Sunday, May 22, 2016

The Irrawaddy Magazine

The Irrawaddy Magazine


US Secretary of State Kerry Urges Further Reforms in Burma

Posted: 22 May 2016 02:21 AM PDT

US Secretary of State John Kerry gestures next to Aung San Suu Kyi during a photo session before their meeting at her residence in Rangoon on Aug. 10, 2014. (Photo: Reuters)

US Secretary of State John Kerry gestures next to Aung San Suu Kyi during a photo session before their meeting at her residence in Rangoon on Aug. 10, 2014. (Photo: Reuters)

NAYPYIDAW — US Secretary of State John Kerry on Sunday urged Burma's new civilian-led government to complete the Southeast Asian nation's transition to democracy by implementing further reforms to enshrine free markets, development and human rights.

Speaking with Burma's foreign minister and de facto leader, Aung San Suu Kyi, after talks in the capital Naypyidaw, Kerry pledged continuing US support for the country and hailed progress it has made since Suu Kyi's political party took office in late March after winning historic elections that ended decades of military control.

"We strongly support the democratic transition that is taking place here," Kerry said.

His visit came less than a week after the Obama administration lifted sanctions against 10 state-run companies and banks in a sweeping modification of penalties imposed while Burma was under military rule. The administration, however, left in place restrictions on trade and investment with the nation's still-powerful military. The changes are intended to spur more US investment and support economic growth under the new government, but also to encourage more reforms.

The United States waived its longstanding bans on investment and trade in 2012 after Burma began political and economic reforms, but retained restrictions on dozens of companies and individuals designated by the Treasury's Office of Foreign Assets Control because they oppose reform, or are implicated in human rights abuses and military trade with North Korea. In addition, the United States continues to ban the import of jade and rubies from Burma.

"The key to the lifting of the [remaining] sanctions is really the progress that is made within Myanmar in continuing to move down the road of democratization," Kerry said, adding, "It is very difficult to complete that journey, in fact impossible to complete that journey, with the current Constitution."

He called for the charter to be revised to fully respect civilian authority and clearly spell out a separation of powers among various branches of government as well as protect minority rights and promote inclusivity. And he said he would raise those issues with the commander in chief of Burma's military before leaving the country later Sunday to join President Barack Obama on a visit to Vietnam.

Suu Kyi said she did not believe the remaining sanctions would stay in place for long, but did not look at them as a punishment.

"We're not afraid of sanctions, we're not afraid of scrutiny," she said. "The time will come soon that the United States will know that this is no longer the time for sanctions."

Under the current, junta-era Constitution, Burma's military controls the ministries for defense, home affairs and border affairs, and 25 percent of parliamentary seats. Rights groups say stateless Rohingya Muslims and other minorities still face repression.

The treatment of the Rohingya remains a major sticking point in US-Burma ties, with the government complaining of even US officials' use the term to refer to the group, which many Buddhists inside Burma call "Bengalis." They say the 1 million or so members of the minority are mostly illegal immigrants and not a native ethnic group. In fact, the families of many Rohingya have lived in Burma for generations.

Because Burma does not officially recognize the Rohingya as an ethnic group, it denies most of them citizenship and basic rights. Conflict over land and resources in the western state of Arakan, where most of them live, caused deadly violence between Buddhists and Muslims that later spread to other parts of the country. More than 100,000 Rohingya were forced to flee their homes and now live in poor conditions in decrepit camps.

Suu Kyi, who won international admiration and a Nobel Peace Prize for her nonviolent struggle for democracy during Burma's years of military rule, has in recent years disappointed many former fans by failing to speak on behalf of the Rohingya. Despite international expressions of concern, Burma's previous military-backed government did nothing to ease the Rohingya's plight.

She called on Burma's "well-wishers," like the United States, to give the authorities time and space to deal with what she acknowledged was a problem. But she also warned against using the term "Rohingya," saying it is a sensitive matter that complicates efforts to resolve the situation.

"Emotive terms make it very difficult for us to find a peaceful and sensible solution," she said. "People should be aware of the difficulties that we are facing and give us a safe distance. … What we are saying is that there are more important things to deal with than issues of nomenclature."

Kerry agreed that the matter was a sensitive one, but said it is key to ease the crisis in Arakan State.

"The name issue is obviously very sensitive, it is divisive and I know that it arouses strong passions here," he said, adding, however, that the matter could not be ignored. "What is critical to focus on is solving the problems."

The post US Secretary of State Kerry Urges Further Reforms in Burma appeared first on The Irrawaddy.

Shan Herald Agency for News

Shan Herald Agency for News


REBUTTAL: On Secession Clause and Panglong Agreement

Posted: 22 May 2016 06:15 AM PDT

weekly_472_wansaiLately, quite a number of non-Bamar ethnic leaders and people in general were airing their opinions that the 1947 Panglong Agreement didn't mention "secession" and that it was not "all-inclusive", as only Kachin, Chin, Shan and Burma Proper or Ministerial Burma were involved and not all the other ethnic nationalities were included in the treaty.
Let us look into the said two arguments in an objective approach, so that history would be treated as it is and not as we like them to be seen or interpreted.
The first question that Panglong Agreement didn't include "secession" is only partly true and that the treaty didn't also mention "federalism" in any way.
It is true that such words were no where to be seen, but the treaty has to be viewed together with the 1948 Union of Burma Constitution, so that the whole picture of the secession issue and that of federalism  could be viewed in a comprehensive light.
After this, the second argument of the treaty not being "all-inclusive" and thus is flawed will be discussed.
Panglong Promises and Secession Clause
The 1947 Panglong Agreement underpinned the ethnic aspirations of democracy, rights of self-determination, equality and democracy, as could be seen by the three clauses included in the nine points accord.
They are:
  • The Frontier Areas will enjoy full autonomy in internal administration
  • Citizens of the Frontier Areas shall enjoy rights and privileges which are regarded as fundamental in democratic countries.
  • Financial autonomy vested in the Federated Shan States shall be maintained
In this conjunction, one of the now defunct Ethnic Nationalities Council (ENC) statements, on 12 February 2007, is also worth mentioning.
  • When the ethnic nationalities leaders met again for the second time in Panglong in February 1947, Bogyoke Aung San came to join them. He had been to London to negotiate with Prime Minister Atlee for Burma's independence, which was conditional on the unification of the Frontier Areas with Burma. Based on Aung San's promises of democracy, equality and self rule, the ethnic nationalities agreed to work together with Aung San's interim government to form the Union of Burma. Some of the historical quotations are as follows:
  • "We stand for full freedom of all the races in our country, including those so-called Karenni states…" (Aung San, 14 January 1947 – The Times, London).
  • "If the Burmese receive one kyat, the Shan will also get one kyat." (Aung San at Panglong, February 1947).
On how the inclusion of secession clause enshrined in 1948 Union of Burma Constitution came about was documented by Pangmu Shayi as below:-
  • Duwa Shan Lone recalled the exchanges that took place between the Nyaung Shwe Sawbwa (Prince of Yawnghwe) and Bogyoke Aung San thus:
  • Bogyoke: Sawbwa Gyi, let me put to rest all your concerns regarding union with Burma. Federated or not, your rights to secession will be honoured. I would strongly urge you to join hands with us to form a union after we gain independence from the British.
  • Sao Shwe Thaike: Bogyoke, we the Sawbwas and the people of Shan States have complete trust in you, but we cannot say the same about the other Burmese leaders around you.
  • Bogyoke: I am glad to hear your expression of trust in me, but let me tell you this. Do not put your trust in man. Rather, trust the constitution that we will be drafting. I can assure you here and now, that all matters such as the right to secession and other safeguards you wish included in the constitution, will be fully addressed. So please join hands with us in the Constituent Assembly where further details will be discussed and thrashed out. (Source: Kachinland News – 20 April 2015)
In short, arguing that Panglong Agreement has nothing to do with secession is only partly true, as the Shans particularly didn't feel safe and thought that they would be only changing the colonial master from  British to Bamar, which later proved to be exactly the case following the independence from the British.
As a consequence, the Shan Saohpas, also pronounced Sawbwa in Bamar pronunciation, even rejected the notion that U Aung San represented them – The Federated Shan States - by mentioning that it was not the case in a telegram sent to the British government, when in 1947, he was then negotiating for Burma's independence from Prime Minister Clement Attlee, in London.
It is not for nothing that the said Aung San-Attlee Agreement had included a paragraph below:
"It is agreed objective of both His Majesty's Government and the Burmese Delegates to achieve the early unification of the Frontier Areas and Ministerial Burma with the free consent of the inhabitants of those areas. In the meantime, it is agreed that the people of the Frontier Areas should, in respect of subjects of common interest, be closely associated with the Government of Burma in a manner acceptable to both parties."
Following this, U Aung San negotiated with the Hill peoples – Shan, Chin and Kachin –  to alleviate their doubts and angsts, the Chapter 10, Secession Clause was included in the 1948 Union of Burma Constitution.
Regarding the word "federalism" not being included in the Panglong Agreement, the inclusion of full administrative and financial autonomy, including fundamental democratic rights, for Shan States and as well the Kachin and Chin indicated that it was meant to form a political system of federal union, if not explicitly or particularly mentioned in words in the accord.
Panglong Agreement not "all-inclusive"
The treaty of Panglong signed in 1947 was between the Burma Proper, represented by U Aung San for the Burmese Government, Kachin, Chin and Shan Committees.
While understandably that the Mon, Karen, Arakan States were rejecting the treaty as not all-inclusive, for their representatives were not participating at the Panglong Conference and eventual signing of the agreement, in official point of view they are included. For all the said territories then were not yet being created as States and were included in the then called Burma Proper, which was represented by U Aung San.
In a way, this rejection is like saying, "We can't accept the legacy – meaning: being all-inclusive – for we were not at the maturity stage, when our parent's – in this case: U Aung San - signed the treaty on our behalf."
The point is an historical legacy is a legacy that could not be denied, whether we like it or not.
As for the Karenni State, its Karenni National Progressive Party (KNPP) maintained that "In 1948, it was annexed by Burma without the knowledge of Karenni Supreme Council or the consent of the Karenni people." (Source: UNPO Year Book 1997)
However, the Constitution of the Union of Burma in 1947 proclaimed that the three Karenni States be amalgamated into a single constituent state of the union, called Karenni State. It also provided for the possibility of secession from the Union after 10 years.
In conclusion, to do justice to the history, Panglong Agreement could be said to tacitly include Secession Clause and was all-inclusive, in a legal sense, so to speak.
DOCUMENTS RELATED TO SECESSION & AUNG SAN-ATTLEE AGREEMENT
CHAPTER X
RIGHT OF SECESSION
(1948 Union of Burma Constitution)
  1. Save as otherwise expressly provided in this Constitution or in any Act of Parliament
made  under  section  199,  every  State  shall  have  the  right  to  secede  from  the  Union  in
accordance with the conditions hereinafter prescribed.
  1. The right of secession shall not be exercised within ten years from the date on which
this Constitution comes into operation.
  1. (1) Any  State  wishing  to  exercise  the  right  of  secession  shall  have  a  resolution  to
that effect passed by its State Council. No such resolution shall be deemed to have been
passed unless not less than two-thirds of the total number of members of the State Council
concerned have voted in its favour.
(2) The Head of the State concerned shall notify the President of any such resolution passed
by the Council and shall send him a copy of such resolution certified by the Chairman of
the Council by which it was passed.
  1. The President  shall  thereupon  order  a  plebiscite  to  be  taken  for  the  purpose  of
ascertaining the will of the people of the State concerned.
Repealed Laws
  1. The President  shall  appoint  a  Plebiscite  Commission  consisting  an  equal  number
of  members  representing  the  Union  and  the  State  concerned  in  order  to  supervise  the
plebiscite.
  1. Subject to the provisions of this Chapter, all matters relating to the exercise of the right
of secession shall be regulated by law
(Source: 1948 Union of Burma Constitution)
Part of Aung San -Attlee Agreement (27 January 1947)
  1. Frontier Areas
It is agreed objective of both His Majesty's Government and the Burmese Delegates to achieve the early unification of the Frontier Areas and Ministerial Burma with the free consent of the inhabitants of those areas. In the meantime, it is agreed that the people of the Frontier Areas should, in respect of subjects of common interest, be closely associated with the Government of Burma in a manner acceptable to both parties. For these purposes it has been agreed: -
(a) There shall be free intercourse between the peoples of the Frontier Areas and the people of Ministerial Burma without hindrance.
(b) The leaders and representatives of the peoples of the Frontier Areas shall be asked, either at the Panglong Conference to be held at the beginning of next month or at a special Conference to be convened for the purpose, to express their views upon the form of association with the Government of Burma which they consider acceptable during the transition period: whether –
(I) by the appointment of a small group of Frontier representatives to advise the Governor on Frontier affairs and to have close liaison with the Executive Council; or
(II) by the appointment of the Frontier Area representative as Executive Councillor in charge of Frontier affairs;
or
(III) by some other method.
(c) After the Panglong meeting, or the special conference, His Majesty's Government and the Government of Burma will agree upon the best method of advancing their common aims in accordance with the expressed views of the peoples of the Frontier Areas.
(d) A Committee of Enquiry shall be set up forthwith as to the best method of associating the Frontier peoples with the working out of the new Constitution for Burma. Such Committee will consist of equal numbers of person from Ministerial Burma, nominated by the Executive Council, and persons from the Frontier Areas, nominated by the Governor after consultation with the leaders of those areas, with a neutral Chairman from outside of Burma selected by agreement. Such Committee shall be asked to report to the Government of Burma and His Majesty's
Government before the summoning of the Constituent Assembly.
{Source: Aung San-Atlee Agreement (27 January 1947)}