Joint Statement on current political situation and peace processes by community based organizations from Shan State, Burma

On June 4 and 5, 2012, about 80 people from various community-based organizations, including women’s, youth, environment, community development, media, health, education, literature and culture groups, migrant workers groups, as well as monks and farmers from Shan State held a forum to discuss the current political situation in Shan State, especially the ongoing peace negotiation process.

Key concerns raised by participants about the current situation are as follows:

1. Communities remain in daily fear of the expanding Burma Army, which now numbers over 180 battalions in Shan State, a quarter of their total troop force. The twelfth Burma Army Regional Command has been set up in Shan State since the 2010 election. Despite recent ceasefire agreements, armed clashes continue, and the Burma Army continues to target civilians for abuse with impunity.

2. The 2010 elections, and introduction of “democracy,” have not improved the lives of the people of Shan State, as the 2008 pro-military constitution puts the Burma Army outside the law, and elected representatives have no power to curb the army’s abuses, or to protect the rights of local communities. 

3. The current ceasefire talks with various armed groups in Shan State have not yet resulted in political dialogue to address the structural root causes of the conflict, specifically the lack of rights for ethnic peoples and continued Burma Army dominance.  Dialogue addressing these issues is the only way that a sustainable peace can be achieved. 

4. The structural political problems are directly impacting the economy of Shan State, particularly our most important sector, agriculture, as the majority of our people are farmers. The combination of the pervasive Burma Army presence and lack of power of the state government to protect farmers, their lands, and their freedom to farm is one of the main problems in Shan State. The current ceasefire process with the armed groups, where ‘development,’ i.e. large-scale economic investment, is being encouraged before a political solution, will further damage the agriculture sector. This is because investment without safeguard policies to ensure local communities’ free, prior, informed consent, and the protection of their livelihoods and environment, will cause more people to lose their lands to mega-development projects such as oil and gas pipelines and hydropower dams, as well as mining and other large-scale extractive industries.  Such abusive investments will only further fuel conflict.

The drug production and abuse crisis in Shan State will also not be solved without addressing the Burma Army presence and the ongoing political instability.

6. The current government structure at the state level is also too weak to push for the right for ethnic languages and culture to be taught in schools in Shan State.

7. While efforts of the international community to support the peace process in Burma are appreciated, unfortunately current efforts so far are mainly aimed at pushing ethnic nationalities under the 2008 military-led constitution. As the constitution itself, which puts the Burma Army outside the law, and denies ethnic people equal rights, is at the heart of the conflict, such attempts to force ethnic people under this constitution will only perpetuate the conflict. 

8. While Burma Army troops continue to commit human rights violations with impunity, it is not safe for IDPs and refugees to return to their homes in Shan State.

9. The huge presence of the Burma Army in Shan State, and their failure to withdraw any troops since the start of the ceasefire talks, are key factors preventing local communities and civil society groups in Shan State from taking part in the current peace process.  As a result, peace negotiations have only been between armed groups. However, in order for genuine and sustainable peace to be achieved, communities and civil society groups must take a leading role in the process.

We therefore make the following recommendations to all stakeholders in the peace process:

1. The 2008 Constitution is an obstacle to resolving the social and political problems in Shan State and Burma. These problems can only be solved through structural political reform, resulting from negotiation between political parties, armed groups, and civil society.

2. The Burma Army should reduce the number of its troops and withdraw from conflict areas in Shan State, which will allow civil society to take a leading role in the peace process to ensure sustainable peace in our land.

3. Foreign governments and donor organisations wishing to support the peace process should be neutral, and should not use their funds to pressure ethnic groups to come under the 2008 constitution. Decisions about provision of humanitarian aid must be made together with local community-based organizations, and aid must be delivered directly to local communities.

4. The Burmese government and foreign investors must immediately stop all large-scale resource extraction projects currently underway in Shan State, including oil and gas pipelines, large hydropower dams, and mining and logging ventures. Only after there is a genuine political settlement of the conflict, and proper safeguard policies for local communities are in place, should such projects be reconsidered.

Signed by:

(1)    Koung Jor Refugee Camp Committee

(2)    “Lin Mawk Mai” (Land Regeneration) Group

(3)    Migrants Worker Federation

(4)    Shan Education Committee

(5)    Shan Farmers Groups

(6)    Shan Health Committee

(7)    Shan Human Rights Foundation

(8)    Shan Relief and Development Committee

(9)    Shan Sapawa Environmental Organization

(10)  Shan State Organization

(11)  Shan Women’s Action Network

(12)  Shan Youth Power Group

(13)  Shan Youth Network Group

(14)  Shan Youth Power

(15)  Workers’ Solidarity Association

(16)  Youth from Shan State

Comments

Key concerns raised by

Key concerns raised by participants about the current situation are as follows:

1. Communities remain in daily fear of the expanding Royal Thai Army, which now threatens new armies of occupation in Chaing Mai and Korat. These new armies have remained on budget since the 2011 election. Despite the change in government and PM Yingluck's photo-ops in South Thailand, Royal Thai Army rule continues in the South with Yingluck's brother's hated Emergency Decree extended like clockwork there since her election. The Royal Thai Army continues to target civilians for abuse with impunity (th).

2. The 2011 elections, and introduction of “democracy”, have not improved the lives of the people of Thailand, as the 2007 pro-military constitution puts the Royal Thai Army outside the law, and elected representatives have no power to curb the 2006 Royal Thai Army coup’s abuses, or to protect the rights of local communities.

3. The current ceasefire in the Parliament has not resulted in political dialogue to address the structural root causes of the conflict, specifically the lack of rights for the Thai peoples and continued Royal Thai Army dominance under the Royal Thai Army's 2007 charter, substituted for the Thai Constitution by the coupsters of 2006. Amending this constitution is the only way that the sovereignty of the Thai people can be guaranteed.

4. The structural political

4. The structural political problems are directly impacting the economy of Thailand, particularly our most important sector, agriculture, as the majority of our people are still farmers working on the land or toiling in cities in support of those working on the land. The combination of the pervasive Royal Thai Army and Bangkok government presence and lack of power of the jangwat governments to protect farmers, their lands, and their freedom to farm is one of the main problems in Thailand. The current ‘development’ process with, i.e. large-scale economic investment, is being encouraged before a political solution, and will further damage the agriculture sector. This is because investment without safeguard policies to ensure local communities’ free, prior, informed consent, and the protection of their livelihoods and environment, will cause more people to lose their lands to mega-development projects such as chemical factories, lignite-fired power plants, and hydropower dams, as well as mining and other large-scale extractive industries. Such abusive investments will only further fuel conflict.

5. The drug production and abuse crisis in Thailand will also not be solved without addressing the Royal Thai Army presence and the ongoing political instability.

6. The current government structure at the jangwat level is also too weak to push for the right for ethnic languages and culture to be taught in schools in Thailand.

7. While efforts of the

7. While efforts of the international community to support human rights in Thailand would be appreciated, unfortunately current efforts so far are mainly aimed at keeping the Thai people under the Criminal Code Article 112 as enacted by the coup of 1976. As the Royal Thai Army's 2007 coup-installed constitution, which puts the Royal Thai Army and its appointed commissions outside the law, and denies the Thai people their sovereignty and civil rights, is at the heart of the conflict, such attempts to force the Thai people to remain under this constitution will only perpetuate the conflict.

8. While Royal Army troops continue to commit human rights violations with impunity, it is not safe for Muslims to remain in their homes in South Thailand.

9. The huge presence of the Royal Thai Army throughout Thailand, especially in the South, and the failure to withdraw any troops since the start of the present government, are key factors preventing local communities and civil society groups in South Thailand from taking part in the current peace process. As a result, peace negotiations have only been between armed groups. However, in order for genuine and sustainable peace to be achieved, communities and civil society groups must take a leading role in the process.

We therefore make the

We therefore make the following recommendations to all stakeholders in the peace process:

1. The 2007 Coup-created Constitution is an obstacle to resolving the social and political problems in Thailand. These problems can only be solved through structural political reform, resulting from negotiation between political parties, armed groups, and civil society.

2. The Royal Thai Army should reduce the number of its troops and withdraw from conflict areas in South Thailand, which will allow civil society to take a leading role in the peace process to ensure sustainable peace in our land.

3. Foreign governments and donor organisations wishing to support the peace process in Thailand should be neutral, and should not use their funds and 'human rights organizations' pressure Thais to remain under the 1976 coup's Article 112 and the 2006 coup's 2007 constitution. Decisions about provision of 'humanitarian support' must be made together with local community-based organizations, and 'support' must be delivered directly to local communities, not the central government.

4. The Royal Thai government and foreign investors must immediately stop all large-scale resource extraction projects currently underway in Thailand, including chemical factories, large hydropower dams, and mining and logging ventures. Only after there is a genuine political settlement of the conflict, and proper safeguard policies for local communities are in place, should such projects be reconsidered.