Law Safeguarding the Rights of National Races: Better to ratify UNDRIP

On 24 February 2015 , the Law Safeguarding the Rights of the National Races was promulgated. The following is a short commentary by Richard Zatu, a researcher at the Pyidaungsu Institute (PI) for Peace and Dialogue.

1. If the country were already a federal union, with th right of self determination for every constituent state, this law would have been superfluous.

2. How effective this law will be depends on how strictly the under par democratic 2008 constitution is being enforced. For example, the law has nothing to say about the ownership of agricultural lands and forests by the national races. But according the constitution’s Article 37, The Union (a) is the ultimate owner of all the lands and natural resources above and below the ground, above and beneath the water and in the atmosphere of the Union.

3. The term” national races”, at first glance, appear to include the Burman majority, but later articles show the Burmans seem to have been excluded.

4. There is nothing to assure that the person to be appointed as national races affairs minister should be a non-Burman. Also there is no answer to the obvious question: Whether a non- Burman should or should not be appointed as a minister in other portfolios if the national races affairs minister is a non- Burman.

5. The law should also have addressed discriminatory practices largely common in appointment and promotion of civil and military personnel and foreign scholarships. These discriminations have forced non- Burman intellectuals to seek jobs and residence outside the country.

6. Instead of stating that national races’ mother tongues will be allowed to teach and learn at schools, it should be stated clearly that they have the right to be taught and learned during school hours.

7. Informing and coordinating with national races in matters of development projects are simply not enough. It should be stated plainly that their consent is also required.

8. A one- year imprisonment for obstructing the rights of the national races is far from being stiff, as it is highly unlikely that the offender would be a non-Burman.

9. The words “in accordance with law” and ” if not against the law” are extensively used in the text.

10. We have yet to hear that the country has ratified the United Nations Declaration of the Indigenous Peoples (UNDRIP) which was adopted on 13 September 2007. It should be and the rights stipulated therein implemented, the sooner the better.

Leave a Comments

promotion

SHAN Membership

฿ 19฿ 169 /mo
  • ၶဝ်ႈႁူမ်ႈ ႁဵၼ်းဢဝ်ၵၢၼ်ၶၢဝ်ႇ၊ ရေႊတီႊဢူဝ်ႊ၊ ထႆႇႁၢင်ႈ၊ Blogger, Vlog ထႆႇဝီႊတီႊဢူဝ်ႊ တတ်းတေႃႇ ႁဵတ်းဢွၵ်ႇ ပိုၼ်ၽႄႈ
  • ၶဝ်ႈႁူမ်ႈၵၢၼ်တူင်ႉၼိုင်ၸုမ်းၶၢဝ်ႇၽူႈတွႆႇႁွၵ်ႈ ၼႂ်းၶၵ်ႉၵၢၼ်ပူၵ်းပွင်ၵၢၼ်သိုဝ်ႇ
  • ၶဝ်ႈႁူမ်ႈပၢင်လႅၵ်ႈလၢႆႈပိုၼ်ႉႁူႉပၢႆးႁၼ် ဢၼ်ၸုမ်းၶၢဝ်ႇၽူႈတွႆႇႁွၵ်ႈၸတ်းႁဵတ်း
  • ၶဝ်ႈႁူမ်ႈပၢင်ဢုပ်ႇဢူဝ်းတွင်ႈထၢမ် ၵဵဝ်ႇၵပ်းငဝ်းလၢႆးၵၢၼ်မိူင်း၊ ၵၢၼ်မၢၵ်ႈမီး၊ ပၢႆးမွၼ်း လႄႈ ႁူဝ်ၶေႃႈ ဢၼ်ၶႂ်ႈႁူႉၶႂ်ႈငိၼ်း။
  • လႆႈႁပ်ႉဢၢၼ်ႇ ၶၢဝ်ႇၶိုၵ်ႉတွၼ်း ပိူင်ပဵၼ်ဝူင်ႈလႂ်ဝူင်ႈ ၼၼ်ႉ။

Related article

Latest article

Senior General Min Aung Hlaing is sworn in as the President of Myanmar

MYANMAR’S POLITICAL LANDSCAPE: No Short Path to a Durable Peace

0
Senior General Min Aung Hlaing, the military leader who seized power in 2021, was sworn in as self appointed president at the junta’s Union...
Sai Nyunt Lwin (left), chairman of the SNLD, and SHAN Burmese Editor Nang Seng Nom

SNLD Chairman Calls for Inclusive Dialogue, Warns War Alone Will Fail

0
As Myanmar enters another uncertain political transition, questions remain over whether dialogue can still play a role in ending the country’s prolonged conflict. Nang Seng...
Villagers confront authorities

Pressure and Power: Half of Hopong Protest Detainees Still Held

0
Only six of the 12 villagers arrested in Nyaung Pin Village, Hopong Township, southern Shan State, after protesting land confiscations have been released, despite...
The rescued victim in Muse after escaping alleged abuse linked to a job scam

Young Woman Rescued in Muse After Abuse Linked to Job Scam

0
A 20-year-old woman lured to the border town of Muse with promises of employment in China has been rescued after escaping alleged abuse and...
Inle Lake in southern Shan State

Rice Production Declines in Inle Lake Region

0
Rice cultivation in the Inle Lake region of Nyaungshwe Township, southern Shan State, is declining sharply due to repeated natural disasters and environmental degradation,...