Statement Analysis of Peace Seeking Process from the Aspect of the Rule of Law and Human Rights (1): Issue on Management of Natural Resources during Interim Period 1. The various ethnic nationalities in Burma have been suffering from atrocities – serious human rights violations – caused by civil war for over six decades. Hence, they should enjoy opportunities for the participation in peace seeking processes in which the underlying issues of the entire civil war are explored. Despite that the general public do not need to attend the formal meetings, taking place between the two parties in armed conflicts – the representatives from the ruling regime on one hand and those of the ethnic armed organizations (EAOs) on the other – they should enjoy their right to know by receiving relevant comprehensive information, issued by both parties vis-à-vis peace. More importantly, both parties should pay heed to their criticism, comments and will expressed by applying their rights to freedom of expression, association and assembly. To facilitate implementing this, the LAN will issue statements, whenever it is necessary. 2. In regard to peace processes, the term ‘interim period’ commences from the day on which the Agreement is signed by the parties in armed conflicts. It will be ended on the day when the new Union and State governments in the Federal Union – established under the Constitution arising out of a political dialogue – have emerged in the aftermath of legalization of the revolutionary EAOs. It is assumed that the accurate definition of the term ‘interim period’ has been vividly defined by both parties in the armed conflicts. As such, undoubtedly, the interim period will be, to a certain extent, long. 3. Out of the root causes of civil war, the major one is the abuses and mismanagements of the natural resources and land – owned by the ethnic states – by the successive ruling governments, including the democratic regimes which ruled Burma after its independence and particularly the leaders of the Myanmar Armed Forces which got into power by staging military coups in 1962 and later periods. While passing through the interim period after signing of the Agreement, the contentious issues on management of natural resources – including taking tax from people as well as national and foreign companies which would be granted to exploit natural resources in one way or another – will remain unabated. 4. Following a 17 year long ceasefire, management issue, arose between the regime and the Kachin Independence Organization (KIO) on an electricity project, being implemented in Ta Paing river in Kachin State – in addition to the efforts of the former which imposed pressure on the latter to transform itself into a Border Guard Force, which would be placed under its total control – caused the resumption of fighting on June 9, 2011. The regime increased its military offensives not only against the KIO – which has not yet reached an agreement for a new ceasefire – but also against the ethnic Shan armed groups – which have already entered ceasefires – for a number of times. Those armed conflicts particularly occurred in the territory where the multi-billion dollar oil and gas pipelines, which originated from Rakhine State, to China through the northern Shan State, where the 4th Brigade of the KIO is based, are established. https://drive.google.com/file/d/0B5uXEhFP_PLIZFJrcUdnZkotT2M/edit?usp=sharing

Regardless of whether the forthcoming Agreement is signed in the presence of dignified witnesses, national or international, resumption of fighting would occur repeatedly unless a comprehensive agreement is reached on how to manage the natural resources and land, owned by the ethnic states, during interim period even under a formal ceasefire. 5. Management of natural resources and land is explicitly relevant not only to the government and the revolutionary EAOs but also to the local ethnic nationalities. Without sufficiently consulting with the local people and guaranteeing their collective right to manage their land and natural environment – which is similar to tribal land right – granting exploitation of foreign companies and implementing development projects should not be allowed given that local people will continue suffering from a series of human rights violations. The objection of the 28 ethnic Karen Civil Society Organization against a blueprint, entitled Preparatory Survey for the Integrated Regional Development for Ethnic Minorities in the South-east Myanmar, recently issued by the Japanese International Cooperation Agency (JICA), is worthy to be observed as a case study. https://drive.google.com/file/d/0B5uXEhFP_PLIWmhGMHB4dlN1Nkk/edit?usp=sharing 6. During the peace seeking processes in the Philippines and Indonesia, the parties in the armed conflicts negotiated and reached agreements on how the natural resources would be shared and exploited together. In Serra Leone, the Commission for Management of Strategic Resources, National Reconstruction and Development was formed with the participation of the representatives from the government, the Revolutionary United Front, the Civil Society organizations and other political parties. http://peacemaker.un.org/sites/peacemaker.un.org/files/SL_990707_LomePeaceAgreement.pdf 7. In the case of Burma, the LAN demands for formation of an authorized commission – which will collectively manage natural resources and land in the ethnic states – with the participation of the representatives from the following sectors: (a) the government authorities and state institutions (b) the revolutionary EAOs (c) the local and genuine civil society organizations (Every NGO does not include in the definition of the civil society organization. In this regard, the following link may be observed.) https://drive.google.com/file/d/0B5uXEhFP_PLIU0lDZ0lMTi1aX3M/edit?usp=sharing

Legal Aid Network (LAN)

September 23, 2014

For more details, please contact: Mr. Aung Htoo:

Human Rights Lawyer and Founder of Legal Aid Network (English and Burmese Language) Phone 46 (0) 76 1156 215 Mrs. Nang Myint Myint Aye (LL. M): Assistant Researcher, LAN Head Office (Ethnic Shan and Burmese language) 95 (0) 9 471 259 68 Mr. Aung Mai (LL. M): Assistant Researcher, LAN Head Office (Ethnic Kachin and Burmese language) 95 (0) 9 471 259 68 Mrs. Naw Ku: In-charge for Public Relation (Ethnic Karen and English language) 46 (0) 73 841 1632