Wednesday, February 3, 2016

Shan Herald Agency for News

Shan Herald Agency for News


Back to Tell’s Land (Day-6)

Posted: 03 Feb 2016 01:23 AM PST

Day 6: Wednesday, 20 January 2016

Dr Julian Thomas Hottinger
Decentralization pulls diverse peoples together. On the contrary, centralization only serves to push them apart.

Sao Yawd Serk, Chairman, Restoration Council of Shan State, speaking to foreign department officials in Bern, 18 January 2016

Today, we are honored by a scholar highly respected among groups working in Burma. Dr. Julian Hottinger is a 27 year veteran consultant for projects over conflicts in several countries, including Indonesia, Cambodia, Sri Lanka, Northern Ireland, Afghanistan and Sudan.

Again, there isn't any opportunity for me to take notes of this presentation on ceasefire implementation. But I do remember two things:

·         I've never known any treaty signed by all the groups concerned.
(Because not all parties have signed, one cannot say a ceasefire has failed.
One should not close the door to others in a nation-wide ceasefire.
The legitimacy of the ceasefire comes with its implementation: Sitting and waiting for other signatures is not a good tactic.
While time goes by, more parties will sign and therefore it is crucial not to marginalize or exclude anyone.)

·         Security Sector Reform/Disarmament, Demobilization and Reintegration (SSR/DDR) can be discussed (concurrently with other topics). But agreement can come only after agreement on political issues has been concluded (not before).

At least that's what I think he means.

At 15:00, we are in Bern again, this time to attend the presentation given by Mr. Thomas Minger, head of home affairs, on the principles of fiscal federalism.

After all these years, the only thing I know well about money is how to spend it, and maybe also saving it for the rainy day. All my life, the subject has too much been deep water for me. But perhaps this time, he manages to knock some sense into my old thick head.

Finance, according to him, is the core of federalism. The distribution of powers to different level of government will mean nothing unless it comes along with distribution of finance. Suppose Shan State is allowed to set up a self defense force, but there is no budget allocation for it, what can the Shan State government do?

He goes further to explain how the Three Guiding Principles of Swiss Federalism is being applied for fiscal matters.

The three principles are:
·         Subsidiarity
Every task shall be carried out at the lowest level possible
·         Fiscal equivalence
Each function of government should be financed at the level at which it is consumed, and decisions are taken by those who pay
·         Direct democracy
Elections/voting
People's initiatives, Referendums and Petitions

The first principle is applied in the following way:
·         Regional and local problems have to be solved at the cantonal or communal level.
National concerns meanwhile require national solutions.
·         For example, internal security is managed by cantons; national security by the confederation.

A look at the following graphic will be more lucid for both the first and second principles:



One sees that:
·         When it is general administration, the communes have more to spend than other levels. The same goes for culture, sport and leisure, and protection of the environment and spatial planning
·         But when it comes to health and education, the cantons are spending the most
·         As for national economy, finances and taxes, the top expenditures go to the confederation
·         Interestingly, the confederation and cantons (collectively) are spending almost the same amount for security

More interestingly, tax sources and maximum tax rates are fixed in the constitution by applying the third principle, direct democracy. "It means if the government wants to revise the tax rates, it can only be done by changing the constitution, which in turn can only be done through referendums," says Mr. Minger.

Which also means a citizen is required to pay his dues to all three levels of government. But how? "In Germany, all taxes are paid to the federal government, which then transfers them to the state and local governments," he explains. "But here, you pay directly to each level through your bank." (Well, when do you think we can do the same back home?)

Another particular we learn about the Swiss fiscal federalism is equalization of resources, which in plain language means rich cantons must share their wealth with the poorer ones.



According to the graphic, the minimum equalization is fixed at 85% since as many as 9 cantons are below it, a referendum was held to decide on it resulting in the resource index shown in the above graphic. "Richer cantons of course didn't like it," he reports. "But they can't very well go against the popular decision either."

So what is the average taxpayer getting out of it?
·         Free schooling
·         Security
·         Infrastructure
·         Culture ("You may think you still have to pay for the ticket to a cultural event. But what the event costs is much more than the fee you pay. That comes from your tax.")
·         Services
·         Social Security


What about health care? We are to learn about it tomorrow. 

Taming ethnic upsurge and resolving conflict need viable comprehensive concept

Posted: 02 Feb 2016 08:39 PM PST

The Pyithu Hlutaw, lower house, started on 1 February and the Aung San Suu Kyi-led NLD took over the reins from the military-backed Union Solidarity and Development Party (USDP), with the Ahmyotha Hlutaw, upper house, scheduled to take place a few days later, where the two presidential candidates from the NLD and one from the military would be selected for the voting, not later than the end of March. Most are optimistic that the change for the better is in the air.

The second parliament session was attended by 429 out of 433 MPs, as four of them were absent. The breakdown accordingly was National League for Democracy (NLD) 255, Arakan National Party (ANP) 12, Shan Nationalities League for Democracy (SNLD) 12, Union Solidarity and Development Party (USDP) 30, Ta-ang (Palaung) National Party (TNP) 3, Zomi Congress for Democracy Party (ZCDP) 1, Lisu National Development Party (LNDP) 2, Kachin State Democracy Party (KSDP) 1, Kokang Democracy and Unity Party (KDUP) 1, Wa Democratic Party (WDP) 1, individual 1, Pa-O National Organization (PNO) 3 and Tatmadaw (Military) 110.

The session elected three non-Bamar and one Bamar ethnic MPs to the Pyithu Hluttaw and Ahmyotha Hluttaw – upper and lower houses - as house speakers. They are: lower house speaker, U Win Myint of NLD , the Bamar ethnic; lower house deputy speaker, U T Khun Myat of USDP, Kachin ethnic; upper house speaker, Mann Win Khaing Than of NLD, Karen ethnic; and upper house deputy speaker, U Aye Tha Aung (ANP), an Arakan ethnic.

The majority selection of the non-Bamar ethnic nationalities to the lower and upper houses was greeted with optimism by the ethnic leaders, even though it is quite clear that the real power lies in the lower house, for the upper house doesn't count much, under the present military-drafted constitution.

Regarding the NLD's tactical move, Hkun Htun Oo, Chairman of the SNLD said: "It is good for she (Aung San Suu Kyi) has already said that reconciliation with the ethnic is needed. The ethnic nationalities should be united, isn't it? She also said that she would resolve the ethnic problematic. In line with it, it is good that ethnic are given the opportunity."

Echoing the same expression, Dr Tu Ja of KSDP said: "It is good for national reconciliation. A good step for the prospect of the future, because all must work in cooperation. The ethnic people of the states had given their votes to the NLD because they want changes in all the parliaments. This leads to the ethnic having less voice (in the parliaments). Therefore, giving space (opportunity) as much as possible to the ethnic is very good. I would say that this is the first step that has to be welcome."

While such enthusiasm and upbeat mood is in the air, in the realpolitik power equation, the ethnic as a whole is only assuming the role of a second fiddle in national political arena, for only 11 ethnic political parties with some 40 MPs are participating in the parliamentary process.

But the insignificant number of ethnic MPs doesn't mean that the ethnic nationalities don't have a say in determining their own faith, for there is such notion as "ethnic self-determination" or "ethnic group rights" that has to be taken into account.

Broadly speaking, for the ethnic part of reconciliation, implementation must be grounded on broad conceptual thinking, which must be targeted at aiming to tame the global trend of  "ethnic upsurge" that is so contagious and already wide spread in the present day Burma.

It is imperative to understand that the need for comprehensive attention to resolve ethnic conflict on a nationwide scale and accommodating ethnic self-determination aspirations are two sides of the same coin and has to be tackled together and not separately.

Recently, a new ethnic armed resistance outfit, the Tai-leng's Shan-ni Nationalities Army (SNA), entered the armed conflict arena as a new kid on the bloc, adding another one more to the existing 21 ethnic armed organizations (EAOs), as if to demonstrate the rising tide of ethnic upsurge and Burma still doesn't have enough anti-government ethnic resistance groups.

According to the 25 January Shan Herald Agency for News (SHAN) report, the "Red Shan" of northern Burma announced the formation of their armed group, the Shan-ni Nationalities Army (SNA), on social media in mid-January, amidst calls for their own state in parliament.

Described as an independent organization "not under any other group," the SNA claims to represent the Shan peoples of northern Burma. With a population estimated at 300,000, the Red Shan—translated to Shan-ni in Burmese and Tai-leng in Shan—largely live in southern Kachin State, particularly near Mohnyin and Bhamo, and in Sagaing Division.

"If the tiger has no fangs, the animals will not be afraid of it," said a retired Shan-ni soldier from Kachin State, who asked not to be named. "If the people have no guns, we will not be safe. We cannot protect our area."

He said he believes that the establishment of an armed group will give the Red Shan a more prominent role in Burma's political dialogue. A commonly held perception is that arms allow for demands to be taken more seriously at Burma's negotiating table.

Recently, the Tai-leng Nationalities Development Party (TNDP), which won one state seat in November's parliamentary election, asked the government to demarcate a Shan-ni State made up of territory within Kachin State and Sagaing Division, not to be outdone by the Pa-O and Wa that also had voiced demands for the upgrade to national-level state status.

Supporting this ethnic upsurge trend, various ethnic groups have been active in a variety of ways.

For instance, alarmed by the NLD political onslaught that produced its winning majority in Karen State left the Karen without voice in parliamentary arena, five Karen political parties agreed to prepare for a fusion during the course of the year, so that they could ward off such a political disaster for the Karen people in the future.

On 29 January, the Karen News reported that the decision to be integrated was made at an integration meeting held on the 26 January in Rangoon where 30 delegates from Plone Sawor Democratic Party (PSDP), Karen Democratic Party (KDP) and Karen State Democracy and Development Party based in Karen state and the Yangon based Karen People's Party (KPP) and Karen National Party (KNP) attended.

Speaking at the meeting, Mann Aung Pyi Soe, the vice chairman of PSDP said; "The committee for the integration of Karen parties is going to be formed composed of 30 members with six representatives from each party. This committee is responsible for the implementation of getting the five parties integrated within one year."

Also seeking to empower their political outlook in state-building, a leadership delegation from the Restoration Council of Shan State/Shan State Army-South (RCSS/SSA-S) went for a ten-day exposure trip, in January, to Switzerland, which was the first such international trip and is themed as "Power Sharing and Federalism: Comparative Experiences", according to the SHAN report.

The delegation of 14, which includes RCSS/SSA-S commander-in-chief Lt.-Gen. Yawd Serk, advisors, and members of education, health, peace, foreign affairs and anti-narcotics departments, were invited to the country by the Swiss ambassador in Yangon. It was said that they hoped to gain further insight into Switzerland's federal government system—specifically, how power is allocated between a central government and the country's 26 "cantons," or states, and "communes," or municipalities.



Khuensai Jaiyen, an adviser to the RCSS/SSA-S, said that the group is interested in "study[ing] not only about federal and state level governments, but also about local governments."
During stays in four cities—Bern, Geneva, Montreux and Murten—the delegation  met representatives from international NGOs and study Swiss departments of defence, development, economics, education and healthcare.
Khuensai, who is also a journalist apart from being the patron of  SHAN and Director of the Pyidaungsu Institute (PI), that styled itself as a provider of "impartial and independent spaces for building common understanding, resources and assistance to communities in building the Pyidaungsu (Union)", was impressed by the Swiss federalism for its power-sharing arrangement among the German spoken 63.7% of the population, French 20.3%, Italian 6.5% and Romansch (which descends from Latin used by the Romans) 0.9%.
He was particularly delighted with regards to the usage of three official languages. He recently writes in SHAN that "every place we visit, signs are written in 3 languages: German, French and English".
Meanwhile, the Ta'ang National Liberation Army (TNLA) has asked the United Nationalities Federal Council (UNFC) and the Shan State Progress Party (SSPP) to intervene to end fighting with the Restoration Council of Shan State (RCSS).


While the RCSS that signed October's nationwide ceasefire agreement claimed to have been attacked at least 10 times since November by the TNLA, the latter accused the former for expanding and intruding into its area with the help of the government troops, which was categorically denied.

"We are seeking to end the ongoing clashes. We have already informed the UNFC and the SSPP about the clashes. We requested both organizations intervene to stop the clashes with the RCSS," said Colonel Tar Phone Kyaw, general secretary of the TNLA.

Colonel Sai La, a spokesperson for the RCSS, said: "We don't want clashes. We want to be on good terms with all ethnic groups. We will be glad if the TNLA gives the green light."

But to date, the conflict lingers on and the said peaceful settlement intervention has not taken place.

While Aung San Suu Kyi thought that a token symbol of ethnic reconciliation  by placing some ethnic MPs in key government positions should be enough, ANP was not happy with the NLD in airing that it's right to form government and occupy Chief Minister post.  The ANP had won 23 seats in the state election.

And although Thein Sein stressed that his mission had been to pave way for a smooth democratic transition and anchored multi-party system, during his farewell speech, the question remains if and when the military's privileges would be curtailed and abolished that is blocking the whole democratization process.

The SNA entering the EAOs scene is also stark reminder that the armed ethnic conflict has not been resolved, but only exacerbated after four years of peace process.

The RCSS and TNLA armed clashes could also be seen as part and parcel of the ethnic upsurge, as the Ta'ang or Palaung shows increased identity awareness, territorial expansion and longed for an upgraded national status, on par with the Shan State, which it seeks to secede from.

Five Karen political parties unification deliberation is also an increased ethnic identity awareness, that has been trying to turn the lost of last election into a more formidable force and regain back political stature.

Capacity building and broadening the understanding of federalism by RCSS's Switzerland visit arranged by its foreign ministry is also an important activities that has to do with ethnic awareness.

All in all, these varying degree of ethnic awareness activities, which could be identified with ethnic upsurge is an unstoppable global trend and that needs attention and viable solution.

Successive military regimes have tried forced and institutionalized assimilation to solve the ethnic conflict but has only heightened the ethnic identity awareness.

The recent NLD's token ethnic reconciliation overtures of placing few ethnic MPs is hardly an appropriate remedy to tame the surging ethno-nationalism and it is just like a drop of water falling on a heated stone.

As for the USDP-Military clique whatever it might say, the ingrained idea of military supremacy tendency and Bamar ethnocentrism is hard to reform, if its Commander-in-Chief Min Aung Hlaing's  repetitive reiteration of the said stance is to be taken as indications.

Given such a circumstance, it is fair to conclude that while the NLD might has some form of ethnic accommodation scheme, at least judging from what it has been doing in reconciliation aspects, it still needs to open up a dialogue with the ethnic umbrella organization like United Nationalities Alliance (UNA) to exchange ideas on a wide range of policy formulation. As for the military class, so far, it is determined to be a bulwark of Bamar ethnocentrism.

This means the two Bamar political classes, the NLD and the military, still have no comprehensive accommodation plan to meet the ethnic self-determination aspirations. Besides, there is a likelihood that that national state-based federalism and federal army formation would be the bone of contention that will be hard to bridge, while the ethnic upsurge trend is gaining momentum, accelerating and on the rise.

There is no argument that the NLD and Aung San Suu Kyi need to first pass the transitional period in order to address the other pressing problems. But treating the ethnic groups as a whole as just a junior partner, worthy of only for a handout, and not open to policy consultation on par with the NLD, for the country's future is worrying and this has to be tackled.

In this sense, while the NLD should proceed its handling of transitional administrative undertakings, which is seen as political horse-trading with the military, reconciliation with the ethnic nationalities, armed and unarmed, should be worked out in tandem to be fair. For it would be a failure to dictate just the NLD policy one-sidedly, without their participation, especially where the ethnic self-determination issue is concerned.

Finally, Aung San Suu Kyi also knows what should be included in the viable solution concept that the ethnic peoples have been demanding all along.

All have already agreed and even written in the Nationwide Ceasefire Agreement, that it should be according to our unique historical background and appropriate system in forming a genuine federal union, we only need to go back on our historical treaty and documents and base our deliberation in overcoming the constitutional crisis, that has existed since independence.

These historical treaty and documents are none other than the 1947 Panglong Agreement, 1948 Union of Burma Constitution, and 1961 Shan Federal Proposal that was endorsed by all ethnic nationalities in Taunggyi, Shan State.


If there is real political will and this concept is taken seriously, adhering to the decades-long United Nations endorsement of tripartite dialogue, between the military, the EAOs and political parties, to have fair representation for all stakeholders, the long awaited political settlement will be at hand. Otherwise the vicious circle of conflict would go on unabated, with or without Aung San Suu Kyi.

The contributor is ex-General Secretary of the dormant Shan Democratic Union (SDU) — Editor

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