Dialogue/reform/transition in Burma/Myanmar - analyses and statements

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Description: "The Irrawaddy spoke to Tin Maung Than on the possibilities for political change in Burma and the need for the opposition to make a realistic plan with the regime. Tin Maung Than is a researcher at the Burma Fund based in Washington DC. He was formerly editor of the banned Thintbawa ("Your Life") magazine in Rangoon. Question: Do you see any hope for change in Burma with the ouster of Gen Khin Nyunt? Answer: I still have hope for change after dreadful decades of military dictatorship. But, sadly, I don?t see any sign of it. There are two different approaches and I do not hear anyone coming up with [any] creative idea[s] to bridge the gap between the parties. Q: How do you see the leadership change affecting the National Convention? Will it lead to democracy? A: I think the wine bottle is the same whether Gen Khin Nyunt or Sr-Gen Than Shwe holds it. [The] international community expected that Gen Khin Nyunt would hold a dialogue with Daw Aung San Suu Kyi within the framework of [the] National Convention. He just gave a hint but did not come forward with any political proposals. The road map, which Asean [Association of Southeast Asian Nations] thought [of] as Prime Minister Khin Nyunt?s proposal, was in fact, not different from the old one in 1993 and the adopted chapters would not lead the country to democracy. But if all parties are able to make a few concessions, it can lead to democracy..."
Tin Maung Than
Source/publisher: "The Irrawaddy" Vol. 12, No. 11
2004-11-30
Date of entry/update: 2005-01-31
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Language: English
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Description: "Robert H Taylor is a consultant on Myanmar and Southeast Asian Affairs and recently was a Senior Visiting Research Fellow at the Institute of Southeast Asian Studies in Singapore. He has taught in the US, UK, and Australia and has written and edited several books and articles on Burma?s politics and history. He spoke with The Irrawaddy about Burma under military rule and the government?s road map proposal for the country?s future. Question: Why are many Burmese and foreign observers and diplomats skeptical about the seven-point road map plan? Answer: Well, it?s a question of whether you see the cup half full or half empty. And whether your interim goal is immediate full democratization and the withdrawal of the Army from politics or some sort of transitional, interim step. If you take the view of the US State Department and people of that ilk that the Army has to give up power instantly and hand it over to the NLD, that?s definitely not going to happen. If you take the view that the compromise deal which allowed a greater degree of political space in Myanmar [Burma] society, the development of political institutions in conjunction with the Army, that the Army has a role for a while in the management of the state, perhaps in conjunction with groups in civil society and ceasefire groups and political parties, then you can see it as an optimistic possibility. I?ve always taken the view that things don?t leap overnight from black to white. There?s a lot of processes in the middle, provisional steps, evolutionary processes and go forward in that way..."
Source/publisher: "The Irrawaddy" Vol. 12, No. 2
2004-01-31
Date of entry/update: 2004-06-09
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Language: English
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Description: "...Since 1990, most Western governments have taken a self-consciously principled approach to Myanmar, applying coercive diplomacy and economic sanctions in an effort to force the military government to implement the results of the multiparty election held that year. The 30 May 2003 attack on Aung San Suu Kyi and her followers increased both political pressure and justification for strengthening this approach. However, the military government today is more entrenched and more recalcitrant than when it took power. The prodemocratic opposition -- although it maintains broad popular support -- has lost much of its momentum, and international actors have demonstrably failed to protect even Aung San Suu Kyi, not to speak of less prominent figures, from persecution. Meanwhile, the socio-economic conditions for a majority of the population have greatly deteriorated. In short, things are moving the wrong way. The much gentler 'engagement' policy embraced by most of Myanmar's Asian neighbours for most of the period of military rule has been equally unproductive. In the absence of any external pressure at all for change, it is highly unlikely that any change at all will occur. The people of Myanmar need greater say in the governance of their country. The failure of 40 years of military rule to provide human welfare and security consonant with the country's great natural potential is closely linked to the absence of popular participation in decision-making. For now, however, the configuration of power and interests inside the country are not conducive to major, quick change -- and there are no "magic bullets", no realistic policy options that can change that. In such circumstances, efforts are required to change political, social and economic realities over a longer period in ways that would facilitate better governance and the gradual introduction and consolidation of genuinely democratic institutions. That is only likely to happen if coercive measures are allied to a more flexible, intensive and sustained diplomatic strategy that does not in any way embrace the military government, but rather includes a greater willingness to pursue some half-measures, small steps and even limited cooperation in order to begin to move the country forward while protecting those who suffer under the status quo or might be hurt by future reforms. International objectives have to be rethought, new benchmarks for change adopted, a more supportive approach toward creating a positive internal climate of change adopted, and more support given to the UN in its important mediation and facilitation role. The road map put forward by the SPDC and realignments within the military government offer a sign of movement, slight though it may be, in the political situation. This provides an opportunity to encourage progress and should not be dismissed out of hand. Any government or institution that deals with Myanmar needs to maintain an acute sense of the realities of the country: change is often painfully slow and easily reversed, the military is an intensely difficult institution with which to deal, and outside influence on any of the actors is very limited. The international community should take whatever opportunity is presented to encourage whatever progress is possible. That means developing a new policy approach -- containing elements of the present sanctions approach of the West and engagement policy of the region, but more productive than either -- that brings together international actors rather than divides them, creates an environment for change in the country and offers a way out for all parties that has a chance of being accepted..."
Source/publisher: International Crisis Group (ICG)
2004-04-26
Date of entry/update: 2004-04-26
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Language: English
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Description: Überlegungen zur Vorgeschichte der Vorgänge des 30. Mai in Nord-Myanmar. Analyse des Verhältnisses zwischen Aung San Suu Kyi / Opposition und Militärregierung. Aussicht auf Versöhnung - Depayin clashes, transition process, relationship Aung San Suu Kyi and SPDC, talks
Hans-Bernd Zöllner
Source/publisher: Burma Initiative Asienhaus
2003-08-31
Date of entry/update: 2003-12-05
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Type: Individual Documents
Language: Deutsch, German
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Description: "As Burma moves toward a negotiated settlement to end its political impasse, the transition to democracy promises to be a messy one... The idea that negotiations between the Burmese military regime�the State Peace and Development Council (SPDC)�and Daw Aung San Suu Kyi, the leader of the democratic opposition, will lead to a democratic transition in Burma sooner or later is an idea whose time has come. A negotiated settlement is in the pipeline since there is no viable alternative to dialogue and a negotiated transition. However, this is not to say that both the camps are as committed to this path as it appears. Each would certainly prefer a less messy, more clear-cut solution: on the one hand, the overthrow of the military regime, and on the other, the collapse or "disappearance" of the democratic opposition..."
"Burma Observer"
Source/publisher: "The Irrawaddy" Vol. 10, No. 7, September 2002
2002-08-31
Date of entry/update: 2003-06-03
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Language: English
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Description: "Burma is a nation in crisis. It faces severe economic stagnation, endemic poverty, and serious health and social welfare challenges, all within a context of significant international isolation. Burma?s status as an international pariah represents a global response to a history of gross violations of human rights as well as the refusal of the State Peace and Development Council (SPDC), the ruling military regime, to recognize the National League of Democracy (NLD) party?s overwhelming victory in the 1990 elections. It is difficult to imagine how Burma can respond to its current crisis without addressing its global political isolation, a process that will almost certainly require a political transition from authoritarian rule to a constitutionally-based electoral democracy. In this sense, the question facing Burma is not so much whether there needs to be a democratic transition, but rather how this transition will be managed and when it will take place..."
Daniel Rothenberg
Source/publisher: "Legal Issues on Burma Journal" No. 10 (Burma Lawyers' Council)
2001-11-30
Date of entry/update: 2003-06-03
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Type: Individual Documents
Language: English
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Description: In Brief: (1) "...In the case of Burma, the UN has successfully brought about on-going confidence-building talks between the military junta and the democratic opposition. The UN must continue to play this crucial role. Restoration of the Rule of Law in Burma cannot destroy the concerned parties; on the contrary, Rule of Law essentially provides the mechanism to resolve conflicts. If the domestic mechanism does not work, the only other option for the International Community is to take initiatives to prevent the outbreak of violence. The key to change (in Burma as well as in the Israeli-Palestinian conflict) by and large is in the hands of the International Community. Democratic transition can only emerge peacefully if there is interaction between the domestic and international forces. Rule of Law is without borders..." (2) a study of lessons for Burma in the transiton process in the Philippines. (3) "Burma?s Transition: About Corruption and Abuse of Power"
B.K. Sen
Source/publisher: "Legal Issues on Burma Journal" No. 8 (Burma Lawyers' Council)
2001-03-31
Date of entry/update: 2003-06-03
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Language: English
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Description: Justice in Transition: "As the twenty-first century begins, transitions from repressive rule to democracy have become a worldwide phenomenon. In many cases, the displaced regimes have been characterized by massive violations of human rights. While it is unclear when Burma will be free, it is certain that it will eventually become a democracy. A critical challenge that will arise for the democratically-elected government when it comes to power will be how to deal with past human rights abuses.1 Burma is not alone ? Czechoslovakia, El Salvador, Guatemala, Germany, Honduras, Chile, Columbia, Greece, Germany, Poland, Hungary, the Philippines, Rwanda, Ethiopia, Cambodia, East Timor, Nigeria, Northern Ireland, Sierra Leone and other countries have recently or are presently looking at ways of dealing with these issues...A future democratic Burma will have to plot its course carefully with regard to dealing with the past. Decisions about whether to have trials and, if so, who ought to be tried; or whether to pass or rescind amnesty laws; and whether there should be a truth commission or some similar process are difficult and complex. They must be taken in the context of the unique historical, economic, political and social factors, as well as what would best satisfy the needs of the victims. While there is an accepted and majority view that, for certain crimes, international law puts a duty on a state to prosecute or extradite offenders, in reality the type of justice which a particular country adopts is dependent on the balance of power between the new government and the repressive one it replaces..."
Jeremy Sarkin
Source/publisher: Legal Issues on Burma Journal No. 7 (Burma Lawyers' Council)
2000-11-30
Date of entry/update: 2003-06-03
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Language: English
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Description: "An intensive people's movement for the restoration of democracy and human rights has been existing in Burma for more than a decade. In the meantime, both government and opposition groups have been drafting constitutions, to be put into force during the transition to a more open and democratic system of government..."
Khin Maung Win
Source/publisher: "Legal Issues on Burma Journal" No. 8 (Burma Lawyers' Council)
2001-03-31
Date of entry/update: 2003-06-03
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Type: Individual Documents
Language: English
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Description: Analytische Aspekte zu den im Oktober 2000 begonnenen Gesprächen zwischen der Militärjunta und der Opposition in Burma und den Reaktionen darauf von Hans-Bernd Zoellner, einem der führenden Burma-Wissenschaftler in Deutschland (Downlaod als pdf-Datei). Hans-Bernd Zoellner's analysis of the current talks between Aung San Suu Kyi and the SPDC. (it is in pdf-format for download). (history, NLD, SPDC, politics, also: international community reactions and human rights movement mentioned in the article).
Hans-Bernd Zöllner
Source/publisher: Südostasien, Jg. 17, Nr. 2 - Asienhaus
2001-05-31
Date of entry/update: 2003-06-03
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Type: Individual Documents
Language: Deutsch
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Description: "A country embarking on a transition to democracy has many issues to deal with. One of the most critical is the question of elections, the type of system chosen and the manner in which elections are conducted.1 Free and fair elections are necessary to establish a democratic, human rights-based society, and to ensure that the government and the state are legitimate.2 The right to vote is an instrument of power for both the voter and the state. When giving the people the right to vote, it is necessary to determine who is permitted to vote, and to regulate the exercise of the vote through a system which could include legislation and ways of verifying the identity of people. Such a system helps to prevent non-resident citizens from voting, and to exclude residents who do not qualify to vote. In some countries, for example, prisoners may not vote..."
Jeremy Sarkin
Source/publisher: "Legal Issues on Burma Journal" No. 8 (Burma Lawyers' Council)
2001-03-31
Date of entry/update: 2003-06-03
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Language: English
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Description: Argues, with specific examples, that transition in Burma requires restoration of the rule of law. "Many people and organizations have commented that the event that never happened before in Burma has happened now. It refers to the current dialogue process between the military regime and the National League for Democracy (NLD). However, unfortunately, it is still not entirely certain whether it is an authentic process, which would successfully create a democratic transition of Burma, or a political strategy of the regime, prolonging its power. The NLD announced to resolve the issues of the country several times, by establishing a genuine political dialogue, and so did the major ethnic resistance organizations. Controversy is not attributed to the position of the NLD but to the previous actions of the military regime..."
Aung Htoo
Source/publisher: "Legal Issues on Burma Journal" No. 8 (Burma Lawyers' Council)
2001-03-31
Date of entry/update: 2003-06-03
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Type: Individual Documents
Language: English
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Description: Report of Workshops held in Chiangmai, Thailand & New Delhi, India April 2000.The South African experience; Lessons Learned. Distinguishing between Burma and South Africa. The pre-negotiation phase -Creating the conditions for a negotiated settlement: Subjective and objective factors; Objective factors; International pressure; Economic pressures; Military factors; Internal mass opposition ; The sustainability of minority rule ; Subjective factors; Liberation movements; The regime; Making the negotiations option attractive. Establishing and sustaining the negotiating process: Dealing with preconditions: "Levelling the playing fields" ; Protecting the process from violence; Violent challenges to the negotiations; The National Peace Accord; Agreeing on the constitution-making process; Agreeing on the process; Phase one: Establishing binding principles prior to elections; Phase two: Operationalising the binding principles through the Constitution. The making of the constitution: Inclusivity; Popular participation; Confronting the past in order to face the future. Substantive choices in the South African: constitution-making process; The Constitutional State; Government of National Unity; Bill of Rights; Strong Parliament; Institutions supporting democracy; Electoral System; Language and Culture; Federal or regional decentralization; Decentralization and financial matters; Critical observations of the constitution; Detailed drafting; Cost of structures; Impractical provisions. Lessons from the South African negotiations.
Source/publisher: International IDEA
2000-11-30
Date of entry/update: 2003-06-03
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Description: "The word 'secession' has originated from the concept of 'self-determination'. Apart from its historical context, 'self-determination' can also be seen in its plain meaning. The Oxford Dictionary defines 'self-determination as, 'The right of a nation or people to decide what form of government it will have or whether it will be independent of another country or not'. The second part of this definition is easy to understand. A nation or people has the right to be independent of another country when under subjugation of that country. But sometimes it is difficult to determine whether a nation striving for selfdetermination is actually a nation..."
B.K. Sen
Source/publisher: "Legal Issues on Burma Journal" No. 10 (Burma Lawyers' Council)
2001-11-30
Date of entry/update: 2003-06-03
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Type: Individual Documents
Language: English
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Description: "The new political scenario in Burma has given hope for change. The scenario relates to the current talks between the Junta and Daw Aung San Suu Kyi, the leader of the democratic opposition. The scenario is new because the past has witnessed disastrous confrontation between the two forces. The Junta stated first that they wanted the annihilation of the National League for Democracy. Now the Junta has condescended to talks. Hope for change has come because an end to the long military rule since 1962 is in sight. The end of the military rule is pregnant with the expectations of the people that there will be a beginning of the Rule of Law. The transition from authoritarianism to democracy will be ambiguous if it is not founded on interim institutional changes on issues of Rule of Law..."
B.K. Sen
Source/publisher: "Legal Issues on Burma Journal" No. 8 (Burma Lawyers' Council)
2001-03-31
Date of entry/update: 2003-06-03
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Type: Individual Documents
Language: English
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Description: "To mark the tenth anniversary of Aung San Suu Kyi receiving the Nobel Peace Prize, President Vaclav Havel of the Czech Republic agreed to share his views on her accomplishments, as well as on the current situation in Burma, with Irrawaddy readers. In this exclusive interview, conducted via e-mail with Irrawaddy correspondent Min Zin, President Havel expresses his agreement with Aung San Suu Kyi?s belief that the struggle for democracy needs to be "a movement very much of the spirit", and urges Burmese "to begin thinking not only about changes but also about what will come afterwards." ..."
Min Zin, Vacláv Havel
Source/publisher: "The Irrawaddy", Vol. 9, No. 9
2001-11-30
Date of entry/update: 2003-06-03
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Language: English
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