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

People gather for a group photo in observance of International River Day

The Salween in Crisis: A Lifeline Poisoned by Mining, Conflict, and Greed

0
“The Salween River’s currents are fierce and powerful… in the heart of our Shan State… we do not think one could cross it easily.” Once,...
People line up at a petrol station amid fuel shortages

Fuel Crisis Deepens in Shan State, Threatening Farmers and Livelihoods

0
A worsening fuel shortage, driven by global supply disruptions linked to conflict in the Middle East, is pushing Myanmar into a deepening energy crisis. In...
Image of a Myanmar Airways International (MAI) aircraft

Fuel Shortage Disrupts Flights Across Myanmar Ahead of Thingyan

0
Domestic air travel across Myanmar has been severely disrupted by an ongoing aviation fuel shortage, with airlines cancelling the majority of flights through the...
Three women rescued in Muse after being lured into the sex trade by a fake job offer

Fake Job Offer Lures Three Women into Sex Trade in Muse

0
Three women in their early 20s were rescued in the Myanmar–China border town of Muse after being lured by a fraudulent job offer and...
New coal fired power plant near Wan Hoong, Mong Hsat Township

Shan Rights Group Warns of Pollution from Coal Plant Near Thai Border

0
The Shan Human Rights Foundation (SHRF) has raised alarm over a newly operational coal-fired power plant operated by Wan Hong Natural Energy Co. Ltd...