Burma needs constitutional rectification to stop civil war

By - Zin Linn 

 

Recently, Burma’s new government has released a number of statements indicating its willingness to reach settlement with ethnic armed-groups and political opponents, domestic and exile. Regrettably, those offers have been considered inconsistent.

According to the speech delivered by President of the Republic of the Union of Myanmar (Burma) U Thein Sein at the first Pyidaungsu Hluttaw (Union Parliament) second regular session, he and his government has been gearing up to work with the international community.

For instance, the president said, “Our government has inherited traditional foreign policy which has never been harmful to international and regional stability and security and it is maintaining friendly relations with global nations. What’s more, we are trying to stand tall as a dutiful member of the global family in international and regional organizations. For this reason, we have officially proposed to take the ASEAN chairmanship in 2014. We are extending the hand of friendship to all global nations and all international organizations including the ASEAN.”


It is obvious that President Thein Sein’s government has set its sights on being allowed to hold the chairmanship of the Association of Southeast Asian Nations (ASEAN) in 2014, a year before the country’s next scheduled polls.

Although Thein Sein’s government seems to make softer its political stance against its opponents in recent weeks, it fails to do more tangible improvement. For example, the release of political prisoners and approval of settlements with ethnic armed-groups are still delayed as yet.

However, Thein Sein emphasized that his new government was working for “citizen rights.”
“We are ready to co-operate with the international community,” he underlined.

Even though, the Thein Sein government turns a deaf ear to calls for the release of political prisoners. Besides, the government repeatedly declares the National League for Democracy, led by Suu Kyi, an unlawful party.
In addition, Thein Sein told members of parliament that his government will pay attention to oppositions’ suggestions. He said the government has already prepared to talks on peace with armed ethnic groups since the progress of the frontier areas is dependent on stability.

But, the Kachin Independence Organization (KIO) has rejected an offer of new peace talks from the government. On August 18, the government proposed joining in peace talks towards ethnic armed groups. But, it was dumped by the KIO and the United Nationalities Federal Council (UNFC), because the government uses merely bilateral meeting which really is a divide-and rule policy towards ethnic groups without considering the Panglong Agreement.

Lar Nan, Joint-General Secretary-2 of the KIO, said it will not talk bilaterally any more with the government since such negotiation failed in the past. Talks between the KIO and the Burmese government were also abortive in 1963, 1972, and 1980 respectively; they all failed to get to the bottom of the political standoff between the two sides.

Currently, KIO declared that it will talk through the ethnic alliance, the United Nationalities Federal Council (UNFC), keeping on the spirit of the Panglong Agreement.

On the contrary, the military-backed Burmese government announced its rejection of peace talks based on the principles of the 1947 Panglong Treaty to the Kachin Independence Organization (KIO) on the weekend, according to the Kachin News Group. The government sticks to the 2008 controversial constitution as the guideline for the peace talks.

On August 15, in response to charges during August 12 press conference by information minister Kyaw Hsan, the Restoration Council of Shan State / Shan State Army (SSPP/SSA) issued a statement urging all parties concerned to revitalize the 1947 Panglong Agreement signed by the Burmese leader Aung San and leaders of the (then known as) Frontier Areas, Shan Herald Agency for News said.

SSPP/SSA says in its statement, “Instead of regarding ethnic peoples as enemies and accusing them as subversive elements, it’s high time national reconciliation was being forget by the present authorities on the basis of equality, justice and the Panglong Agreement.”

The historic agreement basically guaranteed self-determination of the ethnic minorities and offered a large measure of autonomy, including independent legislature, judiciary and administrative powers. However, the dream of equality and a federal union is far from being realized some six decades after signing the Panglong Agreement.

Burma’s new Constitution, approved in a May 2008 referendum, is inundated with misleading principles. It says the country must be united under one military command. To bring the ethnic groups in line with this proviso, the military regime has ordered all armed rebel groups to become part of Burma’s border guard force ahead of the 2010 election.

Ethnic minorities have been suffering through five decades of brutal military operations in the name of national unity. Attacks on these rural civilians continue on a daily basis. There is a constant demand from Burma’s ethnic groups to enjoy equal political, social and economic rights. The Constitution must guarantee the rights of self-determination and of equal representation for every ethnic group in the Parliament. It must also include provisions against racial discrimination.

At the June-2004 National Convention, 13 ceasefire groups submitted a political proposal demanding equal access to the plenary session. But the convention’s convening committee dismissed the proposal as improper. When the 2008 Constitution came out, none of the political points proposed by the ethnic representatives were included.
There is a big gap between the military junta and the NLD led by Aung San Suu Kyi. To the military autocrats, allowing the ethnic minorities to enjoy equal political, social and economic rights is a hazard to national unity and sovereignty. To the NLD and ethnic alliance parties, granting equal rights to ethnic minorities will guarantee peace, stability and prosperity of the country.

In his latest speech, President Thein Sein said, “We know what happen to people and what people want. And we are striving our best to fulfill their needs to the full extent. To conclude my speech, I promise that our government as a democratically-elected government will do our best for the interests of the people.”
If the president really knows what people want, he should think about amending of the controversial constitution in which none of the political aspirations suggested by the ethnic representatives was integrated. If the current government truly committed to start political reforms, the first thing it should take into consideration is providing access to debate on constitutional flaws in the parliament.

Without a debate on the 2008 Constitution by all stakeholders, Burma will not win through its political catastrophe.

If the president wanted to do his best for the interests of the people, he should not be a dogmatist sticking to the unreasonable bill which will prolong the ongoing civil war.
- Asian Tribune -

Source : http://www.asiantribune.com/news/2011/08/25/burma-needs-constitutional-rectification-stop-civil-war