DOCSLIB.ORG

Resource Federalism

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Resource Federalism resource federalism a roadmap for decentralised governance of Burma’s natural heritage resource federalism roadmap for decentralised governance of burma’s natural heritage www.bewg.org The Burma Environmental Working Group is a network of ten civil society organizations primar- ily working in the ethnic conflict affected areas of Burma. It was formed in 2005 to develop and advocate for policies that protect the livelihoods, natural resources and environment of affected communities and promote their participation in decision-making. See information about member organizations in Appendix 1. BEWG would like to thank our friends who helped in the editing process. Note for English readers The Pyidaungsu Hluttaw is the national-level bicameral legislature of Burma established by the 2008 Constitution. The Pyidaungsu Hluttaw is made up of two houses, the Amyotha Hluttaw (House of Nationalities), a 224-seat upper house, as well as the Pyithu Hluttaw (House of Representatives), a 440-seat lower house. The Tatmadaw are the Burma armed forces, composed of the Army, Navy, and Air Force. published in 2017 Table of Contents Summary..............................................................................................................2 Part 1: Centralised control..................................................................................................................... ...5 Calls from the people..........................................................................................................7 Conflict and control.............................................................................................................8 Constitutional powers over natural resources.....................................................................8 Investment paradigm.........................................................................................................10 Part 2: Natural resource sectors............................................................................................................14 Forests.....................................................................................................................14 Hugawng Valley...................................................................................................25 Land....................................................................................................................26 Customary practices.............................................................................................39 Water.............................................................................................................43 Coal..............................................................................................................................54 Jade.........................................................................................................................63 Oil and natural gas............................................................................................................69 Conclusion........................................................................................................................76 Part 3: Moving forward.......................................................................................................................77 Defining development: devolved decision-making key to sustaining peace....................77 Reject token decentralisation............................................................................................79 Importance of protection mechanisms..............................................................................79 Full representation: why women need to be at the decision-making table.......................81 Sequencing framework for devolved natural resource governance..................................82 Roadmap for devolved federal natural resource management..........................................84 Recommendations......................................................................................86 Endnotes............................................................................................................................89 Appendix: Member organisations..........................................................................................................96 Explanation of terms Centralise: to concentrate by placing power and authority in a center or central organization Decentralise: to disperse or distribute functions and powers from a central authority to regional and local authorities Devolve: the highest form of decentralisation, to transfer functions and powers to autonomous units of government through statutory provisions (in unitary systems) or constitutional provi- sions (in federal systems) Deconcentrate: the lowest form of decentralisation, merely to transfer tasks to state and regional field offices of central government ministries Central government: Burma currently has a unitary government with one main center of power in Naypyidaw; it is often called the “Union government” but is referred to in this report as “the central government” Federal government: a form of government in which power is distributed between a central authority and a number of constituent territorial units. Once a federal system is in place, the “federal government” often refers to the previous “central government” States: Burma’s fourteen subnational administrative areas, currently termed States and Regions Substate: an umbrella term that refers to an area or governance unit within States or Regions, such as a district or village. Substate units include the following referred to in this report: Substate self-administered zones: areas within States or Regions with concentrated ethnic popu- lation, including, but not limited to, currently designated self-administered zones and divisions. Substate customary management areas: local areas within states or regions that can demon- strate customary land and natural resource management systems and regulations. These may comprise one or more villages that are located within a traditional boundary (for example a Karen Kaw or Karenni Hgay). Summary While Burma’s ethnic states are blessed with a wealth of natural resources and biodiversity, they have been cursed by the unsustainable extraction and sale of those resources, which has fuelled armed conflict. Instituting a system of devolved federal management of natural resources can play a key role in resolving conflict and building a lasting peace in Burma. Despite some ceasefires on paper, Burma remains in a state of conflict. Ongoing offensives in Kachin and Shan states alone have left hundreds of thousands homeless. Fundamental calls for self-determination have gone unheeded in a lack of political dialogue to end decades of fighting. Military offensives into resource-rich ethnic areas have expanded Burma Army presence in plac- es previously controlled by de-facto ethnic governments. This has facilitated the rapid increase in the extraction and sale of natural resources in recent years. Resource projects have collected huge revenues for the army and the central government, but have not benefited local populations. Constitutional powers place natural resource ownership, control, and management fully in the hands of the central government. This report analyzes six key natural resources: forests, land, water, minerals, gems, and oil and gas. In each sector, a series of laws and practices prevent affected peoples from having a say in their own development: they cannot assess, provide input into, or censure the management of their natural resources. Ethnic women, particularly in rural areas, are doubly marginalized from natural resource governance. Centralised resource control is fanning the flames of discontent and anger. Resource projects are causing environmental destruction, human rights abuses, and loss of livelihoods, with unique impacts on women. Extracting and exporting raw, often non-renewable, resources is further inflicting an incalculable liability on future generations. Resources used to produce energy are consistently prioritised for export, contributing to the development of neighboring countries while resource-rich areas remain in the dark. People from across the country have staged protests and demonstrations, calling for an end to destructive resource exploitation and for constitutional rights to own, control, and manage their own resources. Ethnic political parties and armed groups are standing with the people in these demands. Devolved decision-making offers stronger accountability and representation at all levels of government, an opportunity for local input and control, benefits to local populations, and environmental sustainability. Burma does not need to start from zero in developing devolved governance structures. Local communities have managed lands, water, and forests with sustainable customary practices for generations, and de-facto governments have supported such practices with formal structures and laws. Based on decades of grassroots work by members of the Burma Environmental Working Group, the report presents a way out of conflict and toward a more sustainable management of natural resources under a federal system of governance. The proposed roadmap seeks to safeguard rights and tenure, safeguard against environmental destruction, and prevent the escalation of conflict. Steps are intended to build the capacity of local, representative governments to establish and implement development priorities appropriate for their respective populations. It
Load more

Recommended publications
  • The Union Report the Union Report : Census Report Volume 2 Census Report Volume 2
    THE REPUBLIC OF THE UNION OF MYANMAR The 2014 Myanmar Population and Housing Census The Union Report The Union Report : Census Report Volume 2 Volume Report : Census The Union Report Census Report Volume 2 Department of Population Ministry of Immigration and Population May 2015 The 2014 Myanmar Population and Housing Census The Union Report Census Report Volume 2 For more information contact: Department of Population Ministry of Immigration and Population Office No. 48 Nay Pyi Taw Tel: +95 67 431 062 www.dop.gov.mm May, 2015 Figure 1: Map of Myanmar by State, Region and District Census Report Volume 2 (Union) i Foreword The 2014 Myanmar Population and Housing Census (2014 MPHC) was conducted from 29th March to 10th April 2014 on a de facto basis. The successful planning and implementation of the census activities, followed by the timely release of the provisional results in August 2014 and now the main results in May 2015, is a clear testimony of the Government’s resolve to publish all information collected from respondents in accordance with the Population and Housing Census Law No. 19 of 2013. It is my hope that the main census results will be interpreted correctly and will effectively inform the planning and decision-making processes in our quest for national development. The census structures put in place, including the Central Census Commission, Census Committees and Offices at all administrative levels and the International Technical Advisory Board (ITAB), a group of 15 experts from different countries and institutions involved in censuses and statistics internationally, provided the requisite administrative and technical inputs for the implementation of the census.
    [Show full text]
  • Myanmar Exodus from the Shan State
    MYANMAR EXODUS FROM THE SHAN STATE “For your own good, don’t destroy others.” Traditional Shan song INTRODUCTION Civilians in the central Shan State are suffering the enormous consequences of internal armed conflict, as fighting between the tatmadaw, or Myanmar army, and the Shan State Army-South (SSA-South) continues. The vast majority of affected people are rice farmers who have been deprived of their lands and their livelihoods as a result of the State Peace and Development Council’s (SPDC, Myanmar’s military government) counter-insurgency tactics. In the last four years over 300,000 civilians have been displaced by the tatmadaw, hundreds have been killed when they attempted to return to their farms, and thousands have been seized by the army to work without pay on roads and other projects. Over 100,000 civilians have fled to neighbouring Thailand, where they work as day labourers, risking arrest for “illegal immigration” by the Thai authorities. In February 2000 Amnesty International interviewed Shan refugees from Laikha, Murngpan, Kunhing, and Namsan townships, central Shan State. All except one stated that they had been forcibly relocated by the tatmadaw. The refugees consistently stated that they had fled from the Shan State because of forced labour and relocations, and because they were afraid of the Myanmar army. They reported instances of the army killing their friends and relatives if they were found trying to forage for food or harvest crops outside of relocation sites. Every refugee interviewed by Amnesty International said that they were forced to build roads, military buildings and carry equipment for the tatmadaw, and many reported that they worked alongside children as young as 10.
    [Show full text]
  • ACRONYMS June AUGUST CHRONOLOGY 2019
    JuneAUGUST CHRONOLOGY 2019 Summary of the Current Filmmaker Min Htin Ko Ko Gyi Sentenced to one-year Situation: imprisonment under Penal Code sented 630 individuals are oppressed in Burma due to political activity: 50 political prisoners are serving sentences, 179 are awaiting trial inside Accessed August © Myanmar Now prison, 401 are awaiting trial outside prison. WEBSITE | TWITTER | FACEBOOK ACRONYMS AUGUST 2019 1 ABFSU All Burma Federation of Student Unions CAT Conservation Alliance Tanawthari CNPC China National Petroleum Corporation EAO Ethnic Armed Organization GEF Global Environment Facility ICRC International Committee of the Red Cross IDP Internally Displaced Person KHRG Karen Human Rights Group KIA Kachin Independence Army KNU Karen National Union MFU Myanmar Farmers’ Union MNHRC Myanmar National Human Rights Commission MOGE Myanmar Oil and Gas Enterprise NLD National League for Democracy NNC Naga National Council PAPPL Peaceful Assembly and Peaceful Procession Law RCSS Restoration Council of Shan State RCSS/SSA Restoration Council of Shan State/Shan State Army – South SHRF Shan Human Rights Foundation TNLA Ta’ang National Liberation Army YUSU Yangon University Students’ Union POLITICAL PRISONERS AUGUST 2019 2 ARRESTS Three Villagers arrested after bomb explosion in Maungdaw After a bomb exploded between Bawdikone Village and Shwe Yin Aye Village in Maungdaw Township in Arakan State on August 16, Ma Kyee Kone Border Guard Police Station arrested Kyaw Hla Oo from Bawdikone Village and two youths from Kan Pyin Tharsi Village on August 17. Kyaw Hla Oo was farming at the Bawdikone Village and two youths from Kan Pyin Tharsi Villager were herding cattle when the bomb exploded. School teacher detained in Arakan State A teacher in a primary school was arrested by Burma Army soldiers while he traveled to his school in Kyar Nyo Pyin Village.
    [Show full text]
  • 100 Days of Burma's Parliament: Strengthening the Status
    Λ L T S E Λ N B U R M A A L T E R N A T I V E A S E A N N E T W O R K O N B U R M A campaigns, advocacy & capacity-building for human r ights & democracy BN 2011/1079: May 11, 2011 100 DAYS OF BURMA’S PARLIAMENT: STRENGTHENING THE STATUS QUO • In the months leading up to the convening of the Parliament, SPDC Chairman Sr Gen Than INSIDE Shwe issues a series of laws designed to 2…SPDC laws strengthen military maintain the military’s grip on power. power • On 31 January, the People’s Assembly and the 3…MPs under “house arrest” National Assembly convene amid tight security 3…Restrictions dominate in Naypyidaw for Burma’s first parliamentary parliamentary proceedings session in 22 years. Many MPs complain about 4…Election Law still threatens parties and MPs being subjected to detention-like living 4…Parliamentary debate a sham conditions. 5…Parliament promotes regime’s • The laws governing parliamentary proceedings agenda gag MPs and restrict civilian access to the 5…Amnesty, national reconciliation Parliament. The regime also bars domestic rejected journalists and foreign correspondents from 6…Parliament blocks 87% of the proposals covering parliamentary proceedings. 7…Parliamentary recesses, • Lack of genuine debate characterizes the restrictions on MPs continue proceedings. In the parliamentary question 8…Meanwhile, outside Naypyidaw time, ministers brush off questions that deal 8…Serious crimes committed with important issues and refuse to address the 8…Conflict escalated substantive issues raised by the MPs.
    [Show full text]
  • Fact Book of Political Parties in Myanmar
    Myanmar Development Research (MDR) (Present) Enlightened Myanmar Research (EMR) Wing (3), Room (A-305) Thitsar Garden Housing. 3 Street , 8 Quarter. South Okkalarpa Township. Yangon, Myanmar +951 562439 Acknowledgement of Myanmar Development Research This edition of the “Fact Book of Political Parties in Myanmar (2010-2012)” is the first published collection of facts and information of political parties which legally registered at the Union Election Commission since the pre-election period of Myanmar’s milestone 2010 election and the post-election period of the 2012 by-elections. This publication is also an important milestone for Myanmar Development Research (MDR) as it is the organization’s first project that was conducted directly in response to the needs of civil society and different stakeholders who have been putting efforts in the process of the political transition of Myanmar towards a peaceful and developed democratic society. We would like to thank our supporters who made this project possible and those who worked hard from the beginning to the end of publication and launching ceremony. In particular: (1) Heinrich B�ll Stiftung (Southeast Asia) for their support of the project and for providing funding to publish “Fact Book of Political Parties in Myanmar (2010-2012)”. (2) Party leaders, the elected MPs, record keepers of the 56 parties in this book who lent their valuable time to contribute to the project, given the limited time frame and other challenges such as technical and communication problems. (3) The Chairperson of the Union Election Commission and all the members of the Commission for their advice and contributions.
    [Show full text]
  • The Burma Army's Offensive Against the Shan State Army
    EBO The Burma Army’s Offensive Against the Shan State Army - North ANALYSIS PAPER No. 3 2011 THE BURMA ARMY’S OFFENSIVE AGAINST THE SHAN STATE ARMY - NORTH EBO Analysis Paper No. 3/2011 On 11 November 2010, a fire fight between troops of Burma Army Light Infantry Division (LID) 33 and Battalion 24 of the Shan State Army-North (SSA-N) 1st Brigade at Kunkieng-Wanlwe near the 1st Brigade’s main base, marked the beginning of the new military offensive against the ethnic armed groups in Shan and Kachin States. Tensions between the Burma Army and the ethnic groups, which had ceasefire agreements, started to mount after the Burma Army delivered an ultimatum in April 2009 for the groups to become Border Guard Forces. Prior to this, the Burma Army had always maintained that it did not have jurisdiction over political issues and that the groups could maintain their arms and negotiate with the new elected government for a political solution. Most of the larger ethnic groups refused to become BGFs, and in August 2009 the Burma Army attacked and seized control of Kokang (MNDAA), sending shock waves through the ethnic communities and the international community. Following the outcry, the Burma Army backed down and seemed content to let matters die down as it concentrated on holding the much publicized general elections on 7 November 2010. The attack against the SSA-N is seen was the first in a series of military offensives designed to fracture and ultimately destroy all armed ethnic opposition in the country’s ethnic borderlands.1 While the SSA-N lost its bases, this is unlikely to reduce its ability to conduct guerrilla operation against the Burma Army.
    [Show full text]
  • Myanmar’S Obligations Under International Law
    TABLE OF CONTENTS TABLE OF CONTENTS ............................................................................................... 1 I. INTRODUCTION ..................................................................................................... 1 Recent Developments ................................................................................................ 2 Background ................................................................................................................ 3 Burmese migrant workers in Thailand ....................................................................... 4 Economic developments ............................................................................................ 5 Myanmar’s obligations under international law ........................................................ 7 Economic and social inequality in Myanmar ............................................................. 7 II. FORCED LABOUR .................................................................................................. 9 Introduction and background ..................................................................................... 9 Forced portering ....................................................................................................... 11 Forced labour involving women and children ......................................................... 12 Forced labour on infrastructure projects .................................................................. 13 The impact of forced labour on the civilian population
    [Show full text]
  • Conflict of Interests CMYK
    Part Two: Logging in Burma / 19 The China-Burma Border processed here originates in Burma. Workers in the increasing presence of the SPDC had led to more Yingjian told Global Witness that the Tatmadaw had taxation. Both accounts suggest that logging was held Chinese loggers hostage in Burma until the becoming less profitable. Local people told Global companies paid ransoms of approximately 10,000 yuan Witness that both the KIO and the SPDC controlled the ($1200) per person.327 forests and border crossing.327 19.5.3.3 Hong Bom He 19.5.3.5 Xima Hong Bom He Town is situated on the Hong Bom There was no indication that the small town of Xima River inside the Tonbiguan Nature Reserve. The town had anything to do with logging although it is well was built in 1993 after private companies illegally built a connected to the border.327 logging road to the Burmese border ostensibly with the consent of local Chinese authorities.327 The town is 19.5.3.6 Car Zan illegal insofar as it was built after the area was Car Zan is a busy logging town with two large designated a nature reserve. stockpiles of logs and approximately 30 sawmills in In 2000 there were 2,000 people working in the 2001.327 The town has been associated with logging for town and in the forests across the border in Kachin 10 years and is opposite KIO controlled areas.327 Global State, although by early 2001 the town appeared to be Witness investigators saw more than 20 log trucks, each closing down and was effectively working at 20% carrying nine m3 of logs, entering the town in a period capacity or less.327 There was still some log trading of an hour and a half, suggesting that the town is more activity with Chinese logging trucks and stockpiles of important for the timber trade than the number of wood present on the Burmese side of the river.
    [Show full text]
  • Terms of References: Payment Service Provider
    Final Terms of References: Payment Service Provider Maternal and Child Cash Transfer Program APRIL 3, 2020 DEPARTMENT OF SOCIAL WELFARE Ministry of Social Welfare, Relief and Resettlement Terms of References: Payment Service Provider—Myanmar 1. Introduction Page 2 2. Objectives Page 2 3. Scope of Work Page 3 a. Service b. Coverage c. Information d. Customer Care 4. Fees, Disbursement and Other Charges Page 6 a. Fees b. Disbursement c. Impost, Costs and Charges 5. Verification and Auditing Page 7 6. Representations and Warranties Page 8 a. Litigation b. Compliances c. Reporting d. Contact 7. Termination Page 9 8. Indemnity Page 9 Appendix A: Area Information, Map, List of Townships and Estimated Number of Beneficiaries (Shan State) Page 11 Appendix B: Area Information, Map, List of Townships and Estimated Number of Beneficiaries (Ayeyarwady Region) Page 13 Appendix C: Proxy Eligibility Criteria Page 15 Appendix D: Anti-Corruption Guidelines Page 16 Appendix E: Consideration Factors for Service Provider Selection Version 1 Page 17 Version 2 Page 18 1 1. INTRODUCTION The Government of Myanmar (GoM) and the World Bank are preparing a new Project to reduce childhood stunting in a selected poor Region (R)s and State (S)s. The Project has two objectives: first, to increase the utilization of nutrition services and second, to improve key nutrition behaviors. Towards meeting these objectives, the Project will implement a nutrition-sensitive cash transfer program targeting pregnant women and mothers with infants below 2 years of age, in Ayeyarwady region and Shan states. The Project will expand and further strengthen the Maternal and Child Cash Transfer (MCCT) program, currently implemented by GoM in Chin, Rakhine, Kayah and Kayin.
    [Show full text]
  • IDP 2011 Eng Cover Master
    Thailand Burma Border Consortium 2011 DISPLACEMENT AND POVERTY IN SOUTH EAST BURMA / MYANMAR With Field Assessments and Situation Updates by: Committee for Internally Displaced Karen People Karen Offi ce of Relief and Development Karenni Social Welfare and Development Centre Mon Relief and Development Committee Shan Relief and Development Committee Thailand Burma Border Consortium 12/5 Convent Road, Bangrak, Bangkok, 10500, Thailand [email protected] www.tbbc.org Front cover photo : Post-election displacement, Hpapun Township, 2011, CIDKP CONTENTS EXECUTIVE SUMMARY ................................................................................................................. 1 1. METHODOLOGY ...................................................................................................................... 5 1.1 Design, Data Collection and Analysis ................................................................................ 6 1.2 Household Survey Sample ................................................................................................ 8 1.3 Limitations ......................................................................................................................... 9 2. TRENDS IN SOUTH EAST BURMA / MYANMAR* .................................................................. 11 2.1 Protracted Confl ict ............................................................................................................. 12 2.2 Resource Curse and Development ..................................................................................
    [Show full text]
  • 1 September 2021 1 1 Sept 21 Gnlm
    DON’T STOP BUT MARCH FORWARD TO FIGHT COVID-19 PAGE-8 (OPINION) Vol. VIII, No. 135, 10th Waning of Wagaung 1383 ME www.gnlm.com.mm Wednesday, 1 September 2021 Five-Point Road Map of the State Administration Council 1. The Union Election Commission will be reconstituted and its mandated tasks, including the scrutiny of voter lists, shall be implemented in accordance with the law. 2. Effective measures will be taken with added momentum to prevent and manage the COVID-19 pandemic. 3. Actions will be taken to ensure the speedy recovery of businesses from the impact of COVID-19. 4. Emphasis will be placed on achieving enduring peace for the entire nation in line with the agreements set out in the Nationwide Ceasefire Agreement. 5. Upon accomplishing the provisions of the state of emergency, free and fair multiparty democratic elections will be held in line with the 2008 Constitution, and further work will be undertaken to hand over State duties to the winning party in accordance with democratic standards. State Administration Council Chairman Provisional Government of Myanmar Prime Minister Senior General Min Aung Hlaing attends meeting No 4/2021 of Security, Stability and Peace, and Rule of Law Committee Chairman of the State Administration Council Prime Minister of the Provisional Government of the Republic of the Union of Myanmar Senior General Min Aung Hlaing delivers the address at the meeting No 4/2021 of Security, Stability and Peace and the Rule of Law Committee in Nay Pyi Taw on 31 August 2021. HE Security, Stability and In his opening speech, the agement, necessary measures cations.
    [Show full text]
  • English 2004
    Internal Displacement and Vulnerability in Eastern Burma Thailand Burma Border Consortium October 2004 With Field Research by : Committee for Internally Displaced Karen People Karen Office of Relief and Development Karenni Social Welfare Center Mon Relief and Development Committee Shan Relief and Development Committee Thailand Burma Border Consortium, Artwork by Friends Without Borders 12/5 Convent Rd, Bangkok, 10500, Thailand, Printed by Wanida Press [email protected] Contents Page List of Maps and Charts ................................................................................... i Acronyms ......................................................................................................... ii EXECUTIVE SUMMARY ................................................................................ 1 SUMMARY OF INDICATORS ....................................................................... 4 1. INTRODUCTION...................................................................................... 7 1.1 Protracted Conflict in Burma ............................................................... 8 1.2 Measuring Internal Displacement and Vulnerability ............................ 9 1.3 Survey Rationale and Objectives ........................................................ 10 1.4 Survey Methodology ........................................................................... 11 1.5 Comparative Indicators ...................................................................... 13 2. SCALE OF INTERNAL DISPLACEMENT ...............................................
    [Show full text]