The Role of State Constitutions in Protecting ... - International IDEA

BURMA: STATE CONSTITUTIONS
AND THE CHALLENGES
FACING THE ETHNIC NATIONALITIES
Chao Tzang Yawnghwe
Introduction: The Politics of Ethnicity
The impression persists that Burma is a country torn by ethnic conflict and
violence, and therefore there is a great danger of the country breaking up into
fragments like the former Yugoslavia, or facing inter-ethnic strife and bloodshed
as in Bosnia.
This was the justification put forward by the military when it seized power in
1962 and has been the rationale for military rule ever since then. The military
claimed that they had to take over power because there was a secession plot by the
leaders of the ethnic nationalities (or the “national races”, the term used by the
present regime) 1 . They further claim that without a strong military presence,
there will be secession and inter ethnic violence. This is the justification for
military rule in perpetuity.
The leadership of the ethnic nationalities and resistance movements has focused
on ethnicity. They articulate the aspirations of their respective groups for rights
and equality in terms of ethnicity. For example, they speak of a need to secure a
“genuine federal union of equal ethnic nations (or nationalities). The aspiration
of the ethnic groups is not to be dominated by and imposed upon by another or
other ethnic groups, and to have the right to promote and protect their culture
and environment, including land 2 .
The aspirations of Burma’s ethnic nationalities 3 are no different to that of ethnic
groups and minorities (and indigenous peoples) elsewhere, who feel endangered,
marginalized and discriminated against by the state. However, in another sense,
the Burma context differs from other countries. The Union of Burma was formed
by an accord signed at Panglong in 1947, one year prior to the emergence of
Burma as an independent, post-colonial state (in 1948). The accord was between
the leaders who represented the different territorial entities of what became the
Union of Burma. In this sense, both historically and conceptually, the ethnic
1) The term used here is “ethnic nationalities” rather than “national minorities” to denote the ethnic groups of the country.
Burma is a multi-ethnic country. The major groups are the Burman, Shan, Karen, Kachin, Chin, Rakhine, Mon, and Karenni.
There is indeed much confusion as regard the majority-minority equation. There exists a perception that the Burmans are
the majority, in the absolute sense, and that the rest are ethnic minorities. While the Burmans do indeed constitute an
overall majority (perhaps about 50 percent plus), they are a minority in several states, e.g. the Shan State, the Chin (etc.)
states. The equation becomes more complicated when the constituent states are themselves multi-ethnic, despite the
names: the Shan State, the Karen State, etc. However, in the Burmese language, a distinction is made between minorities
and ethnic national groups (nationalities) – Lu-Ne-Zu, denoting minorities, and Lu-Myo-Zu for ethnic nationalities.
2) In the passages that follow, “ethnic equality” will be in reference to this definition.
3) The non-Burmans are ethnic segments that do not speak Burmese as their mother tongue like, for example, the Shan,
Mon, Karen, etc. The Burmans are ethnic Burmese, speaking the Burmese language. Apart from the eight major
segments, there are numerous other ethnic groups like the Ta-Ang or Palaung, PaO, Lahu, Wa, Akha, Kayan. As well, there
are Chin, Burman, Kachin (etc.) dialect groups.
13