Time For Change (Burma)
Time For Change (Burma)
Time For Change (Burma)
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detail and in all its aspects, the collective view of MRG.
Burma (Myanmar): The Time for Change
By Martin Smith
Contents
Map 2
Preface 3
Introduction 4
Country background 6
Conclusion 34
Recommendations 35
Abbreviations 37
Notes 41
Selected bibliography 44
2 BURMA (MYANMAR): THE TIME FOR CHANGE
Preface
As this Report goes to press there is a chance, however systematic human rights violations against ethnic minori-
small, that Burma and its peoples may be turning towards ty civilians, particularly in the Chin, Karen, Kayah, Shan
peace. The United Nations (UN) Special Rapporteur on and Rakhine states.
the Situation of Human Rights in Myanmar, Mr Pinheiro, Since Burma gained its independence from Britain in
stated at the end of 2001 that this is the country’s ‘golden 1948 it is estimated that over 1 million people are
opportunity’ regarding peace and reconciliation. believed to have lost their lives in violent conflict, and
The military government has been holding secret talks around 2 million have been internally displaced. Much of
with Aung San Suu Kyi, leader of the National League for this conflict has been in ethnic minority regions, between
Democracy (NLD), whose most visible result has been the military and armed opposition groups.
her release from house arrest in May 2002. In addition, It is not always so well known that Burma has a rich
some 15 separate ceasefire agreements have been made ethnic diversity, with its population speaking over 100
between the authorities and armed ethnic opposition different languages and dialects. Ethnic minorities and
groups in recent years. Many of the ethnic minority and indigenous peoples are believed to represent approximate-
indigenous communities now want to be included in any ly one-third of the state’s 52 million inhabitants, with an
peace and reconciliation negotiations. It is therefore in estimated 2 million Chinese and Indian population.
this tri-partite process – bringing together the military While Buddhism remains the largest religion in Burma,
government, the NLD, and the diverse ethnic minority there are sizeable Christian and Muslim minorities.
groups – that the best hope for a peaceful and democratic Decades of conflicts have won little either for the gov-
future for Burma lies. ernment or for fighters from the many armed opposition
Yet Martin Smith, the author of this new report, is groups. Meanwhile poverty flourishes, and education and
necessarily cautious about expressing optimism regarding health care are seriously neglected. Burma is among the
the outcome of these talks. Progress is slow and despite world’s least developed countries. It is the world’s largest
the ceasefires in many areas, conflict is still a reality in producer of illicit opium and faces one of the most seri-
many other parts of the state, human rights abuses con- ous AIDS epidemics in Asia. Refugees continue to flee
tinue, and the military government remains firmly in the state for surrounding countries, and women and girls
power. Aung San Suu Kyi’s NLD party in 1990 won in particular are trafficked elsewhere as prostitutes and
Burma’s first and only general election since the military cheap labour.
seized power, but the military government still refuses to Yet many among the authorities and the armed oppo-
recognize the election result. sition groups are war-weary. If an opportunity for peace
Much has been written about the human rights viola- does exist now, it may not be available for long, and
tions under the military government. These have been therefore the UN, ASEAN, EU and other key actors must
all-pervasive since General Ne Win’s coup in 1962, and make supporting the process of dialogue, political reform
during the subsequent military government of the State and conflict resolution a priority at this time. History has
Law and Order Restoration Council (SLORC) – since shown that a prerequisite for the success of this process is
renamed the State Peace and Development Council that ethnic minority and indigenous communities must
(SPDC). The abuses have been well documented and be able to play a full part in the future of Burma, and
include: the use of child soldiers, forced labour, indiscrim- have their rights promoted and respected. A new Consti-
inate use of anti-personnel mines, rape and other forms of tution for Burma should therefore be inclusive and restore
torture. But whereas the political repression of NLD ethnic minority rights that were originally guaranteed at
activists has been the focus of ongoing international criti- Burma’s independence. The alternative, of continued
cism, less attention has been paid to the gross and repression and bloodshed, is no way forward.
Mark Lattimer
Director
May 2002
‘If we want the nation to prosper, we must pool our In private, however, leading figures on all sides of the
resources, manpower, wealth, skills, and work together. If we country are aware that ethnic minority issues are an
are divided, the Karens, the Shans, the Kachins, the Chins, equally vital element in what the United Nations (UN)
the Burmese, the Mons and the Arakanese, each pulling in a has embraced as the need for ‘tri-partite’ solutions (i.e.
different direction, the Union will be torn, and we will all between the military government, NLD and ethnic
come to grief. Let us unite and work together…’ nationality parties). Far from being a marginal or remote
Aung San, Panglong, February 19471 borderland question, Burma’s troubled history has repeat-
edly demonstrated that ethnic rights and conflict
With these words, the independence hero Aung San resolution are at the centre of challenges facing the coun-
addressed ethnic minority leaders at the historic Panglong try today. Not only do minority peoples make up an
conference, where the ethnic principles of the future estimated third of the population, but it is in ethnic
Union of Burma (Myanmar)2 were agreed. It was a minority areas that many of the most acute political and
prophetic warning. Within six months, Aung San and humanitarian crises exist. This, in turn, has fuelled the
most of his cabinet had been assassinated. The situation debilitating cycle of conflict, militarization and economic
rapidly deteriorated and, by mid-1949, the country was in malaise that has long needed to be addressed if Burma is
the grip of ‘multi-coloured’ insurgencies as a host of dif- ever to progress as a modern nation state. A country of
ferent ethnic and political parties took up arms.3 abundant natural resources and human potential, at inde-
The loss of life and devastating events of these years pendence Burma was deemed to have the brightest future
established a pattern of conflict and state failure that has of any of its Asian neighbours, but, by the late 1980s, it
dominated the socio-political landscape into the twenty- had declined to Least Developed Country status at the
first century. Modern-day Burma enjoys the rich heritage UN, on a socio-economic par with other countries in cri-
of one of the most ethnically diverse countries in Asia, sis such as Afghanistan, Ethiopia and Nepal.
but it has long been among the most strife-torn. The rea- From the year 2000, with the support of the UN
sons for this worrying paradigm have been little Secretary-General, a tentative dialogue was started
researched or detailed. Since gaining independence from between military government officials and Aung San Suu
Great Britain in 1948, Burma has remained one of the Kyi, although the process of talks remained hampered by
most isolated countries in the world. continuing political restrictions and tensions. Govern-
In the twenty-first century, the long-suffering peoples ment ceasefires with over a dozen armed ethnic
are urgently hoping for change. Triggered by the pro- opposition groups were also holding firm, suggesting
democracy protests that swept the country in 1988, that there were indeed leading protagonists who were
Burma has entered a new period of volatility and transi- prepared to seek new ways to end the long-standing
tion. Equally important, this time concern over the political crisis. It needs to be added, however, that there
political crisis has been expressed at the international were other ethnic minority regions where fighting and
level. From forced labour, child soldiers, extrajudicial loss of life were still continuing.
killings and other human rights abuses, to refugees, ille- However, above all, as the country struggled to emerge
gal migrants, illicit narcotics and HIV/AIDS, there are from the legacy of decades of conflict, there was a paucity
many grave issues that prompt anxieties beyond the of mutual discussion over the complex ethnic and minori-
country’s borders. ty issues that need to be addressed. In essence, many of
In attempting to address this scale of challenges, much the challenges facing Burma can be compared to those
international attention has come to focus in recent years experienced by other multi-ethnic countries that have
on the need for dialogue between military government, undergone similar turbulence in the transition to post-
which has been in power since 1962, and the opposition colonial government. Ethnic conflict, non-state
National League for Democracy (NLD), headed by Aung formation, militarization and the struggle for control of
San’s daughter, Daw Aung San Suu Kyi. The NLD won a resources are, sadly, not unique.
landslide victory – although it was not allowed to take But in Burma’s case, there has been little space for dia-
office – in the 1990 general election, the country’s first in logue and only rare face-to-face meetings between the
three decades. different parties during the long years of bloodshed. In
The dilemma of national unity Kachin, Karen and Wa, who were mostly spirit worship-
pers, non-literate (they enjoyed oral traditions) and
International focus in recent years on the conditions of practised ‘slash and burn’ dry-rice cultivation. In the king-
socio-political emergency within Burma has often doms, royal Buddhist rulers presided over city-states,
obscured the extraordinary ethnic diversity and vibrancy of whereas in the hills political authority was usually invest-
the country. Over half a century ago, in the Kachin hills of ed in the village chiefs. Within such a framework,
north-east Burma, the anthropologist Edmund Leach car- political power frequently changed hands from the time
ried out his ground-breaking studies on the patterns of of the great ruler Anawrahta at Pagan in the eleventh cen-
inter-political and cultural exchange among peoples. In tury CE, as various dynasties rose and fell. But it was only
essence, Leach showed that ethnic identity is not innate under the Konbaung dynasty in the eighteenth century,
but fluid and constantly changing, based on interrelations on the eve of the British annexation, that Arakan and the
with other ethnic groups and cultures.6 But while in much Mon kingdom at Pegu were overrun and the authority of
of the international community discussions on ethnicity the royal court at Ava, in the upper Irrawaddy plains, was
and identity have continued to move on, in Burma very extended to borders approximating the shape of modern
few studies have been conducted at all.7 Burma. Generally, many societies and kingdoms were plu-
There are a number of reasons why the ethnic debate ralistic, but the Konbaung rulers were Burmans, apparently
has remained so entrenched in Burma. It is a situation leaving Burman culture in the ascendant at the beginning
described by the American political scientist Josef Silver- of the nineteenth century.
stein as the ‘dilemma of national unity’.8 A first major
reason is the complexity of ethnic politics in the country. Colonial rule
Over 100 different languages and dialects have been iden-
tified, and, although these can generally be categorized As border conflicts arose with British India, the rise of the
into four main linguistic groupings – the Tibeto-Burmese, Konbaung kingdom set the stage for the British annexa-
Mon-Khmer, Shan (Tai) and Karen (Kayin),9 many dis- tion and a second major reason for Burma’s ethnic stasis:
tinctive minority cultures have survived into the the distortions caused by colonial rule. The impact was
twenty-first century. These include the Salom sea-gypsies lasting. Nation-building was never a British objective. In
in tropical Tenasserim, the ‘long-necked’ Kayan (Padaung) three wars between 1824 and 1885, Burma was annexed
of the Shan/Karenni borders and the Nung-Rawang in into the British Empire – not as a sovereign nation but as
Burma’s snow-capped far north. a province of India from which it was not separated until
In many respects, such cultural diversity reflects 1937. In a classic case of ‘divide and rule’, ethnic differ-
Burma’s location on a strategic crossroads in Asia. Here it ences were further amplified through a dual system of
has acted as a historic buffer between the neighbouring government under which Burma was administered as two
powers of China, India and Siam (Thailand). A fertile separate territories: ‘Ministerial Burma’, where Burmans
land, 678,500 square km in area, the country is protected predominated, and the ‘Frontier Areas’, where ethnic
by a rugged horseshoe of mountains that surround the minorities mostly lived. Furthermore, while in Ministerial
central Irrawaddy plains. Over the past 2,000 years, many Burma the monarchy was abolished and a form of parlia-
ethnic groups have migrated across these frontiers, inter- mentary home rule introduced, the frontier areas were, for
acting with other peoples along the way. The result is a the most part, left under the local authority of their tradi-
pattern of cultural interchange and human habitation tional headmen and chiefs.
which, in many areas, resembles more a mosaic than a Such a governing system might have sustained the ‘pax
map of homogeneous or easily separable territories. Britannica’, but, as Michael Aung-Thwin has written, it
Nevertheless, a number of generalizations can be was ‘order without meaning’.11 Not only did it fail to
made. In pre-colonial times, a distinction can be made achieve a sustainable cultural or institutional basis, but it
between the valley-kingdoms of four peoples, the Burman also set the peoples of Burma on different paths of politi-
(Bamar),10 Mon, Rakhine (Arakanese) and Shan, who cal and economic development. It became the source of
were wet-rice farmers, literate, and practised Theravadha many resentments as well. In particular, ethnic minorities,
Buddhism, and the diverse hill peoples, such as the Chin, principally the Chin, Kachin and Karen, were preferred
Ethnic statistics are contentious issues in Burma. Under not affected by the same degree of insurgencies as other
the 1974 Constitution, the political map demarcated minority areas of the country (nor Mizoram and north-
seven ethnic minority states – the Chin, Kachin, Karen, east India) after independence.
Kayah, Mon, Rakhine and Shan – and seven divisions This situation changed dramatically in the late 1980s
where Burmans are in the majority. But this is a simplifi- following the formation of the armed Chin National Front
cation. The last census that attempted a detailed analysis (CNF: an NDF member) and the 1988 pro-democracy
was conducted by the British in 1931, and this identified protests when many Chin students went underground.
135 linguistic sub-groups from 13 ethnic families. The Fighting has since flared in several border areas and large
‘135’ figure is one that the SLORC-SPDC also refers to, numbers of government forces have moved in. Many com-
but minority leaders believe that new studies are long munities have been caught in the cross-fire, and, by local
overdue among the country’s 52 million inhabitants. In estimates, over 50,000 Chins, including many families and
many areas, there is an overlap in populations outside their children, have fled into India and other countries
administrative boundaries, and there are some ethnic abroad to escape fighting, forced labour and other human
groups, such as the Naga and Wa, who, until now, have rights abuses. Chin political parties, which won five seats
never been identified on the political map. Moreover lin- in the 1990 election, have also been banned,51 with three
guistic classifications alone are rarely a reliable basis for MPs-elect, Zahle Tang, Lian Uk and Thang Lian Pau,
ethnic or cultural identifications.49 going into exile, while Chin politicians in Rangoon have
Contemporary population estimates also do not tally still tried to support the 1998 Committee Representing
with projections from colonial times. This can be partly the People’s Parliament with the NLD.
explained by different methods of ethnic identification (for In addition, there have been continuing reports of dis-
example, a tendency to identify Buddhists as Burmans), crimination against Chin Christians, including restrictions
but there are a number of ethnic groups, such as the Shan on the building of new churches and the harassment of
or Karen, who claim that they have been deliberately local pastors.52 This partly reflects Buddhist promotion by
under-represented. KNU leaders, for example, estimate the government officials, who are mostly Buddhist Burmans,
Karen population of Burma at around 7 million, as but also efforts to counteract the CNF as well as Christian
opposed to government figures of little over 2.5 million. evangelical groups that are active in the hills. In March
The following, therefore, can only be a brief overview 2002, a prominent Chin academic, 74-year-old Dr Salai
of major ethnic groups, and it is largely based on the Tun Than, reportedly received a seven-year jail term
political territories and names by which minority identi- under the 1950 Emergency Measures Act for a solo pro-
ties came to be represented in the twentieth century.50 democracy protest in front of Rangoon’s City Hall the
previous year. A Chin NLD MP-elect, Do Thawng, was
Chin also believed to remain imprisoned.
Warnings of a ‘silent emergency’ in Burma were first $35 for Cambodia and US $68 for Laos.75 By any interna-
voiced by the UN Children’s Fund (UNICEF) in 1991, tional standards, these are minimal figures. All the Bretton
and concerns over health and humanitarian issues have Woods’ institutions, including the World Bank, Interna-
continued ever since.71 Burma has proud cultural and legal tional Monetary Fund and Asian Development Bank, also
traditions,72 but in the UN Development Programme’s suspended in-country assistance in 1988, a suspension that
(UNDP) 2001 Human Development Report it was ranked remained in place in early 2002.
118th of 162 nations, and it was placed next to bottom at Similar controversy concerns the government’s Border
190 out of 191 in the table for health system performance Areas Development Programme, which was set up in 1989
in the 2000 Report of the World Health Organization and upgraded into a ‘Ministry for the Progress of Border
(WHO). Underpinning this growing consensus over Areas and National Races’ in 1992. By 2002, it was report-
emergency conditions in many parts of the country have ed that 679 bridges, 64 hospitals, 678 schools and over
been serious failures and under-expenditure on public 2,000 km of gravel roads had been built in the Ministry’s
health and education, which can largely be attributed to 18 administrative regions of the country.76 However, with a
five decades of conflict, militarization and the perennial strong emphasis on construction and ‘nation-building’,
inability of government to achieve reform. According to many ethnic opposition groups suspected its motives, espe-
the UNDP, the result is a pattern of ‘human insecurity’ cially due to the continuing use of forced labour (see p.
that is especially apparent in three ‘disparities’: ‘regional 24) on construction projects and the predominance of mil-
and ethnic’, ‘rural–urban’ and ‘gender’.73 itary officers, most of whom are Burmans, in senior posts.
No reliable figures exist on the loss of life and destruc- There is greater freedom of movement in many areas than
tion since armed conflict began in 1948, but, in the only before fighting halted, and in Pao and Kachin front-line
public estimate, in 1990 the first SLORC chairman Gen- communities, for example, there has been cooperation
eral Saw Maung put the death toll, up until that time, as between the Ministry and ceasefire groups in education,
over a million.74 And, in many respects, it has been including apparent acceptance of the right to use minority
acceptance of the disastrous consequences of unending languages in locally run schools. But until there is political
war that has sustained the ethnic ceasefire movement of reform, any such initiatives will remain tentative. Further-
the past decade, and the efforts to find new ways to solve more, reported expenditure of 22,172 million kyats
problems on the ground. All of Burma has suffered, but (quoted at US $63.34 million) in the first 12 years is just a
in recent decades ethnic minority peoples have been the drop in the ocean of needs. Indeed, in per capita terms, the
main victims – indeed, to the extent that some nationality international aid budget for refugee and exile groups in
leaders fear for the very survival of their peoples unless Thailand is very much higher.77
peaceful solutions are found soon. As a result, although there has been a growing
Since the early 1990s, different UN agencies, including momentum to humanitarian programmes in Burma in
the UNDP, UNICEF and the UNHCR, have been recent years – and this is likely to accelerate in the event
allowed greater access to the country. From 1994, increas- of reform – much of the work is still in early stages. Many
ing numbers of non-governmental organizations (NGOs) projects have produced more an understanding of needs
have also been allowed to establish programmes, such as rather than ultimate progress. In many communities, the
Médecin sans Frontières (Netherlands) and Save the Chil- situation remains of great concern, as a snapshot of recent
dren (UK). Along with UN agencies and the International data and estimates confirms.78 In most cases, however,
Committee of the Red Cross (ICRC), several have reached there is little disaggregated information on gender, ethnic-
into ethnic minority areas, including the Kachin, Rakhine ity and other vital issues in the field.
and Shan states, but their presence is small. All Western
• Decades of conflict have witnessed casualty rates of at
development aid was cut off to Burma in 1988 in protest
least 10,000 fatalities a year if hunger, disease and the
at the SLORC’s assumption of power, and, given interna-
true costs to society are included.79
tional concerns over engaging in Burma, their budgets
• As many as 2 million internally displaced persons and
have remained very low. UN agencies, for example, recent-
refugees have been generated during decades of combat.
ly estimated annual Official Development Assistance to
• Only one-third of the country has access to clean water
Burma at around US $1 per capita as compared with US
and proper sanitation.
Given the legacy of past failures, it would be naive to and other senior officials that Aung San Suu Kyi would
expect easy solutions. The present landscape is complex play a role in future government.130 ‘Success “imminent” in
and fraught with pitfalls. As many observers point out, talks,’ headlined the Myanmar Times in February 2002,
the situation has long been one of promises and potential quoting an SPDC spokesperson.131
rather than decisive breakthroughs. Meanwhile military Just how such a breakthrough might occur, however,
government has continued. was another matter. It is among Burma’s peoples that solu-
Nevertheless, at the beginning of the twenty-first cen- tions leading to a real and lasting peace will ultimately have
tury, discussion of the many political and ethnic problems to be found. But as the country hesitantly moves towards
in Burma is on the internal and international agendas for its third Constitution since independence, the political
the first time in decades. On the international stage, the landscape still appeared obstinately deadlocked, and there
issues of transition and dialogue have been gaining profile were few indications of what constitutional processes might
through the initiatives of the Special Envoy of the UN be mutually agreed between the different sides.
Secretary General, the UN Special Rapporteur on the Sit- Ironically, on paper at least, the goals of all the leading
uation of Human Rights in Myanmar, and the ILO. In parties appear remarkably similar: the development of a
addition, the ICRC has been allowed access to the coun- market-oriented and multi-party democracy, in which
try’s prisons and war-zones, while the introduction of greater attention will be paid to the rights of ethnic
human rights training classes for public officials has been minority groups. This marks a significant change from the
promoted in Rangoon by the Australian government. Marxist-influenced dogmas of national parties in earlier
Against this backdrop of sustained pressure, in the past decades, including the AFPFL, BSPP and CPB. But the
decade the military government has for the first time manner by which so many different parties and interests
taken cognizance, on paper, of several important commit- will come to a consensus over national reform remains
ments to the protection of universal human rights, in very uncertain. And the SPDC’s accusations of an
particular by signing the Convention on the Rights of the attempted coup by members of the Ne Win family in
Child, the Geneva Conventions and CEDAW. UN and March 2002 only clouded the picture further.
international NGO aid organizations have also been As in other countries in transition, from South Africa to
allowed increasing access to many once-forbidden regions Eastern Europe, a number of very different scenarios can be
of the country, including ethnic minority areas long mapped out, but they depend very much on individual
afflicted by war. perspectives. This is where cautions need to be highlighted.
However, of all international initiatives, if change is ever
to come easily and peacefully, most hopes continue to be The Tatmadaw
invested in support for the notion of ‘tri-partite’ dialogue
between the military government, the NLD and ethnic In many respects, the main struggle since 1988 has been
minority groups, with which Mr Razali Ismail of Malaysia, for control of the transitional process, which has been
the UN Special Envoy, was principally engaged. And from dominated by the Tatmadaw-based government of the
the beginning of secret talks between Aung San Suu Kyi SPDC. It is one of least studied or reported of any gov-
and government officials in late 2000, expectations began ernments in the modern world. In private, a variety of
to grow. The pace was very slow, and by April 2002 just views can be heard from military officials. These vary
over 250 of the estimated 1,500 political prisoners, includ- from those who say they are supporting the evolution of a
ing over 800 from the NLD, had been released (as well as modern and professional army that, they claim, will over-
over 300 female prisoners, reportedly detained for ‘criminal’ see the transition of Burma to a stable democracy (unlike,
offences, who were released as a ‘humanitarian gesture’ after they argue, that of the 1950s) – to those, following in Ne
an intervention by the UN Special Rapporteur). Permission Win’s footsteps, who regard the Tatmadaw as the living
for the NLD to reopen its offices was only slowly being embodiment of all national aspirations.
given, and Aung San Suu Kyi remained under house arrest In general, Lt-General Khin Nyunt, who has been
until her release in May 2002. Nevertheless, there was most responsible for the ethnic ceasefires and international
increasing speculation that a breakthrough might soon hap- engagement, is regarded as the main modernizer and sup-
pen, including hints in interviews by General Than Shwe porter of incremental reforms, while the army chief,
At present, given the legacy of difficulties but also the Khin Nyunt and government ministers. On the basis of
countrywide hopes for breakthroughs, it is possible to religious teachings, he stressed Burma’s need for peace and
make both optimistic and pessimistic predictions about justice. ‘Only if there is justice will there be peace,’ he
the future of Burma. However it is vital in the midst of said. ‘No peace without justice, no justice without peace.’
any speculations – and there have been many in recent And this is the challenge that Burma now faces – the
years – not to lose sight of the realities on the ground and need for the establishment of the rule of law under which
the urgency of the need for changes much sooner rather all peoples enjoy equal rights and protection. Indeed, this
than later. For minority peoples, as for Burma’s popula- is precisely what SPDC leaders have promised UN
tion in general, it is only through democratic reforms and organizations that they want to see.146 But as Mr Pin-
the establishment of a consensual government represent- heiro, the Special Rapporteur on the Situation of Human
ing all ethnic groups, as envisaged at independence, that Rights in Myanmar, warned in November 2001, it is
stability and lasting solutions will be found. In reaching vital that the government does not allow the present
for this goal, experiences in the past decade have strongly ‘golden opportunity’ to pass: ‘Nothing can help better
suggested that conflict resolution, demilitarization and the Myanmar than the building of an all-inclusive, account-
building of civil society will be vital bridges in achieving able and transparent democratic process, which would be
reconciliation in the country and supporting the creation able to preserve and consolidate peace, national reconcili-
of the conditions in which democracy can take root and ation and national unity.’147
minority rights be truly enjoyed. The warnings from history are very sobering. Failure
Quite how both political and social reforms are to achieve peace and breakthroughs now, when all sides
achieved is for Burma’s peoples to address and the interna- say that they are willing and seeking solutions, will only
tional community to support, but there is a common link set the stage for future conflicts and injustices that will
in both cases. In December 2001, at the opening ceremo- continue into coming generations.
ny in Kachin state of the Shalom Peace Foundation, the On 6 May 2002, on the release of Aung San Suu Kyi,
Revd Mar Gay Gyi, a Karen ‘peace go-between’ and Presi- the SPDC publicly announced the ‘turning of a new page’
dent of the Myanmar Council of Churches, addressed an in history, while Aung San Suu Kyi spoke at a press con-
audience that included ceasefire leaders, community rep- ference of a ‘new dawn for the country’. Burma’s peoples
resentatives, international aid officials, and Lt-General will sincerely hope that these expectations are fulfilled.
1. Armed conflict the grievances which have lain at the root of the con-
The military government and armed opposition groups flict and political instability during the past 50 years.
should abide by international humanitarian law, including The rights to education and broadcast and print media
the fundamental duty to protect civilians at all times. In in minority languages, use of minority languages in
particular, the illegal laying of mines, use of child soldiers, public and private, and other forms of expression in
extrajudicial executions, torture, forced labour and minority cultures and languages should be guaranteed.
forcible relocation of civilians must be stopped. All parties In addition, a legal framework should be created allow-
to the conflict should take immediate steps to end the ing for the right to the communal ownership of land in
conflict by engaging in constructive dialogue, using ethnic minority areas, and for participation in decision-
appropriate mediators, that will support the promotion of making concerning development, economic
peace and socio-political reform. A nationwide ceasefire programmes and the use of resources.
will be essential, to include all ethnic groups and parties.
5. Discrimination
2. Constitutional reform The authorities should take immediate steps to put an
While MRG welcomes the advent of peace talks, the dia- end to all forms of discrimination, in particular national-
logue between the SPDC and Aung San Suu Kyi, and the ity laws that discriminate against ethnic Indians, Chinese
release of political prisoners, there is a need for all-inclu- or other minority groups on the basis of ancestry or ori-
sive consultations between the military government, gin. In addition, policies should be implemented to
NLD and ethnic nationality parties to continue, in unre- ensure a representative balance of women and men from
stricted conditions, where genuine participation of all all ethnic groups in government and administration.
interested parties is guaranteed. The main focus of these Reforms should also be introduced to put an end to
discussions should be the agreement of an inclusive Con- the existing unequal access of women to health services,
stitution that will provide a framework for the effective and to ensure that information concerning reproductive
participation of all ethnic, religious and linguistic groups health and HIV/AIDS, including advice on prevention
in decision-making processes. In particular, consideration and the public services available, is disseminated in all
should be given to the many existing models for public parts of the country, particularly rural areas. Immediate
participation of minorities, including restoring the ethnic steps should be taken to put an end to forced labour and
autonomy guaranteed at Burma’s independence. The new the trafficking of women, and to the abuse, trafficking
Constitution should also reflect Burma’s ethnic diversity and prostitution of children, in conformity with the rec-
and fully guarantee all human rights, regardless of ethnic- ommendations of the United Nations Committee on the
ity, gender or religion. Rights of the Child.
Non-ceasefire groups
United Nations Declaration on the Rights of Persons 5. States should consider appropriate measures so that persons
Belonging to National or Ethnic, Religious and belonging to minorities may participate fully in the economic
progress and development in their country.
Linguistic Minorities (Adopted 18 December 1992) Article 5
Article 1
1. National policies and programmes shall be planned and
1. States shall protect the existence and the national or ethnic,
implemented with due regard for the legitimate interests of
cultural, religious and linguistic identity of minorities within
persons belonging to minorities.
their respective territories and shall encourage conditions for
2. Programmes of cooperation and assistance among States
the promotion of that identity.
should be planned and implemented with due regard for the
2. States shall adopt appropriate legislative and other measures
legitimate interests of persons belonging to minorities.
to achieve those ends.
Article 2 United Nations Convention on the Elimination of All
1. Persons belonging to national or ethnic, religious and linguis-
Forms of Discrimination against Women (Adopted
tic minorities (hereinafter referred to as persons belonging to
minorities) have the right to enjoy their own culture, to profess 18 December 1979)
and practise their own religion, and to use their own language, Article 6
in private and in public, freely and without interference or any States Parties shall take all appropriate measures, including
form of discrimination. legislation, to suppress all forms of traffic in women and
2. Persons belonging to minorities have the right to participate exploitation of prostitution of women.
effectively in cultural, religious, social, economic and public (…)
life. Article 11
3. Persons belonging to minorities have the right to participate 1. States Parties shall take all appropriate measures to eliminate
effectively in decisions on the national and, where appropri- discrimination against women in the field of employment in
ate, regional level concerning the minority to which they order to ensure, on a basis of equality of men and women, the
belong or the regions in which they live, in a manner not same rights, in particular:
incompatible with national legislation. (…)
4. Persons belonging to minorities have the right to establish (b) The right to the same employment opportunities, including
and maintain their own associations. the application of the same criteria for selection in matters of
5. Persons belonging to minorities have the right to establish employment;
and maintain, without any discrimination, free and peaceful (…)
contacts with other members of their group and with persons Article 12
belonging to other minorities, as well as contacts across fron- 1. States Parties shall take all appropriate measures to eliminate
tiers with citizens of other States to whom they are related by discrimination against women in the field of health care in
national or ethnic, religious or linguistic ties. order to ensure, on a basis of equality of men and women,
Article 3 access to health care services, including those related to fam-
1. Persons belonging to minorities may exercise their rights, ily planning.
including those set forth in the present Declaration, individual- 2. Notwithstanding the provisions of paragraph I of this article,
ly as well as in community with other members of their group, States Parties shall ensure to women appropriate services in
without any discrimination. connection with pregnancy, confinement and the post-natal
2. No disadvantage shall result for any person belonging to a period, granting free services where necessary, as well as
minority as the consequence of the exercise or non-exercise adequate nutrition during pregnancy and lactation.
of the rights set forth in the present Declaration. (…)
Article 4 Article 14
1. States shall take measures where required to ensure that per- 1. States Parties shall take into account the particular problems
sons belonging to minorities may exercise fully and effectively faced by rural women and the significant roles which rural
all their human rights and fundamental freedoms without any women play in the economic survival of their families, includ-
discrimination and in full equality before the law. ing their work in the non-monetized sectors of the economy,
2. States shall take measures to create favourable conditions to and shall take all appropriate measures to ensure the applica-
enable persons belonging to minorities to express their char- tion of the provisions of the present Convention to women in
acteristics and to develop their culture, language, religion, rural areas.
traditions and customs, except where specific practices are in United Nations Convention on the Rights of the
violation of national law and contrary to international stan-
dards.
Child (20 November 1989)
Article 30
3. States should take appropriate measures so that, wherever
In those States in which ethnic, religious or linguistic minori-
possible, persons belonging to minorities may have adequate
ties or persons of indigenous origin exist, a child belonging to
opportunities to learn their mother tongue or to have instruc-
such a minority or who is indigenous shall not be denied the
tion in their mother tongue.
right, in community with other members of his or her group, to
4. States should, where appropriate, take measures in the field
enjoy his or her own culture, to profess and practise his or her
of education, in order to encourage knowledge of the history,
own religion, or to use his or her own language.
traditions, language and culture of the minorities existing
(…)
within their territory. Persons belonging to minorities should
Article 32
have adequate opportunities to gain knowledge of the society
1. States Parties recognize the right of the child to be protected
as a whole.
1 Maung Maung, Aung San of Burma, The Hague, Martinus 19 Smith, op. cit., 1999a, pp. 206–12.
Nijhoff, 1962, p. 124. 20 See e.g. ibid., pp. 224–7; and Pettman, R., China in Burma’s
2 The 1989 retitling of Burma as Myanmar by the military gov- Foreign Policy, Canberra, Australian National University
ernment has been the subject of much discussion (see Press, 1973, pp. 36–7.
‘Ethnic definitions in Burma’, p. 13 in main text). The term is 21 Smith, op. cit., 1999a, pp. 258–62.
used by the UN but is not common English language usage. 22 Ibid., pp. 276–80.
In this report, MRG will continue to use Burma for history 23 For a rare eyewitness account of the struggles in north-east
and consistency, but Myanmar will be employed where quot- Burma, see Lintner, B., Land of Jade: A Journey through
ed by that name. Insurgent Burma, Edinburgh, Kiscadale, 1990.
3 An ex-Prime Minister, U Saw, was later tried and executed 24 See e.g. Smith, op. cit., 1999a, p. 16.
for the murders. For a more detailed history of insurgent and 25 MPs-elect, from other legal parties, ethnic nationalities,
ethnic politics until the century’s end, see, Smith, M., Burma: peasants, workers, civil servants, intellectuals and specially
Insurgency and the Politics of Ethnicity, 2nd edn, London, invited guests.
Zed Books, 1999a. 26 Amnesty International, Myanmar: Prisoners of Political
4 UN Country Team, Myanmar: A Silent Humanitarian Crisis in Repression, London, 2001, p. 1.
the Making, Rangoon, 30 June 2001, p. 1. 27 See e.g. UN General Assembly, Situation of Human Rights in
5 Ibid., p. 2. Myanmar: Note by the Secretary-General, New York, 56th
6 Leach, E., Political Systems of Highland Burma: A Study of session, 20 August 2001.
Kachin Social Structures, London, G. Bell and Son, 1954. 28 See e.g. ILO, Forced Labour in Myanmar, Geneva, 2 July
7 An exception was, Lehman, F., ‘Burma: Kayah society as a 1998.
function of the Shan-Burman-Karen context’, in J. Steward 29 See e.g. O’Shannassy, T., Burma’s Excluded Majority, London,
(ed.), Contemporary Change in Traditional Societies, Urbana, Catholic Institute for International Relations, 2000.
University of Illinois, 1967. 30 Asia Times, 13 December 2001.
8 Silverstein, J., Burmese Politics: The Dilemma of National 31 Reuters, 2 October 1996.
Unity, New Brunswick, NJ, Rutgers University Press, 1980. 32 See e.g. McCarthy, T., ‘Leading God’s Army’, Time (Maga-
9 Such groupings should not be considered as definitive or zine), 7 February 2000.
representative of cultural or political identities. For example, 33 Brown, D., The State and Ethnic Politics in Southeast Asia,
the Karen group has also been put by academics in Tibeto- London, Routledge, 1994, pp. 1, 33–65.
Burmese or Sino-Tibetan as well as ‘Karenic’ groupings of its 34 The armed forces in such countries no doubt possess mili-
own. Similarly, though classified in the Mon-Khmer linguistic tary ‘power’, but, under this paradigm, continued military rule
group, the Wa of eastern Shan state have little real cultural is further confirmation of the weakness of state. See Migdal,
or historical affiliation with the Mons of lower Burma today. J., Strong Societies and Weak States: State–Society Relations
10 ‘Burman’ is usually used in English for the majority ethnic and State Capabilities in the Third World, Princeton, NJ,
group and ‘Burmese’ for language, citizenship or other Princeton University Press, 1988. For a discussion of the
national terms: i.e. an ethnic Shan is a Burmese citizen. Burmese context, see e.g., Smith, M., ‘Ethnic conflict and the
Since 1989, the military government has used ‘Bamar’ challenge of civil society in Burma’, in, Burma Center Nether-
instead of ‘Burman’ and ‘Myanmars’ for ‘Burmese’; see, ‘Eth- lands and Transnational Institute (ed.), Strengthening Civil
nic definitions in Burma’, pp. 12–14 in main text. Society in Burma: Possibilities and Dilemmas for International
11 Aung-Thwin, M., ‘British “pacification” of Burma: order with- NGOs, Chiang Mai, Silkworm Books, 1999b, pp. 20–5.
out meaning’, Journal of South East Asian Studies, 35 Quoted in Naw, op. cit., p. 211.
September 1985, p. 245. 36 This expression has recently been preferred to ‘minorities’ by
12 E.g. the casualty figure during riots in 1938 was officially put many ethnic leaders in Burma: see e.g., Yawnghwe, C.T.,
at 204 killed and over 1,000 injured: Government of Burma, ‘Burma and national reconciliation: ethnic conflict and
Final Report of the Riot Enquiry Committee, Rangoon, 1939. state–society dysfunction’, Legal Issues on Burma Journal,
13 Matthews, B., Religious Minorities in Myanmar: Hints of the no. 10, December 2001, p. 10.
Shadow, monograph, Burma Studies Group, Dekalb, North- 37 National United Party of Arakan, Arakan Information Home-
ern Illinois University, 7 October 1994, p. 1. page, <www.rakkhapura.com>
14 Quoted in Von Der Mehden, F., Religion and Nationalism in 38 The Government of Kawthoolei, The Karens and their Strug-
SE Asia: Burma, Indonesia, the Philippines, Madison, Universi- gle for Independence, KNU Publishing, 1984, p. 3.
ty of Wisconsin Press, 1963, p. 191. 39 Mon Unity League, The Mon: A People without a Country,
15 See e.g. Morrison, I., Grandfather Longlegs: The Life and Gal- Bangkok, 1997.
lant Death of Maj. H.P. Seagrim, London, Faber and Faber, 40 Houtman, G., Mental Culture in Burmese Crisis Politics, Insti-
1947. For this and following events in 1941–8, see also, tute for the Study of Languages and Cultures of Asia and
Smith, op. cit., 1999a, pp. 60–87. Africa, Tokyo University of Foreign Studies, 1999, pp.
16 Silverstein, J., Burma: Military Rule and the Politics of Stagna- 137–56.
tion, Ithaca, NY, Cornell University Press, 1977, pp. 54–5. 41 For a discussion, see Brown, op. cit.
17 For a copy of a letter from Aung San to Karen leaders in 42 Working People’s Daily, 6 August 1991.
1945, promising equal cultural, educational and religious 43 SPDC, Information Sheet, Yangon, Myanmar, no. C-2103 (I),
rights ‘regardless of race, religion or sex’, see Naw, A., Aung 30 January 2002.
San and the Struggle for Burmese Independence, Chiang 44 See e.g. The New Light of Myanmar, 27 February 1998.
Mai, Silkworm Books, 2001, pp. 249–50. 45 The ethnic identities of rulers in pre-colonial Burma are, in
18 The Times, 3 March 1962. fact, not always clear. Kingdoms were poly-ethnic and evolv-
Amnesty International, Myanmar Ethnic Minorities: Targets of Silverstein, J., Burmese Politics: The Dilemma of National Unity,
Repression, London, Amnesty International, 2001. New Brunswick, NJ, Rutgers University Press, 1980.
Angelene Naw, Aung San and the Struggle for Burmese Indepen- Smith, M., Ethnic Groups in Burma: Development, Democracy and
dence, Chiang Mai, Silkworm Books, 2001. Human Rights, London, Anti-Slavery International, 1994.
Burma Center Netherlands and Transnational Institute (ed.), Smith, M., Fatal Silence? Freedom of Expression and the Right to
Strengthening Civil Society in Burma: Possibilities and Dilemmas Health in Burma, London, Article 19, 1996.
for International NGOs, Chiang Mai, Silkworm Books, 1999. Smith, M., Burma: Insurgency and the Politics of Ethnicity, 2nd
Caouette, T.M., Small Dreams beyond Reach: The Lives of Migrant edn, London, Zed Books, 1999a.
Children and Youth along the Borders of China, Myanmar and Smith, M. ‘Ethnic conflict and the challenge of civil society in
Thailand, London, Save the Children (UK), 2001. Burma’, in Burma Center Netherlands and Transnational Institute
Carey, P. (ed.), Burma: The Challenge of Change in a Divided (ed.), Strengthening Civil Society in Burma: Possibilities and
Society, Basingstoke, Macmillan, 1997. Dilemmas for International NGOs, Chiang Mai, Silkworm Books,
Falla, J., True Love and Bartholomew: Rebels on the Burmese Bor- 1999b, pp. 15–53.
der, Cambridge, Cambridge University Press, 1991. South, A., Mon Nationalism and Civil War in Burma: The Golden
Government of Myanmar, Country Presentation for Myanmar, Sheldrake, London, Routledge Curzon, 2002.
Third United Nations Conference on the Least Developed Coun- Thant Myint-U, The Making of Modern Burma, Cambridge, Cam-
tries, Brussels, 2001. bridge University Press, 2001.
International Crisis Group, Myanmar: The Politics of Humanitarian Tzang Yawnghwe, Chao, The Shan of Burma: Memoirs of an Exile,
Aid, Brussels, 2002. Singapore, Institute of Southeast Asian Studies, 1987.
International Labour Office Governing Body, Developments Con- UN Thematic Group on Gender, Myanmar Gender Profile, Ran-
cerning the Question of the Observance by the Government of goon, 15 September 2000.
Myanmar of the Forced Labour Convention, 1930 (No. 29): Report United Nations Working Group, Human Development in Myanmar:
of the High-Level Team, Geneva, ILO, 2001. An Internal Report, UNDP, Rangoon, 1998.
Lang, H., Fear and Sanctuary: Burmese Refugees in Thailand, Itha- Universities Historical Research Centre, The 1947 Constitution
ca, NY, Cornell University Press, 2002. and the Nationalities: Vols 1 and 2, Rangoon, Innwa Publishing
Leach, E., Political Systems of Highland Burma: A Study of Kachin House, 1999.
Social Structures, London, G. Bell and Son, 1954. Vumson, Zo History, Aizwal, Mizoram, 1986.
Lintner, B., Land of Jade: A Journey through Insurgent Burma, Yan Nyein Aye, Endeavours of the Myanmar Armed Forces Govern-
Edinburgh, Kiscadale, 1990. ment for National Reconsolidation, Rangoon, U Aung Zaw, 2000.
Pedersen, M., Rudland, E. and May, R. (eds.), Burma/Myanmar:
Strong Regime Weak State?, Adelaide, Crawford House, 2000.
Indonesia: Regional Conflicts and State Terror Religious Minorities and China, Michael Dillon
Mieke Kooistra Provides an overview of the situation of religious minoriti-
Focuses on the conflicts in Aceh and Moluku as a means es in China since 1949 and considers the contested areas
of highlighting some of the factors that continue to provo- of Tibet and Xinjiang where freedom of religion has been
ke and prolong conflict in Indonesia. particularly suppressed.
2001 ISBN 1 897693 93 1, 32pp, £5.95/US$10.95 2001 ISBN 1 897693 24 9, 28pp, £5.95/US$10.95
working to secure the rights of
minorities and indigenous peoples
‘Let us unite and work together ...’ These words were spo- and ‘transitional’ military rule. In a section on the peoples
ken by the independence hero Aung San, at the 1947 of Burma, he gives an overview of the main ethnic minority
conference where the ethnic principles of the future Union groups: Chin, Chinese, Indians, Kachin, Karen, Karenni,
of Burma were agreed. Within six months, Aung San and Mon, Naga, Rakhine and Shan.
most of his cabinet had been assassinated. Following
independence from Great Britain in 1948, a pattern of con- From the 1990s, Burma has begun to open up to humani-
flict and state failure was established that has lasted to tarian agencies; the report describes how these projects
the present day. A country of abundant natural resources have so far produced understanding of the needs of the
and human potential at independence, by the late 1980s country, rather than delivering decisive progress. Major
Burma/Myanmar had declined to Least Developed Country human rights issues are also discussed: extrajudicial
status. However, as this report goes to press, there is a killings, displacement of populations, forced labour, illegal
small chance that Burma and its peoples may be turning use of landmines and child soldiers. The position of
towards peace after decades of conflict. women and restrictions on freedom of expression of
minority cultures, and the challenges posed by HIV/AIDS
The author, Martin Smith, describes the pre-colonial and and the trade in narcotics are also covered.
colonial roots of the conflicts that have dominated Burma
in the second half of the twentieth century, and the This timely report gives a concise picture of the major con-
attempts to resolve them at independence. He discusses flicts in Burma during the last century and the issues it
the periods of parliamentary democracy, military socialist faces in this one, at a crucial moment in its history.
Minority Rights Group International 379 Brixton Road, London, SW9 7DE, United Kingdom ISBN 1 897693 53 1
Tel +44 (0)20 7978 9498 Fax +44 (0)20 7738 6265
Email minority.rights@mrgmail.org Webside www.minorityrights.org