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Non-state armed groups and humanitarian norms in Burma/Myanmar A thesis submitted in fulfilment of the requirements for the degree of Doctor of Philosophy in International Relations at The University of Waikato by Stan Jagger 2016 Abstract Civil wars involving non-state armed groups in Burma have been driven by a complex mix of historical socio-political grievances and economic factors. The central government and its armed forces have conducted counterinsurgency campaigns against myriad rebel groups in ethnic areas virtually since independence in 1948. Civilian populations caught in these conflicts have suffered immensely as a consequence. The government and army have never completely controlled all the territory and people of the internationally recognised state as it exists on the map. Instead, in some areas it has been armed groups and welfare actors associated with them that have been responsible for limited administration and service provision to conflict-affected populations. Despite tolerance or support for this non-state governance in some areas, armed groups still present threats to the security of the constituencies they also claim to represent. This thesis assesses the factors that have facilitated or obstructed armed groups’ actions and the extent of their compliance (or not) in response to the norms against landmine use and the recruitment of children. While studies in other regions on armed groups and humanitarian norms have tended to consider policies of violence deliberately directed against civilians, the present study considers these less deliberate threats that armed groups in Burma present to the security of their own constituencies. It explores a set of theoretical propositions drawn from literature that has addressed armed groups from the perspectives of humanitarian engagement, sociology and political economy analysis of armed conflict. These contrasting approaches offer a more inclusive framework for analysis, considering the social, economic and coercive military and political structures influencing armed groups, affected populations and humanitarian actors engaging with them in relation to these issues. This thesis contends that perceived legitimacy and the role of armed group associated welfare and civil society actors have been significant influences on attempts to ameliorate the impact of these issues. The perspectives iii and influences of legitimacy diverge, however, between international support for the prohibition of landmine use and under age recruitment, and local perceptions, from armed group constituencies and the government, of the groups as credible armed actors. Localised economic agendas combined with geographical dispersion and weak organisational cohesion have also been factors leading to less compliance with these protection norms. The findings indicate that there is also considerable divergence in the extent of compliance between the two norms. Whereas landmine use remains perceived as militarily necessary to most armed groups in Burma and related to their maintenance of local legitimacy, children involved with armed groups are seen as less vital militarily, and external engagement with armed groups to address this issue has met with more acceptance over time. In the light of bilateral ceasefires and ongoing negotiations since 2012, the willingness and capacity of the armed groups and their welfare wings to address these concerns for conflict-affected populations will be important for their future support and for lasting political settlements. iv Acknowledgements One of the difficulties with writing this thesis, and no doubt it is the case for many others as well, is the feeling that it is never finished. Major political developments in Burma/Myanmar in late 2015 and into 2016 demonstrate this point. The National League for Democracy’s election victory in November 2015 and moves in 2016 by the new NLD government towards a renewed peace process with ethnic armed groups occurred as work on this thesis was being completed. Nonetheless, the issues that this thesis more specifically addresses are likely to remain significant in the coming months and years despite the change of political parties within a system still largely structured around the military drafted 2008 constitution. It is hoped that this thesis makes at least a modest contribution to understanding the influences on, and the processes for, improving civilian protection and increasing respect for humanitarian norms in the case of non-state armed groups in Burma. I would like to thank Dr Alan Simpson and Dr Mark Rolls for their supervision throughout this thesis, and for their patience, direction, and valuable advice. During several research trips to the Thai-Burma border and inside Burma between 2012 and 2015, thanks are due to many people who provided assistance, advice, contacts, or a place to stay. In particular, this includes Katie, Marina, Htoo Ler, Ko Myint Oo, Khin Khin, Kyaw San, Chet Win, Rory, Matty, Derek, Cleo, Molly, Neo, Mark, and Kevin. Appreciation is especially due to the many people who gave generously of their time, knowledge and experience through their participation in interviews or focus groups, and in daily discussions about the issues and wider context surrounding this thesis topic. In New Zealand special thanks are due to Ko Ye Tun Oo, Mo Myat Thu, Ah Kar, Swan Myaing, Don, Traicy, Mary, Andrew, Lauren, Nick, and Jane. Thank you also to my fellow doctoral (and for many now post- doctoral!) students at the University of Waikato: Debrin, Gauri, Rebecca, John, Kaya, Chandra, Anita, Ahmed, Ibikunle, Todd, Handren, and Ben, v and to the department administrator, Frances. Particular appreciation is due to my fellow office mates over the most of the last four years inside the beige carpeted walls of room J.2.20. Thank you Graeme, Indi, Seyed and Jeanette for your company, humour and support. Field work for this thesis was assisted by a grant from the New Zealand Peace and Disarmament Trust (PADET). Grant number SJ-AOO166-2010. I would also like to acknowledge and thank The Border Consortium for kindly granting permission to use several of their maps. This thesis is dedicated to the memory of the late Saw Htoo Naw Than Aung (Pai Boon) and his vision for humanitarian mine clearance in Karen state, Burma. vi Table of Contents Abstract .................................................................................................... iii Acknowledgements ................................................................................. v Table of Contents ...................................................................................... vii List of Figures .......................................................................................... xiii List of Maps............................................................................................... xv Notes on names of places and ethnic groups ......................................... xvii List of Abbreviations ................................................................................. xix Chapter One ............................................................................................. 1 Introduction .............................................................................................. 1 Social factors: Legitimacy, identity and civil society ............................ 2 Material resources and funding ........................................................... 4 Military and political necessity ............................................................. 5 Humanitarian engagement with NSAGs ............................................. 5 Contribution to literature and theory .................................................... 6 Significance ........................................................................................ 9 Scope ............................................................................................... 10 International humanitarian norms ..................................................... 11 NSAGs in Burma: A brief introduction ............................................... 15 Research questions .......................................................................... 16 Organisation of the thesis ................................................................. 17 Chapter Two ........................................................................................... 21 Non-state armed groups (NSAGs) and theory ..................................... 21 NSAGs operating in Burma: definitions and terminology .................. 22 The rationale for the use of political economy and sociology-based theoretical approaches ......................................................................... 26