Shan Herald Agency for News |
- Two Shan, Burmese academics recommend domestic peace facilitator
- State level charter review committee formed
- “Trust destroying issues must be removed”
- Government peace broker: It’s liberalization, not transition
- All shook up, but it’s not Elvis
- Govt peace broker meets Shans
- President’s 8 point peace guideline quietly shelved
- Paper: State/regional govts “undergoing significant change” but not enough for resistance groups
| Two Shan, Burmese academics recommend domestic peace facilitator Posted: 27 Sep 2013 03:31 AM PDT  The 21 page working paper "Ceasefires sans peace process in Myanmar: The Shan State Army, 1989-2011" prepared by Samara Yawnghwe and Tin Maung Maung Than note the new ceasefires initiated by the Thein Sein government, "a shift from direct military rule," are different from those during the 1989-2009 period. They, says the paper:
The paper also notes positive developments — the formation of the Myanmar Peace Center (MPC) on 5 November 2012 by the government as well as the Working Group for Ethnic Coordination (WGEC) in June 2012 by ethnic armed groups and civil society organizations. It sees the presence or absence of the following 4 key factors will affect the eventual success or failure of a peace solution. "Analyses of the ceasefire processes of the past as well as current problems highlight the need for the two sides to be convinced that: (1) a military solution is not possible (2) a neutral, trusted third party facilitator of domestic orgin could help manage distrust and negotiate compromise between the parties (3) centralized political will for peaceful change must be present; and (4) promises need to be kept Another recommendation is that "For a genuine peace process to evolve successfully, the state and the army must appear to be obviously separate," because inhabitants of war zones "consider national government and the army to be the same enemy." The paper also draws attention to one blemish in the peace process: "At this time in Yangon itself, there is little awareness among the general populace regarding the situation in the border areas. Public pressure on the government to negotiate is therefore quite low." The Shan-Kayah-Mon Trustbuilding for Peace forum held in Taunggyi, 21-23 September, included participants from Lawyers Network, National League for Democracy (NLD), All Burma Students Democratic Front (ABSDF), Democratic Party for New Society (DPNS) and 88 Generation Students, all of whom had called for amendment of the 2008 constitution to pave the way for the emergence of a "Genuine Federal Union". For more details, please visit: http://www.rsis.edu.sg/NTS/resources/research_papers/MacArthur_Working_Paper_Yawnghwe.pdf. |
| State level charter review committee formed Posted: 27 Sep 2013 03:30 AM PDT The committee held its first meeting yesterday, 25 September. No details have been disclosed at the time of this reporting. The formation of the state level committee follows the formation of the Union level 109 member committee in July. The members include:
It is believed that other states and regions have also formed their own review committees. Common demands from the populace so far include: Election of the state/region chief minister by the state/region legislature (and not by the President as stipulated in the constitution), Freedom of the Shan State government from the overlordship of the Union home ministry and more say in financial matters. |
| “Trust destroying issues must be removed” Posted: 27 Sep 2013 03:28 AM PDT According to her, "trust destroying issues must be removed in order to build trust." The issues are: Suspicion and doubt, Information, Military Strategy, Power Bargaining and Uniteral Imposition of rules and laws unacceptable to the people.  (Photo: SNLD) "When a person known for cheating and broken promises embarks on a mission, it is human nature to doubt him," she said. "The social contract between the people and the government has been damaged for so long it is necessary on the part of the authorities to adopt a policy of transparency in order to overcome suspicions." The following is a gist of what she recommends on other issues: Information The people must be informed there will be no return to the military dictatorship. Articles in the constitution allowing the military to seize power must also be amended in order to further convince them Military Strategy Ceasefire and Political Dialogue must not be used for containment, time-buying and first strike advantage. The National Defense and Security Council must assure the people of its commitment and accountability by signing the ceasefire and political agreements Power bargaining Not to misuse executive, legislative and judicial authority to pressure others to accept the government's terms Imposition of unacceptable framework and laws This has been done in 1947, 1974 and 2008. It was naturally followed by demands for amendments, removal and substitution of the said constitutions She stated a number of articles such as Article 6 (f) which places the military in the leading role of the country's politics that are "obstacles to the union and democratic systems." SHAN unfortunately was unable to further interview her. But, both for SHAN and the readers' sake, it hopes she will be present in similar gatherings to present her views and that of the MIPSS. |
| Government peace broker: It’s liberalization, not transition Posted: 27 Sep 2013 03:27 AM PDT This is the second time he has commented on the current political space in Burma. The first time was at the Shan-Kayah Trustbuilding for Peace forum held in Lashio last March. "As the change has been initiated by those in power, there are safeguards," he had warned his audience calling for a re-write of the country's constitution. "The complete change that everyone wants, understandably, is not in the design." Interpreting "liberalization" as opening of political doors, he agrees that the space has widened. "Still the structural change is very slow," he said. "Thus if it is not handled properly, it can lead to confrontation. On the contrary, if it is handled properly, it may lead to a new culture and transition." "Whether or not there will be a military coup again which does not depend on what is written in the constitution," he reminded his listeners. "A coup can be staged, even though it is not allowed by the constitution." He counsels improved civilian-military relations and cooperation for a transition to take place. "Free and fair elections," he said. "They will, to a considerable extent, depends on relations and cooperation with the military." He urged that participants to make plans for as far as 2020. The 3-day forum that ended yesterday came out with a 5 point call: Nationwide ceasefire, repeal of unlawful associations act and non-democratic laws, genuine federal union, a union conference based on Panglong spirit and the amendment/re-write of the 2008 constitution. Col Saw Lwin, one of the leading organizers of the forum, told SHAN the next forum would not just be among the non-Burman ethnic forces but with the democratic forces. "I think the 3 forums held so far have proven that we all want peace and a federal democracy," he said. "Now it's time to discuss how we are going to bring them about." |
| All shook up, but it’s not Elvis Posted: 27 Sep 2013 03:25 AM PDT Although the main discussion topics were Democracy, Federalism, Peace and the 2008 constitution, several discussants including Ko Ni, who came into prominence by his recent bestseller "How to amend the constitution" had focused on what to do with the 2008 constitution.  Leaders posing for group photo at the Shan-Kayah-Mon Trustbuilding for Peace forum held in Taunggyi, 21 September 2013 (Photo: SNLD) "Whether the 2008 constitution is democratic or not can be determined by answering two questions," he said:
To the first question, his answer was that it was clear the people's wishes and participation was never taken into consideration:
As for the second question, the constitution says sovereign powers belong to the people. However, it was negated by other articles:
Moreover, although the constitution stipulates that the country is a Union, the Chief Minister of each state is appointed by the President and state governments are run by the home ministry. "Chapters 4, 5 and 6 need to be amended to straighten out things," he said. A well-known and respected writer was also criticized. "The writer says amending the constitution is unpopular but more practical," he said, "That, on the contrary, re-writing it, though very popular, can lead to unwanted side effects. The military might decide to retract. Nevertheless, I'm for the second option." Senior General Min Aung Hlaing, he mentioned, during his address to Thai investors in Bangkok last week, had assured them that the reforms were irreversible. "He had invited them to invest in Burma courageously," he said. "By the same vein, I would like to invite you to present your views courageously." Ko Ni's half an hour presentation was interspersed with loud applauses from his audience. The forum is to conclude today. |
| Posted: 27 Sep 2013 03:24 AM PDT U Aung Min, Minister for President's Office and Vice Chairman #3 for the Union Peacemaking Work Committee (UPWC), will be meeting representatives from Shan and PaO resistance movements, according to Sao Yawdserk, leader of the Restoration Council of Shan State/Shan State Army (RCSS/SSA). Brig Gen Pawng Kherh, the RCSS/SSA chief negotiator, will be leading a 5 men delegation to meet him. Though he has yet to disclose the details of his message for the minister, recent clashes in northern, southern and eastern Shan State have been on his mind for the past few days, according to his close aides.  RCSS/SSA head of delegation Pawng Kherh exchanging signed copy of agreement with Naypyitaw representative U Aung Min, 16 January 2012. (Photo: taifreedom.net) The heaviest was the 4 hour fight in Mong Lang, Mong Keung township, last Tuesday, when a Burma Army captain was among the fatal casualties. "If we are going to sign a nationwide ceasefire accord," he told Gen Mutu Saypoe, President of the Karen National Union/Karen National Liberation Army (KNU/KNLA) on Wednesday, 18 September, "the foremost requirement is the full guarantee that no attack should be launched against the resistance under any pretext." A senior security official in Thailand that has been playing host to visiting Senior General Min Aung Hlaing, Commander in Chief of the Burmese military since Monday, 16 September, also expressed concern over the likelihood of resumption of war along its borders with Burma to SHAN: "First, there is still fighting despite the ceasefire," he said. "Secondly, the Burma Army, instead of withdrawing its forces facing the resistance, is steadily building up. Thirdly, their top officers meeting us, have yet to mention about the current ceasefire and peace talks efforts. Some have even gone further to call for our cooperation in subduing the ethnic armed resistance." U Aung Min announced last month that a nationwide ceasefire accord signing has been planned for late October, which will be immediately followed by negotiations for a framework for political dialogue and later the political dialogue itself. However, there are also positive developments, according to a meeting of experts in Bangkok, 16-17 September:
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| President’s 8 point peace guideline quietly shelved Posted: 27 Sep 2013 03:05 AM PDT  President Thein Sein (Photo: www.president-office.gov.mm) The guideline called on the armed resistance groups:
The conditions were just "another way of telling us to surrender," one of the ethnic leaders had exclaimed after reading them. "Now that the government has accepted the 14 point proposal for the Nationwide Ceasefire Agreement, we were told it was a matter of proprieties we don't ask whether the 8 point guideline still exists," said Restoration Council of Shan State/Shan State Army (RCSS/SSA) representative Sai Ngeun told a briefing session held in Chiangmai yesterday. The Comprehensive Union Peace and Ceasefire Agreement, formally presented by the joint Karen-Shan delegation on 17 August to U Aung Min, the government's chief negotiator, calls for the establishment of a High Level Joint Peace committee (JPC), now renamed Pyidaungsu Peace and Dialogue Committee (PPDC), he added. The PPDC, comprised of top leadership from the Government/Army, Ethnic Nationalities Armed Groups and Political Parties, "will ensure the legalization and constitutional path of the final Union Accord agreed by the Pyidaungsu Union Conference" mandated by it, according to the proposal. The two sides are reportedly still deliberating on the first revised draft of the Nationwide Ceasefire Agreement, details of which have yet to be made public. "Suffice it to say that it was based on the proposal that we had submitted," said a Karen delegate. According to the planned timeline, the Accord signing ceremony, to be witnessed by world dignitaries including Union Secretary General Ban Ki-Moon, is to be held late October. The "Nationwide" agreement will require at least 8 (out of 16 armed groups, according to government count) to sign it. So far, only the Karen National Union (KNU) and the RCSS/SSA have agreed "in principle." Meanwhile, a senior Chinese envoy visiting Burma said China did not want any groups along its border, especially the Kachin Independence Organization (KIO) to be left out, according to Harn Yawnghwe, Director of Euro Burma Office (EBO), who attended the briefing session. For more details on Comprehensive Union Peace and Ceasefire Agreement, please visit: http://www.english.panglong.org/images/docs/2013/comprehensive-union-peace-ceasefire-agreement.pdf |
| Paper: State/regional govts “undergoing significant change” but not enough for resistance groups Posted: 27 Sep 2013 03:04 AM PDT According to a research paper that was published early this month, state and regional governments created under the 2008 constitution "are undergoing significant change" but are also facing "significant limitations." "Decentralization to states and regions within current constitutional restraints," reads State and Region Governments in Myanmar, a collaboration between The Asia Foundation and the Myanmar Development Resource Institute's Center for Economic and Social Development (MDRI-CESD), "cannot provide the degree of political autonomy, security, or share of national wealth that the non-state armed groups in conflict or ceasefire with the government desire in order to agree sustainable peace agreements."  Book cover: State and Region Government in Myanmar
But while presence of partially-elected bodies is a major reform, it is also facing significant limitations:
"The restrictive for the amendment of the Constitution (that it requires more than 75% votes of the Union Assembly to make changes) suggest that the drafters intended that the current distribution of authority would be an end, rather than a starting point," the paper comments. Nevertheless there are encouraging signs, says the paper:
The MDRI-CESD is reported to be headed by noted economist U Myint. For further information, please visit – http://asiafoundation.org/resources/pdfs/StateandRegionGovernmentsinMyanmarCESDTAF.PDF |
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