Tuesday, March 29, 2016

Shan Herald Agency for News

Shan Herald Agency for News


Lt. Gen. Yawd Serk: We Have To Stand On Our Own Two Feet

Posted: 28 Mar 2016 10:55 PM PDT

Lieutenant General Yawd Serk, chairman of the Restoration Council of Shan State/Shan State Army (RCSS/SSA), is the leader of an organization that is one of the eight ethnic armed groups that signed the nationwide ceasefire agreement (NCA) in October last year. In late November 2015, the RCSS/SSA clashed with the Ta'ang National Liberation Army (TNLA), a member of the United Nationalities Federate Council (UNFC). Unlike the RCSS the TNLA did not sign the NCA.


 In an interview conducted with Lt. Gen. Yawd Serk in Shan on March 23, 2016, the veteran leader discussed his opinion on the role of the new government led by Aung San Su Kyi's National League for Democracy (NLD), the party that won a landslide election victory last November.

Q: What are your thoughts on the newly elected government and the on-going conflict in Shan State?

A: Even though this government was elected by the people, there will be a lot of difficulties for them. This is because Burma's military remains superior in the country. However, we have to wait and see how much they can do. Now, the ethnic armed groups and the people are waiting to see the policies of the new government under the leadership of Aung San Su Kyi. We want to see how much power she will have over the military.

Q: Before the election, Aung San Su Kyi was denied a chance to meet with Burma's military leaders but after the election she met with them. With regards to their meeting, will there be any benefits for ethnic groups?

A: I think there will be very little benefits for ethnic people. Now the NLD and military became one group with the president being from the NLD and Vice president from the military. This shows unity amongst the groups. Even though U T Khun Myat [a Kachin ethnic MP from Shan State's Kutkai Township] was selected as one of the parliament speakers, he is from a military-backed party.

Q: Aung San Su Kyi once said that when she was released from house arrest that she would lead a hold the 21st century Panglong Agreement. But when fighting broke out between the Burmese military and the Kokang Myanmar National Democratic Alliance Army (MNDAA), she said that the Burma military was right to step in. What do you hope for the solution of the issues surrounding the ethnic group?

A: We, the ethnic people, have to rely only on ourselves. It's very hard to ask for others to help us. We have to stand on our own feet. Don't wait for others to help, this should be our priority. Should we also rely on Aung San Su Kyi? Yes, we should because her party is serving as the country's government. They have the responsibilities to solve the ethnic problem.

The problems that have been occurring in our country are not only about politics, but it's about ethnic problems as well. Therefore, in order to solve the political problem we have to solve ethnic problems. I was once told that we have to build trust amongst us. When we trust each other we can build unity and with unity we can build peace. Until now, ethnic problems have not yet been solved.

Q: When we look at the new cabinet of this government, will the ethnic problem be prioritized?


A: It's not prioritized; it will be put at a fourth or fifth level. 

By: Shan Herald Agency for News (SHAN)

Learning to share The EAO8 Summit # 2 Day-2

Posted: 28 Mar 2016 08:58 PM PDT

Day Two. Friday, 25 March 2016

Five great enemies to peace inhabit with us:
Avarice, ambition, envy, anger and pride.
If these enemies were to be banished,
We should infallibly enjoy perpetual peace

Francesco Petrarch (1304-1374), Italian scholar-poet-humanist

Today's session, under the chairmanship of Pu Zing Cung, President of Chin National Front (CNF), begins with encouraging news.


 "Last night, we received a reply from DPN (Delegation for Political Negotiation, formed by the United Nationalities Federal Council)," announced the Coordination Team (CT) leader Padoh Kwe Htoo Win. "It says it will be happy to meet our representatives on Sunday, 27 March."

The meeting, visibly buoyed by the report, does not take long to choose a mission as well as to fix the time and venue.

The delegation, dubbed the Delegation for Ethnic Unity (DEU), is to be headed by Khaing Soe Naing Aung, Vice Chair of the ALP. Members include Padoh Kwe, Yebaw Than Gay, Saw Kyaw Nyunt, Dr Lian, Dr Sui Khar and Mi Su Pwint.

(According to reports that came out after the meeting at Khum Phucome, 09:00-12:30, on Sunday, it had focused on the holding of another all EAO conference in the near future, and that the two sides will meet again in April to discuss the matter further.)

Next on the agenda are presentations made by the EAO JMC, headed by Dr Sui Khar and the EAO UPDJC, headed by Padoh Kwe, of their respective work plan for 2016. The following are the extracts:

§  The JMC, that had so far formed 2 JMC-Ss (in Shan State and Tenasserim) will continue to form the remaining JMC-Ss (State level) and JMC-Ls (Local level)
§  The UPDJC, meanwhile, will be holding public consultations at state and ethnic levels on different dialogue issues. It will, together with other UPDJC members from the government and political parties blocs, also be making preparations for the next Union Peace Conference, or the UPC#2
Other items on today's agenda are Terms of Reference (ToR) for Liaison Offices (L.O.s), demarcation, finance, and the question of having a central steering committee.

ToR for LOs (discussion points)

§  Liaison offices were established by mutual consent following bilateral ceasefire agreements starting in 2011. Some of the EAOs, though they have yet to sign the NCA, have their own liaison offices. These offices are responsible not only for military matters, but also those that are political, social, and development.
§  On 5 March, the draft ToR for LOs was approved at the L.O meeting held in Pa-an, Karen State. It is summitted to the EAO8 Summit#2 for approval before presenting it to the JMC-U and, if further approved there, to the JICM for endorsement, before it comes into force

The draft is approved by the summit.

Demarcation (Discussion points)

§  As long as there is no demarcation between each EAO and the army, more occurrences of accusations between the two sides can be expected
§  Deployment and redeployment of forces on both sides are key questions to be considered when demarcation is being negotiated
§  Demarcation does not cover only military units and their areas of operation, but also non-military entities such as public administration, health, education, etc and areas assigned to them.
This must not be forgotten when negotiations for demarcations begin.

The summit resolves that demarcation, deployment and redeployment shall be in accordance with the provisions of the NCA.

Finance

It is an area where my understanding appears to be the least, even if I say so to myself. Fortunately, the summit does not dwell long on the issue. It merely grants the work team to be formed later with the power to raise funds in accordance with the 7 point guideline laid down at Summit #1 last November.

They include, among others:

§  Multi-donorship
§  No strings attached
§  Transparency
§  Cost-effectiveness
§  Centralized fund raising

On the question of having a steering committee (a tiger with teeth and fangs, so to say), each of the EAOs comes up with a different structure and job description.

Naturally, the rest of the day is spent in presenting and reviewing each different proposed structure by the participants.

I finish the day admiring the patience that are being exercised by the chair and the MCs. No peace can ever be achieved without it, I tell myself, who can boast very little of it.

By SAI KHUENSAI / Director of Pyidaungsu Institute and Founder of Shan Herald Agency for News (S.H.A.N)
All views expressed are the author's own

Is NLD's ethnic reconciliation undertaking free from chauvinism?

Posted: 28 Mar 2016 08:37 PM PDT

As the last phase of power transition is taking place, the ethnic nationalities' armed and unarmed groups are scrambling to interact, each in its own way, with the Aung San Suu Kyi-led National League for Democracy (NLD) regime on how to push their agendas further.

From 24 to 26 March, eight of the Nationwide Ceasefire Agreement (NCA) signatory Ethnic Armed Organizations (EAOs)  led by Karen National Union (KNU) and Restoration Council of Shan State (RCSS) met in Chaing Mai, held the "Second  Ethnic Armed Organizations Summit" and released a statement, outlining on how it would go about with the peace process.

At the same time, from 21 to 26 March, the non-signatory EAOs from United Nationalities Federal Council (UNFC) were widening their political bargaining skill by participating a federalism seminar, held also in Chaing Mai.

On 27 March, for the first time since the signing of NCA on 15 October 2015, the signatory and non-signatory groups of EAOs met to find ways on how to work together to further the cause of the ethnic nationalities as a whole.

The United Wa State Army (UWSA) also hosted a meeting of the northern EAOs, from 26 to 28 March, to discuss about the peace process and the ongoing armed conflict between the Ta'ang national Liberation Army/ Palaung State Liberation Front (TNLA/ PSLF) and RCSS.

Parallel to all these, the interaction between the NLD and two major ethnic political parties the Arakan National party (ANP) and Shan Nationalities League for Democracy (SNLD) have taken place with different outcomes.

NCA signatories

The NCA signatory EAOs met in Chaing Mai, Thailand, from 24 to 26 March and issued a seven point statement which includes:

1.                  Convening the meeting of NCA signatory EAOs, together with observers and technical advisors, totalling 79 persons;
2.                  Reassessment of NCA implementation since the signing;
3.                  Welcomes the new government for its peace commitment and the EAOs readiness to cooperate:
4.                  The necessity for all EAOs to participate and be represented in the forthcoming 2nd Union Peace Conference;
5.                  Deeply believed the need for all EAOs' enthusiastic participation until agreement to form federal union is achieved through political negotiations;
6.                  The formation of EAO Peace Process Steering Team (EAO PPST); and
7.                  Pledges to adhere to the NCA and cooperate with the new regime and the Tatmadaw (Military) to implement the agreement.

UNFC

The UNFC held a six day seminar on federal constitution from 21 to 26 March in Chaing Mai, Thailand, facilitated by the Ethnic Nationalities Affairs Center (ENAC), a resource center supporting the peace process through policy development.

The discussion was said to touch upon the controversial issue of eight states and fourteen states and divisions (regions), demands of new national state-level administration, aside from being briefed by
Sai Kyaw Nyunt, a representative of the United Nationalities Alliance (UNA) political party coalition and a delegate to the Union Peace Dialogue Joint Committee (UPDJC) about federalism discussions in January's UPDJC meeting.

But the most crucial input, which the UNFC members walked away with was the approach of the ethnic struggle in a new perspective.

The amendment procedure of the constitution through peace agreement treaty delivered by David Williams seems to have dawn on many of the attendees.

He pointed out that the Section 436 of the military-drafted constitution made it impossible to be amended, for it needs to gather 75% of the union parliamentarians' vote to first sail through the first hurdle, before the amendment motion could overcome a more than 50% vote of the country's eligible electorate count, and not just the actual participating electorate, to amend it. In addition, since the Bamar would feel that giving more political power to the ethnic nationalities is tantamount to sharing its decision-making power, his paper's suggestion would be faced with rejection.

The gist of the argument is that it is legal and doable to amend the constitution through arrangement outside the constitutional setting, even if it is not explicitly written in it. In other words, a peace agreement is instrumental to change or rewrite the constitution, without having to go through the procedure written in the constitution, if it serve the purpose to end the cause of internal conflict or civil war. For the abnormal situation like civil war needs special procedure to resolve it. Therefore, to resolve the cause of war, constitutional law could be amend by making use of the peace agreement.

NCA signatories meet UNFC

On 27 March, the NCA signatory groups of eight, represented by the Delegation for EAO Unity (DEV) headed by Kwe Htoo Win, KNU Secretary, and Khaing Soe Naing Aung met Khu Oo Reh, head of the UNFC's Delegation Political Negotiation (DPN) and his team met to find ways to work together, in the ongoing peace process.

This was the first meeting of signatory and non-signatory groups of NCA, since the treaty signing ceremony on 15 October 2015.

The meeting is being termed as unofficial and said that no agreement have been made.

Team leader and UNFC Secretary Khu Oo Reh said: "To be frank, it is just an unofficial meeting. We haven't made any agreement. The main thing is that we ponder on how to cooperate on various issues. We exchange views on possible future meeting and only after enough time is given, would we be able to make decision (agreement)."

UWSA held meeting

The northern EAOs comprising of Kachin Independence Organization/Army (KIO/KIA), Shan State Progress Party/Shan State Army (SSPP/SSA), TNLA/PSLF, Arakan Army (AA), Myanmar National Democratic Alliance Army (MNDAA), National Democratic Alliance Army (NDAA) and UWSA met in Pangkham (Panghsang) from 26 to 28 March, totalling 34 participants. The two point statement released at the end of the meeting agreed to negotiate with the new government as soon as possible and urged the two warring parties TNLA and RCSS to peacefully resolve the conflict, adding that if one of the party continues to prolong the conflict, the ethnic resistance forces will prevent it from happening.

ANP, SNLD and Chief Ministers' line up

As the NLD, on 28 March, made known it Chief Ministers' line up for the 14 States and Regions, the ANP demand that it be given the Chief Minister post and opportunity to form government came to naught. Consequently, the party declared that it would follow its prior decision to be an opposition, rather than work together with the NLD.

On 28 March, following U Nyi Pu's appointment as Chief Minister for the Ararkan State, U Phoe Min, Vice-Chairman of ANP and as well, Deputy-Speaker of the Arakan Parliament confirmed with the BBC that the party would stand by its previous position of going into opposition.

But SNLD, which has been a long time ally of the NLD, reportedly reject the offer to participate in union and state level administrations, stating that it has to do a lot of non-parliamentary works to push for peace process, constitutional amendment and federal union realization, it don't have enough man power to share for the administration purpose.

Sai Leik, the SNLD spokesman, when asked by the RFA recently on why his party rejected the NLD offer to participate in the union and state level governments, replied: "We have discussion with NLD and Aung San Suu Kyi personally invited us to participate in union and Shan State level administrations. We discussed this intensively with our CEC and came to the conclusion that we  were not ready to take up such responsibilities, but have sent out directive to cooperate with the NLD to our MPs in Kachin and Shan States parliamentary undertakings. We are not ready for governmental responsibility, due to our political goal, undertakings and time constraint."

Regarding the question of SNLD demand for Chief Minister post on several occasions in the past, he stressed that his Chairman Hkun Htun Oo previously said in interviews that since the Shan State parliament responsibility  has been taken by the Union Solidarity and Development Party (USDP), SNLD should be given the chance of State government administration, but never officially asked for it.

Perspective

The power transition would likely be over soon as the end of Thein Sein era is closing its chapter. But the Aung San Suu Kyi's national reconciliation government formation although enthusiastically hailed by sympathizers and well-meaning supporters is far from flawless.

The military might be parroting that it will support the democratization and multi-party system, but the scenarios suggest that it is not that rosy. Suu Kyi didn't attend the Armed Force Day or Tatmadaw Day for there had been no proper invitation, according to NLD sources, although she used to attend it several times during the last few years. Also when Suu Kyi was meeting the designated eighteen Ministers that would lead various ministries, giving suggestions on how they should go about their jobs, the military controlled Ministers of Defence, Home and Border Affairs failed to show up.

The reconciliation on ethnic front although it would seem quite promising, a closer look shows that this is really not the case.

The ANP was deeply disappointed by the NLD's appointment of its MP, U Nyi Pu and refusal to allow the demand of Chief Minster post, including the formation of the State government.

The SNLD, in contrary, politely decline the offer to be part of the Union and State administrations citing that outside of parliamentary undertakings to realize its political goal, but the reality might be its inability to secure a kind of "coalition agreement" on issues of equal status, rights of self-determination, federal union, constitutional amendment and peace process from the NLD.

As for the EAOs, the signatory and non-signatory groups are unable to reforge unity after the signing of NCA, on 15 October 2015, by the eight EAOs headed by KNU and RCSS. The UNFC refused to comply with the signing, arguing that it was not all-inclusive.

Although the EAOs are in a haste to restart the peace process and political dialogue, the interaction with the NLD regime is in a pending mode and it will be sometimes before the momentum picks up again, as the governmental transition needs to be settled first.

All in all, the mentioning of EAOs as "insurgents" by the Commander-in-Chief in his Tatmadaw Day's speech, touched the raw nerves, for they viewed themselves as representatives of their people,   demanding for their birthright self-determination and equality in a federal setup.

In addition, the reconciliation move of Suu Kyi on ethnic facet might now be marred by Bamar chauvinist tendency, in the eyes of the non-Bamar ethnic political parties, as NLD has appointed Chief Ministers for all fourteen States and Regions from its own party.

Observers said that Arakan's ANP and Shan State's SNLD, where the former came out first with 22 seats and the latter achieving second place with 25 seats, in their respective states, were not given the Chief Minister post, even NLD had won less seats.

The NLD explanation  was that it was acting in accordance with its grand strategy.

For now the political landscape is extremely convoluted and no one could really predict on how it will develop. But people are pinning their hope that somehow the new NLD regime will pull it through, surviving the 100 days honey moon, learning period of trail and error, and comes out of it in one piece, to strive for the betterment of the country.



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