A rights report on 22 April by the Shan Human Rights Foundation (SHRF) claims that the ongoing clashes between ethnic armed groups and Burma army are due to a flaw in the 2008 constitution that grants an authoritative power to the armed forces over the presidency, in which the former may abuse its power by passing the presidential authority.

The SHRF urges that Burma army troops withdraw from the war zone where its battalions are waging war with the Shan rebels in Tangyan Township, northern Shan State, following reports of Burma army committing atrocities, human right abuses, and rapes. In order to stop such abuses and improve human rights for the locals, the report urges President Thein Sein to take a leading role and requests the international community to play a role in petitioning the president to consider the case as serious, said in the statement released by the Shan Human Right Foundation on 22 April.

“Due to the recent clashes between Shan State Army (SSA) North and the Burma Army, it is reported that thousands of people have fled from the war conflict zone in Tangyan Township. Subsequently, atrocities, abuses and human rights violations such as raping, beating and extortion of villagers by Burma Army are also reported. Some people have lost their lives and some injured from landmines. The Burma Army also fired mortar shells over villages resulting in people losing their houses and properties. Although both sides have already signed the ceasefire agreement, fighting still continues,” said Kham Harn Fah, director of SHRF.

The Shan State Progress Party/Shan State Army (SSPP/SSA) had signed the ceasefire agreement with Naypyitaw on 28 January 2012. Nevertheless, fighting is still going on as the Burma army has been reinforcing its troops into the SSPP/SSA controlled areas. Which also involves people being used as human-shields.

If the president were unable to make use of his authoritative power to alleviate the people anxieties and secure their life security, their daily life will be in danger. The SHRF statement strongly urges the president to take full responsibility for a genuine peace to prevail among the people.

“The President has already ordered the armed forces to stop fighting against the ethnic armed groups. But the armed forces would neither listen nor withdraw and thus clashes are continued until now. It means that the presidential authority is not effective on the armed forces in which the 2008 constitution has clearly authorized the armed forces exceptional independence from the presidential power. We want the Burma Army to stop using forces, but they would not listen to us. This is why this report has come into being. We want the international community to understand the situation in the frontlines where battles are being fought, as to how people are being abused by Burma army units. At the same time, we also would like to encourage the president to urge the Burma army from using forces. If possible, we would like to invite the international community to come and witness and talk to the displaced refugees who have fled from the war zones,” Kham Harn Fah told SHAN.

With regards to the report by the SHRF, Kham Harn Fah adds: “the reason is that the 2008 Constitution has granted the authoritative power to the armed forces over the presidency. So, president cannot command the army. For a genuine peace to prevail in the country, it is a must to amend the 2008 constitution.”

The constitution’s Chapter I, Section 20 (b) says, The Defense Services has the right to independently administer and adjudicate all affairs of the armed forces. And in Section 20 (c), it says, “The Commander-in-Chief of the Defense Service is the Supreme Commander of all armed forces.”

Shan Human Rights Foundation (SHRF) was founded on 6 December 1990 under the leadership of Hkun Kya Oo, son of Hkun Kya Bu, a signatory of the 1947 Panglong Agreement. Its publications include Dispossessed: Forced relocation and Extrajudicial killings in Shan State (1998) and License to rape: The Burmese regime’s use of sexual violence in the ongoing war in Shan State (2002) together with Shan Women’s Action Network (SWAN).