Common vision for Burma’s federalism
According to the organizers of the Union
Peace Conference (UPC), it has been agreed that there will be 3 conferences per
year, each 4 months apart from the other. However, the UPC#2 is not expected to
be held in May as scheduled, due to the fact that the transfer of power to the
new government will take place only in April. “It might therefore even be moved
to October or November,” a source from the peacemaking circle in Rangoon said
recently.
All the same, it doesn’t mean that the
participants of the UPC#1 in January should stay idle. What will mostly likely
come after the new government takes over will most certainly be the revision of
the current framework for political dialogue (FPD) which may allow, among
others, for inclusion of youth and women.
Some of the new government members might
also want to make federalism an exclusive subject for the union legislature,
according to some sources, instead of being a two pronged (both inside and
outside parliament) effort. However, that might call for the amendment of the
Nationwide Ceasefire Agreement (NCA) that was already ratified by the
parliament on 8 December. It is therefore certain to face stiff opposition
especially from the EAOs quarter.
Nevertheless, what all parties have
agreed, judging by the presentations at UPC#1, is that “the way to peace is
through federalism.”
So what kind of federalism are we
talking about? To be able to make informed judgment on it, it is necessary to
look into the basic principles of at least 2 constitutions and 1 draft
constitution:
·
1947 constitution (drafted and
approved before Independence)
·
2008 constitution (drafted by
the military leaders and approved in a controversial referendum after 14 years)
·
2008 draft constitution by the
Federal Constitution Drafting and Coordinating Committee (FCDCC) and endorsed
by 90 organizations
The readers, I’m sure, may like to
decide for themselves: In what principles the three are similar, in what they
are different, and what they may want to suggest to resolve the differences:
1947 constitution (The 7 directives
of Gen Aung San)
|
2008 constitution (Basic
Principles, Article 6.)
|
2008 draft constitution (FCDCC)
|
1.
An
independent, sovereign republic
2.
Autonomy
for constituent states
3.
Sovereign
power derives from the people
4.
Equality
and freedom of expression, of faith, of livelihood, of organization
5.
Adequate
safeguards for minorities
6.
Territorial
integrity
7.
Peace
and friendly cooperation with international community
|
6. The
Union’s consistent objective are:
(a)
Non-disintegration
of the Union;
(b)
Non-disintegration
of National solidarity;
(c)
Perpetuation
of sovereignty;
(d)
Flourishing
of a genuine, disciplined multi-party democratic system;
(e)
Enhancing
the eternal principles of Justice, Liberty and Equality in the Union and;
(f)
Enabling
the Defence Services to be able to participate in the National political
leadership role of the State.
|
1.
Sovereignty
of the people
2.
Equality
3.
Self
Determination
4.
Federal
Union
5.
Minority
rights
6.
Democracy,
Human Rights and Gender equality
7.
Secular
State
8.
Multiparty
democratic system
|
Here the “Panglong Agreement” and the
“Panglong promises” through which the present union came into being should also
be taken into account:
Panglong Agreement
The gist
of the agreement:
Point
1-4. Shan, Chin and Kachin
representatives will be appointed as minister and deputy ministers respectively
responsible for matters relating to Frontier Areas affairs (now known as
Border Affairs)
Point 5. Full autonomy in internal
affairs
Point 6. A
status of state for the Kachins in the future independent Union. (The Chins
then did not request the same status)
Point 7. Rights
and privileges fundamental in democratic countries (which is interpreted by the
author as Human Rights and Democracy)
Point
8-9. Financial autonomy as in
the Federated Shan States for Chin and Kachin
It is
quite significant that the UPWC had refused to adopt the term.
Panglong Promises
During
the 4-day negotiations in Panglong, 8-11 February 1947, the following demands
were made by the Joint Chin-Kachin-Shan Committee, officially dubbed Supreme
Council of the United Hill Peoples (SCOUHP), which was formed on 7 February:
·
Equal
status
·
Joint
responsibility for common subjects such as foreign affairs, defense and coinage
and currency
·
The
right to secede if and when we choose
Gen Aung
San reportedly had accepted all in principle but requested that they be
included in the Union constitution to be a drafted by the upcoming Constituent
Assembly instead. His solemn word of honor thus became known as the promises of
Panglong.
It is
significant that the UPWC has also refused to employ this term.
One thing seems to be clear: Without
common basic principles (or Vision if we may use it), the upcoming UPCs will
merely be a waste of time and resources. Worse, the return of war is
inevitable.
The author is President and
Co-founder of the Shan Herald Agency for News (SHAN). He is also serving as
Managing Director for the Pyidaungsu Institute (PI) for Peace and Dialogue,
which has offices both in Chiangmai and Yangon/Rangoon.
Tags: Opinion