Monday, August 18, 2014

Shan Herald Agency for News

Shan Herald Agency for News


Let us Stage another Saya San Revolution

Posted: 17 Aug 2014 10:35 PM PDT

More than half a century of military dictatorship to be exact since March 2nd 1962, there have been several sporadic outburst against the ruling Junta starting from 7th July 1962 but the major ones that shakes the government was the 8888 Democracy Uprising and the Saffron Revolution of 2007. The students of 1988 and the monks of 2007 have all made supreme sacrifices for the country and people and now it is the turn of the peasants of Burma to show to the world that they are also nationalists and love the country. With so much land grabbing by the Tatmadaw and the companies owned by the cronies backed by the international companies and multilateral corporations of the West and China, it is time for the peasants and the working people to rise up against this unfair system and demonstrate to the world that Burma is owned by the people of Burma and that the people are the masters of their own fate and maker of their own destiny. The peasants who formed the majority of the population of Burma to be exact more than 70% of the people live in the country side has been a major political force since time immemorial and has a precedent of uprising  in the 1930s. 



Saya San(ဆရာစံ) Peasants Uprising 

"Saya San Rebellion" of 1930-1932 in British Burma, was one of Southeast Asia's quintessential anti-colonial movements, spreading throughout the delta of Burma into hills of the Shan States; involving numerous communities, thousands of villagers and several thousand counter insurgency troops. By the 1890s, British colonial officials had determined that the main pacification campaigns were successful, and they could concentrate on the business of building a social-economic infrastructure that could support their interest in the vast teak, mineral, and agricultural resources that their new colony provided. However, in the same year a small group of Buddhist associations with contemporary forms of organization and structure were founded by lay members in an effort to preserve the religion and its place in society. It finally pave the way for formation of the General Council of Burmese Associations (GCBA) which planned to participate more directly in political protest and demonstrations. In order to engage rural communities, members of GCBA would travel into countryside conducting interviews, collecting data, and filling reports to establish lines of communication with emerging village activists. Saya San joined GCBA and worked at the countryside for more than two year, so he was familiar with rural places and had direct connection with peasants.

  The Great Depression of 1930 had a devastating impact on rice prices. Rice was Burma's most important export commodity and its fortunes on commercial markets affected much of the rural population. The high population density in central Burma and the concentration of land ownership in fewer hands created a large number of disaffected landless laborers increasingly aggrieved with colonial government, whom they lamed both their inability to work the land independently and for decline of their real incomes as rice worker. Thus, rural cultivators, already frustrated by the drop of rice price were quick to respond to Saya San's appeals involving a mixture of anti-tax rhetoric, Buddhist prophecies and guarantees of invulnerability.

D.G.E. Hall, the pioneer of writing history on Southeast Asia and famous British Burma's historian, traces the cause of the rebellion as political factors and economic ones. However, he also recognized the economic discontent. For those Burmese historians, Saya San was portrayed as an early nationalist hero. These interpretations stressed on economic factors, which was the cause of popular dissatisfaction. The movement was not aimless, instead, it was rational and justifiable. John Cady is the first western historian used a vast amount of British documents, including parliamentary papers and police reports, to create a narrative by recognizing the localized form of political expression. In his book "A history of modern Burma", he wrote"…it was a deliberately planned affair based on traditional Burmese political and religious patterns."

The Galon (*Vlef) army rebels, like the Boxers of China, carried charms and tattoos to make themselves invulnerable to British bullets. Armed only with swords and spears, Saya San's rebels were no match for British troops with machine guns hastily called from India. The revolt was crushed, and the casualties were in thousands and nobody knows the exact figures  just like the 8888 Democracy Uprisings and Saffron Revolution the authorities never release the exact figures. In August 1931, Saya San was captured, but the rebellion had continued for nearly two years By the end of 1932, more than 10,000 rebels were killed and a further 9000 rebels had surrendered or captured. Saya San and 125 other rebels were hanged and almost 1400 were sentenced to terms of imprisonment or of transportation.

  Widespread support for Saya San betrayed the precarious and unpopular position of British rule in Burma. Saya San Rebellion was a key stage in the transition of Burmese nationalist; to the urban elite, which vividly demonstrated the survival of traditional values in the countryside but at the same time proving that a peasant uprising could only achieve temporary success without specific and negotiable aims which required modern political skill.


Land Grabbing
          Currently, inadequate land laws have opened rural Burma to rampant land grabbing by unscrupulous, well-connected businessmen who anticipate a boom in agricultural and property investment. If unchecked, the gathering trend has the potential to undermine the country's broad reform process and impede long-term economic progress. Under the former military regime, land grabbing became a common and largely uncontested practice. Government bodies, particularly military units, were able to seize large tracts of farmland, usually without compensation. While some of the land was used for the expansion of military bases, new government offices or infrastructure projects, much of it was used either by military units for their own commercial purposes or sold to private companies. The threat of military force meant there was little grass roots opposition to these land seizures and few avenues to secure adequate compensation.

  Now with the new democratic order as local community's band together to fight back against seizure of their lands there have been several problems. Many of the current land disputes date to the period before the 2010 general elections. The Ministry of Agriculture and Irrigation's Department of Agricultural Planning reported in January 2010 that 216 companies had received a total of 1.75 million acres (708,200 hectares) of farmland in the form of state concessions.
Many of the disputes now being contested are related to land taken in the mid- to late-1990s. A significant proportion of the land grabbing during this period took place in ethnic-majority states in the country's peripheral regions. 

           This was especially the case in areas along the border with China in Kachin and Shan States and along the border with Thailand in the Karen and Mon States. The army has maintained a strong presence in these areas to battle ethnic freedom fighters and uphold tenuous ceasefires with other insurgent organizations. Much of the land was taken for military camps and military access roads, but also for commercial projects either run by the military or companies with ties to the military. Significant land grabbing also took place in the Sagaing and Irrawaddy Divisions, where these is no insurgency. 

           With new hope for an economic revival and rising property prices sparked by Thein Sein's reformist government, land grabbing has continued in many of these areas and has also increased in central Burma and in Rakhine State in the west of the country. Current land grabbing is forcing farmers off their land for commercial agri-business ventures, infrastructure projects, tourism development, industrial facilities and gas pipelines. Political and economic reforms, together with relaxed sanctions and a better relationship with the West, have raised expectations of a foreign investment-led economic boom.

           The symbiotic relationship between serving and former Tatmadaw officers and influential private businessmen that flourished under the previous military regime remains largely unchanged under the current administration. Indeed, these alliances are in the forefront to land lucrative joint venture deals with foreign investors. Although widely derided as "cronies" of the military, these businessmen have long occupied a powerful niche in Burma's economy, a role which will be enhanced with foreign investment-driven faster economic growth. At the same time, connections to the security forces provide these firms with the muscle to intimidate or force small landholders off their claimed lands. Rising land grabbing is resulting in greater displacement and landlessness among Burma's rural population. Public dissatisfaction with the situation, coupled with a new openness brought about by the reform process, is leading some farmers and other land owners to protest the seizures. 

For farmers who happen to be in the way of military or business plans, land rights have improved little since a half-century era of military rule ended in 2011. Legal experts in Burma said a new law on peaceful assemblies is being used regularly to arrest, try and imprison people who stand up against land grabs by the rich and powerful. In addition, recent legislation has given the government the authority to seize land in the name of national interest. "The problem is, when the government tries to address a hot-button issue," said Murray Hiebert, of the Center for Strategic and International Studies, "officials simultaneously introduce reformist policies as well as ways to retreat to the behavior of the old days." The two pieces of legislation are being used together against farmers and activists protesting land grabs and other grievances, according to the Assistance Association for Political Prisoners. 

  Claims for more than 100,000 acres have been put before the commission, though that is believed to be a pittance of what was actually taken. The minister said only a third of those claims would even be considered, without fully explaining why. New land laws do not eliminate the potential for more dubious seizures because they include exceptions for loosely defined fallow and virgin lands.

           The much  publicized Lepadoung protest has involved the forced removal of villagers from three villages in Sagaing Division to expand a copper mine being developed by the government-owned Union of Myanmar Economic Holdings (UMEH) and the Wan Bao Co. Ltd, a subsidiary of China North Industries Corp. A protest that included a large number of Buddhist monks supporting displaced villagers was violently broken up by police. Incendiary devices fired into the protest camp severely burned several of the monks, according to press reports. The heavy-handed crackdown sparked outrage across the country.

           In another case, farmers in Mandalay Division filed a court case against the Bureau of Air Defense and the High Tech Concrete company owned by army crony Aik Tun for their perceived as unlawful seizure of 40 acres (16.1 hectares) of land. Most recently, on February 26, a police attempt to break up a protest in Maubin Township, Irrawaddy Division resulted in a clash where one policemen was killed and dozens of police and villagers injured. The farmers were protesting the confiscation of their land by the military in 1996 and its later sale to a businessman in 2004. 

A movement among farmers to win back confiscated land has spread widely across the country, with protesters in most of Burma's biggest cities asking the President for help. In downtown Rangoon, more than 200 landowners were asked to give back land that was confiscated by the government more than two decades ago in 1991.In Mandalay, Burma's second-biggest city, after homes in the city's Myayeenandar Quarter were bulldozed by the municipal committee and land in the Shwe Kyat Yat area was seized by the government's department of construction. In Mingalardon Township, north of Rangoon, more than 100 farmers staged a protest urging a land investigation commission in Naypyidaw to probe the seizure of 800 acres of land since 2010 for an industrial zone. They say they did not receive enough notice or proper compensation when the land was taken by Zaykabar Company, a major Burmese conglomerate.

"If we can't work on the land, how can we survive? We haven't received any compensation or substitute land. That's why we want the president to take action." 
It is understood that the Thein Sein regime is trying to gain legitimacy and get away with impunity for the crimes against humanity committed by the successive military regimes, BSPP, SLORC, SPDC, and USDA. Under the 2008 Nargis Constitution, the state is the ultimate owner of all land and natural resources above and below it. Land rights are exclusively in the form of either leasehold rights, user rights, or the right to cultivate a certain plot of land. These rights are granted on the approval of local government bodies appointed by the central government. Burma's resources are being sold off to the highest bidder. Foreign investors can now lease land for a period of 50 years with two 10 year extensions. In 'undeveloped and remote' areas in Burma, the government will allow foreign investors to hold even longer leases. This seals away swathes of land and ecosystems for generations of farmers and residents – seriously jeopardising their right to food and a secure livelihood. Burma's President has proven he's willing and eager to sell out its residents for personal gain and the benefit of his friends' benefits. Is this the way to feed the poor of Burma? 

In May 2013, 40 ethnic non-governmental organizations from across Burma calls on the government, ethnic militias and the international community to address a surge in land-grabbing, as companies move into Burma's ethnic regions following recent ceasefire agreements. But the two government committees on land use declined to meet the activists. Land Investment Committee, headed by Union Solidarity Development Party MP Tin Htut, and the Land Allotment and Utilization Scrutiny Committee, chaired by Win Tun Min of the Ministry of Environmental Conservation and Forestry refused to meet them  as they have been directed by the Thein Sein government which has something to hide. They have their own hidden agenda.

There was a deep concern over the lack of legal protection of the ethnic land rights. They are increasingly losing farmland to mining or agro-industry firms. The 2012 Land Law and other laws, they said, often fail to recognize land tenure of farmers—especially those reliant on traditional shifting agriculture—or local customary law regarding land. Most ethnic villagers struggle to register land ownership as the procedures are too expensive or because they lack the required ID cards. Most of Burma's ethnic nationalities live in the border regions which are rich in mineral wealth, timber, fertile land and rivers suitable for hydropower dam development. The areas are plagued by long-running ethnic rebel insurgencies against the central government.

Tatmadaw the Biggest Dacoit
An increase in resource-grabbing by military-supported investment projects could also lead to a flare-up in ethnic conflict.  Burmese military had used the ceasefires to expand its presence and to push through projects that confiscate resources from local communities. "However, an Upper House lawmaker says that a parliamentary committee that has investigated land-grabbing by the Tatmadaw will help return some of this confiscated land to affected farmers", the Myanmar Times reports. Minister for Defense Lt-Gen Wai Lwin has informed the Lower House committee that the military would give back the lands in July, according to MP Hla Swe. "The army will give back all farmland confiscated, except that on which buildings have been constructed or are under construction," he said. The committee released a report in March that investigated 565 complaints of land-grabbing by the Tatmadaw in past decades, which had resulted in the loss of 247,077 acres (about 100,000 hectares) of farmland. But a reliable source indicated that this is just one third of what the Tatmadaw has confiscated. However, up to this date nothing has been implemented.

As such, the system is largely incompetent and virtually powerless against powerful vested interests in other parts of the state or private companies. Many farmers in Burma are in debt due to a widespread inability to access credit through formal channels and the high costs of agricultural inputs. Unchecked land-grabbing has the potential to imperil both Thein Sein's political reforms and the overall economic potential of the country. The current lack of transparency and public participation in the planning and decision-making processes involved in land management has served to continue public perceptions that land transfers are frequently undertaken outside the rule of law. This has undermined local confidence in both Thein Sein's supposed democratic government and the overall reform process. The situation is compounded by an enduring attitude in the bureaucracy that treats farmers with contempt, threats and intimidation. Rising landlessness, meanwhile, will push many farmers into cities, creating a new urban underclass and a potential source of instability. 

            Growing discontent among small landowners, displaced agrarians and landless rural workers has the potential to create a powerful voting bloc in the 2015 elections. Nearly 70% of Burma's population of some 60 million live in rural areas, among which one-third are estimated to be landless laborers. Effective land reform promises thus have the potential to win massive popular support at the next polls. In apparent recognition of the importance of the rural vote, Naypyidaw-based parliamentarians are paying more attention to the plight of farmers. Both the majority Union Solidarity and Development Party (USDP) - commonly perceived as the party of the former military rulers - and the opposition National League for Democracy (NLD) have broached the topic in parliament.  

               A discussion about military land confiscations was halted in Parliament in Aug 2013 after a representative, Brig Gen Kyaw Oo Lwin, interrupted the proceedings and urged other lawmakers to move onto another topic. The Tatmadaw has forcibly seized more than 250,000 acres of farmland in the country. During the former military regime, the government allowed the Army to confiscate land to build barracks. However, the Commission found that the Army abused its power by confiscating land and selling it back to others for a profit.

A parliamentary investigation into land grabs ruled  that less than 10 percent of nearly 100,000 hectares of land confiscated by the junta would be returned. This carries enormous ethical implications for western companies, who are quickly lining up to carve a slice of Burma's natural wealth. An offshore oil and gas tender launched in April attracted bids from a number of American and European firms, including Shell, ConocoPhillips, ExxonMobil, Statoil and Total – of which the latter remained active in Burma even after the introduction of European sanctions in 1996.

  Nonetheless, Naypyidaw has made a half-hearted efforts to assuage western predilections for "responsible investment". In 2012, Thein Sein pledged to join the Extractive Industries Transparency Initiative – a global standard that requires the government and companies to disclose all natural resource revenue payments.  But to date, the regime has only completed two out of five steps required to become a candidate country - failing most prominently, and perhaps tellingly, to develop an inclusive multi-stakeholder working group that represents civil society across Burma's ethnic groups. The US, to its credit, is the only country to impose reporting requirements on companies looking to invest in Burma, and also a ban on gem imports citing concerns about ongoing abuses in resource-rich minority regions, including Kachin state. This, along with the Tatmadaw's track record of trampling on civil society voices and siphoning off public funds, should be enough to persuade investors to proceed with caution. 

  In 2013 the Asian Human Rights Commission has followed reports of a larger number of conflicts over land grabs and attempted grabs in Burma. All these events indicate that despite the extensive political changes taking place in Burma, many old habits are continuing under new guises. While the government increasingly insists that things be done according to law, the facts suggest otherwise. Administrators and other officials are on the one hand working harder to give an impression that they have the legal authority to continue with the practices of the past, but on the other hand they are continuing to fail to come up to even the minimal domestic standards required of them. Laws on the books offer extensive opportunities for the military to protect its interests; notwithstanding, military and civilian personnel alike struggle to conform to even the minimal standards of such odious legislation.

  As long as the voices of people in places like Salingyi, Nattalin, Ma-Ubin and Migyaunggan continue to be ignored, or muffled under procedures, regulations and injunctions issued to give a false impression of legality in the continued grabbing of land, it will not be possible to talk meaningfully about democracy and the rule of law in Burma. With the country's poor reputation for human-rights violations and the alleged involvement of businessmen in some of those violations, including land seizures, many foreign investors are wary of investing with partners associated with such unsavory practices. Rising governmental and parliamentary attention to the issue will also bring more scrutiny to arrangements by local and foreign firms seeking to develop land-intensive projects. Media attention will also keep the issue in the spotlight in the lead up to the 2015 elections. 

  Daw Aung San Suu Kyi said that her party had received many complaint letters from farmers and landowners who had lost their land. "Without rule of law, land is seized from farmers and families are displaced," she told the crowd, which include many farmers and displaced land owners who carried placards reading, 

Many people in Burma are living or farming on land to which they have no title, meaning they face eviction if the government decides the land should be used for something else. The lack of secure tenure could inhibit agricultural development, as well as makeing for a difficult environment for investors. What's needed is an inclusive and transparent consultative process to develop a land policy, involving civil society, farmers, private sector companies (including from other sectors using land, such as forestry, mining and tourism) and other stakeholders. This needs to balance interests concerning national food security, economic development and human rights. There was a lack of transparency around the government's granting of land concessions to companies for development, and how the existing tenants of land taken over by firms were dealt with. If Burma starts to implement a consistent and transparent Environmental and Social Impact Assessment process, as foreseen under the Environment Law and the Foreign Investment Law, this should help identify where displacement [of people] is occurring and provide a mechanism for ensuring that it is in line with international safeguards standards. But this is still a long way away from that.

Final Solution
  It seems that all major economic developments in Burma will begin with one commodity,
land. Whatever a multinational company wants to do, be it build a factory, an electrical transmission line, or dig a mine, it will need land. But, there is no land law in Burma. The people do not even have title to land that their families have owned for generations. This means that there is no proper mechanism by which to transfer land, including judicial procedures through which to resolve disputes. Burma, economically, is a corrupt and savage place. International
companies are being courted by the regime, which promises to supply the land. The regime is also using incentives - bribes - to pervert ethnic leaders that have influence in the minority homelands. Reports of inducements to such leaders (e.g. Karen traitor Mutu Say Poe) are
widespread, for example from Myanmar Egress and Dawei Princess for the multi-billion dollar Tavoy Port development. In summary, a terrible corporate rape appears primed and ready to go.

  They are a rallying cry for many groups, from the affected villagers to political groups such as 88 Generation and also ethnic nationality organizations. This creates a strong alliance, which the regime is afraid to confront. If the land is being stolen for a Western company, the protestors should rage against it. When the international business press learns that local people are protesting, the companies, to save face, will have to reverse course (witness Apple's travails with Foxconn in China). Protest alone will stop most if not all major land thefts, and through this halt the corporate juggernaut in its tracks.

Burma remains a mostly rural country, in which the majority of the population relies on small farms for their livelihoods. Regrettably, the rate of landless farmers has been on the rise for several years. The local inhabitants repeatedly suffer serious gross human rights abuses, including forced labor, environmental degradation, bodily terrorization and improper detention, and maltreatment of livings along with land confiscation. Their capacity to prevent these impacts is hindered by their lack of information on respective projects and legal barriers made by the authorities.

The issue of land confiscation has been continued to be one of the largest problems the country has to address. The inflows of foreign investment, the liberalization of the market, and lack of rule of law including both proper legislation and self-determining courts, have resulted in land confiscation to an alarming degree. The peasants have realized that whether it is a military Junta or a quasi-military government under a guise of civilian government as long as the Tatmadaw influence is there they will have no mercy on them not mentioned fairness. Even the five million people appealing to the government to change the constitution does not move the government proves that there is no available democratic means to change this system. Hence the
 quickest solution to this land grabbing problem is for the peasants to rise against the skirt (Longyi) and headdress (Gaung Baung) wearing military to be overthrown just like what the French done to their royalty in 1789. A well-coordinated the 2nd Saya San Peasant revolution is the quickest way for Burma to get rid of this vehemently hated Tatmadaw. So the NLD, 8888 generations, the ethnic nationalities including those in Diaspora should coordinate among themselves and make a concerted drive.



The author can be reached directly bathannwin@gmail.com

BURMA PEACE PROCESS: Rejoicing prematurely or back to the square one?

Posted: 17 Aug 2014 10:32 PM PDT

 Now that the Thein Sein regime has accepted the use of the word "Federal" in the Nationwide Ceasefire Agreement (NCA) and even vowed to implement it to transform the country into a federal union, it seems the main stumbling block has been removed in its negotiation for a peaceful, political settlement with the Nationwide Ceasefire Coordinating Team (NCCT), an umbrella organization of the some 16 ethnic armed groups.



According to RFA report, on 15 August 2014, "The government has accepted the demand to establish a Federal Union, which ethnic armed groups have been asking after for a long time," said Naing Han Tha, leader of the Nationwide Ceasefire Coordination Team [NCCT] set up by 16 armed ethnic groups to negotiate a ceasefire deal with the government.
Naing Han Tha said federalism was the biggest obstacle in efforts to frame a ceasefire agreement, but now that the government has agreed to it, the remaining talks should go smoothly.

"After the government agrees with that part, the rest is not difficult to discuss, I guess," he said.
Meanwhile, RFA reported, on 16 August 2014, one Myanmar Peace Center (MPC), government affiliated set up, staff said that the NCCT's demand of federalism based on democracy, equality and rights of self-determination, was accepted only as a discussion topic, which would be further discussed at the stage of political dailogue phase.

Min Zaw Oo, one of the MPC staff, said that the government alone cannot decide the issue of political system change and that the altering of system would be made according to the result or outcome of the forthcoming, political discussion.

According to Myitmakha Media Group report, on 12 November 2013: The government has not placed many restrictions on holding political discussion apart from prohibiting any sign of secession from the union and violation the sovereignty of the state, Union Minister U Aung Min of the President Office said at the meeting between Union Ministers and political parties held on 11 November 2013.

"There are not so much restrictions in political discussion. The first point is to stop saying secession from the union and the second is to forbid political parties from showing any sign of violation the state's sovereignty. All parties have already been informed that they can discuss all matters except these two points," he said. 

As the proposals for establishing the federal union are under consideration, the Constitution and the armed force that guarantee federalism will appear, he added.

"It's right to discuss ceasefire, but I think issues that have to be politically resolved are to be discussed in political dialogue," said U Hla Maung Shwe of leader of Technical Team of Union Peace Making Work Committee.
In short, it could be taken as we are all back to the square one. This rhetoric, which suppose to be the ground-breaking news in accommodating the non-Burman ethnic armed groups' demand for the acceptance of a federal set up first, so that nationwide ceasefire agreement (NCA) could be signed, has not materialized, as expected by the NCCT. To put it differently, the government has fallen back on its old position, delaying tactics of "open for discussion at a later date " after the signing of NCA.

Meanwhile, The Irrawaddy reported, on 15 August 2014: Burma's President Thein Sein is "failing" in the eyes of the public, according to a poll of more than 6,500 people conducted by a local environmental and social advocacy group.

Though receiving higher marks than in late 2012, the three-stage survey found that the president scored 27 out of a maximum score of 100 at the end of last year, down from the 32 that he scored when respondents were polled in mid-2013. Thein Sein scored 21 when the preliminary poll was conducted in late 2012.

The group Advancing Life and Regenerating Motherland (Alarm), which works on environmental conservation and social affairs research in Burma, on Thursday released the survey, which also gauged public opinion on the performance of government generally and members of Parliament.

Protests against an electricity rate increase, land disputes and Burma's ongoing civil war with ethnic minority groups were all deemed liabilities for Thein Sein by respondents. The arrest of activists protesting the controversial Letpadaung copper mine, the country's still unreformed Constitution and a visit by the Organization of Islamic Cooperation to Burma in late 2013 were also cited as unfavourable developments.

In a video interview, following the survey publicizing, Win Myo Thu President of ALARM said that in order to get a better scoring Thein Sein regime could do two things. One is to uplift the economy so that it benefits the people; and the other, to implement policy that could score political marks for the regime. While working for the betterment of the economy is time consuming and would take times to see result, creating a favourable political climate could be implemented in a matter of short term undertakings. He stressed that for example, arranging a four parties meeting, as called for by various pressure groups, between President Thein Sein, House Speaker Thura Shwe Mann, Commander-in-Chief Min Aung Hlaing and NLD leader Aung San Suu Kyi; and allowing a favourable political give-and-take to achieve peace and reconciliation with the ethnic groups; would go a long way in scoring a better poll result, in a short run. And these gains could put him in a good stead, when nationwide general election take place in 2015.

Such being the case, the government should seriously think and spell out its clear position on the acceptance of federalism as a governing system, rather than placing the issue as just an ordinary one to be discussed at the political dialogue phase, without certainty or really committing to it.


Sunday, August 17, 2014

Democratic Voice of Burma

Democratic Voice of Burma


Govt refuses to reveal framework for political dialogue

Posted: 16 Aug 2014 10:40 PM PDT

The Burmese government is still refusing to share the framework it proposes for conducting political dialogue with ethnic armed groups following the signing of a ceasefire agreement.

Senior advisor for the Myanmar Peace Center, Hla Maung Shwe, said “Many people may misunderstand if we revealed our framework. They might think we are forcing it [on the other side]. That's why we don't want to disclose the specific details ahead of time. We need to negotiate until we agree the framework from which political dialogue can proceed.”

His comments come after two days of talks in Rangoon between the government's Union Peacemaking Working Committee (UPWC) and the Nationwide Ceasefire Coordination Team (NCCT), which represents an alliance of the major ethnic armed groups.

While both sides have spent most of the time at the conference discussing the terms of a nationwide ceasefire agreement, they also discussed the steps for determining the framework which would take political dialogue forward. The delegations had previously agreed that discussions on such a framework would begin immediately, with a fully confirmed structure of terms in place within 60 days of signing the ceasefire, and the first round of talks taking place within 90 days of signing.

"Some political parties have apparently been appraised as to the details of the government's plan for political dialogue. However I believe everyone should be party to this information," said Chin Chin, a representative of the ethnic bloc Nationalities Brotherhood Federation. "This is important to everyone in the country. It is a national cause and an ethnic cause. This agreement is not just for one or two years, it must be set for generations to come."

On Friday, the government delegation announced that it agrees to the principle of establishing a federal union in the country, a proposal long advocated by ethnic leaders.

A third day of negotiations between the UPWC and the NCCT continues on Sunday.

Faithful to the party: Saw Than Myint

Posted: 16 Aug 2014 09:44 PM PDT

The issue of minority representation in the government has heated up recently as Burma's parliament considers a Copernican electoral reform proposal in the lead-up to by-elections later this year and a general election in 2015. As the nation weighs the current "first past the post" system against proportional representation, a nationwide debate has sprung up around which electoral method will be most effective, as well as preventing political blocs that could overpower smaller parties.

Burma's two biggest parties are the ruling Union Solidarity and Development Party and the opposition National League for Democracy. But there are many other distinct political platforms in Burma representing alternative views, as well as ethnic and religious minorities.

DVB's Shwe Aung recently spoke with Saw Than Myint, co-founder of the multi-ethnic Federal Union Party (FUP). Saw Than Myint, who is also the spokesperson for the Nationalities Brotherhood Federation (NBF), explained the history of the two parties and their vision for the coming elections. The FUP, which was formed in 2013 by members of the NBF, campaigns primarily in regions with a Burmese majority to complement the NBF's strong support in ethnic areas.

Q: How many constituencies will the NBF and FUP be contesting in the next by-election?

A: The NBF is looking to field candidates in all three parliaments [the Union parliament and both houses of the bicameral parliament], representing all seven of Burma's ethnic regions. The FUP, which competes in mainland areas, will field four candidates in Rangoon, one in Mandalay and one in Mon State. We will contest in Mon State because the Mon party, which is a member of the NBF, doesn't currently have a candidate for the Thaton constituency. They suggested that we run in the elections there. We have shortlisted candidates but have not made any final decisions.

Q: What is your nomination procedure?

A: In the FUP, party members have to adhere to an agreement not to betray the party. What we saw in the first half of 2014 was that many representatives switched parties after winning seats in the parliament, which we see as disloyal. In order to prevent this, we favour appointment of individuals who will be faithful to the party. Right now we have about three to four nominees in each constituency that we plan to contest in the by-elections, but we won't make our final decision until the election dates are announced.

Q: What other criteria do you look for in a candidate, besides loyalty?

A: First, a candidate must be loyal to the party and second, they must have a strong personal background. Lastly, they must have a college degree. If there are two candidates that are equally qualified, we will favour a female candidate over a male.

Q: How do you expect the FUP and the NBF to fare in the by-elections?

A: As for the NBF, we are confident that we can win every ethnic constituency that we campaign for. The FUP will contest in mainland areas with more parties, and we are viewing the upcoming elections as our introduction to the public. We are hopeful, however, that we will win seats in three constituencies.

Hearing postponed for Kanbalu farmers

Posted: 16 Aug 2014 09:32 PM PDT

A court hearing for more than 170 farmers from Kanbalu Township, who were charged for conducting plough protests on seized lands, has been postponed.

More than 50 have already received prison sentences, and their fellow defendants petitioned the Sagaing Division court on Friday that those jailed should be allowed to attend the court hearing too, said lawyer Zarni Aung.

"The farmers who were charged presented a letter to the court requesting that those already sentenced be included in the hearing," he said. "The judge ordered that the hearing be postponed until 26 August. In the meantime, the judge must consult the other lawyers to decide whether to permit the jailed farmers to be brought back to court."

Aung Myint, a community leader who is actively assisting the Kanbalu villagers involved, said, "There must be rule of law in Burma. Currently Burma has no rule of law. The military, police and private companies join hands to suppress opposition from ordinary folk, just as a village headman would. Burma cannot be called a nation – it is a village."

On Wednesday, some 1,500 protestors rallied for the release of the 57 farmers jailed in March for their involvement in plough protests, a recently popular form of dissent by farmers wishing to publicise their plight in trying to regain control over land which was seized from them by the military, mostly in the 1990s.

Of those 170-plus farmers charged for the March protest, 57 have already been convicted, of whom at least 20 have been transferred to prisons far from their homes and families.

Villagers said that thousands acres of land were seized in Kanbalu in 1997, and the regime later hired tenant farmers to cultivate sugar cane.

The R-word, and its ramifications

Posted: 16 Aug 2014 09:01 PM PDT

On 26 July, UN Special Rapporteur Yanghee Lee issued a press statement at the conclusion of her first visit to Myanmar [Burma] in which she said that she was repeatedly told not to use the term "Rohingya" as this was not recognized by the government. Yet, as a human rights independent expert, she observed, “I am guided by international human rights law. In this regard, the rights of minorities to self-identify on the basis of their national, ethnic, religious and linguistic characteristics is related to the obligations of States to ensure non-discrimination against individuals and groups, which is a central principle of international human rights law. I also note that various human rights treaty bodies and intergovernmental bodies, including the Committee on the Rights of the Child, which I chaired for four years and of which I was a member for ten years, the [UN] Human Rights Council and the General Assembly use the term 'Rohingya'.”

Most of us would agree that she was fully justified in making these remarks on the basis of her experience, and she might have added that several Western governments are of the same opinion. Yet might we perhaps pause to ponder on whether this matter is as uniquely principled as it at first sight seems? The British ambassador in Yangon [Rangoon] Andrew Patrick put the dilemma admirably in a recent interview with Mizzima Business Weekly: “Generally in the UK, and in Europe, ethnic groups are allowed to call themselves by the name they want to use, whether or not that name has any historic validity. Of course when we use it, that's not to say we're expecting some sort of special status or a recognition of the Rohingya as an ethnic group. That is for the Burmese parliament to decide. What I would say is that it's obviously very important for that community to have the rights they are entitled to. And the government has made a commitment to ensure that everyone who is entitled to citizenship under the 1982 law gets that.”

A key phrase here is: “That is for the Burmese parliament to decide.” Another matter of principle is indeed involved. But does anyone doubt that if a vote were to be taken in the 664-seat Union Parliament on a Resolution to recognise "Rohingya" as the designation of an indigenous ethnic national group in Myanmar, it would be defeated overwhelmingly? Indeed, it is most unlikely that there would be more than a handful of votes in favour. We may regret that citizenship in Myanmar is based on ethnicity. But the international community should perhaps take note of the reality, and draw their own conclusions. There is no need to await a vote.

The right of self-identification

UK Foreign Office Deputy Legal Adviser Anthony Aust observed on Page 179 of his Handbook of International Law: “The law of each state primarily determines who are its nationals”. I cannot help wondering then whether there might be a conflict in the particular Myanmar context between international law on human rights and international law on citizenship. The human rights issue in relation to the designation ‘Rohingya’ is that individuals have the right of self-identification. As former UN Special Rapporteur Tomás Ojea Quintana put it on 7 April, though less than mellifluously: “Self-identification should constitute a pillar of the collection of ethnically disaggregated data. It is related to respect for the rights of individuals to assert their own identity. To deny self-identification is therefore a violation of human rights."

But what if the chosen identity is imposed from above? What if it is artificially contrived for political reasons, however seemingly justifiable? What if the individuals concerned, marginalised, poorly educated, desperate for citizenship, really have no choice in the matter? What if statements made concerning the origins of the identity lack all credibility? What if the alternative to accepting "Rohingya" ethnicity were to be ostracised in their own community? In such circumstances, does not an imposed identity also represent a violation of human rights?

It was disappointing that just prior to the recent census the Myanmar government reversed its decision and decided not to allow Arakan Muslims to designate themselves as "Rohingya" if they so wished. It was however in my view surprising that the government agreed to allow this in the first place, since the hostile reaction of the non-Muslim population in Rakhine [Arakan] State could have been predicted. None of the external criticisms levied against the authorities however took the likely reaction of the non-Muslim population into prior account. Nor did this criticism recognise that a failure to reverse their initial decision would most likely have resulted in serious instability and a census fiasco far more serious than what happened. The UN Population Fund and donors should perhaps have realised that pressuring the government to agree unreservedly to international standards might have unfortunate repercussions in the particular circumstances of Rakhine State. They had plenty of warning of the expected delicacy of the census operation and attendant risks.

 The term "Rohingya" totally unknown to the British administration

The origin of the designation "Rohingya" is at present almost impossible to establish. There are even so those who know, but are unlikely to tell us. There are no historical texts. There is general agreement that "Arakan" was in the past called by a variety of very similar names in the Bengali language, including Rohang, Rovingaw, Rossawn, Roang, Reng and Rung “for by all these names is Arakan called by the Bengalese” wrote Francis Buchanan surgeon, botanist, gazetteer and linguist in 1798. A comment he wrote in 1799 that he had in 1785 met a group of transported Arakan Muslims as a member of a British diplomatic mission to the Court of Ava who said they called themselves "Rooinga" is worshipped as quasi-divine revelation by those seeking to establish an historical record, though as I read his account Buchanan noted only that this term meant "natives of Arakan", which is what they were. If you like, they were simply saying: “We come from Arakan, most noble sir, not from Bengal”.

In other articles I have pointed out that the designation "Rohingya" was completely unknown to the British who administered Arakan from 1826 to 1948. It is not to be found in any of the eight censuses compiled between 1872 and 1941. Nor does it appear in any gazetteers, reports or other official documents, nor yet in private reminiscences and correspondence. This total absence of any British record has readily been acknowledged by the Muslim politician U Kyaw Min, who was only released from prison in January 2012 and has a brilliant pedigree as a fighter for freedom and democracy, a former member of the Committee Representing the People’s Parliament during the dark days of the military regime, and currently chairman of the Democracy and Human Rights Party.

But U Kyaw Min went on to say: "Then what about some present-day Rakhine state ethnic peoples: Mramagyi and Dai-net who are also not found in British censuses?” The implication is that the British did not really know what was going on and could not even see the tens of thousands of "Rohingya" living under their very noses. It took me though less than a minute to discover that the "Daingnet" (to give the British spelling) were listed under "F4" in the Suk (Lui) Group in both the 1921 and 1931 Race Tables as resident in Akyab District, and a whole paragraph is devoted to them in Deputy Commissioner R.B. Smart’s 1917 Gazetteer for the district which encompassed both present-day Sittwe and Maungdaw districts. As for the Mramagyi, mostly a Bengal-resident minority which generally migrated from Arakan to Bengal some years before the Burmans arrived in 1785, these are the subject of an article by Francis Hamilton in the Edinburgh Journal of Science in 1824 and are discussed in the 1931 Census report under the designation "Barua" by which the Barua/Mramagyi are known in Bengal. These were, incongruously I admit, enumerated as “Chittagonian Buddhists” in the census, but they were there: little escaped the British colonial eye, though they may occasionally have misinterpreted what they saw.

Another argument put forward to explain the absence of any references to "Rohingya" is to assert that Chittagonians enumerated in the 1911, 1921 and 1931 censuses were not permanent residents of Arakan, but only casual, seasonal labourers who just happened to be in Arakan when the censuses were taken, towards the end of the rice harvest. The intention behind this argument is to "de-Indianise" Rakhine Muslims so far as possible by denying their Bengali ancestry and intensifying their indigenous character. Successive British censuses however, as well as other official reports, give a very clear picture of the steady decline of seasonal labour from Chittagong after the turn of the century and the increasing permanent settlement of both Chittagonians and Bengalis (from wider afield in Bengal) in Arakan. Indeed, casual labour was thought by British officials in 1940 to have declined to no more than 20,000 annually.

In the 1931 census, of 104,769 Chittagonian males and 81,558 females enumerated, 80,680 males and 76,153 females gave their birthplace as Burma  which represents just over 84 percent of all Arakan resident Chittagonians born and bred in the country. They had absolutely no reason to give an untruthful answer as there were no border controls at the time between Bengal and Arakan and they could come and go as they pleased. They represent surely the bulk of the "Rohingya" of today. Almost all Chittagonians in Arakan would have qualified for permanent domicile under an agreement reached with the British government of India in 1941 just before the outbreak of war.

The forlorn quest for the origins of the R-word

If then there is no textual evidence for "Rohingya" prior to independence in 1948, where did the designation originate? Jacques Leider, who is recognised by many as the leading academic authority in this field, has prepared a consummate and succinct analysis of the possible origins of the designation. In this analysis he quotes the Rakhine scholar Khin Maung Saw who contributed a paper to an international conference in Berlin in 1993 at the Humboldt University in which he identified no fewer than five, mutually exclusive and somewhat fanciful pretensions advanced for the origins of "Rohingya", but for none of which there was any actual textual evidence, only folklore, surmise and speculation. One of his versions is "‘Roewengya", which was much favoured by the Muslim banker and scholar U Ba Tha, who seems though eventually to have acquiesced in "Rohingya", no doubt in the interests of presenting a common narrative among Muslims.

Khin Maung Saw’s sixth suggestion is that it might be a hybrid English word thought up by opponents of the regime during the jihadist years which started in 1949, who included the Red Flag Communists. Like Khin Maung Saw, I suspect that "Rohingya" might be a purely synthetic creation with no natural etymology, an attractive concoction nonetheless because it contains the element "Rohang" which means "Arakan" in Bengali. By the 1950s the Burmese government had taken note of the designation and ever so cautiously made a few, though isolated references to the new description in official papers and speeches, while allowing "Rohingya" dialect broadcasts for a time in the Burmese Overseas Service. This indulgence soon disappeared however after Gen. Ne Win’s coup in March 1962.

The issue now facing the international community against the background I have described and which I believe to represent the historical truth, is to decide how we are to refer to Rakhine Muslims who wish to be known as "Rohingya". I stand by my earlier conclusion that if they wish to identify themselves as "Rohingya" by ethnicity – as opposed to race – we should not attempt to dissuade them. Unfortunately, any statement which denies their Bengali roots may not advance their prospects of citizenship.

At issue are three concepts: race, ethnicity and nationality. In English, these three terms have quite distinct meanings. In Burmese, race and ethnicity tend to be expressed in the single term lu myo [literally "person type"] and this may cause problems when the matter is discussed in Burmese. So far as race is concerned – a static, historical concept based on DNA and shared physical characteristics – most Arakan Muslims (including indigenous groups like the Kaman and those known to the British as Zerbaidi, Myedu and Yakaing-kala) have migrated from India over the centuries and originate mainly from Bengal, so that in that sense it is not unreasonable to describe their race (but not their ethnicity) as primarily "Bengali". Up to the outbreak of the Second World War, not a single Muslim was an illegal immigrant and most could trace their arrival back at least two or three generations, and in some cases two or three centuries or more. All would have qualified for Burma domicile, but for the Japanese invasion. Their present ethnicity however – defined by a dynamic sense of common ancestry, based on culture, language, kinship and environment – clearly needs redefinition.

It would seem that Chittagonian migration into Arakan has swamped other Muslim ethnicities which have been subsumed in if not arrogated by those who arrived in the 20th century. The Bengali origins of the mass of present-day "Rohingya" are effectively denied. In this context, it is worthy of note that US Secretary of State John Kerry is reported to have raised the matter of the description of Rakhine Muslims as “illegal Bengalis” so often used by the Myanmar authorities, a description which is historically inaccurate. “To force any community to accept a name they consider to be offensive is to invite conflict, and if the goal is to prevent conflict, then it’s better to set that aside”, an official is quoted as saying, no doubt reflecting the words John Kerry himself had used. On the other hand, I would not agree that: “The name issue should be set aside”, as the official is also reported to have said. Frankly, it needs to be confronted.

In this obscure and unhappy situation, where might a solution lie? It should be recalled that Myanmar leaders have referred from time to time to the principle of citizenship over three generations. Gen. Ne Win himself did so when presenting a preview of the much criticised 1982 Citizenship Act. So did President Thein Sein when discussing the Rohingya issue with UNHCR Antonio Guterres in July 2012 (Burmese text only), at which the suggestion was also made that the UNHCR might wish to resolve the problem by resettling the entire "Rohingya" population. Might not the "three generations" principle provide a basis for eventual resolution of the citizenship issue?

In the meantime, Western politicians and international representatives might reflect when using the R-word. Its use is not helpful to Western agencies and NGOs seeking to re-establish their positions in Arakan and to give aid and support to both Muslim and Rakhine communities. The R-word does not create a climate of reconciliation, nor does it assist Rakhine Muslims to make progress towards citizenship. John Kerry was right to regret the use of “illegal Bengalis” to describe the Rakhine Muslims. But is the West in its turn right to use the word "Rohingya" which is offensive to many Burmese?

Generally, the West has been led up the garden path by very effective international lobbying, and only now are they starting to realise how counterproductive this has been in their quest to provide practical aid and support to a community which has suffered such appalling discrimination and misfortune over the years.

Further reading: Jacques Leider: Rohingya – The name, the movement, the quest for identity

 

Derek Tonkin is the editor of Network Myanmar and a former British Ambassador to Thailand.

The views expressed in this article are the author's and do not reflect DVB editorial policy.