The 4th NCA draft: Deadlock or last hurdle?
For more than a month since
the end or the 6th Union Peacemaking Work Committee-Nationwide
Ceasefire Coordination Team (UPWC-NCCT) negotiations, no new formal meeting has
been called. According to the Myanmar Peace Center (MPC) that is currently visiting
Chiangmai for an informal meeting with the NCCT, it will be coming only after
13 November, when the Asean Summit chaired by Naypyitaw drew to a close.
Looking through the 4th
draft that was produced by the UPWC-NCCT meeting, 22-26 September, one may be
able to make an informed guess whether we may or may not see a Nationwide
Ceasefire Agreement (NCA) signed soon.
First, let us see what both
sides have agreed so far:
§ The
Three National Causes (Non-disintegration of the Union, Non-disintegration of
the national sovereignty and Perpetuation of national sovereignty) as proposed by the UPWC
§ The
Spirit of Panglong (but not the Promises of Panglong) as proposed by the NCCT
§ Military
preparations either for defense of the country or defense against external
dangers should be discussed and implemented by both sides in ceasefire zones
(Questions may arise as to the difference between “defense of the country” and
“defense against external dangers” and whether there should be “non-ceasefire
zones”)
§ Establishment
of liasion offices in locations deemed necessary
§ Non-participation
of Civil Society Organizations (CSOs) in the planned political dialogue, as
proposed by the NCCT (They have other roles to play, according to the NCCT)
§ Violations
of NCA will be resolved peacefully by parties concerned instead of by Union Peacemaking
Central Committee (UPCC) as proposed by UPWC (UPCC, to all intents and
purposes, is another name for the National Defense and Security Council, the most
powerful organ in the whole Union)
N.B
The NCCT had proposed a Joint Union Peace Dialogue Committee (JUPDC)
The following are points that
need to be further discussed:
§ The
UPWC says the present Tatmadaw (armed forces), being made up of multi-ethnic
nationalities, is already a Union Armed Forces (or even a Federal Union Armed
Forces though the military is against using the word “Federal”). Somehow this
doesn’t sound right to the NCCT
§ The
NCA must be signed by all acceptable Ethnic Armed Organizations (EAOs) as
proposed by the NCCT which the UPWC doesn’t agree
§ The
formation of Joint Ceasefire Monitoring Committee at different levels and Joint
Union Peace Dialogue Committee (The UPWC only agrees to have a Joint Ceasefire
Monitoring Committee but still undecided about setting it up at different
levels. It is also for the UPCC to oversee the whole peace process)
§ As
mentioned earlier, the term “Ceasefire Zones” as proposed by the UPWC. The NCCT
argues after the NCA is signed, all territories in the Union become ceasefire
zones. “Does designation of specific ceasefire zones mean we will still fight
outside them?” one NCCT member has remarked.
§ The
removal of the chapter dealing with Interim Arrangements and Code of Conduct by
the UPWC which counter proposes that a new team be formed to negotiate them
§ The
UPWC proposal that the EAOs don’t expand their forces and recruit new members
(The NCCT has counter proposed that the EAOs will discuss and implement
reduction of recruits instead)
§ On
the NCCT side, it is considering UPWC proposal that there should be a joint
management of local development, environmental conservation, promotion of literary and cultural activities
and peacekeeping (Some NCCT members,
notably the Shan State Progress Party, has proposed that local civilian
representatives be included)
§ The
NCCT proposal that apart from the UN Secretary General, representatives from
other countries such as India, China, Japan, Asean, US and UK be witness signatories
and that they are allowed to play significant roles such as being observers to the Joint Ceasefire
Monitoring Committee)
§ Further
details on repositioning of troops
The two sides also need to
discuss further on points that were agreed earlier but backed out from at the
latest meeting:
§ That
the NCA should be submitted to the Union Assembly instead of should be ratified
by the Union Assembly (The MPC says “submitting the NCA” is a proper
technical wording because the executive cannot give orders to the legislature.
However since the government party has 53% of seats and the military 25% of seats
in the Union Assembly, that should be no problem.)
§ Implementation
of the DDR (Disarmament, Demobilization and Re-integration) before political
dialogue begins instead of after political settlement has been reached
as agreed earlier (The MPC says the UPWC has once again agreed to keep it as it
was in the third NCA draft)
§ The
President and the Commander-in-Chief will be witnesses at the NCA signing
ceremony instead of being signatories as agreed earlier (The MPC says the
change was prompted by the growing military distrust of the NCCT following the
Congress of the United Nationalities Federal Council which announced its
takeover of the negotiation team on 2 September)
The question
now is: Do the people have any chance for peace in our time?
Tags: Opinion