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Moment of Truth for Burma: Unity or Else?

By B.K Sen
February 12, 2000

12th February is a landmark day in the history of Burma. This will be
the first Union Day of the century. For the past decades this day had
been shabbily treated as the country is under the jackboot of military
junta. To revive its spirit, there is need for introspection.

At Pinglong, Shan State, an Agreement was signed on this day fifty-three
years ago laying down the basic principles of the Constitution of future
Independent Burma. The national and ethnic leaders signed this
Agreement. Subsequently they were incorporated in 1947 Constitution
adopted by Parliament composed of elected representatives of the people.
The Constitution had two salient features. First, it was one Country
that is unity. Secondly right of secession was given to the ethnic
nationalities exercisable after 10 years from "independence". It is
forgotten that this right was not automatic but was subjected to a
Constitutional peaceful process.

In February 1962, the leaders met at Taunggyi in Shan State to sort out
the issue and find out ways and means to protect and preserve the
overriding feature of The Constitution namely unity and territorial
integrity of the Country. The process proceeded without hiccups but
General Ne Win, then head of the Burma Army staged a coup and seized
power. The entire process was trampled under his jackboot and leaders
put behind the bar. Under the military dictatorship, the ethnic problem
intensified and as Burma Army was predominantly composed of Burman race.
The ethnics' animosity against Burman leaders increased. The Junta?s
method of tackling the ethnic problem was crude. It entered into
cease-fire agreements with number of ethnic nationalities and has
enticed a few of their leaders to become drug warlords. Its attempt to
meet the problem politically was a disaster in deed.

The message sent on this day is that Constitutions do not work, they are
worked by citizens. So the people will have to draw a constitution
compatible to the goals they pursue and work. The goals are democracy,
self-determination, liberal autonomy, harmony and human rights and
dignity. The Constitution that the Junta has drawn up is negation of all
these principles. The pro-democracy movement and ethnic leaders have
rightly rejected it.

But on this day, leaders of the opposition movement within and outside
Burma face wide range of differences among themselves. And they must
narrow down their differences. It should not be forgotten that the right
of secession in 1947 constitution was subject to a constitutional
process, which had been aborted. From Taunggyi Conference to Gandhi Hall
conference, then to Manepaul conference, the guidelines can be traced
and threads picked up. The National Council of the Union of Burma
(N.C.U.B), an umbrella of ethnic and democratic forces outside Burma has
tried to draft a constitution for Burma and the process still continues.

Meanwhile, people?s frustration is mounting due to failure of their
leaders to evolve an agreed draft constitution for future Burma. One can
be sure that the agreement or at least understanding between majority
Burmans and minority ethnic nationalities will bring in a radical shift
in the political equation of Burma. The struggle against military
dictatorship could well be transformed itself into a countrywide
movement.

(B. K. Sen is an advocate who works for Burma Lawyers' Council in India
and contributed this article to Mizzima News Group)