Tuesday, March 22, 2016

Shan Herald Agency for News

Shan Herald Agency for News

SNDP chief says merger with Shan rival unlikely

Posted: 22 Mar 2016 07:23 AM PDT

Sai Ai Pao, the leader of the Shan Nationalities Democratic Party (SNDP) says that it is very unlikely that his party will merge with their rival Shan party, the Shan National League for Democracy (SNLD), due to political differences.

The Shan Nationalities Democratic Party
(SNDP) executive committees- Photo SNDP
Sai Ai Pao, previously served as the General Secretary of the SNLD, which won the second largest number of seats in the 1990 election, the results of which were ultimately annulled. 

The party Sai Ai Pao now leads, the SNDP, was formed in 2010 by a group that consisted of many former SNLD members at a time when much of the SNLD party leadership including the party chairman Khun Tun Oo and the general secretary Sai Nyunt Lwin, were serving lengthy prison sentences.

Sai Ai Pao, who served as the minister of Forestry and Mines in the outgoing Shan State government, claimed that problems arise when two or three parties merge into a single party.  He cited the internal struggles currently plaguing the Arakan National Party, a party created following the merger of the Arakan League for Democracy and the Rakhine Nationalities Development Party (RNDP).

"Why doesn't each party just work on its own way," Sai Ai Pao said. "When they reach the parliament level we can then unite and work together."

"I think, in that way, it will work out well," he said.

In 2014, many Shan people called for the two major Shan armed groups to combine into one single Shan State Army (SSA).  Similar calls were made for the two major Shan parties, the SNLD and the SNDP, to merge to become one single party.  This did not happen however. 

Because the two main Shan parties were unable to unite, in late 2015, a new Shan party, the Eastern Shan State Development Democratic Party (ESSDDP), was established.

Sai Leik, a spokesperson for the SNLD, told SHAN in February that it remains the SNDP's right to decide whether to dissolve the party or not. He maintains that the aim of setting up a political party is to work for the interests of citizens.

"We hope to hold our party conference in March or April." Sai Leik said.
"We will address this issue [merging] during the meeting. If they [the SNDP] have the will to unite, it will be welcomed by the SNLD".


Earlier this month, the committee for Shan State Unity (CSSU), a coalition of Shan armed groups, political parties and civil society organizations, of which the SNDP is a member, held its fifth meeting to discuss Shan affairs. The SNDP decided not to attend however. 


The SNDP did relatively well in the 2010 election winning a combined 21 seats in both the upper and lower houses of parliament.  At the state level in 2010 the party won 36 seats in Shan State, making it the largest regional party represented in any State or Region legislature. 


During the November 2015 election, the SNDP suffered a major electoral setback winning only a single seat at the state level.  The SNLD did much better winning 40 seats, including 12 seats in the Lower House, three seats in the Upper House, 24 seats in the Shan State parliament and a single seat in the Kachin State parliament.

BY SAI AW / Shan Herald Agency for News (SHAN)

SNLD declines NLD offer of Ethnic Affairs post

Posted: 22 Mar 2016 06:59 AM PDT

The Shan Nationalities League for Democracy (SNLD), the fourth largest party in the national parliament, has said that it rejected an offer from the incoming National League for Democracy (NLD) led government, to have an SNLD representative serve as the newly created Ethnic Affairs minister.


The Ethnic Affairs ministry's formation was announced last week by the incoming president, U Htin Kyaw, a close ally of NLD leader Aung San Suu Kyi. 


Reached for comment, Sai Nyunt Lwin, the SNLD's secretary general explained that the NLD offered him the position of minister of Ethnic Affairs but that he did not accept this offer.  Sai Nyunt Lwin did not elaborate as why to why he and his party chose to decline the NLD's gesture.


Sai Nyunt Lwin had been widely considered to be a leading candidate to be appointed one of two vice presidents but the NLD instead chose Henry Van Thio, a former military officer and NLD Upper House MP from Chin State. 

Khun Tun Oo, the popular chairman of the SNLD, indicated that SNLD would like to have one of its representatives chosen as the Shan State Chief Minister.  

Sai Nyunt Lwin tells SHAN that it appears unlikely that the NLD will allow this to happen.   

"I guess that they will choose NLD for the position," he said. 

Although the SNLD won more seats in the Shan State parliament than the NLD, Aung San Suu Kyi's party still gets to pick the Chief Minister as all of the country's chief ministers are chosen by the president.  Dr Lin Htut, an NLD MP from Lashio Township, is expected to be the next Shan State chief minister.


The SNLD won 40 seats in the 2015 elections including 12 seats in the Lower House, three seats in the Upper House, 24 seats in the Shan State parliament and one seat in the Kachin State parliament.   Although it has more seats than the NLD in the Shan State Parliament, the military backed USDP party has even more with 33.

Earlier this month the USDP flexed its muscle to ensure that its own MP, U Sai Lone Sang, was re-appointed speaker in the Shan State parliament.  This was done with the support of the unelected state parliamentarians appointed by the army. The USDP representatives and the military allies defeated the SNLD Sai Kyaw Thein. The USDP's outgoing Shan State Chief Minister, U Sao Aung Myat, secured the position of deputy speaker in the state parliament.  

BY SAI AW / Shan Herald Agency for News (SHAN)

Ministry of Ethnic Affairs: A catalyst for positive change?

Posted: 21 Mar 2016 07:49 PM PDT

As the final stage of power transfer from quasi-civilian government of Thein Sein to Aung San Suu Kyi-led National League for Democracy (NLD) regime is unfolding, the proposal to install a new Ministry of Ethnic Affairs to look after the interest of the non-Bamar in the parliament has been accepted on 18 March, while at the same time, the war in Shan and Kachin States goes on unabated.

The frustration of the Ethnic Armed Organizations (EAOs) and war weariness, coupled with the desire to live a normal life could be detected in the following statement on Friday, 18 March.

"Our armies are ready to find a real and better solution for ending the civil wars, seeing through a peace process and rebuilding Myanmar with the hope of national reconciliation by cooperating with the government of president U Htin Kyaw," said the statement from the Ta'ang National Liberation Army (TNLA), Myanmar National Democratic Alliance Army (MNDAA) and Arakan Army (AA).

The Karenni National Progressive Party (KNPP) and Kachin Independence Organization/Army (KIO/KIA) also issued similar statements, on 17 and 18 March respectively, that they welcome NLD-led U Htin Kyaw government and would cooperate to achieve peace, development and harmony in the country.

The United Wa State Army (UWSA) and  National Democratic Alliance Army (NDAA), also known as Mong La, have also aired the same sentiment in their statements.

It is clear that the military (Tatmadaw) will go on with its confrontation and offensive mode, as is proven by the recent massive deployment in the Shan and Kachin States.

The argument behind such action is said to uphold sovereignty and national unity, which are just the pretext to hide the military's real intention of maintaining political edge and ethnocentrism.

Such being the case, the question arises if installation of Ministry of Ethnic Affairs to protect the non-Bamar from injustice ranging from lack of rights to self-determination, human rights to equitable resources-sharing could be earnestly carried out.

But we should first look at the law of safeguarding the rights of ethnic nationalities promulgated last year.

Law of safeguarding national races 

Before proceeding further, it would be appropriate to note that the Burmese terminology of "Taing Yin Thar", which usually means to cover all non-Bamar ethnic groups from the majority Bamar point of view,  is also interchangeably used as "indigenous ethnic groups", "ethnic nationalities"  and  "national races".

The nine page "Law Safeguarding the Rights of National Races" promulgated on 24 February 2015 has its aim listed in Chapter 2 as follows:

1.      To obtain equal status for all national races according to the rights of the citizenship
2.      To cordially co-habit based on genuine union spirit together among national races
3.      To protect, develop and improve language, literature, culture, national symbol and historical legacy of the national races
4.      To promote improvement, development, unity, friendship, respect and helpful supportiveness  among national races
5.      To improve and develop less-developed ethnic nationalities' education, healthcare, economy, infrastructure and so on, including improvement and development of socio-economy
6.      To let national races fully enjoy the rights stated in the constitution 

The Chapter 3 mentioned the rights of the national races, which is spelled out in ten points.

It said provided the ethnic nationalities are not against the country's security, rule of law and peacefulness of the community, they are free to practice their language, literature, culture and religion.

It further said that the teaching and learning of language and literature are allowed so long as it is not affecting the country's educational law.

Other points mentioned are rights to hold cultural traditional ceremonies on special days; innovation, modernization and researching of their culture; equal rights to education, medical treatment, employment and business undertakings; rights to preserve traditional medicine from vanishing, making known and further development; and rights to preserve and protect historical legacy and so on.

Regarding representation, all ethnic nationalities have the right to be represented if they meet the population count criteria as a group, as prescribed by the constitution.

Nothing much are included other than language, literature and cultural protection. But the law does mention in Chapter 5 regarding developmental and big economic projects, including natural resources extraction that concerned departments must inform the population ahead and coordinate with the ethnic groups, but glaringly  failed to mention that their consent is needed in the decision-making process.

One positive point within this law is that the ministry could ask for cooperation from various other governmental departments and ministries if the help is needed to discharge the task of safeguarding the ethnic nationalities. And in case it is necessary, the Minister of Ethnic Affairs could file for the Union Government intervention.

Commentary on the law

Last year SHAN reported a commentary on the said law by Richard Zatu, a researcher at the Pyidaungsu Institute (PI) for Peace and Dialogue, has pinpointed some flaws as follows:

1. If the country were already a federal union, with the right of self determination for every constituent state, this law would have been superfluous.

2. How effective this law will be depends on how strictly the under par democratic 2008 constitution is being enforced. For example, the law has nothing to say about the ownership of agricultural lands and forests by the national races. But according the constitution's Article 37 (a), The Union is the ultimate owner of all the lands and natural resources above and below the ground, above and beneath the water and in the atmosphere of the Union.

3. The term " national races", at first glance, appear to include the Burman majority, but later articles show the Burmans seem to have been excluded.

4. There is nothing to assure that the person to be appointed as national races affairs minister should be a non-Burman. Also there is no answer to the obvious question: Whether a non- Burman should or should not be appointed as a minister in other portfolios if the national races affairs minister is a non- Burman.

5. The law should also have addressed discriminatory practices largely common in appointment and promotion of civil and military personnel and foreign scholarships. These discriminations have forced non-Burman intellectuals to seek jobs and residence outside the country.

6. Instead of stating that national races' mother tongues will be allowed to teach and learn at schools, it should be stated clearly that they have the right to be taught and learned during school hours.

7. Informing and coordinating with national races in matters of development projects are simply not enough. It should be stated plainly that their consent is also required.

8. A one- year imprisonment for obstructing the rights of the national races is far from being stiff, as it is highly unlikely that the offender would be a non-Burman.

9. The words "in accordance with law" and " if not against the law" are extensively used in the text.

10. We have yet to hear that the country has ratified the United Nations Declaration of the Indigenous Peoples (UNDRIP) which was adopted on 13 September 2007. It should be and the rights stipulated therein implemented, the sooner the better.

Ethnic leaders' view

Most ethnic leaders view the formation of the ministry for ethnic affairs as positive, while there are also doubts if this creation would actually be beneficial for the intended population.

"It is very good to have the Ministry of Ethnic Affairs because we need to work on national reconciliation and ethnic unity," said Tu Ja, chairman of the Kachin State Democracy Party.

Naing Han Thar, chairman of the Mon New State Party, said the ministry would forge better relations among ethnic groups.

"It's good to have this Ethnic Affairs Ministry that can build trust among all ethnics," he said.

Each of Myanmar's 14 states and regions already has an ethnic affairs minister. But the ethnic groups themselves want the most suitable one among them, and who is not a member of the dominant ethnic Bamar group, to be the national ethnic affairs minister, said Saw Than Myint, chairman of the Federal Union Party, which includes former members of 16 ethnic political parties and is influential in northern Myanmar's Shan state, according to RFA report of 17 March.

However, spokesman for Shan Nationalities League for Democracy (SNLD) Sai Leik has different opinion and told the media that as the ethnic affairs minister would only be vested with protection of language, literature and culture of the ethnic nationalities, the minister doesn't really have much say in actual political decision-making.

He said."The 2008 Constitution has clearly given every citizen the citizenship rights and equality. And as the ethnic affairs minister is not given any important task (more than that is given in the constitution), a new ministry, I consider, is not needed."

He stressed that at the same time, there is no job description on how to implement the peace process. But if internal peace and comprehensive ethnic nationalities' issues were allowed to be tackled, implementation guidelines need to be promulgated and rights to fully carry out the task has to be discussed, which means a lot still needed to be done."

Still, most ethnic nationalities are of the opinion that ending the armed conflict between the military and the EAOs as the core priority issue that needs to be handled, first and foremost.

"The most important problem in our country is fighting between military and armed ethnic groups," said Naing Soe Myint, secretary of the Mon National Party. "The Ministry of Ethnic Affairs should solve this problem first," according to a media report.

Perspective

By all means, the creation of ethnic affairs ministry is a move that has to be welcome, even if there are argument that in a real federal union setup there would be no need to have such an establishment. But the point is, we are not there yet and should accept and entertain the motto of "something is better than nothing".

NLD people are already hinting that the ministry should actively participate in the peace process, rather than just play the role of protecting language, literature and culture of the non-Bamar ethnic groups.

Myanmar Times recently reported that U Htun Htun Hein, spokesperson for the NLD ethnic affairs committee, said the ministry was needed to discuss federalism and deal with ethnic armed groups in the peace process.

"Our NLD party holds strongly to the goal of national reconciliation and serving the people according to their wishes. That means the ministry must focus on the ceasefire and peace process," Daw Khin San Hlaing, a lower house NLD MP, added.

To top it all off, on 21 March, the President-elect U Htin Kyaw, during his speech, explaining the parliamentarians on the necessity to streamline the formerly bloated ministries from 36 to 21, made an unmistakeable and important point of the newly created ministry.
He said: "Besides, we have formed the Ministry of Ethnic Affairs, by firmly holding hands with all ethnic nationalities, in unity together, which is vital for peace, harmony, development and progress including  sustainability (of the country)."

Hence, whether one like it or not, the linking of Ministry of Ethnic Affairs to the ongoing peace process is going to be a reality, which will interact with the defence, home and border affairs ministries, controlled by the military. But of course, the feasibility outcomes will largely depend on how the military will react to the policy directive of the NLD regime and its political will to deliver.

In short, this newly minted ministry could be a catalyst or game changer. So far, the military has not actually obstruct the transition, although minor glitches were present now and then, and could even be seen as being largely accommodative. So there is no reason not to believe that the to be expanded role of the Ministry of Ethnic Affairs would also be able to work in tandem with the military controlled ministries, in forging peace and harmony for the benefit of the country and people.

In a nutshell, the attainment of real nationwide ceasefire, working out political settlement, consolidation of national reconciliation and finally, building a genuine federal union have never been nearer like now in our recent past history of some fifty years.

Everyone is now hoping that the Ministry of Ethnic Affairs will play the badly needed catalyst role and change the chemistry of engagement for the better that will heightened the peace process to fruition.



People’s War on Drugs in Kachin State: Indication of Failed Policies

Posted: 21 Mar 2016 07:37 PM PDT

The creation of Pat Jasan and its 'people's war on drugs' have brought to light a number of key drug-related problems facing not only the Kachin State but also the rest of the country. Praised by some Kachin activists for finally addressing drug problems, they are also criticized by others for violating human rights and not providing any services to marginalized communities, including drug users and poppy farmers.
A staff member coaxes information from
a drug user at a drug rehabilitation center in
 Kachin State, Myanmar / Photo credit Pailin Wede
Communities in the Kachin State have launched a 'people's war on drugs'. Known as Pat Jasan ('Prohibit Clear'), a new organisation was formed two years ago to combat the worsening drug problem among the local population. The self-appointed committee decided to take law enforcement into their own hands as they feel the government is not doing enough to stop the flow of harmful drugs into their communities.
The Pat Jasan vigilantes, often dressed in military-style uniforms and armed with stick and batons, have arrested and beaten drug users and put them into forced treatment camps, and they have sent teams into opium-growing areas to eradicate poppy fields. The Pat Jasan has been praised by some Kachin activists for finally addressing drug problems, but criticized by others for violating human rights and not providing any services to marginalized communities, including drug users and poppy farmers. Most recently, their poppy eradication efforts led to open conflict with opium farmers and local militia groups.
The creation of Pat Jasan and its war on drugs have brought to light a number of key drug-related problems facing not only the Kachin State but also the rest of the country.
First, there are widespread and serious drug-related problems in Myanmar. Problematic drug use has been reportedly rampant for at least two decades, and there is little evidence to suggest that the situation is improving. Some areas in the country, especially Kachin and northern Shan States, are facing a heroin epidemic, with devastating consequences for local communities. Injecting heroin use is one of the main drivers of the spread of HIV/AIDS in the country, and HIV prevalence among injecting drug users in the Kachin State is, according to statistics released yearly by the Myanmar Ministry of Health, among the highest in the country and in South-East Asia. Scores of young people die prematurely every year of drug use problems, including overdoses, although reliable data does not exist. Problems caused by drug addiction within families and communities have never been more acutely felt. According to a representative of a Kachin civil society organisation: "More Kachin people have died of drug-related problems than because of armed conflict."
Second, current policies to address these problems are clearly failing. The response by the central government and local authorities to this tragedy is very inadequate. The current legal framework focuses on arresting and criminalizing drug users. Arrests conducted by law enforcement agencies mostly target drug users or small-scale dealers. In contrast, very few major traffickers, corrupt officials or militia leaders involved in the drug trade are ever prosecuted. As a result, a very large part of the prison population in Myanmar, especially in northern regions, consists of drug users.
Drug treatment facilities, too, are largely insufficient. There are only two public hospitals offering drug detoxification services for the entire Kachin State – in Myitkyina and Bamaw, and not a single government-run rehabilitation centre is operational at present. Overall, the weakness of the national response starkly contrasts with the enormous show of opportunism and business priority that are deployed to exploit the rich natural resources of the Kachin state, including jade, timber and gold.
Third, there are many links between drugs and the continuing conflict in the country. After decades of civil war, many conflict actors rely on the drug trade to finance their armies and operations. Corruption is a big problem in Myanmar, and many representatives of government agencies and the Tatmadaw also profit from the drug trade. In consequence, drug producers and traffickers appear to have been given a free hand by the authorities.
Myanmar government officials privately admit that several Tatmadaw-supported militias are heavily involved in amphetamine and heroin production and trade. However, their relationship with the Tatmadaw, whose priority is security and not drugs, makes these militia groups untouchable. Many of these militias have no other political objectives than to maintain the status quo and continue with their businesses. Some of their leaders have even been elected into parliament in the 2010 and 2015 general elections.
At the same time, there has been a tendency to blame ethnic armed opposition groups for the drugs trade, some of which have strong anti-narcotics policies and who are calling for federal reform, based on democratic principles, to resolve the country's social and political problems. This marginalization of those calling for reform has greatly frustrated local communities and raised serious questions about the sincerity of central governments to address the country's drug problems, listen to ethnic nationality grievances and aspirations, and achieve a sustainable peace.
Against this backdrop of failure, communities in the Kachin State have decided to take things into their own hands. Initiated by members of the Kachin Baptist Convention, the Pat Jasan was set up. But the movement has rapidly gained momentum and is now gathering support way beyond its KBC start. Its popularity is the result of long-time accumulated frustration and anger endured by communities living in the Kachin State over neglect and ineffective drug policies.
Supporters of the Pat Jasan movement are happy that finally someone is taking action against the drug problem in the Kachin State. However, without addressing the root causes of problematic drug use, production and trafficking in the Kachin State and country as a whole, the problem is unlikely to go away. Blaming and targeting the weakest links in the drug trade – marginalised drug users and opium farmers – is also problematic as these people need social support rather than punishment. It will not solve the underlying crisis. Punishing them will only push them into further misery and poverty. Instead, it is time that the government and other concerned actors start targeting those really controlling and profiting from the trade: i.e., the larger traffickers and those who support them.
In the field, the problems do not end here. In recent months, the militant activities of Pat Jasan have risked creating new conflicts among the local population. In particular, Shan communities in the Kachin State have complained that the arrest of members of their community by ethnic Kachin Pat Jasan members, and sometimes handing them over to the armed opposition Kachin Independence Organisation, is feeding into existing tensions between Shan and Kachin communities. At this critical period in the country's history, this is a very sensitive issue that needs to be handled carefully. As Myanmar's political transition continues, it is important to promote peace and inclusion rather than aggravating community grievances and conflicts.
In summary, among the many challenges facing the country today, it is now vital to acknowledge the magnitude of the drug use epidemic in the Kachin State and other northern regions, and to develop a set of policies that will match the severity of problems caused by drug use and production. To be successful, such policies should be made in consultation with affected communities, who include drug users themselves and impoverished poppy-farmers growing opium as a means to survive.
A real debate also needs to be held around the different strategies that can be adopted to tackle the detrimental problems caused by drug use and production. After decades of the international 'war on drugs', a growing number of countries are moving away from this one-dimensional approach and are recognizing that strategies merely based on repression have actually failed to produce results and only made matters worse. Most recently, the United States of America, which has long led this international endeavour, has begun considering different approaches to drug control because of this history of failure. Therefore, as international strategies change, the question is whether another 'war on drugs' in the Kachin State, launched out of frustration, is really the best option.
The encouraging news is that there are alternative methods that have proved effective in addressing the most serious problems caused by drug use and production. Many countries have already introduced them with success, and there are many experiences and materials available that can be learned from. In general, such policies consist of placing the focus of interventions on supporting the most vulnerable – the drug users and small-scale impoverished farmers – rather than punishing them, while police and judicial efforts are re-directed on dealing with major drug-related offences.
Based upon these experiences, what will be needed at the community level in Myanmar in the coming years is the provision of effective treatment and services for drugs users in different parts of the country, which are voluntary, based on needs and respect human rights. Similarly, as most opium-cultivating communities grow poppy as a livelihood strategy, the development of their communities should be prioritized rather than arresting individuals and destroying their livelihoods.
In short, the drug crisis in the Kachin State is an urgent warning of the failures of anti-narcotic policies in the past and a wake-up call for inclusive, informed and reflective actions that are in partnership with the local peoples in the future.
This commentary is part of a project funded by Sweden.
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