According to the organizers of the Union Peace Conference (UPC), it has been agreed that there will be 3 conferences per year, each 4 months apart from the other. However, the UPC#2 is not expected to be held in May as scheduled, due to the fact that the transfer of power to the new government will take place only in April. “It might therefore even be moved to October or November,” a source from the peacemaking circle in Rangoon said recently.
All the same, it doesn’t mean that the participants of the UPC#1 in January should stay idle. What will mostly likely come after the new government takes over will most certainly be the revision of the current framework for political dialogue (FPD) which may allow, among others, for inclusion of youth and women.
Some of the new government members might also want to make federalism an exclusive subject for the union legislature, according to some sources, instead of being a two pronged (both inside and outside parliament) effort. However, that might call for the amendment of the Nationwide Ceasefire Agreement (NCA) that was already ratified by the parliament on 8 December. It is therefore certain to face stiff opposition especially from the EAOs quarter.
Nevertheless, what all parties have agreed, judging by the presentations at UPC#1, is that “the way to peace is through federalism.”
So what kind of federalism are we talking about? To be able to make informed judgment on it, it is necessary to look into the basic principles of at least 2 constitutions and 1 draft constitution:
- 1947 constitution (drafted and approved before Independence)
- 2008 constitution (drafted by the military leaders and approved in a controversial referendum after 14 years)
- 2008 draft constitution by the Federal Constitution Drafting and Coordinating Committee (FCDCC) and endorsed by 90 organizations
The readers, I’m sure, may like to decide for themselves: In what principles the three are similar, in what they are different, and what they may want to suggest to resolve the differences:
| 1947 constitution (The 7 directives of Gen Aung San) | 2008 constitution (Basic Principles, Article 6.) | 2008 draft constitution (FCDCC) |
| 1. An independent, sovereign republic 2. Autonomy for constituent states 3. Sovereign power derives from the people 4. Equality and freedom of expression, of faith, of livelihood, of organization 5. Adequate safeguards for minorities 6. Territorial integrity 7. Peace and friendly cooperation with international community | 6. The Union’s consistent objective are: (a) Non-disintegration of the Union; (b) Non-disintegration of National solidarity; (c) Perpetuation of sovereignty; (d) Flourishing of a genuine, disciplined multi-party democratic system; (e) Enhancing the eternal principles of Justice, Liberty and Equality in the Union and; (f) Enabling the Defence Services to be able to participate in the National political leadership role of the State. | 1. Sovereignty of the people 2. Equality 3. Self Determination 4. Federal Union 5. Minority rights 6. Democracy, Human Rights and Gender equality 7. Secular State 8. Multiparty democratic system |
Here the “Panglong Agreement” and the “Panglong promises” through which the present union came into being should also be taken into account:
Panglong Agreement
The gist of the agreement:
Point 1-4. Shan, Chin and Kachin representatives will be appointed as minister and deputy ministers respectively responsible for matters relating to Frontier Areas affairs (now known as Border Affairs)
Point 5. Full autonomy in internal affairs
Point 6. A status of state for the Kachins in the future independent Union. (The Chins then did not request the same status)
Point 7. Rights and privileges fundamental in democratic countries (which is interpreted by the author as Human Rights and Democracy)
Point 8-9. Financial autonomy as in the Federated Shan States for Chin and Kachin
It is quite significant that the UPWC had refused to adopt the term.
Panglong Promises
During the 4-day negotiations in Panglong, 8-11 February 1947, the following demands were made by the Joint Chin-Kachin-Shan Committee, officially dubbed Supreme Council of the United Hill Peoples (SCOUHP), which was formed on 7 February:
- Equal status
- Joint responsibility for common subjects such as foreign affairs, defense and coinage and currency
- The right to secede if and when we choose
Gen Aung San reportedly had accepted all in principle but requested that they be included in the Union constitution to be a drafted by the upcoming Constituent Assembly instead. His solemn word of honor thus became known as the promises of Panglong.
It is significant that the UPWC has also refused to employ this term.
One thing seems to be clear: Without common basic principles (or Vision if we may use it), the upcoming UPCs will merely be a waste of time and resources. Worse, the return of war is inevitable.
The author is President and Co-founder of the Shan Herald Agency for News (SHAN). He is also serving as Managing Director for the Pyidaungsu Institute (PI) for Peace and Dialogue, which has offices both in Chiangmai and Yangon/Rangoon.
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
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