BETWEEN CEASEFIRES AND FEDERALISM: EXPLORING INTERIM ARRANGEMENTS IN THE MYANMAR PEACE PROCESS Myanmar Interim Arrangements Research Project Ashley South, Tim Schroeder, Kim Jolliffe, Mi Kun Chan Non, Sa Shine, Susanne Kempel, Axel Schroeder and Naw Wah Shee Mu Table of Content page ACRONYMS AND ABBREVIATIONS 4 EXECUTIVE SUMMARY 6 1 CHAPTER 1: INTRODUCTION 14 1.1 THE MYANMAR PEACE PROCESS - BACKGROUND AND OVERVIEW 14 1.2 WHAT ARE “INTERIM ARRANGEMENTS”? 16 1.3 STAKEHOLDERS’ PERCEPTIONS AND POSITIONS 23 1.4 METHODOLOGY 29 2 CHAPTER 2: INTERIM ARRANGEMENTS AND GOVERNANCE 33 2.1 SHAN 33 2.2 KAREN 36 2.3 MON 42 2.4 TANINTHARYI 45 2.5 TRENDS 49 3 CHAPTER 3: KEY SECTORS AND THEMES 53 3.1 HEALTHCARE 53 3.2 EDUCATION 56 3.3 INFRASTRUCTURE PROJECTS, ENVIRONMENTAL CONSERVATION, 60 LAND AND NATURAL RESOURCE MANAGEMENT 63 3.4 SOCIO-ECONOMIC DEVELOPMENT AND LIVELIHOODS 3.5 PRIVATE SECTOR 65 3.6 SECURITY, STABILITY, RULE OF LAW AND CIVILIAN PROTECTION 67 3.7 ILLEGAL DRUGS 70 3.8 FORCED MIGRATION: REFUGEES AND IDPS 72 3.9 AID ISSUES 75 3.10 GENDER ISSUES 78 4 CHAPTER 4: RECOMMENDATIONS 80 4.1 RECOMMENDATIONS TO DONORS & AID PROVIDERS 80 4.2 RECOMMENDATIONS TO GOVERNMENT, AND TATMADAW 81 4.3 RECOMMENDATIONS TO ETHNIC ARMED ORGANIZATIONS 82 4.4 RECOMMENDATIONS TO PRIVATE SECTOR 82 4.5 MYANMAR INTERIM ARRANGEMENTS RESEARCH PROJECT - PHASE 2 83 ANNEXES 84 I) TP VILLAGE, PALAW TOWNSHIP 84 II) MON NATIONAL SCHOOLS 86 III) PEACE AND TRUST IN THE KAREN HILLS 86 IV) LIFE AND LIVELIHOODS ON THE TANINTHARYI RIVER 89 V) MWIN LWIN MOUNTAIN: CEMENT PROJECTS IN KAREN AND MON STATE 91 VI) COMMUNITIES IN JEOPARDY: UNRESOLVED LAND TENURE CHALLENGES 92 VII) TOWNSHIP DEMOCRATIC LOCAL GOVERNANCE PROJECT, MON STATES 92 BIBLIOGRAPHY 94 // ACKNOWLEDGMENTS & IMPRINT Acknowledgments The authors and research team would like to thank everyone who contributed to this study, including people from confict- affected communities, and representatives from government, Ethnic Armed Organizations, civil society groups, political parties, donors, aid agencies, national and international experts. Thank you to the copy-editor Micheal Woods, and for their comments on drafts (or sections) of the report to Alan Smith, Marie Lall, Beth Moorsmith, Charles Petrie, William Davis, Tom Sheehan, Cate Buchanan, Jared Bissinger and Matthias Rimarzik, and to some EAO leaders who prefer to remain anonymous. Thanks also to Sean Deely and Sai Latt at the JPF. Imprint Covenant Consultancy Co. Ltd. AUTHORS: Ashley South No.27, Pinlon 1st Street Shwe Pinlon Housing, 27 Ward Susanne Kemple North Dagon, Yangon, Myanmar Mi Khun Chan Non Tim Schroeder WEBSITE: www.covenant-consult.com Kim Jolliffe E-MAIL: [email protected] Sa Shine Wah Shee Mu MANAGING DIRECTOR: Theo Lian Pianga HEAD OF PROGRAM: Tim Paul Schroeder LAYOUT DESIGN: Simon Eitzenberger PROJECT MANAGEMENT: Axel Schroeder [email protected] CONVENANT CONSULT 3 // MAIN ACRONYMS & ABBREVIATIONS Acronyms & Abbreviations 3 MDG Three Millenium Development Goal Fund INGO International Non-Government Agency ABSDF All Burma Students’ Democratic Front IRC International Rescue Committee ADB Asian Development Bank JCB Joint Coordination Body / Joint Coordination Body for Peace Process Funding ALP Arakan Liberation Party JIAC Joint Interim Arrangements Committee ATS amphetamine-type stimulants JMC Joint Monitoring Committees BEWG Burma Environmental Working Group JPF Joint Peace Fund BGF Border Guard Force KAD Karen Agriculture Department CDD Community Driven Development KED Karen Education Department CIDKP Committee for Internally Displaced Karen People KESAN Karen Environment and Social Action Network CRED Committee for Rural Enlightenment and Development KIO Kachin Independence Organisation CSO Community Service Organisation KKO Khlohtoobaw Karen Organization DKBA Democratic Karen Benevolent Army KNDO Karen National Defence Organisation EAO Ethnic Armed Organisation KNLA Karen National Liberation Army EIA Environmental Impact Assessment KNPF Karen National Police Force EITI Extractive Industries Transparency Initiative KNU Karen National Union ENAC Ethnic Nationalities Affairs Centre KSEAG Karen State Education Assistance Group GAD General Administration Department KTWG Karen Teacher Working Group GIS Geographic Information Systems MEC Myanmar Education Consortium HURFOM Human Rights Foundation of Monland MIARP Myanmar Interim Arrangements Research Project IAs Interim Arrangements MIMU Myanmar Information Management Unit IAC Interim Arrangements Committee MNEC Mon National Education Committee IDP Internally Displaced People MNHC Mon National Health Committee 4 // MAIN ACRONYMS & ABBREVIATIONS MOCAF Ministry of Conservation and Forestry SPDC State Peace and Development Council MoH Ministry of Health SSDF Shan State Development Foundation MoU Memorandum of Understanding SSPP Shan State Progress Party MRDC Mon Relief and Development Committee TBC The Border Consortium MPSI Myanmar Peace Support Initiative TRG Tanintharyi Region Government MWO Mon Women’s Organization UNA United Nationalities Alliance NCA Nationwide Ceasefre Agreement UNFC United Nationalities Federal Council NCCT Nationwide Ceasefre Coordination Team UNHCR United Nations High Commissioner for Refugees NESP National Education Strategic Plan UNICEF United Nations Children’s Fund NF Nippon Foundation UNODC United Nations Offce on Drugs and Crime NHP National Health Plan UPC Union Peace Conference NLD National League for Democracy UPDJC Union Peace Dialogue Joint Committee NMSP New Mon State Party USAID United States Agency for International Development NRPC National Reconciliation and Peace Centre USDP Union Solidarity and Development Party PI Pyidaungsu Institute UWSA United Wa State Army PNLO Pa-O National Liberation Organization WHO World Health Organization PNO Pa-O National Organization WWF World Wildlife Fund PPST Peace Process Steering Team PSF Peace Support Fund RCSS Restoration Council of Shan State RDF(SS) Rural Development Foundation (Shan State) RPF Rahmonnya Peace Foundation // EXECUTIVE SUMMARY Executive Summary The Myanmar Interim Arrangements Research Project (MIARP) recent setbacks in the peace process may take many years to was funded by the Joint Peace Fund (JPF)1, and implemented achieve. In the meantime, recognition of Interim Arrangements between October 2017 and October 2018. Researchers spoke refects the government’s acknowledgement of key EAOs’ po- to more than 450 people in Shan, Karen/Kayin and Mon States, litical legitimacy and administrative responsibilities - at least, Tanintharyi Region, Naypyidaw, Yangon and Thailand, inclu- for those groups which have signed the Nationwide Ceasefre ding confict-affected communities, representatives of Myan- Agreement (NCA). One of the key recommendations of this mar government and Army, leaders and members of Ethnic report is to support EAOs to exercise governance and admi- Armed Organisations (EAOs), civil society organisations (CSOs), nistrative authority in a responsible and accountable manner. political parties, diplomats and donors, and international aid workers and analysts. The only offcial text referring to Interim Arrangements is the October 2015 NCA. However, Interim Arrangements are The term “Interim Arrangements” (ၾကားကာလအတြင္းေဆာင္ရြက္ရ relevant in areas where EAOs have not signed the NCA, and မည့္အစီအစဥ္မ်ား) is a contested concept, meaning different furthermore the NCA text fails to cover the full range of things to different stakeholders. The MIARP adopted the follo- meanings associated with the term. wing working defnition of Interim Arrangements: Although Interim Arrangements are about more than the “Service delivery and governance in confict- NCA, Chapter 6 (Article 25) of this agreement does recognize affected areas, including the relationship the roles of signatory EAOs in the felds of health, educa- between EAOs and government systems, during tion, development, environmental conservation and natural the period between initial ceasefres and a resource management, preservation and promotion of ethnic comprehensive political settlement.” cultures and languages, security and the rule of law, and illicit drug eradication. The NCA allows EAOs to receive internatio- nal aid, in coordination with the government. However, with Interim Arrangement refers to EAOs’ governance functions, no agreed mechanism for addressing these goals through the administrative authority and service delivery systems. The is- peace process architecture, the NCA has had limited impacts sue of which geographic areas are covered by Interim Arran- on improving confict-affected communities’ access to equi- gements is problematic. The Myanmar Army has pressed to table and effective governance and services. Furthermore, restrict EAOs’ service delivery and governance functions to on the ground in southeast Myanmar, government offcials areas under armed groups’ exclusive control (which in most seem to regard EAOs primarily as service delivery actors, and/ cases have not yet been demarcated); on the ground however, or private companies, rather than legitimate governance and EAOs’ infuence and delivery of services and governance fun- administrative actors. ctions extend into areas where political and military authority is mixed, and contested with the government and Tatmadaw. For many years, Myanmar’s larger EAOs have taken on gover- nance and administration roles in their areas of control, often In principle, the “interim” period extends until a comprehen- delivering a wide range of services in partnership with CSOs. sive