Tuesday, September 13, 2016

The Irrawaddy Magazine

The Irrawaddy Magazine


Govt Investigates Taungthaman Lake Project, Following Locals’ Complaints

Posted: 12 Sep 2016 06:57 PM PDT

 Aerial view of Taungthaman Thitsar resort and culture park project, located on the east bank of Taungthaman lake, Amarapura Township, Mandalay seen in early September 2016.  (Photo: Zaw Zaw / The Irrawaddy)

Aerial view of Taungthaman Thitsar resort and culture park project, located on the east bank of Taungthaman lake, Amarapura Township, Mandalay seen in early September 2016.  (Photo: Zaw Zaw / The Irrawaddy)

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MANDALAY – The divisional government launched an investigation into a resort and culture park under construction on the eastern bank of the famous Thaungthaman Lake outside the city of Mandalay, after local residents complained about the impact of the project.

Some of the initial construction near the famous U Bein Bridge has been suspended after staff from a number of ministries visited the site last Thursday. They gave notice to halt construction after concerns were raised that it could damage the local culture and environment.

Representatives from the Ministry of Environmental Conservation and Forestry, the Department of Archaeology under the Ministry of Culture, and Mandalay's Department of Municipal Affairs all visited the site.

"The archaeological department has instructed them to suspend their operations near U Bein Bridge and to repair the area," said U Myo Thit, divisional minister of environmental conservation and forestry.

According to a spokesperson for construction company Taungthaman Thitsar, the project is approximately halfway finished clearing the area and piling soil for foundations. The process will take at least one year to be completed.

The investigation comes after residents of Amarapura Township appealed to the divisional government regarding the impact of the project. Locals blamed the development for abnormal flood levels during the early August monsoon, and complained that the construction has cut off access between villages, the lake, and nearby waterways.

Locals said it took around one month for water throughout the surrounding area to recede after flooding, although the level of the lake itself went down after just two days.

"This is abnormal and it only happened after the project began building up the eastern bank. Normally, any flooding recedes along with the water level of the lake. We've suffered a lot to clean out our village," said U Chit Thin, an elder of Thaungthaman village.

Locals complain that although road conditions have been improved, they have been constructed on raised soil, and the extra sediment in turn blocks waterways. They say that the culture park has blocked access to the lake and other adjoining waterways. Farmers were hoping to grow crops on fields recently drained by government schemes after decades under water.

In the past, Taungthaman Lake naturally experienced seasonal shifts in water levels. It filled up with water during monsoons and drained in the winter and summer. Locals worked as fishermen during the monsoon season and grew corn, pulses and vegetables during the winter. The area is known for its beauty, including the world's oldest and longest teakwood bridge, U Bein Bridge.

"We are watching closely and will appeal to the government to review the project, though we understand that it is good for regional development," said U Kan Myint, 62, an elder in Taungthaman village. "We are not against the development, but we also want the authorities and the responsible persons to think about locals as well."

Taungthaman Thitsar said they are committed to the needs of locals living around Thaungthaman Lake.

"In every aspect of the project, we are taking care to make sure not to affect the environment, the region's historical value, or the livelihood of the locals. The local flooding was due to heavy rain and rising water levels, not because of our project," said Khin Maung Tun, spokesperson of Taungthaman Thitsar company.

"The locals can tell us openly any disagreements that they have and we are ready to listen to them," he added.

The spokesperson said the culture park intends to revive and promote Burmese culture and history. The park will be public and will host traditional seasonal events. "There are plans to employ the locals who have traditional handicraft skills. We believe our project will not only develop the region but also the lives of the locals," Khin Maung Tun said.

The post Govt Investigates Taungthaman Lake Project, Following Locals' Complaints appeared first on The Irrawaddy.

American Business Lobby to Host Exclusive Dinner with Aung San Suu Kyi

Posted: 12 Sep 2016 06:49 PM PDT

Dinner Diplomacy: On Thursday, a roundtable, reception and dinner will be held in honor of Daw Aung San Suu Kyi at Washington DC's Four Season Hotel. Above, President Barack Obama leaves his seat to come to the end of the head table to greet Daw Aung San Suu Kyi at the Asean Summit gala dinner in Vientiane, Laos on September 7. (Photo: Reuters)

Dinner Diplomacy: On Thursday, a roundtable, reception and dinner will be held in honor of Daw Aung San Suu Kyi at Washington DC's Four Season Hotel. Above, President Barack Obama leaves his seat to come to the end of the head table to greet Daw Aung San Suu Kyi at the Asean Summit gala dinner in Vientiane, Laos on September 7. (Photo: Reuters)

RANGOON — When the US government relaxed sanctions on Burma's state-run companies and banks but stopped short of lifting all sanctions in May this year, the US Chamber of Commerce was not pleased.

The American business lobby called for the US to "normalize" relations fully and introduce preferable trade terms to encourage export-led industries in Burma.

Now the US Chamber of Commerce is pressing harder—not with the US government this time, but with Burma's State Counselor and Foreign Minister Daw Aung San Suu Kyi.

In collaboration with the US-Asean Business Council, the US Chamber of Commerce is hosting a roundtable discussion, reception and dinner with Daw Aung San Suu Kyi at the Four Seasons Hotel on Thursday during her visit to Washington DC this week.

The invitation describes the dinner as a "unique opportunity" to learn about Daw Aung San Suu Kyi's priorities in government, the current state of US-Burma economic relations, and "how the US business community can best support Burma's development."

The invitation pins participation to sponsorship packages—variously costing US$7,500, $15,000 and $25,000—in which individuals or corporate entities gain an exclusive, "off the record" opportunity to engage the State Counselor and her entourage.

Daw Aung San Suu Kyi will be in Washington DC on Wednesday and Thursday this week to meet with US President Obama, Vice President Joe Biden, members of the US Congress and business leaders.

After the idea was floated by US officials at the beginning of the month, Barack Obama is anticipated to announce a further easing of US sanctions on Burma, although human rights groups have objected to further sanctions relief, and Daw Aung San Suu Kyi is believed to be in favor of keeping targeted sanctions to maintain pressure on the military.

The US sanctions that remain largely target military-run enterprises, or businessmen with close links with Burma's former military junta. A ban on importing Burmese jade and gemstones into the US also remains in place, as well as a ban on arms sales to Burma.

In their recent report—"Myanmar's New Dawn: Opportunities for Aung San Suu Kyi and US-Myanmar Relations"—the Washington DC-based Center for Strategic and International Studies recommended that the US ease economic sanctions further.

"The US government should set realistic benchmarks that would make it possible for businesspersons who have reformed their business and social practices to graduate from the SDN list," it says, referring to the list of over a hundred Specially Designated Nationals that US individuals and companies are still barred from doing business with, but who control a large chunk of Burma's economy.

The post American Business Lobby to Host Exclusive Dinner with Aung San Suu Kyi appeared first on The Irrawaddy.

Ten Things to Do in Rangoon This Week

Posted: 12 Sep 2016 06:39 PM PDT

weekThe Irrawaddy picks 10 interesting events happening in Rangoon this week.

myanmar-travelMyanmar International Travel Mart

The first international tourism fair in Burma will be held at the Sedona Hotel, where dozens of tour companies will sell outbound package tours at special prices.

Where: Sedona Hotel, Kabar Aye Pagoda Road

When: Saturday September 17 and Sunday September 18 (9.00 pm – 5.00 pm)


13882216_527683374104487_1129678581852720046_nEuropean Film Festival

The European film festival will be held at the Nay Pyi Taw Cinema and the Yangon Gallery. Screenings will be twice daily, at 3.30 pm and 6.30 pm, and tickets will be available at the Nay Pyi Taw Cinema up to 15 minutes prior to a screening, on a first-come-first-served basis. Movies for children will be screened at the Yangon Gallery on September 24-25 at 2.30 pm and 6.30 pm respectively.

Where: Naypyidaw Cinema & Yangon Gallery at People's Square

When: Friday September 16 to Tuesday September 27


13935142_1814911065461832_5338482080420171735_nPassion for Myanmar Fashion Show

A fashion show to mark the 60th anniversary of bilateral relations between Philippines and Burma will be held at the downtown Sule Shangri-La Hotel. The proceeds will be donated to the Yangon Children's Hospital.

Where: Sule Shangri-La Hotel, Sule Pagoda Road

When: Saturday September 17 (7:00 pm-9:00 pm)


pascal-khoo-thweReading, talk and Q&A with Pascal Khoo Thwe

Pascal Khoo Thwe (born 1967) is a Burmese author from the Padaung, or Kayan, ethnic minority, who is known for his autobiographic writings about growing up in Burma under military rule. His book "From the Land of Green Ghosts: A Burmese Odyssey" was awarded the Kiriyama Prize.

Pascal will read an excerpt from his book, talk about his life growing up in Burma, fighting on the Thai border and his education at Cambridge University, at the British Embassy Club. There will be a chance for questions at the end.

Where: British Embassy Club, between Alan Pya Pagoda Road and Gyo Phyu Road, Dagon Tsp. Tel: 01-246 643

When: Thursday September (7:00 pm – 10:00 pm)


matriculation-examinationFree workshop: Life after Matriculation & the Options

Organized by Smart Resources WWE to help students after matriculation (ICGSE/IELTS) choose the right subjects and schools in a desired country. The workshop is free but registration is required and can be made at 09-5438848.

Where: Sar J. Poe – No.39, Room 8, Nawaday Street, Dagon Tsp

When: Wednesday September 14 (2:00 pm – 5:00 pm)


featured-collectivesFeatured Collectives

The group photo exhibition will feature 30 photographic prints from 20 photographers. The exhibition runs until Oct. 15 and is open to the public Tuesday-Sunday.

Where: Myanmar Dietta, 3rd Floor, No. 49, 44th Street (lower block)

When: Saturday September 17 to Saturday October 15


14202644_1772341553054785_1504558129746337077_nMotion & Emotion

Artist Lu Maw will stage his first solo at Lokanat Gallery, exhibiting a total of 33 paintings, priced between 150,000 kyats (US$122) and 500,000 kyats ($408).

Where: Lokanat Galleries, 62 Pansodan St, 1st Floor, Kyauktada Tsp. Tel. 095-1382-269

When: Wednesday September 14 to Sunday September 18


14264962_734777693330292_2615113743064029912_nThe Details

A group exhibition of eight contemporary artists will be held at the Yangon Gallery, with over 20 works on show

Where: Yangon Gallery, People's Square.

When: Friday September 16 to Tuesday September 20


14233230_1077198145669075_6365288130183002599_nWedding Fair

A wedding and fashion fair will be held at Tatmadaw Hall, where wedding planners, photo studios, designers and silk cloth shops will present new trends in wedding and modern women's fashion.

Where: Tatmadaw Hall, U Wisara Road

When: Friday September 16 to Monday September 19


poemOnline poetry fair

An online poetry fair, the first of its kind in Burma, will held on September 16-19. There will be around 400 poetry books on sale at WE Distribution; those interested should message in their choices and detail their phone numbers and addresses, for delivery.

Where: online

When: Friday September 16 to Monday September 19

The post Ten Things to Do in Rangoon This Week appeared first on The Irrawaddy.

ALD Members Give Nod to Part With ANP

Posted: 12 Sep 2016 06:23 PM PDT

The conference in Thandwe Township, Arakan State, in 2014, when it was decided that the ALD and RNDP would merge to form the ANP. (Photo: ANP / Facebook)

The conference in Thandwe Township, Arakan State, in 2014, when it was decided that the ALD and RNDP would merge to form the ANP. (Photo: ANP / Facebook)

RANGOON – Former members of the Arakan League for Democracy (ALD) spoke out at a meeting in Rangoon in support of splitting from the Rakhine Nationalities Development Party (RNDP), two years after the two parties merged to form the Arakan National Party (ANP).

Myo Kyaw, once a top leader within the ALD, told The Irrawaddy on Monday that 35 central executive committee members of the ANP convened a meeting at Rangoon's Orchid Hotel, over the weekend. At the meeting, nearly all of the participants supported the move to leave the ANP.

However, final approval will be sought in October, when the members decide whether to re-form as a new party or integrate with the less popular Arakan Patriot Party (APP).

"Mostly, they encouraged us to form a party because we Arakanese have been named as extremists in both international and local communities," said Myo Kyaw. "[The ANP's] protests harm the image of the Arakanese and our national dignity. We completely dislike that," he added. Most recently the ANP called for demonstrations against former UN chief Kofi Annan's delegation to Arakan State as part of an advisory commission put together by State Counselor Daw Aung San Suu Kyi to explore solutions to ethnoreligious violence and tension in the region; the protesters, and members of the ANP, said that members of the international community should stay out of Arakan State's "internal issues."

The ALD was arguably at its political peak in 1990, when they swept the majority seats in the regional parliament in the general election that same year, but, like other parties—including Daw Aung San Suu Kyi's National League for Democracy (NLD)—winning members of parliament were prevented from taking their place in government by the Burma Army.

Citing flaws in the 2008 Constitution, many well-known political parties boycotted Burma's 2010 general election, including the ALD. The RNDP—formed by Arakanese nationalist Aye Maung—was born from within the political dilemma and, in turn, participated in the 2010 election, winning 35 out of 44 seats it contested at the regional and Union levels.

In October 2014, the RNDP and ALD convened a meeting in Arakan State's Thandwe Township to form the ANP, in order to avoid vote-splitting in the 2015 election. This, they said, would serve as the most logical way to to compete with the popular NLD.

Yet the decision was not without dissent: some ALD members left the Thandwe conference and formed the APP, leaving the new ANP dominated by members of the RNDP.

The integrated ANP went on to secure 45 of the 77 seats in the constituencies it contested. It was not, however, able to secure the appointment of the state's chief minister, which went to an NLD member, the party which won the election nationally. Resentment began to build when the NLD nominated former ALD members within the ANP for regional ministerial posts, and Aye Thar Aung—the former ALD chair—as deputy speaker of the Upper House of Parliament.

The RNDP-dominated ANP responded by expelling six former ALD members from the party, saying that they were acting against the organization's interests.

In January 2016, Aye Thar Aung—also a member of the ANP central committee—told The Irrawaddy that his future with the ANP at the time appeared "uncertain."

Tun Aung Kyaw, a former RNDP leader now serving as ANP's secretary, told The Irrawaddy that founding a new party is the right of the former ALD members that the ANP could do nothing about it, but speculated that the Arakanese community would be "unhappy" with the move.

Khaing Kaung San, the founder of Wunlark Development Foundation, which works in Arakan State, said he forewarned that this kind of division could happen within the ANP.

"Our people don't want the separation of the ANP," he said.

The post ALD Members Give Nod to Part With ANP appeared first on The Irrawaddy.

US Training of Burma’s Military Could Help Democratization: David Steinberg

Posted: 12 Sep 2016 05:04 PM PDT

David Steinberg gives a talk at the Myanmar Peace Center in Rangoon in October 2013. (Photo: Kyaw Phyo Tha / The Irrawaddy)

David Steinberg gives a talk at the Myanmar Peace Center in Rangoon in October 2013. (Photo: Kyaw Phyo Tha / The Irrawaddy)

The Irrawaddy speaks with veteran Burma scholar David Steinberg about burgeoning US-Burma relations, an anticipated easing of US sanctions, and the prospect of military-to-military engagement between the two countries.

Some say that policy changes by the United States towards Myanmar in recent years were the result of an expanding Chinese role in the country and the region. What do you think?

I think the Obama engagement with Myanmar did not start because of China. The junta sent signals that they were interested in change and the Obama administration recognized that the previous [Clinton–Bush] administrations' policy of regime change through sanctions had essentially failed. So there was a mutuality of interests, but the Obama administration was constrained from going too far by the Congress. So high-level contacts were started but the sanctions remained, essentially because of US internal political considerations.

I think China figured into the picture only later… but the US recognized that Myanmar must continue to have good relations with China. Certainly China was worried about too great a role for the US in Myanmar, but I do not think this will happen, and I think that Myanmar will have a balanced foreign policy with China, the US, the European Union, India, Japan, and of course Asean. Myanmar needs good relations with China to solve the ethnic issues in the north, but China needs Myanmar for investments, markets, access to the Indian Ocean, etc.

The whole concept of the "pivot" or "rebalancing" of the US in East Asia is nothing new, and came two years after improvements in Myanmar relations. I have been lecturing and writing for years that the US policy in that region has been a constant for about 150 years: to prevent the rise of any hegemonic power in the region, e.g. the open-door policy in China in the 19th century, the Washington Naval Treaty with Japan in the early 1920s, World War II in the Pacific, the Korean and Vietnam wars, the US foreign aid program, etc. I think the US does not want any one power—China at the moment—to dominate the region.

There is disagreement over the appropriateness of improved US-Myanmar military relations. What is your view?

I would like to see better US relations with the Myanmar military and the reintroduction of the International Military Education & Training (IMET) program for non-lethal training. I think that arms sales should not resume at this time. But training is important and I believe it is wanted by the Myanmar military. Some human rights groups say that it should not resume until true democracy is in evidence. But democracy is a goal that has never completely been achieved (even in the US); and training should be a means to help the process of democratization along. The Myanmar military must feel comfortable in both its internal political and external relations.

What is the likelihood of any new US administration changing its policies?

I hope any new US administration will continue its positive engagement with Myanmar. One of the few positive elements of the Obama administration's East Asia policy has been relations with Myanmar. Hillary Clinton would continue that. Myanmar is not (yet) on Donald Trump's agenda, but he would have little to gain by changing US policy and engagement. The present US ambassador is a seasoned, careful, and thoughtful representative of the US who is well aware of the dangers of an inappropriate attempt to be domineering.

Will Daw Aung San Suu Kyi's US trip result in the removal of remaining sanctions?

Sanctions could be removed if she said they were no longer appropriate. Some are congressionally mandated and others imposed by the executive branch.  But it seems she wants them as potential leverage against the military, should they stop the reform process. I think it would be wiser to try to reassure the military that the broad goals of the state are mutually shared. The National League for Democracy and the Tatmadaw [Burmese military] need to collaborate to be effective. Mutual trust, including among the ethnic groups, is essential, and is presently lacking.

I have never believed that it is appropriate for US foreign policy toward any country to be effectively determined by a person in that country, whether that person is the British prime minister, the president of any state, or in the case of Myanmar—a Burmese.  Yet Aung San Suu Kyi effectively determined US policy toward Myanmar until well into President Obama's first term. She still, I believe, exerts a strong influence but no longer plays the only dominant role. But if she told the Congress that sanctions were an impediment both to development and to better governance, they would likely go along.

There are cronies and others still on the US sanctions list. Should they remain on it?

There is a lot of talk about cronies. The term, in my memory, came about through Philippine President Marcos' buddies, who were ineffective as well as venal. I am sure there are "cronies" in Myanmar and plenty of illegal activities that benefited a few with access to power. But let us remember that President Park Chung Hee's "cronies" in South Korea in the military government period of the 1960s-1970s were the guys who founded Hyundai, Daewoo, LG, etc. I am sure they were given extra-legal opportunities. I am not justifying their past roles, but simply trying to say that the pejorative term "cronies" should be carefully used. In both cases a free press was lacking and civil society censored. That situation no longer applies to Myanmar.

I think US firms would partner with the cronies of Myanmar with danger, because public opinion both here and there would complain. That is what a free press is all about. The Myanmar legal system has to come to terms with these people, and it would be a test of the independence of the judiciary (so obviously lacking for more than half a century) to begin to deal with these issues. In other words, the media and civil society in Myanmar have essential roles to play to ensure that justice is done. Foreign intervention in the highly nationalistic environment of Myanmar is both dangerous and likely to be ineffective, and denigrates the capacity of the people of Myanmar to address their own problems. It denies the dignity that the people of Myanmar deserve.

David I. Steinberg is Distinguished Professor of Asian Studies Emeritus, Georgetown University. His latest book as editor is "Myanmar: The Dynamics of an Evolving Polity."

The post US Training of Burma's Military Could Help Democratization: David Steinberg appeared first on The Irrawaddy.

National News

National News


Arakan National Party prepares to split

Posted: 13 Sep 2016 12:34 AM PDT

A fatal combination of old loyalties, competing factions and increasingly radical members wresting control of the platform has driven the country's most successful ethnic party to the edge. One-half of the Arakan National Party, the former Arakan League for Democracy, is calling for secession, while the other side isn't sorry to see them go.

Rakhine hluttaw to debate state advisory commission

Posted: 13 Sep 2016 12:31 AM PDT

A Rakhine State lawmaker forged ahead yesterday with an effort to continue stoking controversy over the recent formation of an advisory commission for the state chaired by former UN secretary general Kofi Annan.

Photographer files lawsuit after being assaulted at protest

Posted: 13 Sep 2016 12:20 AM PDT

Photojournalist Myat Thu Kyaw has filed a lawsuit, claiming he was verbally and physically assaulted while covering a demonstration led by nationalists in Yangon Region's Bahan township on September 11.

Fighting in Kayin drives 2000 from their homes

Posted: 13 Sep 2016 12:06 AM PDT

About 2000 residents of Kayin State's Hlaingbwe township have taken refuge at the Myaing Gyi Nguu monastery since September 11 to avoid ongoing fighting between the Democratic Karen Benevolent Army (DKBA) and the Tatmadaw, according to a state hluttaw MP.

Tatmadaw insists landmine use kept within reasonable minimum

Posted: 13 Sep 2016 12:03 AM PDT

The Tatmadaw continues to produce and use landmines, deputy defence minister Major General Myint Nwe told parliament yesterday, emphasising that this activity was kept to a minimum.

Minister ties improved education for ethnic minorities to peace

Posted: 13 Sep 2016 12:02 AM PDT

Education Minister U Myo Thein Gyi told lawmakers in the Amyotha Hluttaw yesterday that educational development in ethnic minority areas is directly linked to the success or failure of Myanmar's peace process.

Health volunteers deployed to remote Naga area

Posted: 13 Sep 2016 12:00 AM PDT

Following a deadly disease outbreak that has taken the lives of dozens of children in a remote area of Sagaing Region, the health ministry has deployed basic medical staff to the underserved community.

48 laws must be enacted as priority: legal commission

Posted: 12 Sep 2016 11:56 PM PDT

Myanmar needs to enact 48 laws as a matter of priority, the Legal Affairs and Special Cases Assessment Commission has told parliament, with legislation aimed at tackling violence against women at the top of that list.

Actor serving life in prison for murder given reduced sentence

Posted: 12 Sep 2016 11:54 PM PDT

Min Oke Soe, an actor sentenced to life imprisonment for killing an employee of a magazine he owned, saw his prison term reduced to 10 years in a ruling last week by the Supreme Court.

State-owned Magwe factories under review

Posted: 12 Sep 2016 11:28 PM PDT

Magwe labour officials are inspecting three state-owned factories for poor performance and plan to submit a report to the region hluttaw when it reopens. The Hluttaw's Labour, Immigration and Population Committee is focusing on how workers' rights can be improved on the state-run production lines, committee chair U Thet Khaing told The Myanmar Times.

Shan Herald Agency for News

Shan Herald Agency for News


RCSS/SSA, Ta’ang move from battleground to negotiating table

Posted: 13 Sep 2016 01:24 AM PDT

Following a series of skirmishes and clashes over the past year, representatives of the Restoration Council of Shan State/Shan State Army (RCSS/SSA) and the Ta'ang National Party (TNP) held their first meeting on Monday in the northern Thai city of Chiang Mai.


 On the RCSS/SSA side, the talks were attended by the group's chairman, Lt-Gen Yawd Serk, Vice-chairman Gen. Sai Yi, Brig-Gen Pong Khur, Sao Khuensai and Sao Puenkham. The Ta'ang were represented by TNP central committee members Tar Hla Pe and Tar Aye Maung, as well as Buddhist monks Panyathiri and Htikkha Nyanna.

Fighting between the two ethnic militias broke out on November 27 last year, just weeks after the RCSS/SSA had joined seven other ethnic armed groups in signing the Nationwide Ceasefire Agreement (NCA) with the Burmese government.

The main Ta'ang armed force in the area, the Ta'ang National Liberation Army (TNLA), was excluded by the government from joining the peace process or from signing the NCA in October 2015. Since then, both the TNLA and RCSS/SSA have frequently accused one another of trespassing or conducting incursions into each other's territory. Hostilities have continued ever since.

"We are not different. We are brothers and sisters," said Shan army leader Yawd Serk in his opening speech. "Throughout history, we never fought each other.

"I believe that the Palaung [Ta'ang] people and monks do not wish to create problems among us," he said. "We [the Shan] also do not want it to happen."

He said that if they do not engage in negotiations, any small problem could develop into a large one.

"If we meet with each other regularly, the problems that we are facing will be reduced," he added.

According to the TNP's Tar Hla Pe, his delegation had come to this meeting in Chiang Mai to act as mediators, and to help resolve problems between the RCSS/SSA and the TNLA, as well as to discuss matters of development in the region.

"Let us not focus on past problems," he said. "Rather, I think it would be better to concentrate on ways we can work together in the future."

Following Monday's talks, he said that the meeting had been successful, adding that he was confident both sides would talk again soon and cultivate a close relationship.

By Shan Herald Agency for News (SHAN)

ANOTHER HURDLE: Last obstacle before next nationwide peace negotiation begins

Posted: 13 Sep 2016 12:57 AM PDT

After the positively hailed opening of the Union Peace Conference (UPC), also dubbed  21st Century Panglong Conference (21CPC), from 31 August to 3 September, the continued onus to hold an all-inclusive nationwide peace process within six months is again faced with another hurdle, as the joint committee member for convening 21CPC Khin Zaw Oo, on the closing day of the conference told the journalists, that in order to participate in national level political dialogue, which is due to be started as soon as possible reportedly within a month, the non-signatory Ethnic Armed Organizations (EAOs) would have to sign the Nationwide Ceasefire Agreement (NCA) first.


Demand of NCA signing


The common understanding of 21CPC convening joint committee and as well the Union Political Dialogue Joint Committee (UPDJC) – the highest organ giving direction to the political dialogue - is that while non-NCA signatory groups were permitted to attend the 21CPC, they will not be allowed to take part in the national-level peace talks, if they failed to sign the NCA.


Echoing Khin Zaw Oo, UPDJC member Salai Lian Hmung Sakhong of Chin National Front (CNF) and as well, Khun Okker of Pa-Oh National Liberation Organization (PNLO), both also said that signing of the NCA is essential for the continued participation of national-level political dialogue, which is to start soon and tasked with collection of data, gathering opinions and suggestions at grass-root level to be tabled in the second round of 21CPC within the next six months.


Practically and effectively, this means that members of the United Nationalities Federal Council (UNFC), as well as the Myanmar National Democratic Alliance Army (MNDAA) also known as Kokang, the Arakan Army (AA) and the Ta'ang National Liberation Army (TNLA), are not included in the coming steps of the peace process, including the United Wa State Army (UWSA), National Democratic Alliance Army (NDAA) or Mongla and National Socialist Council of Nagaland-Kaplang (NSCN-K).


Government officials encouraged ethnic armed groups to find ways to sign the NCA in the interim period. If they cannot sign within this period, it is not yet clear if they will be invited to attend the upcoming second session of the 21CPC.


General Gun Maw from the Kachin Independence Organisation said no one wants to see any groups left behind, and so negotiations over signing the NCA must begin as a matter of urgency.


Daw Aung San Suu Kyi said that while the government prioritises making the process as inclusive as possible, it cannot wait indefinitely to start the political dialogue.


"They (the non-signatories) have to think about it in this coming period. But it is impossible to wait and hold up the process … without knowing when they will sign," Khin Zaw Oo said.


Commander-in-Chief Min Aung Hlaing also made it clear in his opening speech during 21CPC that NCA signing would be the necessary condition to participate in the peace process.


UNFC amendment proposal of NCA


The government side has always maintained that the NCA is the handiwork of all EAOs, including the UNFC. For the drafting of it involved the UNFC all along from the start and thus should not be a problem to sign it, is partly true but not all encompassing. As core outstanding issues were not allowed to be ironed out, prior to the 15 October NCA signing, to UNFC's satisfaction, this has led its members not to ink the document. The situation, in turn, has resulted in only eight EAOs signing the document from a total of twenty-one EAOs countrywide.


Nai Han Thar during the 21CPC told reporters that the UNFC inability to sign the NCA is due to the fact that the document has been unable to be amended because of the government blockage and rejection to do so.


Nai Hong Sar recently said that because the government at that time had rejected UNFC demands to amend some points in the draft agreement, only eight EAOs went on to sign the government's hijacked, finalised NCA version on 15 October 2015, with all the current members of the UNFC refusing to comply to it.


The seven EAOs that haven't signed the NCA are: the New Mon State Party (NMSP), the Kachin Independence Army (KIA), the Shan State Progress Party/Shan State Army (SSPP/SSA), the Arakan National Council (ANC), the Karenni National Progressive Party (KNPP), the Lahu Democratic Union (LDU), and the Wa National Organisation (WNO).


The main issue that has held back the UNFC then to sign the NCA was the lack of all-inclusiveness, which the government and military today is still implementing by excluding the MNDAA, TNLA and AA. But other than that proposal designed to overcome this hurdle and lead to more comprehensive tackling of the 21CPC is explained by the UNFC in its eight point guidelines.


UNFC eight point proposal guidelines


According to Htun Zaw, also known as Twan Zaw, secretary of the UNFC, an eight-point proposal, also identical with the agreement of Mai Ja Yang ethnic leadership summit meeting, in Kachin State, involving all signatory and non-signatory EAOs during the last week of July, can be divided into three categories of military, political, and transitional tasks to be fulfilled for the process to continue.


Militarily there are four points to ponder.


The first is achieving nationwide ceasefire, whether through unilateral ceasefire declaration of the government first, followed by the EAOs' declaration, or declaration of ceasefire simultaneously together by the military and EAOs.


The second is to agree upon political agenda and ceasefire arrangement, including prior understanding of Ceasefire Joint Monitoring Committee (JMC) undertakings, like military Code of Conduct (CoC) and Terms of Reference (ToR) among others.


The third is the inclusion of international organizations in JMC related issues and undertakings.


The fourth one is an establishment of independent, neutral enforcement tribunal with international judiciary experts to oversee the ceasefire, with the mandate to take action if either party wouldn't follow or breach the ceasefire agreement.


Politically, there are three points, which includes agreeing to the Federal Union Army (FUA) formation; tripartite dialogue which would involve the government-parliament-military, EAOs and political parties, as decades-long endorsed by the United Nations; and the "Union Accord" that would be achieved through UPC be implemented in the amendment of 2008, military-drawn constitution or rewriting it altogether.


The last one is the transitional period arrangement, which emphasizes the point that the government should discuss and negotiate with the EAOs concerning developmental projects in the ethnic areas.

Buttressing its position, on 11 September, the UNFC issued a five point statement after its members met from 10 to 11 September, for emergency meeting. The statement thanked President Htin Kyaw and the government for the successful, historical 21CPC and transparency shown to the public. But pointed out that all-inclusiveness and termination of all military offensives still need to be implemented, adding that the culture of resolving political problems through political means should be practised to achieve solution.

Tin Myo Win's official response


Regarding the UNFC proposal, especially the genuinely enforcible nationwide ceasefire agreement on the ground, Dr Tin Myo Win, Aung San Suu Kyi's top peace negotiator's official reply has not been positive, according to Htun Zaw. He said: "There is an official reply from Dr Tin Myo Win, which said that regarding nationwide ceasefire declaration, there has been no such declaration made during the previous NCA signing (with the eight EAOs), implying that they also have no intention to do otherwise with the non-signatory EAOs (proposal)."


He added: "We still need to negotiate on this. The Tatmadaw (military) needs to declare nationwide ceasefire. If they do, the concerned EAOs will do likewise. Alternatively, fixing a date to declare (ceasefire) altogether at once is also acceptable."


He also stressed: "To be able to conduct political dialogue smoothly, there must be no military offensive."


Analysis


And so it seems, we are all back to the square one. The first NCA signing was not all-inclusive and thus the first UPC held in January this year was also not inclusive. But the new regime headed by Suu Kyi again comes up with the commitment, vowing to make it all-inclusive, inviting all non-signatory EAOs to attend the opening of 21CPC, which nearly almost all heeding the call, except for the three EAOs that the military opted to sideline for various reasons. Again, it was not all-inclusive, but Suu Kyi initiated UPC or 21CPC was far more better then just eight EAOs attending the first conference, as some seventeen EAOs participated at the second UPC.


People were really in the upbeat mood and looking forward for a comprehensive, all-inclusive gathering for the next round of conference, due to be held within six months, when the government peace negotiators began pressing for immediate NCA signing from the non-signatories or risk being sidelined. One could hardly understand why this has to happen immediately on the heels of the 21CPC, which Suu Kyi has put a lot of energy and efforts to woo the non-signatory EAOs to participate. The non-signatory were even invited and allowed to participate in the amendment and fine-tuning of the Framework for Political Dialogue (FPD) prior to the 21CPC, so that a sense of ownership of the peace process could be instilled, according to the government.


Now it is not clear, whether the non-signatory EAOs could participate in the soon to be started  national  level political dialogue, if they refused to sign the NCA immediately first. This position of exclusion threat is, at least, what Khin Zaw Oo has being driving at, with CNF and PNLP leaders endorsing it.


The sequence normally should be deliberation of the UNFC eight points proposal between stakeholders; followed by FPD amendments that would in turn correct some flaws or disagreement in the NCA text; the signing of NCA by all the non-signatory EAOs; conducting  national level political dialogue; and finally tabling the findings to the next 21CPC  for further negotiations.


Given the convoluted nature of the peace process, mainly due to the present scenario of "cart before the horse", a workable solution should be to at least let the non-signatory EAOs participate in the different levels of FPD, NCA amendments and national-level political dialogue, while parallel adjusting of different outlooks and finding ways to be able to sign the NCA. Because prohibiting the non-signatory EAOs to participate in national level political dialogue for failing to sign the NCA, as it is formulated, immediately would do away with the dream of all-inclusiveness peace process and only heighten the ongoing ethnic armed conflict. Thus pushing further back the so far achieved peace talks progress  and national reconciliation deliberations down the drain.


Meanwhile, unconfirmed reports said that the Delegation for Political Dialogue (DPN), an UNFC peace negotiation team, has been asked whether it would attend the 15-17 September FPD meeting. The first day is said to be scheduled for the meeting between the government and DPN alone to negotiate the eight point joint statement proposal, and the next two days to discuss the Terms of Reference (TOR) for national level political dialogues. The DPN was said to reply that it wasn't ready to attend it yet for unknown reason. But one inside source reported that the three preconditions needed to be met first by the government side were all-inclusiveness, joint statement on the eight point proposal, and tripartite dialogue. However, it is not at all clear if this is a demand or just a proposal to actually conduct discussions on the said topics.


In a nut shell, it is advisable that the government and also the military should be reminded that the whole peace process should be a jointly owned one of all stakeholders and excluding one or the other from participation doesn't really look like a co-ownership at all, but only exclusively dominated by the government.


Besides, pushing the parties to sign the document which they are not totally in agreement is not a wise approach. The government, especially the military faction, should not be rigid but open and ready to alter the document that all could agree and live with. There is even a saying in peace negotiation that "nothing is agreed until everything is agreed."

Another argument of  CNF Vice Chairman Salai Lian Hmung Sakhong in a SHAN report on 9 September is also noteworthy. On 7 September, he reportedly said the 21CPC that has just finished was an undertaking outside the jurisdiction of parliament and the 2008 military-drawn constitution.

He said: "When the 2008 constitution was drawn and also when it was promulgated, the EAOs were not involved. That is why due to the country's need for essential peace, political dialogue is being conducted outside of the 2008 constitutional law."


And finally, even a child knows that conducting peace negotiation while waging war is a recipe for failure and disaster. There is no such thing as a just war. The military faction within the government would be well advised to accommodate this earnest request of nationwide ceasefire, by all the EAOs and hundreds of civil society organizations, and bringing in the three excluded EAOs, so that different levels of peace process could be pulled through, paving way for the absence of war, development and reconciliation for the benefit of the people.