaung-Wa-Lahu grouping that establishment of new states be incorporated into the draft. "It is not merely aimed at granting states to other non-Burman nationalities," said Hkun Myint Tun, the grouping's spokesman. "Since we are demanding that Burmans have a state of their own, its inclusion will be helpful."

The conference however thinks that the new states issue should not be included at this point and the proposition is put aside for future reference.

But since it is not the first time the Shan State is being confronted with the threat of secession from its own ranks, I would like to discuss how the matter was dealt with by our founding fathers.
  • In 1947, the (heir apparent) chief of Kokang Yang Zhensai demanded secession from the state of Hsenwi.
Yang Zhensai (Yang Kyein Sai), Prince of Kokang (1949-1959)
The unhappiness of Kokang with Hsenwi stemmed from the fact that while the former had paid the customary annual tributes to the latter, the latter had failed to come to its assistance when it was under attack by the Japanese force during WWII, forcing the former to fend for itself. (The Prince of Hsenwi Sao Hom Fa, according to the memo produced on 25 August 1947, had explained that he was unable to help as he himself was being declared persona non grata by the Japanese in his home territory.)

The result of the meeting was that Kokang was allowed to secede from Hsenwi, but would be admitted as a new member in the Shan States Council, thereby increasing the membership of the federation from 33 to 34.
  • Mongpai (called by Burmans as Moebyay or Mobye) was a different issue. For one thing, unlike Kokang, it was already a member principality of the Shan State federation. For another, it wanted to join with the Karenni/Kayah state.
The approach followed by the federation was therefore a different one: A referendum must be held to ascertain the wishes of the people concerned, as outlined in the 1947 constitution:

Article 182. (1) The territory heretofore known as Mongpai State in the Federal Shan State shall be acceded to the Kayah State if the majority of the people of the territory so desire.

(2) The procedure for ascertaining the desire of the majority shall be such as may be prescribed by law.

That referendum, during the 14 year of the 1947 charter, never materialized due to disagreements between leaders of Kayah and Mongpai, according to Khu Mankoban, the 1990 elected MP from the area.
  • The 1947 constitution itself appears to have anticipated the inevitability of new states:
Article 199. The Parliament may by an Act admit to the Union a new State upon such terms and conditions including the extent of representation of the State in the Parliament as may be specified in the Act.

Article 200. The Parliament may by an Act, with the consent of the Council of every State whose boundaries are affected thereby—
a)    establish a new unit;
b)    increase the area of any unit;
c)    diminish the area of any unit;
d)    alter the boundaries of any unit;
and may, with the like consent, make such supplemental, incidental and consequential provisions as the Parliament may deem necessary or proper.

Of course, technical jargons as such was way over my head, so I asked a lawyer friend what it means in lay people's lingo, and this was his reply: "It means a new state can come into being only by an Act, and such an Act can be adopted only by the approval of the state legislature concerned."

After reading it, I thought it wasn't a bad idea to dust off for reuse.

But then again, maybe it's not a good idea anymore. "Times have changed," I recall one of my friends saying. "There were times when being identified with Shans was a great honor and pride. Those days have gone."

Day 5. Back to Bangkok Shutdown

Today we attended the morning session of the conference until the draft NCA had been approved without objection. Then we crossed the Moei back into Thailand.

While stopping at Mae Ramard on the way to Mae Sot, we heard over the radio about the state of emergency being announced in Bangkok two days earlier.

"The two sides won't even listen to each other, let alone meet," said the commentator.

I thought, well, at least we in Burma are listening to and meeting each other. While it doesn't mean an agreement is in the offing, it does mean there's a real chance for peace.

All we need to do is we don't stop until and unless it becomes real.
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