Thursday, August 11, 2016

The Irrawaddy Magazine

The Irrawaddy Magazine


Environmental Activists Protest Proposed Site of Shan State Parliament

Posted: 11 Aug 2016 07:22 AM PDT

 Trees marked with red Xs at the proposed site of a new parliamentary building in Taunggyi, capital of Shan State. (Photo: Living Earth Green Network)

Trees marked with red Xs at the proposed site of a new parliamentary building in Taunggyi, capital of Shan State. (Photo: Living Earth Green Network)

Environmental activists have launched a campaign to stop the government from cutting down more than 80 trees in order to build a new parliamentary building in Shan State's capital Taunggyi.

The budget for the new state parliamentary building was approved last year, because the current structure was too small to house the 136 state lawmakers.

The plan had not been officially released but Taunggyi-based environmentalist Cherry Kyaw, who chairs the local Living Earth Green Network, said she had heard about it from confidential sources.

"The area is being measured and almost all the trees are being marked with red Xs, both the aged-trees and the young ones," she said.

The activists said they object to building on the site because it has become a "landmark area" in Taunggyi.

"We don't want any trees cut, big or small. It will completely destroy the environment. This is the only place where large numbers of trees are being conserved. We cannot accept losing our environment," she told The Irrawaddy.

"Taunggyi residents are not objecting to the construction of a new parliamentary building, but they should choose another venue," Cherry Kyaw added.

The campaigners will collect signatures from Thursday until Sunday and then send a letter to President Htin Kyaw, State Counselor Aung San Suu Kyi, the Union and the state and division parliaments, the office of the Shan State government and the state minister for environmental conservation, forestry and natural resources.

Nang San San Aye, a Shan State lawmaker from Hsipaw Township and one of four lawmakers appointed to the tender selection committee for the new parliamentary building, said no decision had been made regarding the location and no permission had been granted to a construction company so far.

She said when the committee received proposals for four different locations for the building in June, the committee suggested choosing one of the other locations and leaving the trees in place.

The post Environmental Activists Protest Proposed Site of Shan State Parliament appeared first on The Irrawaddy.

Burma’s Trade Volume Dips, Amid Concerns Over Exports

Posted: 11 Aug 2016 07:15 AM PDT

Agricultural workers rest by bags of rice that are waiting to be transported from a local mill in Kyaiklat, Irrawaddy Division, May 24, 2012. (Photo: Reuters)

Agricultural workers rest by bags of rice that are waiting to be transported from a local mill in Kyaiklat, Irrawaddy Division, May 24, 2012. (Photo: Reuters)

RANGOON — Burma's total trade volume has dipped in the first four months of this fiscal year since April compared to the same period last year, alongside a reduction in its trade deficit, while government plans to boost exports face strong economic headwinds.

These headwinds—which industry leaders speculate may frustrate export growth and widen the deficit in the short-term—include very low oil and gas prices, a ban on raw timber exports, attempts to reduce raw jade sales (to promote value-added processing), and shortfalls in agricultural production caused by extreme weather, particularly flooding.

The total trade volume between April and the end of July was worth US$8.071 billion, with $3.275 billion in exports and $4.79 billion in imports, leaving a deficit of $1.5 billion, according to figures from the Ministry of Commerce.

During the same period last year, the total trade volume reached $8.8 billion, with $3.336 billion in exports and $5.486 billion in imports, leaving a deficit of $2.15 billion.

Ministry of Commerce director Myint Cho cited the effects of catastrophic floods in July and August of last year, which laid waste to a proportion of Burma's paddy fields, in lowering exports. He expected a future rise in imports as foreign investment projects heighten demand for certain materials.

While the government continues to express worry over the trade deficit, Commerce Minister Than Myint has announced plans to triple exports during the term of the current government up to 2020.

In pursuit of this goal, he said the government would target the agricultural sector, small and medium enterprises, and re-export items (goods imported into Burma and re-sold to third countries).

Myat Thin Aung, chairman of the Hlaing Tharyar industrial zone in Rangoon, said that unpredictable weather patterns in Burma may hamper efforts to boost agricultural production, citing the flooding of last year, which has been repeated on a less devastating scale during the current rainy season.

He believed adverse weather would further the trade deficit, given the longtime centrality of the agriculture in Burma's economy. He also cited low oil and gas prices, the ban on timber exports and efforts to reduce raw jade exports as drivers of the deficit.

Oil and gas, jade and agriculture products are Burma's major export items, while its chief imports are home appliances and raw industrial materials—now servicing record levels of foreign investment.

"The export volume will definitely decline this year, so I expect the trade deficit will be bigger than last year," Myat Thin Aung said.

The Ministry of Commerce said it anticipates a total trade volume of $32 billion this fiscal year up till March 31, 2017, although this forecast may be downgraded if current flooding worsens and Burma is hit by more extreme weather. Much of the increase is expected to consist of imports, as foreign investment continues to enter Burma.

Last year, according to the ministry's figures, the total trade volume reached $26 billion, with a deficit of $5 billion.

Burma's total trade volume increased steadily year on year after political and economic reforms were launched under former President Thein Sein in 2011. However, in 2015, the last year of Thein Sein's term, the trade volume leveled off, leaving some observers concerned.

The post Burma's Trade Volume Dips, Amid Concerns Over Exports appeared first on The Irrawaddy.

Suu Kyi’s Rushed Peace Conference Worries Ethnic Leaders

Posted: 11 Aug 2016 05:56 AM PDT

Ethnic representatives during the seventh round of official talks on a nationwide ceasefire with government negotiators in Rangoon, March 2015. (Photo: JPaing / The Irrawaddy)

Ethnic representatives during the seventh round of official talks on a nationwide ceasefire with government negotiators in Rangoon, March 2015. (Photo: JPaing / The Irrawaddy)

State Counselor Aung San Suu Kyi's announcement that the Union Peace Conference would take place on August 31 has given rise to lingering questions, concerns and hesitation among ethnic armed organizations.

Ethnic leaders have said there should be proper preparation before the conference and that Suu Kyi should clarify the agenda and which representatives would be in attendance. Some have stated that it is too early to hold a national level conference, and that Suu Kyi needs to hold further negotiations with ethnic leaders.

Nai Hong Sar, a spokesperson for United Nationalities Federal Council (UNFC)—an alliance of nine ethnic armed organizations—told The Irrawaddy that there are numerous questions the group wants to raise prior to the conference. The UNFC has not yet decided whether it will join the conference.

"We want to know whether all of the ethnic groups will be included and whether she [Suu Kyi] has thought about the groups that didn’t sign the NCA—not only us [the UNFC], but also the Wa and Mongla groups. We will attend if we are clear on these points," said Nai Hong Sar.

It is unclear at this point whether non-signatories to the nationwide ceasefire agreement (NCA) will be able to join the conference and in what capacity. Ethnic sources have said that non-signatories would be able to observe the conference but not participate in discussions.

Nai Hong Sar said the decision to join would be reached after a two-day meeting between UNFC representatives and a government peace negotiation team, beginning in Rangoon on Friday.

"We asked for all-inclusion and a tripartite meeting. We will discuss the framework review. If they can clarify and settle these points, we will participate. If not, we will need to think about it," said Nai Hong Sar.

Khu Marko Ban, an author and longtime observer of ethnic politics and the democratization process, said there are many preparations to undertake before a major conference can take place.

"I don't know for sure how [Suu Kyi] will hold the '21st Century Panglong Conference,' but it should reflect the spirit of the 1947 Panglong Agreement because that is the lifeblood of the country," said Khu Marko Ban.

The Panglong Agreement was signed by the soon-to-be indepedent government—led by Suu Kyi’s late father Gen Aung San—and ethnic Shan, Kachin, and Chin leaders in 1947 and it granted autonomy to some of the country's main ethnic minority groups. Less than a year after its signing, Gen Aung San was assassinated and the agreement was never realized, plunging the country into decades of civil war.

Khu Marko Ban stated that the conference would be misleading if it followed the peace process laid out by the Union Peace Dialogue Joint Committee, which was founded under the former quasi-civilian government.

"Stakeholders should talk and make plans before the conference. It should not just be based on the UPDJC arrangement, which some worry just drags ethnic leaders along without properly including them," he added.

Some ethnic leaders said they were concerned that acceleration without first laying sufficient ground work would threaten the safety of civilians in warn-torn areas of the various ethnic states.

They also claimed that Suu Kyi was following a peace process based on the NCA, an agreement designed by the former government.

"She hasn't even modified the peace process," said an ethnic leader who asked to remain anonymous.

Suu Kyi’s peace process is viewed by ethnic armed group leaders as a top-down approach, as she didn’t seek consultation or approval from them before scheduling the Union Peace Conference.

Her announcement leaves many ethnic armed group leaders—especially NCA non-signatories—hesitant to join the conference, while others worry that they will be left behind if they do not join.

The post Suu Kyi’s Rushed Peace Conference Worries Ethnic Leaders appeared first on The Irrawaddy.

Lawmakers Demand Revamp of Anti-Corruption Measures

Posted: 11 Aug 2016 03:04 AM PDT

Burma's Lower House of Parliament in Naypyidaw. (Photo: JPaing / The Irrawaddy)

Burma's Lower House of Parliament in Naypyidaw. (Photo: JPaing / The Irrawaddy)

RANGOON — After a two-day debate in the Lower House of Parliament on an anti-corruption proposal, the house speaker ordered the Bill Committee on Wednesday to review Burma's anti-graft law.

The proposal urging the cabinet to take a stronger line on deep-rooted corruption in the country was submitted on August 2 by Than Win, who represents Rangoon's North Okkalapa Township. Thirty-two lawmakers registered to debate it.

Burma's current anti-graft law, enacted in August 2013 under the government of former President Thein Sein, mandated a new commission, which was formed six months later with 15 members appointed by Thein Sein. Mya Win, a former major-general in the Burma Army, was appointed chairman, prompting objections from opposition lawmakers of the National League for Democracy (NLD).

During the two-day debate in the Lower House, lawmakers highlighted how corruption had flourished under decades of military rule. A military representative called for a mechanism to monitor politicians and their family members to ensure against abuses of authority.

Nay Myo Tun, representing Rangoon's Htantapin Township, said that, despite the enactment of well-intentioned legislation, the commission had not made significant ground in reducing corruption. He suggested the government form a new commission.

"Since the anti-graft law says that the commission's term is the same as that of the President," he said, "we now need a new commission under the elected popular government that could implement the provisions of the law in the public interest."

He also highlighted the importance of government employees respecting the anti-corruption law and of lawmakers holding authorities to account.

According to an annual index published by the Berlin-based graft monitor Transparency International, Burma is perceived as among the world's most corrupt countries, ranking 147 out of 168 in 2015.

Myint Lwin, who represents Rangoon's Twante Township, cited a succession of oppressive military regimes as the root cause, saying that only "clean government with clean leaders" could end corrupt practices.

Lawmaker Myint Tun from Sagaing Division said that corruption allows businesses to avoid taxes, encourages illegal trade and widens the gap between rich and poor.

He commented on the profound impact corruption has on Burma's economy, politics and society: "It is also one of the most challenging realities for the new government. It harms the country's reform process and its dignity the most."

He downplayed the link between corruption and low pay for government employees, saying it was related more to the sheer abundance of opportunities for bribery and other forms of corruption. He mentioned complex and excessive bureaucracy as another driver.

Alongside a need for the government to review policies and regulations, Myint Tun called for strengthening the media's right to information, which would allow the media to contribute to holding officials to account—making it harder for them to get away with past practices.

A lawmaker from Arakan State said that if national leaders failed to reduce corruption during the current "transitional" period, the public would lose faith in the government and may disengage from politics.

Lawmaker Thet Thet Khine from Rangoon focused on the effect corruption has on the country's economic development, undermining confidence among investors and fostering social instability driven by wealth disparities.

"Deep-rooted corruption will not be cured by a quick fix. It needs strategic long-term policy," she said.

Anti-corruption commission chairperson Mya Win responded that the body needed more skilled investigators in order to take effective action in corruption cases.

"Corruption happens because there are people who give bribes and people who receive bribes," he said, referencing the complicity of much of Burma's citizenry in an entrenched culture of graft. "Both sides need to change their attitude."

He also conceded that some provisions of the anti-graft law should be changed.

House Speaker Win Myint said that it was not enough to merely urge the cabinet to tackle corruption more robustly: to obtain a corruption-free society, the government, the parliament, the media and the general public should investigate instances of corruption and file complaints with the commission accompanied by evidence.

The anti-corruption commission recently announced that it had so far received more than 2,000 complaints about corruption, but it had investigated and taken action on only around 500.

Chairman Mya Win explained at the parliamentary session that the remaining complaints were not accompanied by legitimate evidence, or were related to events prior to the formation of the commission.

The ruling NLD vowed to establish a "corruption-free society" in its 2015 election manifesto, although analysts have predicted that the new government would face difficulties in reforming Burma's bureaucracy, where corrupt officials retain considerable power.

In April, in the opening days of the NLD government, Aung San Suu Kyi in her capacity as President's Office minister ordered all civil servants not to accept any gifts worth more than 25,000 kyats (US$21), an amount 10 times lower than the threshold set by the previous government. This was interpreted as a foretaste of stronger anti-graft measures to come. Expectations have been raised.

The post Lawmakers Demand Revamp of Anti-Corruption Measures appeared first on The Irrawaddy.

Floods Hit Pegu Division

Posted: 11 Aug 2016 02:58 AM PDT

Vice President Henry Van Thio meets flood victims in Pyay District on August 10. (Photo: Kaung Myat Min / The Irrawaddy)

Vice President Henry Van Thio meets flood victims in Pyay District on August 10. (Photo: Kaung Myat Min / The Irrawaddy)

Pegu Division has become the latest region hit by flooding in Burma, with more than 50,000 people affected, according to the office of the divisional government.

As of Tuesday, 177 relief camps had been opened in six townships in the division. Monyo Township was hit the hardest—with 18,000 people forced to flee to relief camps—followed by Padaung Township, citing 15,000 victims.

"There are 37 village tracts and five wards in Monyo Township and only two of the village tracts are not flooded. The river has stopped rising, but because the embankment broke, it is likely that water will continue to flow into the town," said Aye Win, a lawmaker representing Monyo Township in the divisional parliament.

More than 130 houses were wiped out by flooding near Monyo's Myit Makha village, said Aye Win.

The Pegu divisional government has supplied about 1,000 bags of rice and cash for victims in Monyo Township through the township's General Administration Department. But supplies will not last beyond August 12 and the situation will worsen if the floodwaters do not recede.

In Tharrawaddy Township, some flood victims have had difficulty getting to relief camps from their homes.

"We have been assisting victims, but donors from the Ayeyarwady Foundation only arrived today," said Saw Sarte, a priest at Tharrawaddy Church, which has been sheltering 325 flood victims from Tharrawaddy Township.

"We had to bring them from their homes by boat and then by car to get here," said the priest.

The post Floods Hit Pegu Division appeared first on The Irrawaddy.

National News

National News


Ethnic groups call for more time before Panglong amid deadlock

Posted: 10 Aug 2016 10:58 PM PDT

Ethnic armed groups are calling for more time before holding decisive peace negotiations in Panglong, referring to the preparations geared to meet the August deadline as rushed.

Depression forms over Bay of Bengal, raising warning

Posted: 10 Aug 2016 10:57 PM PDT

The Department of Meteorology and Hydrology has raised its storm alert warning level to "orange" as a low-pressure area over the Bay of Bengal intensified into a tropical depression this week.

Rakhine party pledges to take up opposition mantle

Posted: 10 Aug 2016 10:57 PM PDT

An ethnic minority party is seeking to position itself as the democratic opposition to the ruling National League for Democracy in parliament. The Arakan National Party, the most successful ethnic party in last November's election in terms of seats won, says it will criticise the government and the NLD, both in parliament and outside.

1949 Registration Act employed to detain overnight visitors

Posted: 10 Aug 2016 10:57 PM PDT

Sixteen people, including a number of Muslims studying the Koran, were detained in Thingangyun township, Yangon Region, after complaints to the police by local nationalists. The police were acting under a "midnight inspections" law now under review in parliament because of its use by the former military regime to suppress dissent.

Parliament debates how to end graft

Posted: 10 Aug 2016 10:56 PM PDT

Lawmakers urged the government to "tackle corruption happening across the country" yesterday after a two-day discussion on the topic.

Rakhine’s other Muslims seek liberation via identification

Posted: 10 Aug 2016 10:56 PM PDT

Like their better-known fellow followers of Islam who self-identify as Rohingya, minority Kaman Muslims are hopeful that their lives will improve under the National League for Democracy government.

Govt to launch pilot for overseas domestic workers

Posted: 10 Aug 2016 10:52 PM PDT

The government is planning to launch a pilot project aimed at protecting the rights of domestic workers from Myanmar who are employed in Thailand, Malaysia, Singapore, Hong Kong and Taiwan, an official from the Ministry of Labour, Immigration and Population said yesterday.

Representation of past conference prevails for 21st-century Panglong

Posted: 10 Aug 2016 10:47 PM PDT

U Kyaw Tint Swe, minister for the Office of the State Counsellor, said about 700 representatives are expected to attend the so-called 21st-century Panglong Conference late this month, with a roster in structure cloning previous high-level peace talks convened in January under the previous government.

CSOs urge amendment of guest registration law

Posted: 10 Aug 2016 10:37 PM PDT

Rights groups are making a last-minute appeal to parliament to amend the controversial 2012 Ward and Village-Tract Administration Law.

Students can now major in paddy

Posted: 10 Aug 2016 10:33 PM PDT

University students can now obtain bachelor's and master's degrees specialising in paddy.

Shan Herald Agency for News

Shan Herald Agency for News


Our participation at Panglong depends on Suu Kyi: TNLA

Posted: 11 Aug 2016 03:17 AM PDT

The secretary of the Ta'ang National Liberation Army (TNLA) has said that their participation at the upcoming 21st Century Panglong Conference (21CPC) will depend on Burma's State Councillor Aung San Suu Kyi.  



"We would like to hold discussions about equal rights and peace," said Tar Pong Kyaw of the TNLA. "Whether we are allowed to participate or not [at the 21CPC] will depend on State Councillor Daw Aung San Suu Kyi."

Representatives of the TNLA, the Arakan Army (AA) and the Kokang-based Myanmar National Democratic Alliance Army (MNDAA) held negotiations on Tuesday with a government peace delegation from the National Reconciliation and Peace Center (NRPC) on the issue of participation in the peace process.

The meeting was held in Mongla, the headquarters of the National Democratic Alliance Army (NDAA), on the Sino-Burmese border.

The Burmese military has officially stated that the three groups would have to pledge to disarm if they want to be included in the peace process.

TNLA's Tar Pong Kyaw said that the government delegation told them to release a statement signalling whether they wish to attend the Panglong conference.

"Because of this, we concluded the meeting without any agreement," he said.

The so-called 21stCentury Panglong Conference is slated to be held on August 31, when hundreds of delegates from the military, government, parliament, political parties and ethnic groups will sit around a table to discuss the nature of future peace talks, according to a statement on the State Counselor's Office Facebook page on Monday.

Some critics have accused both the previous government, headed by former military general Thein Sein, and the current Suu Kyi-led administration of isolating the TNLA, MNDAA and AA from the peace process.

The three ethnic militias – which are to date frequently engaged in conflict against government forces – were excluded from signing the Nationwide Ceasefire Agreement with the Thein Sein government on October 15 last year.


The United Nationalities Federal Council (UNFC), a coalition of ethnic armed groups of which the TNLA is a member, has stated that all groups must be included in the peace process.


By Shan Herald Agency for News (SHAN)

Unknown armed group arrest over 20 drug users in Namtu Township

Posted: 10 Aug 2016 08:52 PM PDT

An armed group clad in civilian clothes arrested over 20 drug users in Manjarm village tract in Namtu Township of northern Shan State last Thursday night (4 August).

Photo SHAN- The city center of Manjarm Village Tract, Namtu Township, Northern Shan State.
Over 50 people from the armed group entered the homes of the drug users and arrested them, Manjarm resident Sai Ai Loi told Shan Herald.

"The armed group clad in civilian clothes came with a list of opium users and their homes. They knocked on the door. They started arresting them at 7 pm. They took all the drug users and left the village at 10 pm. They left in the direction of Manmai. They came with a light truck and a four-wheel black vehicle. They took [the drug users] in those vehicles," he said.

Manjarm village tract comprises eight wards, over 700 households, and a population of over 4,000. Many drug users live in this village tract and they are often arrested by the armed group, Manjarm resident Par Nang said.

"An armed group often comes to arrest them in the past on charges of using and selling drugs. Some people were arrested even though they didn't use or sell drugs. Ransom money of up to 10 million kyats has been paid for their release. They spoke in Shan when they came to do the arrests. We believe they are from the SSPP (Shan State Progress Party) Brigade 1. I believe they came to correct the moral behaviour," she said. "The arrested people were those that actually use drugs."

However, the SSPP has not made any responses to this claim so far.

Currently, the number of drug users has been rising in Manjarm and Mongmu village tracts in Namtu Township and a yaba tablet can be bought for 400 kyats each.

Manjarm village tract is located 30 miles west of Lashio and 20 miles south of Namtu.

By Shan Herald Agency for News (SHAN)

The 21st Century Panglong Conference

Posted: 10 Aug 2016 07:00 PM PDT

In what could usher in a significant moment in the country's history, Myanmar is preparing for a Union Conference to be held shortly. On 24 April it was announced that the conference would take place within the next two months.1 The conference, also dubbed 'The 21st Century Panglong (21CPC)' is anticipated to be all-inclusive amongst Ethnic Armed Organisations (EAOs) as long as certain factors are met. Ironically, this all-inclusive conference will exclude civil society actors, and political parties that did not win seats in the 2015 elections. The announcement of the conference was welcomed by all sides including the eight Armed Ethnic Organisations that signed the Nationwide Ceasefire Agreement (NCA) on 15 October 2015 and those that either refused to sign it or were not invited. State Counsellor Aung San Suu Kyi was quick to point out that the Conference would be concurrent with the NCA and did not at this moment seek to replace it.

While comparisons to Panglong are inevitable with the 1947 Panglong meeting shaping the discourse of ethnic politics over the last sixty years, it is essential that a new thinking evolves to take into account the current situation. While it is important to remember that the Panglong Agreement was an essential foundation in what was hoped to be a genuine union the romanticised notion of Panglong should not be allowed to take over present realities facing the country. An essential difference between the two Panglongs is that the 1947 Panglong was a conference between equal, separate and distinct political entities – British Burma, Federated Shan States, Kachin Hills and Chin Hills - to agree to cooperate to form a new nation and seek independence from Britain, while the proposed 21CPC is a unilateral proposal by the central government to permanently end the 7-decades of internal conflict. The 1947 Conference can be described as a state-to-state conference, while the 21 CPC is a state-to-individual non-state ethnic armed organisation conference.

Aung San Suu Kyi seems intent on inheriting her father's legacy but who actually controls the process and the true role ethnic actors will be allowed to play needs further consideration.

Background to Panglong

After the advent of the British, the territory ruled by the Burman king from Mandalay became a British colony and later became Ministerial Burma (the central area, controlled from Rangoon). The independent Karenni states (Kayah) were recognized as sovereign states and placed under British protection. The numerous Shan States were later organized into the Federated Shan States and also became a Protectorate of the British Crown. The trans-Salween area (Kayin State), Chin Hills, Kachin Hills, and Naga Hills along the borders, were ruled separately from British Burma as the Frontier Areas.

For the British government, the most important objective for post-war Burma was instituting a centralised constitutional state as quickly as possible. The first blueprint for Burma, the 'White Paper' had actually been drawn up by a group of conservative MP's and approved by the exiled Governor Reginald Dorman-Smith. It recommended that the Frontier, or Scheduled, Areas, should not be included in an independent Burma unless they desired to be, stating that,

The administration of the Scheduled Areas, that is the Shan States and the tribal areas in the mountainous fringes of the country, inhabited by peoples differing in language, social customs and degree of political development from the Burmans inhabiting the central areas, would remain for the time being a responsibility of His Majesty's Government until such time as their inhabitants signify their desire for some suitable form of amalgamation of their territories with Burma proper.2

However, Admiral Mountbatten, the Supreme Allied Commander, who had taken over the actual administration of the liberated areas of the country, decided that only he could make a decision on the future of Burma and he alone was responsible for all policy decisions in South-East Asia. Mountbatten had agreed that the Aung San and Ne Win led Anti-Fascist Organisation (AFO) and the Burma National Army (BNA) should be combined with British forces, however, Aung San was insistent that he, and the AFO, should be accorded ally status.

Mountbatten requested that Dorman-Smith tell Aung San that the AFO would be considered for the then ruling Governor's Council. Dorman-Smith refused in an action which was further supported by the Chiefs of Staff who warned Mountbatten of the risks of encouraging the BNA which they instead recommended be disbanded. Despite such warnings, the BNA was recognised as the Patriotic Burmese Forces (PBF) on the 30 May.
Mountbatten put forward his decision in a directive, 'Policy towards the Burmans', 3 days later:

The guiding principle which I am determined shall be observed is that no person should suffer on account of political opinions honestly held, whether now or in the past, even if these may have been anti-British.3

Mounbatten's directive was issued without the official approval of the British government and put forward a policy in marked contrast to that of the Americans. Mountbatten had decided on his own the political future of Burma. Mountbatten's decision to support Aung San's Anti-Fascist People's Independence League (AFPIL), was opposed by former Prime Minister Churchill, Dorman-Smith and General Slim. As early as July 1945, reports regarding the AFPIL suggested that ethnic and Burman communities had disparate views in relation to the future. According to an August 1945 report:

The Anti-Fascist People's Independence League has been very active in forming local branches over most areas of Liberated Burma. It is now emerging as a Communist organisation and is an up-to-date version of the old Thakin party; it aspires to be the main political power in Liberated Burma. It is interesting to note that the Karens and the Arakanese have disassociated themselves from the movement and are endeavouring to set up their own Independence Movements.4

British officials, especially Dorman-Smith, had constantly warned Whitehall about the dangers of dealing solely with Aung San and members of the AFPIL who it was believed were not representative of the Burmese population as a whole. Pethick-Lawrence, the secretary of State for Burma, noted in a 1945 memorandum his belief that the AFPIL: …has established itself in a dominating position and claims to be accepted as speaking on behalf of Burma. There is, however, clear evidence to suggest that it has acquired this dominating position in the countryside by the menace of the armed force of the Patriotic Burma Forces and because more moderate political elements in Burma have hesitated to oppose it openly.5

In relation to Dorman-Smith's position, he writes:

The AFPIL is unquestionably an important and well-organised body which represents a body of opinion of which he shall have to take full account…But I am assured by the Governor that its claim to be able to speak for all parties greatly overstates the position and that we should make a great mistake to allow ourselves to be manoeuvred into accepting it as the voice of Burma and as adequately representing all political opinion in that country. Demands so extensive as those advanced by AFPIL could not in any event be accepted consistently with the discharge of our obligations to the people of Burma as a whole.6


Dorman-Smith frequently fought with Aung San and the AFPIL over who should be appointed to the Governor's Executive Committee and the Legislative Council. The disagreements between the two parties became so extreme that Dorman-Smith acknowledged that by October 1945 he had '…come to the parting of the ways with the "Big Three" of AFPIL (Ba Pe, Than Tun, Aung San) much to the relief of many people and to the fear of numerous others.'
Dorman-Smith was acutely aware of the fact that a number of AFPIL members, especially Thakin Thein Pe were anti-British and, in the case of the latter, practised a form of communism that was '…crude to a degree and of a kind which would make even Lenin blush.' This, he maintained, was the reason why such members were not acceptable to him even at the risk of causing major disturbances in the country.

Mountbatten had also lobbied Dorman-Smith for Aung San to have greater say in the appointment of theGovernor's Executive Council, a request that Dorman-Smith refused. While Dorman-Smith was in London attending to medical problems he was suddenly replaced as Governor, in September 1946, by Mountbatten's former deputy, Sir Hubert Rance. Rance immediately entered into discussions with various political leaders to form an Executive Council containing members of all the leading parties. Aung San, and the AFPIL which would later change its name to the Anti-Fascist People's Freedom League (AFPFL), soon dominated the council.

In December 1946, the British government sent a telegram asking for a delegation from the Governor's
Executive Council to travel to London. On receipt, the AFPFL relayed a number of requests that needed to be agreed to prior to the delegation's arrival '. . . for the purpose of concretising the following basic principles.'
  1. Interim National Government with full powers and with Governor as constitutional head.
  1. The coming general election to be held not for restoration of Government of Burma Act 1935 but for convening a Constituent Assembly for whole of Burma, free from the participation of non-Burman nationals.
  • Immediate steps to be taken from now to prepare the way for a free united Burma.
  1. A categorical declaration to be made forthwith that Burma would get complete independence within a year.7
The requests caused some apprehension in Whitehall. It was not that the Governor was too concerned about granting the requests, for the most part all had already been agreed to but rather he stated that:
'Nor am I altogether convinced by the Governor's argument that we must back up AFPFL - the very insistence of AFPFL on a concession with which to convince its adherents of its power is in itself an indication that we may be surrendering to a party that may-not be able to maintain effective control.'

Echoing predictions regarding the future of Burma under Aung San, when the PBF was finally disbanded to join the regular army only 4,700 volunteered. The rest, about 3,500, joined Aung San in forming his own country wide private army – the Peoples Volunteer Organisation (PVO) under the command of Bohmu Aung and Bo Sein Hman. According to veteran army officer Col Chit Myaing, Aung San's idea was '…to train those people and to use them as armed forces personnel, if necessary, against the British for independence.'8 Aung San's intention had always been total independence, regardless of British Commonwealth designs for the new Burmese government.

The Shans and Kachins, who were entirely under the Frontier Areas Administration (FAA) were keen to protect their independence and resented the AFPFL's attempts to organise in the hills. In discussions with British officials, Kachin representatives raised the possibility of amalgamating with China, while the Shans had wanted to become part of what was then Siam.9

In March 1946, the Shan Sawbwas (Princes) sponsored the first conference at Panglong to discuss the future of the Shan states, to which representatives of the Chin, Kachin, Karen and AFPFL were invited. Though little of any substance was achieved, an anti-British speech by U Nu representing the AFPFL was not well received and caused further consternation among the attendees.10

On 27 January 1947, an AFPFL delegation led by Aung San, but minus ethnic Karen AFPFL members, signed the Aung San-Attlee agreement in London. The Sawbwa of Nyaungshwe (Yawnghwe), Sao Shwe Thaike, representing the Shan, Kachin and Chin leaders who had met in Panglong in 1946, had already sent a telegram to Atlee stating that Aung San did not represent them. Regardless, the agreement allowed for the full independence of Burma but in relation to the frontier areas stated,

Frontier Areas

It is agreed [the] 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.

To enable this to happen Aung San went to the 2nd conference organized by the Shan Sawbwas in Panglong. Prior to the conference, on February 2, 1947, Aung San reiterated his commitment to supporting autonomy for the hill peoples, stating
As for the people of the Frontier Areas, they must decide their own future. If they wish to come in with us we will welcome them on equal terms.11

The second Panglong Conference Agreement was signed on 12 February with representatives from the AFPFL, the Shan, the Kachin, the Chin and an observer delegation, who did not participate, from the Karen. According to Tinker,
Aung San had determined to concentrate on winning over the Kachins who, living on the China border and contributing tough fighters to the new Burma Army, were in a key position. He made a pact with the Sima Duwa whereby, in return for the adherence of the Kachins to Burma, they should receive a separate State comprising the Bhamo and Myitkyina Districts, and including the low country with its Burmese population. The Chins were also promised definite material advantages, such as schools and roads, in return for their adherence. The Shan Sawbwas received undertakings regarding their status and the constitution of a separate Shan State.12

After three days of discussions and the promises of these concessions, Aung San left Panglong with the agreement of the leaders of the hill peoples (except the Karens) to enter into 'immediate co-operation' with the interim. Government. The Sawbwa of Mongpawn became Counsellor for the Frontier Areas. A Supreme Council of the United Hill Peoples, a political coalition affiliated to the AFPFL, was established with Sao Shwe Thaike as President.

The Panglong agreement provided for autonomy for both the Shan and Chin states and the future demarcation for a Kachin state. However, with the Karen, and a number of other minorities, choosing to distance themselves from the Panglong agreement it was necessary to find another solution to the ethnic issue. As part of the Aung-San Attlee agreement, it had been agreed that a special committee, the Frontier Areas Commission of Enquiry (FACE) would be set up to investigate ethnic issues in the frontier areas.

However, the commission's chairman, Lt-Col. D R Rees-Williams was only able to concentrate on about 20% of areas where many of the ethnic nationalities, including the Karen, lived. Of the eight-man commission, four were Burman. The commission was hopelessly flawed and coerced by the AFPFL who, not wishing to delay any settlement with the British, manufactured Karen agreements to those suggestions put forward at Panglong.13

While it looked, at least to some, that the ethnic issue had been resolved through the signing of the agreement by those three ethnic groups, nothing was further from the truth. Neither the Karen, Mon, nor Arakan concerns were addressed by the Panglong Conference, and the Karenni states which were never under British rule were not invited. The assassination of Aung San and his cabinet, on 19 July, was not just a major blow to the country but also to ethnic aspirations. The 1947 Burma constitution did not fully support progress made at Panglong and consequently, after a heightening of tensions between the Government and the Karen, an armed insurrection broke out in 1949.

1962 Federal Seminar

Recognising that the 1947 constitution had not addressed ethnic equality in the country, ethnic leaders once more called for the issue of federalism to be addressed. In the early 60s a federal movement, led by Sao Shwe Thaike, first President of the independent Republic of the Union of Burma in 1948, emerged in Shan State. The Federal Movement met in June/July 1961 at a minority people's conference in Taunggyi. It called for a looser 'federalised' form of the constitution with powers shared equally between the minority states and the Burman-majority areas.

They proposed a re-formed single 'Burma' with powers no different from any of the minority states. This, they argued, would guarantee both greater self-government for each nationality and prevent the monopolisation of all political and economic power by the central and majority Burman government.14

President U Nu agreed to meet with the leaders of the movement in February 1962 and a Federal Seminar was organised. On the 2 March 1962, Ne Win moved against U Nu and arrested him and all the ethnic leaders attending the seminar. According to Martin Smith, Ne Win told the Chin minister, U Zahre Lian, who had been picked up and taken to army headquarters,'Federalism is impossible; it will destroy the Union.'15

On the night of the coup U Nu, his Cabinet ministers, and the leaders of the federal seminar were arrested and most, like U Nu, spent the next five years in detention while Sao Shwe Thaike's son, Sao Myee Thaike, was shot dead while Thibaw Sawbwa Sao Kya Seng disappeared after being arrested by Ne Win's troops. Sao Shwe Thaike himself died eight months later while under military detention.

For many armed ethnic organisation leaders the failure of the 1948 Constitution to recognise the promises of Panglong and the equal rights it bestowed upon them is the reason conflict has continued. However, it is 1962, and the Ne Win Coup that many cite as the end of federal aspirations. Not since that year has there been any real attempt to recognise the equal status of ethnic states and the people who reside in them. It is hoped that the forthcoming Union Peace Conference can finally address this imbalance. However, as noted earlier, while Panglong and the Federal Seminar are pivotal points for ethnic inclusion, the new process must recalibrate to take into account a whole new set of factors.

The Union Peace Conference

The number of armed conflict actors has risen dramatically since the Federal Seminar as have the reasons for conflict. Whereas the Panglong agreement, supported by the 1947 constitution, should have, had it been truly inclusive, seen the seven major ethnic groups, the Shan, the Chin, the Karen, the Mon, the Kachin, the Rakhine and albeit belatedly the Karenni join together in a federal union with a Burman-led Government, in reality only three participated. At the moment there are at least 21 ethnic actors seeking an accommodation with the government often at differing levels and often with competing interests. So while the Panglong spirit of equality should be the basis for future negotiations, these new factors have to be taken into account.

To handle future negotiations and prepare for the Union Peace Conference, a 21st Century Panglong Preparatory Committee was formed on 30 May 2016.16 This is in turn is divided into two government sub-committees. One led by Myanmar Army official Lt-Gen Yar Pyae as chairman, Padoh Saw Kwe Htoo Win as vice-chairman, Dr Lian Sakhong as secretary 1 and Dr Min Zaw Oo as secretary 2 and is responsible for negotiating with current NCA signatories. The other is led by Dr Tin Myo Win as chairman, U Hla Maung Shwe as secretary and has seven members and is in charge of meeting with non-signatories.

The eight armed ethnic groups that signed the NCA formed a Peace Process Steering Team (PPST) and the Delegation for EAO Unity (DEU), led by U Khaing Soe Naing Aung was created to liaise with non-signatory armed ethnic organisations.

While the UNFC and non-signatories have said they are willing to work with the new peace negotiators obstacles continue to materialise. While it had been announced in April that a meeting would take place within two months and the UNFC had announced it was preparing for such talks there continue to be further concerns on behalf of the UNFC.

The UNFC had held an extended council meeting from 18 to 21 February 2016 prior to the NLD-led Government taking power. The meeting reviewed '. . . various aspects of the current political and military situations, matters relating to the federal constitution, necessary ideological principles and departmental agendas.' 17 And it was here that the organisation created a 'renovated and expanded' Delegation for Political Negotiation (DPN) with representatives from the Kachin Independent Organization, New Mon State Party, Karenni National Progressive Party, Shan State Progressive Party (SSPP), Ta'ang National Liberation Army (TNLA), Lahu Democratic Union (LDU), Wa National Organization (WNO), Myanmar National Democracy Alliance Army (MNDAA) and Arakan National Council (ANC).

The main purpose of the DPN according to a UNFC statement is to
. . . strive for the realisation of genuine peace, the inclusion of all the ethnic armed resistance organisations, in all stages of the political dialogue process, and for the emergence of tripartite dialogue.

The DPN met with the DEU at the end of March to discuss how both ethnic armed groups could work together under a NLD government. According to Khu Oo Reh,
As we discussed things off the record, there were no specific issues covered. But as it is important for unity and cooperation among ourselves – we all have the same view. We don't know how the new government will proceed with the peace process, so we cannot tell how we will proceed.18


The DPN also met with the Preparatory sub-committee 2 in Chiang Mai on 3 June 2016 according to Dr Tin Myo WinThe promising point is that they [UNFC members] would all cooperate and ultimately participate in this conference.19


According to Nai Htaw Mon, the NMSP Chairman, there still remains some uncertainty on behalf of non-signatories,The points taken from the meeting between government and DPN (Delegation for Political Negotiation) representatives are good. However, we still have many points that remain unclear. The new government group cannot state specifically regarding them yet. Therefore, we agreed to have our representatives travel to meet with the UPDJC members officially.20


Suu Kyi met with leaders of Ethnic Armed Organisations (EAOs) that had signed the NCA in Naypyitaw on 28 June and it was stated that the 21st Century Panglong Peace Conference would be held before the end of August. In an attempt to consolidate a single ethnic approach prior to the meeting, especially in relation to a federal union, the groups decided to hold an Ethnic Summit at Mai Ja Yang, Kachin State, on from 26 - 29 July. According to Kheunsai Jaiyen from the Pyidaungsu Institute, The idea for the summit came from ethnic leaders from groups such as the KIO, the RCSS, the Shan State Progress Party (SSPP) and the Chin National Front (CNF)—groups that see themselves as successors of the signatories of the 1947's Panglong Agreement, which is why they have agreed to hold the event.21

To prepare for the summit two committees were formed. The KIO's general secretary U La Nan led the preparatory committee and Khu Oo Reh chaired the summit organising committee. KNU's Kwe Htoo Win served as vice chairman 1; Maj Gen Gun Maw from the Kachin Independence Army as vice chairman 2; Col Sai La from the Restoration Council of Shan State as secretary; and Dr Nai Shwe Thein from the New Mon State Party as joint secretary.

According to Kwe Htoo Win

There are two aims for holding this ethnic armed (group) summit in Mai Ja Yang. The first aim is to prepare for the Union Peace Conference (21st Century Panglong Conference). The second aim is to obtain common views and positions of the ethnic people in building a federal union.

Once again it seems unclear as to what exactly is likely to have changed in relation to the views and objectives discussed at numerous summits during this entire process. While it is true that many previous summits including the recent one at Panghsang (see EBO Background Paper No 2/2016 -The UWSA and the future) have seen differing objectives and actors the fact that armed ethnic actors need to constantly keep meeting with each other to discuss their final goals does not bode well for a Union Peace Conference.

If the goal of Mai Ja Yang was to reignite some form of Panglong Spirit then organisations should take into account the completely different political and ethnic landscape they now face. Panglong was held at a time when the Union was in its infancy and democracy and federalism as a whole was a continuing experiment. In addition, it would appear that, as in 1947, the main player and the key to federalism remains the Government, and, behind the mask, the military. It is what they are prepared to allow that will chart the course of ethnic aspirations in what is an increasingly confusing process.

National Reconciliation and Peace Centre

To support the process the NLD-led government formed an 11-member National Reconciliation and Peace Centre (NRPC) on the 11 July, not unsurprisingly the centre is led by Aung San Suu Kyi. According to an announcement in state media on 12 July the functions and duties of the National Reconciliation and Peace Centre were,
  1. to set policies and guidelines needed for national reconciliation process,
  1. to set policies and guidelines needed for internal peace process,
  1. to set policies for coordination with local and foreign donors, governments, international nongovernmental organizations and international institutions regarding assistance to national reconciliation and peace processes,
  1. to lead and lay down guidelines paving the way to participation of the government, Hluttaw, Tatmadaw, ethnic organizations and ethnic armed groups, civil society organizations, international community and donors and local and foreign experts from various sectors in national reconciliation and peace processes,
  1. to seek ways and means for turning the Republic of the Union of Myanmar into a Democratic Federal Union, and
  1. to release procedures and directives needed for implementation of functions of the National Reconciliation and Peace Centre-NRPC.
The office appointed U Kyaw Tint Swe, minister of the State Counsellor's Office, and Dr Tin Myo Win, chairman of the Preparatory Committee for holding the 21 Century Panglong Conference, as two Vice Chairmen.

It remains unclear how these numerous bodies will function. The Union Peace Dialogue Joint Committee (UPDJC) and the two Preparatory Committees for holding the 21 Century Panglong Conference are both led by Aung San Suu Kyi with, one assumes, recommendations from the latter passed to the former for acceptance. But considering both are led by the same person, Suu Kyi, there appears to be little point in having the two separate bodies as neither are likely to disagree with each other.

To assert her control of the process Suu Kyi reorganised the UPDJC on the 28 June into an 18-member committee that included some members of the previous body coming from armed ethnic groups, political parties and the government. But the UPDJC originally had three groups of 16 members each representing 90 political parties. Its purpose was to create a framework for holding political dialogue (FPD) as part of the implementation of the NCA.22 

It has therefore been heavily reduced not only in size but also in representative power.

Speaking at a meeting with ethnic leaders on 28 June Suu Kyi stated that, The government has no secret intentions and it is clear that its aim is to create a federal Union allowing all peoples to enjoy peace and prosperity.23

On 1 July, a meeting was held between the Union Peace Conference-21st Century Panglong Preparatory Committee and United Nationalities Federal Council's (UNFC) Delegation for Political Negotiation-DPN. According to state media in his opening address, Dr Tin Myo Win, chair of the preparatory committee, said that the government was willing to give more than take in negotiations with ethnic groups in order to ensure the establishment of a peaceful federal Union.24 

That said, however, it would appear that little was decided with Khu Oo Reh telling local media,There will be a conference of ethnic armed groups held in Mai Ja Yang . . .The decision on how we will participate will be made after this conference. We will have to discuss it step-by-step.25

On 17 July, a delegation, led by N'Ban La, from the UNFC met with Suu Kyi one assumes to further clarify her position in relation to the peace process prior to Mai Ja Yang. According to Hla Maung Shwe Today's meeting mainly focused on the inclusion of ethnic groups in the Panglong Conference. Both sides cordially exchanged views. The family-style meeting could bring more trust to both sides. They [UNFC leaders] submitted some proposals. They are likely to sign the nationwide ceasefire agreement as the government side can coordinate their proposals.26

A UNFC statement released after the meeting, while emphasising that discussions centred on the 21 Century Panglong Conference, also noted, At the meeting the UNFC leadership raised its concerns over the continued war waged against the ethnic nationalities by the Tatmadaw especially along the northern border and leaders have asked for the cessation of fighting. The leaders expressed their hope that with the leadership of the State Counsellor all parties to the armed conflict would be able to declare a genuinely nationwide ceasefire.
The State Counsellor reiterated the NLD's commitment to establish a federal union. Also, she emphasized the importance of the rule of law being fundamental to both achieving peace in the nation and establishing a federal union through a constitution.

Both sides also agreed to further negotiate on approaches to the NCA and the all-inclusive peace process.27

While Suu Kyi had described the meeting with ethnic armed group leaders as "family-like" it would appear that some members of the DPN, especially Khu Oo Reh were less than satisfied.

Although, he was quoted as saying after the meeting that, It was just like a family meeting . . . It was a meeting that led to constructive intentions for the future meeting.28

He later said that Suu Kyi had told the delegation,
'You can demand everything you like. But, I do not guarantee every demand will be met.' She [had] previously said that people should consider what they can offer for peace rather than what they want to obtain from it.29

He also stated, Look at the states inhabited by the ethnic people. We have lost almost everything . . . In this situation, what do they want from us? What do we still have left to offer? We do not have demands and offers. Everyone has a responsibility to make the country more developed and peaceful. This is the equality that we have been demanding for decades.

Khu Oo Reh also stated that the UNFC thinks that there should be a formal understanding between the government and the armed groups before proceeding to reviewing the [peace talk] framework and the 21st-century Panglong Conference.

Government peace negotiators invited UNFC members to attend the Framework for Political Dialogue review scheduled for the first week of August. However, only the Union Peace Dialogue Joint Committee has the decision-making power to change the framework, which will determine the shape of the political dialogue.30

All-inclusiveness

In relation to the inclusion of all groups there remains uncertainty as to whether the UNFC still actually represents the Palaung State Liberation Organisation/Ta'ang National Liberation Army (PSLO/TNLA) and the Myanmar National Democratic Alliance Army (MNDAA). Both groups have tendered their resignations although, as of yet, the UNFC has yet to accept them.

While originally trained and supported by the KIO, both groups have increasingly found themselves under the control of the UWSA. It is likely that the UWSA, which is attempting to secure state-level recognition for the Wa Self-administered region, will use their relationship with the two groups as a bargaining chip in negotiations with the government.
Leaders of both the United Wa State Army (UWSA) and the National Democratic Alliance Army (NDAA) have confirmed that they will participate in the conference.31

This will be the first time that the UWSA and the NDAA have agreed to peace talks with the central government since signing their original ceasefire agreements. Neither group signed the Nationwide Ceasefire Agreement (NCA) stating it was unnecessary because they had already signed bilateral accords with the government.

Suu Kyi held a closed door meeting with top leaders from the United Wa State Army (UWSA), led by Pao Yu Yi, and the National Democratic Alliance Army (NDAA) led by Sai Leun at the same time as the Mai Ja Yang Summit was taking place. According to Zaw Htay, the President's Office spokesperson,Today's meeting furthered relations and mutual understanding between the stakeholders. Both sides—the Wa and the State Counsellor—openly discussed policies.32

And that,The Wa pledged to stay in the Myanmar Union, and they said they won't split from the country.33

While the UWSA, and the NDAA, may have come to an accommodation, the question remains what was actually promised to Pao Yu Yi. According to Zaw Htay there had been no discussion about a separate Wa State, however, this seems highly implausible.

The status of the Arakan Army in relation to the Union conference also remains unclear. The Arakan Army has continued to fight against the Myanmar armed forces in Rakhine state and is unlikely to be allowed to participate. Whether this will prevent other non-signatory groups from attending the Union Peace Conference remains likely further delaying the process. After the recent meeting with Suu Kyi, Khu Oo Reh was quoted in local media as saying that,We have agreed to cooperate for the success of the 21st-century Panglong Conference. If some armed ethnic groups are not able to be included at this stage, negotiations for their participation will continue, but if we wait for the participation of all groups, then we are not going to have the dialogue.34

However, recent statements suggest that remaining UNFC members will not sign the NCA unless the three are allowed to attend, even though the TNLA and MNDAA have sought to distance themselves from the group.

Mai Ja Yang EAOs' Plenary Meeting

Prior to the Mai Ja Yang meeting, General Mutu Say Poe, leader of the Karen National Union (KNU), one of the eight signatories, urged armed ethnic groups not to make too many demands during the peace negotiations and to work for reasonable results, stating that,Our needs and demands should be reasonable according to the country's current situation, and we need to have practical results that all groups can accept . . . We shouldn't say that we will accept the result only if we get everything we want . . . The result should be a reasonable one.35

At an EAO signatory meeting held to prepare for the Plenary Meeting Padoh Kwe Htoo Win said,There are four main agenda items at Mai Ja Yang. The first is political affairs, attitudes on how to build our federal union. The next agenda item is security affairs, how to defend our country. The next agenda item is the political framework. Our NCA-signatory EAOs reviewed this framework after signing the NCA. We will discuss this at the meeting, which parts of the NCA should be changed and modified.36

But perhaps most importantly was the use and interpretation of how Panglong was going to be used. Padoh Kwe Htoo Win continued,Panglong and Panglong agreement are interpreted in different ways. When the State Counsellor used the term '21st century Panglong Conference', people criticised it. We will find common ground on this term by inviting scholars and academics and then it will be approved at the scheduled plenary meeting [Mai Ja Yang] and we will let our position be known to the people.37

For many ethnic leaders, especially from those groups who attended the second Panglong meeting, it is the agreement (see Appendix 1) and not just the spirit that is important. This was apparent to the degree that at the summit attendees approved a draft of a booklet termed "Reference to the Panglong principles." Which was meant to clarify the overall meaning that resulted from Panglong, so there could be no misinterpretation. 38

The belief, by ethnic leaders, in Panglong also includes the right of secession which formed, they believe, a pivotal point in the original agreement, despite the fact that the term was never used in the agreement itself but in the 1948 constitution (see Appendix 2).39

Some leaders still believe that this should be included in a future agreement despite the fact that the NCA states under Part 1 a)Establish a union based on the principles of democracy and federalism in accordance with the outcomes of political dialogue and in the spirit of Panglong, that fully guarantees democratic rights, national equality and the right to self-determination on the basis of liberty, equality and justice while upholding the principles of non-disintegration of the union, non-disintegration of national solidarity and perpetuation of national sovereignty. (My italics)40

It is highly dubious that a secession clause can be included in any future negotiation as it can be used to disintegrate the union. To ask for such a clause, which was debated at Mai Ja Yang, would in fact further impede any progress.

Regardless, it would also appear that even if such a request was considered by EAOs the chance that theEAO's will be ready by the end of August to attend the Union Peace Conference in improbable. Past experience throughout the process has shown that EAOs require numerous summits and meetings to move forward. The signatory organisations have already said they are planning a post Mai Ja Yang meeting to discuss the outcome of the summit and have now suggested that the Union Peace Conference happen in September or October, although these dates are highly unlike as well. The more EAO meetings take place and negotiating teams are formed the later dates get pushed back.

The Myanmar Army had already raised concerns over the outcome and need for the summit, Lt-Gen Mya Tun stated that the best results for the peace process would stem from open and honest discussion at theUnion conference and reaching a common perspective amongst the different groups is already a challenge.41 He also noted that,In a meeting, many agreements are reached. Then restraints are imposed…and making efforts to move things forward will get harder . . . Thus, if possible, [the Myanmar Army] does not want the Mai Ja Yang meeting to happen. We don't want any more territorial claims or forming of alliances,"
Despite this, it would appear that many of the participants at Mai Ja Yang still believe in Aung San's promise to ethnic leaders that.

If a Bamar receives one kyat, you will also receive one kyat.

Which envisioned eight states for the main ethnic nationalities. As a result of this, it was suggested that two regions, Tanintharyi and Ayeyarwady, could become a Burman state. In addition, many participants agreed that the state legislatures should be given absolute autonomy with their own constitutions. It was also suggested that areas with mixed nationalities should be considered Nationalities States, according to Mra Razar Lin, a central executive committee member of the Arakan Liberation Party,The assumption is that in Ayeyarwady Region, ethnic Kayin, Mon, Bamar and Rakhine comprised the largest share of the population. So the region should be regarded as a national state because we cannot rank it as a Mon or a Shan or a Rakhine State alone . . . This is the kind of outlook that should be underlying the future federal Union.

Further exacerbating the situation is the role of Aung San Suu Kyi's advisors who appear to be pushing for an early resolution to the conflict through the timing of the Union Peace Conference.42 This in itself is likely to lead to further concerns on behalf of non-signatory EAOs who believe that once again their political destiny is likely to be taken out of their hands and be decided by a perceived, correctly or not, Burman-dominated government.

Adding to this perception is the fact that Aung San Suu Kyi, as leader of the UPDJC, could ultimately decide the fate of the ethnic minorities purely on her and the military's terms. And while efforts will be made to suggest that ethnic organisations have had some input this may not be the case. The Panglong 'spirit' vs 'Agreement' argument also confuses matters. A number of ethnic leader's beliefs that this was the basis of the union may be valid, but this should have no bearing on the matter of what a federal union should look like today.

As noted earlier, the number of actors has increased and many have differing objectives and as such this situation is greatly different from the past. Once again the UNFC has tried to suggest that it should be the sole arbiter in peace negotiations on behalf of the Armed Ethnic Organisations, a strategy that has failed in the past and led to further divisions between ethnic organisations.

It is dependent on all stakeholders to recognise that the situation is entirely different from the past. Due to this there must be a much more pragmatic approach to moving the peace process forward.
Appendix 1
Panglong Agreement
Panglong, 12 February 1947
A conference having been held at Panglong, attended by certain Members of the Executive Council of the Governor of Burma, all Saohpas and representative of the Shan States, the Kachin Hills and the Chin Hills:


The Members of the conference, believing that freedom will be more speedily achieved by the Shans, the Kachins and the Chins by their immediate co-operation with the Interim Burmese Government:
  1. A Representative of the Hill Peoples, selected by the Governor on the recommendation of representatives of the Supreme Council of the United Hill Peoples (SCOUHP), shall be appointed a Counsellor for Frontier Areas shall be given executive authority by similar means.
  1. The said Counsellor shall also be appointed a Member of the Governor's Executive Council, without portfolio, and the subject of Frontier Areas brought within the purview of the Executive Council by Constitutional Convention as in the case of Defence and External Affairs. The Counsellor for Frontier Areas shall be given executive authority by similar means.
  1. The said Counsellor shall be assisted by two Deputy Counsellors representing races of which he is not a member. While the two Deputy Counsellors should deal in the first instance with the affairs of their respective areas and the Counsellor with all the remaining parts of the Frontier Areas, they should by Constitutional Convention act on the principle of joint responsibility.
  1. While the Counsellor, in his capacity of Member of the Executive Council, will be the only representative of the Frontier Areas on the Council, the Deputy Counsellors shall be entitled to attend meetings of the Council when subjects pertaining to the Frontier Areas are discussed.
  1. Though the Governor's Executive Council will be augmented as agreed above, it will not operate in respect of the Frontier Areas in any manner which would deprive any portion of those Areas of the autonomy which it now enjoys in internal administration. Full autonomy in internal administration for the Frontier Areas is accepted in principle.
  1. Though the question of demarcating and establishing a separated Kachin State within a Unified Burma is one which must be relegated for decision by the Constituent Assembly, it is agreed that such a State is desirable. As a first step towards this end, the Counsellor for Frontier Areas and the Deputy Counsellors shall be consulted in the administration of such areas in the Myitkyina and the Bhamo Districts as are Part II Scheduled Areas under the Government of Burma Act of 1935.
  1. Citizens of the Frontier Areas shall enjoy rights and privileges which are regarded as fundamental in democratic countries.
  1. The arrangements accepted in this Agreement are without prejudice to the financial autonomy now vested in the Federated Shan States.
  1. The arrangements accepted in this Agreement are without prejudice to the financial assistance which the Kachin Hills and the Union Hills are entitled to receive from the revenues of Burma, and the Executive Council will examine with the Frontier Areas Counsellor and Deputy Counsellors the feasibility of
adopting for the Kachin Hills and the Chin Hills financial arrangement similar to those between Burma and the Federated Shan States.
Burmese Government.
(Signed) Aung San
Kachin Committee.
(Signed) Sinwa Naw, Myitkyina
(Signed) Zaurip, Myitkyina
(Signed) Dinra Tang, Myitkyina
(Signed) Zau La, Bhamo
(Signed) Zau Lawn, Bhamo
(Signed) Labang Grong, Bhamo
Chin Committee
(Signed) Pu Hlur Hmung, Falam
(Signed) Pu Thawng Za Khup, Tiddim
(Signed) Pu Kio Mang, Haka
Shan Committee
(Signed) Saohpalong of Tawngpeng State.
(Signed) Saohpalong of Yawnghwe State.
(Signed) Saohpalong of North Hsenwi State.
(Signed) Saohpalong of Laihka State. (Signed) Saohpalong of Mong Pawn State.
(Signed) Saohpalong of Hsamonghkam State
(Signed) Representative of Hsahtung Saohpalong. Hkun Pung
(Signed) U Tin E
(Signed) U Htun Myint (
Signed) U Kya Bu
(Signed) Hkun Saw
(Signed) Sao Yape Hpa
(Signed) Hkun Htee
Appendix 2 – The Constitution of the Union of Burma, 24 September 1947, effective 4 January 1948
CHAPTER X.
Right of Secession.
  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.
  • 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.
  1. The President shall appoint a Plebiscite Commission consisting of 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.
Notes
  • 'Aung San Suu Kyi calls for peace conference within the next two months' Mizzima, 25 April
  • 'Burma: Statement of Policy by H.M. Government', HMSO, May 1945
  • Tinker quoting a Report by the Supreme Allied Commander
  • Report for the month of July 1945 for the Dominions, India, Burma and The Colonies and Mandated Territories. 27 August 1945
  • 'Political Situation in Burma: Memorandum by the Secretary of State for Burma', 29 October 1945
  • Cypher (O.T.P) telegram from Governor of Burma to Secretary of State for Burma, dated Rangoon, 20.40 hours, 27th Octobers 1945
  • 'Burma Constitutional Position: Memorandum by the Secretary of State for Burma', 9 December 1946
  • 'Interview with Colonel Chit Myaing', Burma Debate, July/August 1997
  • 'Insurgency and the Politics of Ethnicity', Martin Smith, Zed Books
  • Ibid
  • 'The Myths of Panglong', Mathew Walton, Asian Survey, November/December 2008
  • 'The Union of Burma', Hugh Tinker, pg 24
  • Ibid
  • 'Insurgency and the Politics of Ethnicity', Martin Smith, Zed Books
  • Committee, subcommittees established for Union Peace Conference (21st Century Panglong Conference) preparation (Notification No 26/2016)
  • 'Statement of UNFC Council (Extended) Meeting' UNFC, 21 February 2016
  • 'All Ethnic Armed Groups meet to guess NLD's position on national ceasefire agreement', S'Phan Shaung, Karen News, 5 April 2016
  • 'UNFC representatives to meet with UPDJC leaders', BNI, 9 June 2016
  • 'Ethnic Armed Groups To Meet Before Panglong', Saw Yan Naing, The Irrawaddy, 27 June 16
  • 'Aung San Suu Kyi Reorganizes Government Peace Dialogue Committee', RFA, 27 May 2016
  • EBO Political Monitor, No 14, 18 – 30 June 2016
  • 'working out the terms — Non-Signatories to NCA to meet State Counsellor by mid-July', Global New Light of Myanmar, 2 July, 2016
  • 'UNFC want involvement in country's political talks', Saw Tun Lin, Karen News, 12 July, 2016
  • 'State Counsellor Aung San Suu Kyi meets UNFC', Eleven Media, 17 July, 2016
  • UNFC Press Release 4/16, 7 July 2016
  • 'Myanmar rebels satisfied with preparatory peace talks', AP,
  • 'Press conference reveals friction after state counsellor, UNFC meet' Myanmar Times, 19 July 2016
  • 'UWSA and NDAA to attend new 'Panglong' conference', SHAN, 20 June 2016
  • 'Wa Pledge Not to Split From Union', Nyein Nyein, The Irrawaddy, 29 July 2016
  • 'Upcoming Panglong conference may not include all groups', Lun Min Mang, Myanmar Times, 18 July 2016
  • 'Ethnic Rebel Coalition Meets With Aung San Suu Kyi to Prepare For Myanmar Peace Conference', RFA, 18 July 2016
  • 'NCA-signatory organisations agree to discuss four points at Mai Ja Yang meeting', Phanida, Mizzima, 21 July 2016
  • 'Post-summit, Panglong's fate still clouded', Lun Min Mang, Myanmar Times, 1 August 2016
  • Personal conversation with EAO advisor, 18 July, 2016
  • The Nationwide Ceasefire Agreement between the Government of the Republic of the Union of Myanmar and the Ethnic Armed Organizations, October 2015
  • 'Burma Army Reveals Concerns Over Ethnic Summit', Nyein Nyein, The Irrawaddy 21 July 2016
  • Personal conversation with EAO advisor, 18 July, 2016
Author | Paul Keenan

Burmese soldiers admit in court to killing Mong Yaw men

Posted: 10 Aug 2016 08:59 AM PDT

Seven Burmese soldiers and two officers were brought to a military court in Lashio on Tuesday in a landmark case, which has received national and international attention. The nine stand accused of murdering five villagers from Mong Yaw in June.


Sao Lao Pha, a Mong Yaw resident who, along with family members of the deceased, was permitted entry into the military hearing, said that six of the seven Burmese soldiers pleaded guilty to killing the five men, while one pleaded not guilty on the grounds that he was obeying orders.

"They confessed that they committed the crime," Sai Lao Pha said. "However, one of them, Sargent Sein Win Maung, pleaded not guilty to killing the victims because he said he was ordered to do so by higher ranking officers. He said that he was told to make the five men put on army uniforms and then kill them."

Sai Lao Pha told Shan Herald that also on trial are the soldiers' superiors, Chief of Military Operations Command 10 Col. Myo Aung, and Chief of Battalion 362 Maj. Tin Myo Zaw.
Reached for comment, Aye Nang, one of 20 Mong Yaw residents attending the hearing, said Sergant Sein Win Maung told the court that he killed two of the men with a knife.

"However, according to witnesses, only bullet cartridges were found at the grave where the five victims were buried. No one saw any knife wounds on their bodies," she added.
It is highly unusual for members of Burma's armed forces, especially officers, to stand trial for abuses committed against civilians. It is also irregular for a military court to allow civilians access. Tuesday's proceedings were held at North Eastern Command headquarters in Lashio, northern Shan State.

Sai Lao Pha said that the judge did not set any date for the next hearing, nor were the matters of punishment or compensation discussed.

He told Shan Herald that Brig-Gen Nay Win Aung chaired Tuesday's military trial. Lt-Col Kyaw Moe Myint represented the plaintiffs, while Lt-Col Naing Win represented the defendants.

On June 25, five Mong Yaw villagers were working in a farmer's field when they were arrested by a unit of Burmese government troops, who accused them of being rebels or rebel sympathizers. A few days later, the five men were uncovered in a shallow grave near the local Burmese army campTwo other civilians were shot dead on June 25 when they failed to stop their motorbike at an army checkpoint in the town.

On July 20, Lt-Gen Mya Tun Oo, the serving chief of Burma's military intelligence, confirmed at a news conference in Rangoon that government soldiers were responsible for the Mong Yaw murders.

Earlier this week, authorities in Lashio Township reportedly exhumed all seven bodies in Mong Yaw where local police have apparently opened their own investigation into the murders.

The five murdered men were: Aik Hseng, 23; Aik Lod, 39; Aik Maung, 27; Sai Mon Awn, 17; and Sai Aik Maung, 23. The names of the two shot while riding a motorbike are unknown.