U.S. Relations with Burma: Key Issues for 2017

U.S. Relations with Burma: Key Issues for 2017

April 12, 2017
U.S. Relations with Burma: Key Issues for 2017
Between 2011 and 2015, the Obama Administration
 Disagreement over the distribution of power between
increased engagement with Burma (Myanmar), and waived
the central government and the seven ethnic States; and
some of the sanctions imposed by Congress. Following the
 The Tatmadaw’s opposition to the participation of
formation of a new government in April 2016, with Aung
several of the EAOs in the negotiations, and the
San Suu Kyi in the newly created position as State
insistence of several of the larger EAOs that all EAOs
Counsellor, the Obama Administration waived most of the
be included.
remaining restrictions on U.S. relations. Congress,
Progress is also being hindered by the continuing fighting
however, chose to continue some restrictions via
between the Tatmadaw and ethnic militias in the States of
appropriations legislation. The Trump Administration has
Kachin and Shan. Most of these ethnic militias are
provided little indication of its intended policy toward
associated with EAOs that did not sign the October 2015
Burma.
ceasefire agreement. Fighting between the Tatmadaw and
the EAOs escalated following the 2016 peace conference,
Ongoing Conflict and the Peace Process
raising doubts about the Tatmadaw’s commitment to peace.
Burma has endured a low-intensity civil war since 1948, the
result of a perceived failure, according to many of Burma’s
Continuing Crisis in Rakhine State
ethnic minorities, of Burma’s central government to abide
Rakhine State is home for two major ethnic groups, the
by the terms of the Panglong Agreement which granted
Rakhine (or Arakan) and the Rohingya. The Rohingya have
Burma’s seven ethnic states a high degree of autonomy. For
been subjected to human rights abuses, mostly perpetrated
nearly 70 years, the Burmese government and various
by the government and military, for more than 50 years. In
ethnic armed organizations (EAOs) have vacillated between
1982, Burma’s military junta promulgated a series of
periods of active fighting and times of relative peace under
discriminatory policies, including a new Citizenship Law
negotiated ceasefire agreements. In 2011, several ceasefire
that effectively stripped the Rohingya of their citizenship.
agreements broke down and fighting between the Burmese
The junta also denied the Rohingya such rights as access to
military, or Tatmadaw, and some of the EAOs increased.
education and employment, and freedom of movement. The
Thein Sein government continued these practices when it
During his term in office (2011-2016), former President
was in power.
Thein Sein attempted to negotiate a nationwide ceasefire
agreement with most of the EAOs. Those efforts were
The NLD-led government initially showed some
partially successful, when, on October 15, 2015, 8 of 21
willingness to reexamine past policies in Rakhine State. For
EAOs signed a ceasefire agreement with the Thein Sein
example, on August 24, 2016, Aung San Suu Kyi
government and the Tatmadaw. Thein Sein’s subsequent
announced the creation of an international Advisory
efforts to advance the peace process were largely
Commission on Rakhine State, headed by former U.N.
unsuccessful.
Secretary General Kofi Annan, to analyze the factors that
have resulted in violence in Rakhine State.
Aung San Suu Kyi has made the peace process a top
priority of the new NLD-led government. More than 1,400
October 2016 Attacks
representatives of ethnic political parties, EAOs, the NLD-
On October 9, 2016, an unknown number of assailants
led government, the Tatmadaw, and other concerned parties
attacked three border outposts in northern Rakhine State,
attended a peace conference, dubbed the “21st Century
killing nine Myanmar Police Force (MPF) officers. In
Panglong Peace Conference,” in Naypyitaw, Burma on
response, the Tatmadaw deployed additional security
August 31–September 3, 2016. Progress at the conference
personnel into northern Rakhine State, imposed martial law,
appeared to be hampered by the Tatmadaw’s objection to
and restricted humanitarian assistance and media access to
inviting three EAOs—the Arakan Army, the Myanmar
the affected areas of northern Rakhine State as part of a
National Democratic Alliance Army, and the Ta’ang
“clearance operation.”
National Liberation Army—to the conference. Statements
presented by Commander-in-Chief Senior General Min
The Tatmadaw and the NLD-led government initially
Aung Hlaing and representatives of several EAOs,
claimed that the attacks were carried out by a group of
moreover, indicated a serious gap in their visions of a
Rohingya organized by Aqa Mul Mujahidin, a Muslim
democratic federated union of Burma. A second peace
extremist group operating in Bangladesh. The Tatmadaw
conference, originally scheduled for the end of February,
and the NLD-led government subsequently attributed the
has been postponed indefinitely.
attacks to a different group, the Harakah al-Yaqin (HaY).
(The group’s leader, Ata Ullah, has renamed the
The NLD-led government faces many of the same
organization the Arakan Rohingya Salvation Army
challenges in the peace negotiations that the Thein Sein
[ARSA], which he claimed is committed to defending the
government faced, including:
rights of the Rohingya.)
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U.S. Relations with Burma: Key Issues for 2017
Human Rights Violations
Vulnerable Population of Rakhine State
Various Burmese and international organizations, including
Of the vulnerable populations identified by UNOCHA, in
the United Nations High Commissioner for Human Rights
Rakhine State, the 120,000 long-term IDPs—mostly Rohingya—
(UNHCHR), Amnesty International, and Human Rights
live in 36 camp or camp-like settings. An additional 282,000
Watch, claim that the Tatmadaw forces have inflicted
people in 11 townships are also in need of humanitarian support.
reprisals against the civilian Rohingya population, killing
UNHCR has stated that nearly one million people (mostly
unarmed civilians, raping women and children, and burning
Rohingya in Rakhine) are stateless. For the Rohingya, restrictions
down villages. The Tatmadaw, the NLD-led government,
on freedom of movement impact many areas of their lives and
and the presidential commission deny that serious human
create dependence on humanitarian and protection assistance.
rights violations have occurred in Rakhine State. Reports
Since the October 2016 attacks, an estimated 30,000 Rohingya
from some journalists who were already in northern
have become IDPs and 65,000 to 73,000 Rohingya have fled to
Rakhine State support the claims of violent Tatmadaw
Bangladesh. Humanitarian organizations have faced severe
reprisals against the Rohingya.
constraints on access due to limitations imposed by the
government in northern Rakhine and Kachin/northern Shan.
The U.N. High Commissioner for Refugees (UNHCR) has
stated that the alleged violence in Rakhine State may
constitute “crimes against humanity.” Other groups have
Prospects for constitutional reforms are stymied by the
raised fears that the Tatmadaw are attempting an “ethnic
appointed military members of the Union Parliament
cleansing” of
having veto power over most of proposed constitutional
the Rohingya. The Advisory Commission on
amendments. Changes to most of the articles in the 2008
Rakhine State released its interim report on March 16,
constitution require the support of more than a 75%
2017, recommending that humanitarian assistance be
majority of the members, and the military members hold
restored and the temporary camps closed as soon as
25% of the seats in the Union Parliament. Having failed to
possible. On March 22, 2017, the U.N. Human Rights
Council decided “to dispatch urgently an independent
obtain a constitutional amendment that would have made it
possible for her to serve as President, Aung San Suu Kyi
international fact-finding mission … to establish the facts
appears to have abandoned efforts to reform the 2008
and circumstances of the alleged recent human rights
constitution.
violations by military and security forces, and abuses, in
Myanmar, in particular in Rakhine State.” The NLD-led
government has agreed to implement the commission’s
The NLD, however, does have a sufficient majority in both
chambers of the Union Parliament to pass legislation to
recommendations, but opposes the fact-finding mission.
repeal or revise repressive laws without the support of its
Humanitarian and Displacement Issues
military members. Nearly a year after taking office,
however, the Union Parliament has made few changes in
Serious humanitarian issues exist in many parts of Burma.
Burma’s more problematic laws, such as the Electronic
The country is also one of the most vulnerable to natural
Transactions Act, the Peaceful Assembly and Peaceful
disasters in Asia. Millions of Burma’s estimated 51.5
Processions Act, and the Telecommunications Act, which
million people suffer from food insecurity, chronic poverty,
continue to be used to arrest people for their political
lack of adequate health and other services. In addition, an
beliefs. In addition, the NLD has not taken up the four so-
estimated 6.4 million people live in conflict-affected areas.
called “Race and Religion Protection Laws” passed in
Emanating from this fragile situation are regional refugee,
2015, that violate international standards regarding freedom
migration, and labor issues, including an estimated 320,000
of religion and women’s rights.
registered refugees in Bangladesh, India, Malaysia, and
Thailand, and reportedly 350,000 to 500,000 who remain
Political Prisoners
unregistered (mainly in Bangladesh). Thousands of
When the military junta transferred power to the Thein Sein
undocumented Burmese workers and vulnerable migrants
government in 2011, more than 1,000 political prisoners
live in Thailand and Malaysia.
were in Burmese jails. Ex-President Thein Sein promised to
release all of Burma’s political prisoners by the end of
Within Burma, in December 2016, the U.N. Office for the
2014, but when the President Htin Kyaw took office in
Coordination of Humanitarian Affairs (UNOCHA)
April 2016, an estimated 121 political prisoners were in
identified 525,000 people who were in need of critical
prison, and another 414 were facing trial. President Htin
humanitarian and protection assistance, mainly as a result
Kyaw and Aung San Suu Kyi pardoned a number of
of conflict. These include 218,000 people who were
political prisoners, but new political prisoners continue to
Internally Displaced Persons (IDPs) in camps and host
be arrested by the Myanmar Police Force, which directly
communities in Kachin (87,000), Shan (11,000), and
reports to the Tatmadaw, for alleged violations of Burma’s
Rakhine (120,000); and 307,000 non-displaced, vulnerable
repressive laws. As of January 31, 2017, there were 250
people with a lack of access to services. By April 2017, due
political prisoners in Burma.
to ongoing conflict, the overall number of IDPs increased to
260,000. (See “Vulnerable Population of Rakhine State.”)
Michael F. Martin, Specialist in Asian Affairs
Constitutional and Legal Reforms
Rhoda Margesson, Specialist in International
Since taking office in April 2016, little progress has been
Humanitarian Policy
made on NLD campaign pledges to establish a more
IF10635
democratic government and protect the human rights of the
people of Burma.
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U.S. Relations with Burma: Key Issues for 2017

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