On January 9, the first state-level Joint Ceasefire Monitoring Committee (JMC-S) was set up in Shan State, almost three months after the union level Joint Ceasefire Monitoring Committee (JMC-U) was formed in October, following the signing of the Nationwide Ceasefire Agreement (NCA).
The structure of the JMC-S, in Shan State as well as in other states/regions, where the NCA has been signed in the state concerned, is as specified by the JMC-TOR (Terms of Reference), approved in November:
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1. Chair (Government) Designated Regional Commander 2. Vice Chair#1 (EAO) Designated Brigade or Sector Commander 3. Vice Chair #2 (civilian) – 4.Member, (Government) State/Region Security and Border Affairs Minister 5. Member, (Government) Secretary State/Region General Administrative Department (GAD) 6. Member, (Government) Director, State/Region Police Force 7. Member, (EAO) – as designated 8. Member, (EAO) – as designated 9. Member, (EAO) – as designated 10.Member, (Civilian) as agreed 11.Member, (Civilian) as agreed 12.Member, (Civilian) as agreed 13.Secretary #1 (EAO) – as designated 14.Secretary # 2 (Government) Staff Office Grade 1
| For Shan State
Maj-Gen Win Min Tun Col Aung Mya Nang Shwe Nwe Win Col Soe Moe Aung U Myint Aung
U Aung Aung Maj Sai Oo (RCSS) Maj Deving (RCSS) Maj Nang Phyu Pya (PNLO) Nang Zing Chae Khun Soe Tun Aung U Win Tint Lt-Col Zoy Hto(PNLO) Col Thaung Htike Oo |
The JMC-S job, among others, is:
- To see that the terms of NCA and Military Code of Conduct (CoC) are strictly observed by both parties
- To verify and jointly resolve disputes (without using force)
- To monitor redeployment of troops as agreed by both sides
- To coordinate between NGOs-INGOs and government-EAOs over humanitarian assistance programs for IDPs and conflict victims as well as demining programs
- To give guidance to local level Joint Ceasefire Monitoring Committees (JMC-L)
JMC-Ls are to be formed in the following way:
- Chair (Government) Military representative
- Vice Chair #1 (EAO)
- Vice Chair #2 (Civilian)
- Member(Government) Representative, Township General Administrative Department (GAD)
- Member (EAO) –
- Member (Civilian) –
- Secretary #1 (EAO)
- Secretary #2 (Government)
Civilian representatives, according to the JMC-TOR, must be persons “trusted and respected by the many” and accepted by both parties.
Complaints can be lodged to JMCs through EAOs’ liaison offices, wards/village tracts and district/township GAD offices.
Violations are categorized into three:
- Minor Violation -Violators are taken action by party concerned
- Serious Violation -JMC shall inform party concerned that it has been committed. Party
concerned takes action in accordance with its laws.
- Critical Violation -JMC-U will form verification team. Findings will be informed to
party concerned to take action in accordance with its laws
Something does need to be said about the Military CoC here. The objective, it says, is to build a Union based on democracy and federalism by creating trust and stable conditions through removal of burden from the people and reduction of hostilities between both parties.
Protection of the civilians involves 17 do’s and don’t’s for both sides, such as:
- Avoid violence, extrajudicial detention, kidnapping, torture, inhumane treatment, imprisonment, killing
- Avoid forcible displacement or relocation of local populations
- Avoid forcibly taking money, property, food, labor or services from civilians
- Avoid forcible confiscation and transfer of land from local populations
- Avoid any form of sexual attack on women, including sexual molestation, sexual assault or violence, rape and sex slavery
All in all, a very tall order, no doubt. But for those who really want peace, nothing is going to be impossible.
By SAI KHUENSAI / Director of Pyidaungsu Institute and Founder of Shan Herald Agency for News (S.H.A.N)
All views expressed are the author’s own.
