Vision for the Future

Vision for the Future

(08 December 2001)

Sai Myo Win, General Secretary

Shan Democratic Union

Mr Chairman, Delegates, Ladies and Gentlemen:

On behalf of the people of the Shan State, I would also like to thank Norwegian Church Aid, Norwegian Burma Committee, Worldview Rights, and the Norwegian Government, for taking the initiative to address the issue of Burma. I am also honoured to speak alongside guest speakers here and to present the Shan position.

I agree with the points raised by my colleagues and fully support the political initiative being proposed by the ENSCC.

But before I continue, I would like to clarify what the SDU is and what its relationship is to the ENSCC and the rest of the Shan community. As explained earlier by my colleague Harn Yawnghwe, each of the 8 constituent states of Burma are not homogeneous ethnic states corresponding to their given names. Instead, they are historical states and multi-ethnic in nature but carry the name of the dominant ethnic group.

For example, the Shan State’s population include the Shan, Kachin, Pa-O, Palaung, Wa, Kokang, Lahu, Lisu, Akha, Kayan, Padaung, Intha, Danu, etc. Together they make up about 20% of the population of Burma. The Shan State covers an area that is 23% of the total area of Burma. Shans make up about 60% of the population of the Shan State. Because of the civil war each of the groups in the Shan State have their own political and armed organizations. But I wish to emphasize that we usually live in harmony with each other and we are waging a war of resistance in unison against the Burma Army.

Amongst the Shans as a whole, the Shan National League for Democracy that won 23 parliamentary seats in the 1990 elections is recognized as the legitimate voice of the Shan people. In addition, there are 3 independent Shan State Armies – Shan State Army (North), Shan State Army (Central), and Shan State Army (South). The North and Central Armies have ceasefire agreements with the SPDC. The Southern Army is continuing to resist. But all 3 armies have an understanding between themselves and accept the leadership of the SNLD. The 3 armies would have merged but were prevented from doing so by the SPDC. Outside the Shan State, there are many Shan organizations and the SDU is the umbrella organization whose task is to make the voice of the Shan people heard internationally. The SDU coordinates with the Shan State Armies and the SNLD.

The ENSCC has invited the political body of the SSA (South) which is known as the Restoration Council of the Shan State to participate in the new Panglong initiative. The SSA agrees in principle but has not yet formally ratified it. The representatives of the RCSS also had some technical difficulties getting here and I was requested to represent the Shan State.

As I said earlier, I agree with the ENSCC initiative. The Shans firmly believe that the crisis in the Union of Burma today is rooted in a political problem, specifically a constitutional one – the non-adherence to the spirit of Panglong.  If we can address this, we have a solution to the fifty-year civil war we have been fighting.

The Shans, therefore, welcomes the current ‘Talks’ between Daw Aung San Suu Kyi and the State Peace and Development Council (SPDC)  and hope that these ‘Talks’ will lead to a wide-ranging and in-depth political dialogue, involving all stakeholders that will eventually lead to a new constitutional arrangement between the various constituent states of the Union of Burma as was envisioned in 1947.

There are many issues that need to be addressed before we get to that stage but some basic principles could be agreed upon by all participants to facilitate the process:

MORATORIUM - In the initial stage of the transition, before a constitutional arrangement between the historic states of the Union is decided upon, all parties should agree to refrain from attempting to subdivide or change the boundaries or names of the current historical states. All issues of concern should be addressed in subsequent constitutional talks.

HUMAN AND CITIZENSHIP RIGHTS – Agree that all citizens of the Union regardless of their ethnic or social background, religion or state of residence, have the same basic human and democratic rights. It should be further agreed that illegal immigrants have the basic human rights as set up in the Universal Declaration of Human Rights. They, however, do not have the same democratic rights as citizens.  Cultural and religious rights of each group must also be respected.

DECENTRALIZATION – Agree that all states within the Union should consider decentralizing their administrative structures to enable the multi-ethnic societies in their midst to function in harmony with their respective neighbours and prevent the unjust domination of one group over the other. Decentralization, however, should not be taken to mean that the federal government cannot have policies that will benefit the whole nation.

INCLUSIVE REPRESENTATION – Agree that an inclusive representation system should be considered for all electoral processes within the Union including state and local elections, in order to enable smaller ethnic grouping to participate fully in the political process. Such a system will enable multi-ethnic societies to function in harmony with their respective neighbours and prevent the unjust domination of one group over the other.

To discuss some of these concepts, we have within the overall National Reconciliation Program started a Shan State Constitution Drafting Commission. The Commission is multi-ethnic in composition and 5 of its 11 members are women. The Commission will be raising various issues on how the different ethnic peoples in the Shan State want to relate to each other and discuss procedures on how different issues can be resolved in a democratic way.

We are aware that not every group in the Shan State can as yet freely participate in the current process, therefore, the constitution we are drafting is of necessity only a model which will have to be modified at a later date. But we feel that we need to start the process of dialogue to enable us to realistically deal with the many issues we will face in the future. Lessons learnt will also be valuable for others who will eventually have to deal with the problems.  It will also lay the ground work for the new Panglong Conference when each state will have to discuss at the national level how they want to relate to each other.

I am happy to inform you that the other states have also started a process of drafting their own state constitutions. In fact, representatives from the State Constitution Drafting Commissions of the Arakan, Chin, Kachin, Karen, Karenni, Mon and Shan states are currently in Germany to look at the German federal model. Such joint-working groups will also enable the various State Constitution Commissions to compare notes and ensure compatibility within an overall federal structure. They are also being accompanied by representatives from the National Coalition Government of the Union of Burma and the Burma Lawyers’ Council. We believe that such exercises can give us a better understanding of the problems we could face in the future and will contribute to the betterment of the Union of Burma.

I would like to conclude by once again endorsing what my colleagues have said before me, especially the forward looking proposals made by the ENSCC. I am certain that our non-Burman compatriots in Burma including the ceasefire groups can agree to them.

A similar proposal was made by Khun Htoon Oo, the leader of the Shan National League for Democracy. In order to allow non-Burman ethnic nationalities to work out a ‘common position’, he called for:

• A nationwide ceasefire,

• The freedom of assembly and meeting,

• A free passage for non-ceasefire groups like the SSA (South) and the KNU, for consultations, and

• The re-instatement of banned political parties.

The Panglong Agreement in 1947 was the first and only time all the peoples of Burma agreed to work together to form a nation. Given the desperate condition Burma is in today, it is time for all the peoples of Burma to once again work together.

A call from the ENSCC to return to the spirit of Panglong with the New Panglong Initiative is not only timely but very appropriate. I sincerely hope, the State Peace and Development Council will give it serious thought and respond in a positive and constructive manner. Thank you.