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Burma-Initiative The peace process in Burma’s Chin State: Better human rights protection for the Chin? Rachel Fleming The dominant narrative about Burma1 is of rapid political transition and progress towards peace. The government of Burma has signed Burma-Initiative bilateral ceasefire agreements with 14 out of 17 major ethnic armed groups (EAG) in the country, and is in the process of negotiating a Nationwide Ceasefire Agreement with the ethnic armed groups. This dominant narrative arguably ignores the structural violence at the heart of ongoing human rights violations in the country, including in ceasefire areas. Rachel Fleming asks: Has the current peace process in Burma’s Chin State – a ceasefire area - actually resulted in better human rights protection for the Chin people? In an effort to address this key question, she presents a human rights analysis of the bilateral ceasefire agreements between EAG the Chin National Front and the government, and analyses patterns of human rights violations documented by the Chin Human Rights Organization (CHRO) since January 2012, when Burma's mountainous Chin State the first ceasefire deal was agreed, until the end ©Chin Human Rights Organization of September 2014. Blickpunkte Seite 1 State, resulting in the deaths of 23 Unpacking the dominant trainees from four different EAGs allied with the KIA, including two Corporals narrative from the Chin National Front. The attack Since assuming power in March 2011 has been widely condemned, and poses a following flawed, undemocratic elections significant obstacle for the wider peace in November 2010, Burma’s quasi-civilian process.2 Nonetheless, the various bilat- government under the leadership of eral ceasefire agreements remain in President Thein Sein has been widely effect. lauded for introducing progressive demo- cratic reforms. Such reforms have includ- The Chin State context ed at least fifteen presidential amnesties People in Chin State – the vast majority of for political prisoners and signing them ethnically Chin - are officially the ceasefire agreements with the majority of poorest in Burma by a wide margin. Most the EAGs. These developments have been people in Chin State are subsistence used to carefully craft the dominant farmers; 73 percent of people live below narrative of foreign policy success in the poverty line, compared with a national Burma. As a result of these positive average of 25 percent, according to UN developments, international sanctions on statistics.3 The Chin experience many Burma were eased, suspended, or lifted intersecting forms of State-sanctioned and foreign direct investment in the discrimination, based on their ethnicity country has risen. Burma’s peace process (Chin), religion (predominantly Christian), in particular has won President Thein language (for most Chin, Burmese is their Sein numerous accolades, including a second or third language), and socio- Nobel Peace Prize nomination and the economic status (the poorest in Burma). International Crisis Group’s “In Pursuit of Over the past two decades, State- Peace Award” in 2013. sanctioned discrimination has manifested Chin National Front – the protection of human rights. Point 13 However, in recent weeks, Aung San as a pattern of pervasive human rights specifies, “The parties agreed to cooper- Suu Kyi - Nobel Peace Prize winner and violations perpetrated against the Chin by Government ceasefire ate in ensuring unconditional and due leader of opposition party the National State actors, which may amount to crimes punishment for anyone for violations of League for Democracy - has warned that against humanity.4 Under military dicta- agreements basic human rights in accordance with the reforms have “stalled” over the past two torship, and before President Thein Sein’s Aside from agreeing to end mutual armed law, as well as ensuring that no parties years. Her warning echoed that of the nominally civilian government assumed hostilities, the 9-point January 2012 agree- violates [sic] the constitutional basic new UN Special Rapporteur on the human power in March 2011, forced labour ment between the CNF and the Chin State human rights of the people in the future rights situation in Burma Ms. Yanghee (including portering for the Burma Army) government mainly focuses on military during the course of the ceasefire agree- Lee, who earlier expressed concern about and violations of freedom of religion or matters such as the location of liaison ment." This provision not only prohibits “signs of backtracking”. Armed clashes belief were among the most prevalent offices and army bases for the armed wing human rights abuses by either party to the continue in both non-ceasefire and cease- documented human rights abuses of the CNF, the Chin National Army conflict, but can be interpreted as guard- fire areas, forcing Kachin, Shan, and perpetrated against the Chin by State (CNA), and freedom of movement for ing against impunity for human rights Karen civilians to flee. To date, such actors.5 unarmed members of the CNF/CNA. The violations, at least going forward from the developments have largely been set aside The Chin National Front (CNF), which January agreement was formally wit- date of signature until such a time as the by the parties to the conflicts, who have was formed in March 1988, signed its first nessed by members of the Chin Peace and ceasefire agreement is formally no longer instead prioritized efforts to negotiate and preliminary ceasefire agreement with the Tranquility Committee (CPTC), a group of in effect. sign a Nationwide Ceasefire Agreement government in January 2012. Subsequent Chin pastors who have played a key role Point 14 of the May agreement provides (which will likely draw on bilateral agree- ceasefire agreements signed by the two in mediating between the CNF and for the formation of a Ceasefire ments, rather than replace them), and parties are some of the most compre- government forces since the mid-1990s, Monitoring Body, to be comprised of establish a framework for political hensive of all the current bilateral agree- when urban guerrilla warfare tactics em- members of the Chin Peace and dialogue. ments, with over 50 points of agreement. ployed by the CNF were met with harsh Tranquility Committee and “other legal However, the September 2014 negotia- These include provisions for the protec- retribution against ordinary Chin by the experts”. The onus is on the Ceasefire tions ended in deadlock and plans for tion of human rights, and a ceasefire military regime. Monitoring Body to report any failures to further negotiations are on shaky ground monitoring mechanism which is one of the As well as deepening the terms of observe any of the points of agreement by following the 19 November Burma Army most detailed among all the bilateral agreement on military matters such as named parties (the Union government, shelling of a Kachin Independence Army agreements. troop movements, the 15-point May 2012 Chin State government, Burma Army, (KIA) military training school in Kachin agreement contains some provisions for police force, CNF/CNA) to a Crisis Mediation Seite 2 Blickpunkte Typical rural road in Chin state during the rainy season ©Chin Human Rights Chin National Front – the protection of human rights. Point 13 specifies, “The parties agreed to cooper- Government ceasefire ate in ensuring unconditional and due punishment for anyone for violations of agreements basic human rights in accordance with the Aside from agreeing to end mutual armed law, as well as ensuring that no parties hostilities, the 9-point January 2012 agree- violates [sic] the constitutional basic ment between the CNF and the Chin State human rights of the people in the future government mainly focuses on military during the course of the ceasefire agree- matters such as the location of liaison ment." This provision not only prohibits offices and army bases for the armed wing human rights abuses by either party to the of the CNF, the Chin National Army conflict, but can be interpreted as guard- (CNA), and freedom of movement for ing against impunity for human rights unarmed members of the CNF/CNA. The violations, at least going forward from the January agreement was formally wit- date of signature until such a time as the nessed by members of the Chin Peace and ceasefire agreement is formally no longer Tranquility Committee (CPTC), a group of in effect. Chin pastors who have played a key role Point 14 of the May agreement provides in mediating between the CNF and for the formation of a Ceasefire government forces since the mid-1990s, Monitoring Body, to be comprised of when urban guerrilla warfare tactics em- members of the Chin Peace and ployed by the CNF were met with harsh Tranquility Committee and “other legal retribution against ordinary Chin by the experts”. The onus is on the Ceasefire military regime. Monitoring Body to report any failures to As well as deepening the terms of observe any of the points of agreement by agreement on military matters such as named parties (the Union government, troop movements, the 15-point May 2012 Chin State government, Burma Army, agreement contains some provisions for police force, CNF/CNA) to a Crisis Mediation Blickpunkte Seite 3 Body, instituted in point 15, made up of One positive trend in the above table is accused the soldiers of torture at a press relevant point persons from the Burma Patterns of documented that the prevalence of documented forced conference in Rangoon. The farmers were Army and the CNF/CNA. It follows that labour incidents is in decline,
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