icon caret Arrow Down Arrow Left Arrow Right Arrow Up Line Camera icon set icon set Ellipsis icon set Facebook Favorite Globe Hamburger List Mail Map Marker Map Microphone Minus PDF Play Print RSS Search Share Trash Crisiswatch Alerts and Trends Box - 1080/761 Copy Twitter Video Camera  copyview Youtube
Myanmar’s Peace Process: A Nationwide Ceasefire Remains Elusive
Myanmar’s Peace Process: A Nationwide Ceasefire Remains Elusive
Table of Contents
  1. Overview
Myanmar: Humanitarian Crisis and Armed Escalation
Myanmar: Humanitarian Crisis and Armed Escalation
Rebel soldiers of Myanmar National Democratic Alliance Army (MNDAA) gather at a military base in Kokang, Myanmar, on 11 March 2015. REUTERS
Briefing 146 / Asia

Myanmar’s Peace Process: A Nationwide Ceasefire Remains Elusive

A ceasefire between Myanmar’s government and armed groups is tantalising close. It would end 60 years of armed conflict and ease the path of democratic transition. But time is short before historic elections on 8 November, and any failure to seal an accord could trigger renewed clashes that would be hard to bring back under control.

  • Share
  • Save
  • Print
  • Download PDF Full Report

I. Overview

After more than six decades of internal armed conflict, the next four weeks could be decisive for Myanmar’s peace process. The process, which was launched in August 2011, enjoyed significant initial success, as bilateral ceasefires were agreed with more than a dozen ethnic armed groups. But signing a nationwide ceasefire and proceeding to the political dialogue phase has been much more difficult. Four years on, with campaigning for the November elections already underway, a deal remains elusive. It is unclear whether a breakthrough can be achieved before the elections. Outside pressure will not be productive, but the progress to date needs to be locked in, and public international commitments to support the integrity of the process and stand with the groups that sign can now be of critical importance.

A delegation of ethnic armed group leaders met with President Thein Sein in Naypyitaw on 9 September, in what was widely seen as a last-ditch effort to sign a ceasefire agreement before the elections. While both sides showed flexibility and avoided deadlock, no conclusive agreement was reached. Further discussions among armed group leaders and with government negotiators will be needed to determine which groups will sign and to fix a date for the ceremony, foreshadowed for early October.

Hopes had risen on 31 March 2015, when negotiators finalised and initialled a proposed agreement that had been approved at the highest levels of government. However, a summit of armed group leaders rejected it on 9 June, proposing several further amendments and establishing a new negotiating team. They also decided that no group would sign unless all did, including three currently fighting the military in the Kokang region, who, the government insists, must lay down their weapons or agree bilateral ceasefires first.

Despite this, both sides subsequently worked hard to revive the process, and two further rounds of talks were held in July and August. A slightly revised ceasefire agreement was finalised, leaving the issue of which armed groups could sign the text as the last significant point of contention. Some armed groups signalled their willingness to sign, while others stuck to their position that any signing must be inclusive. The meeting with the president was intended to forge a compromise to overcome this last hurdle. But despite long and detailed discussions, doubts persist about which groups will sign, and when. Key will be the Kachin Independence Organization, which is in a particularly difficult position; a bold decision and strong leadership will be required if it is to overcome its concerns.

What transpires in the peace process has important implications for the elections in ethnic areas. A nationwide ceasefire would boost trust between the armed groups and the government. The lack of a deal would make it significantly more challenging to arrange voting in conflict-affected areas and mean polling is likely to be cancelled in more places, increasing the risk of clashes or electoral security problems. In addition, persistent legal restrictions regarding the election commission and political parties’ engagement with armed groups make it much harder to create the conditions of trust and security needed for credible, peaceful elections in areas they control or influence.

Medium- and long-term consequences are potentially extensive. If no deal is reached in the coming weeks, it will be many months before the peace process can be reactivated, and it is unlikely the text can simply be dusted off and signed. Many of the obstacles will remain: a mutual trust deficit and ongoing fighting raising further doubts. There will be an inevitable change in interlocutors, since the new administration will likely appoint a new lead negotiator, a military reshuffle has seen senior officers involved in the process retiring, and there will undoubtedly be new legislative representatives. Progress at that point is unlikely to be quick or easy.

This is not a perfect or even strong ceasefire agreement: military issues such as force separation, demarcation and verification are vague, not included, or require further agreement to come into force. It nevertheless represents a major success given the complex situation. If signed, it could pave the way for a more comprehensive political settlement. If not, the risk is that an inevitable loss of momentum in the peace process could precipitate an upsurge in armed clashes and less effective means to de-escalate them. Fighting in Shan and Kachin states and pockets of Kayin state could intensify and spread, possibly setting the process back further. Rising Burman Buddhist nationalism and the demands of a majority Burman electorate could also make it difficult for the next government to offer as many concessions.

The peace process is home-grown, without any international mediators, and it should remain so – this has been one of its great strengths. But the international community has been providing advice, and now is a critical moment for it to take a public stand – not in terms of pressure on the armed groups to sign the agreement, but rather public assurances of continued political support, close scrutiny of the process and appropriate assistance to affected communities. As one of two formal observers to the process (together with China), the UN has a particularly important opportunity, and obligation, to act.

Otherwise, there is a real risk that the best chance in over 60 years for a negotiated political settlement could be lost. This would not mean a return to the widespread insurgency of decades past, which is politically, economically and militarily unsustainable for many groups. But it would mean deep grievances remain unaddressed, borderland insecurity and militarisation persist, and the state-building project remains incomplete. All sides must work to avoid such an outcome, which would be to the great detriment of the whole country and all its peoples.

Yangon/Brussels, 16 September 2015 

Commentary / Asia

Myanmar: Humanitarian Crisis and Armed Escalation

Ethnic armed conflict, the ongoing Rohingya crisis and thriving illegal business are preventing Myanmar from solving the country’s protracted conflicts. In this excerpt from our Watch List 2019 for European policymakers, Crisis Group urges the EU to sustain aid and diversify its peacebuilding initiatives.

The Rohingya crisis continues to take a heavy toll on the nearly one million Rohingya refugees in Bangladesh, Rohingya remaining in Myanmar, and Myanmar’s international reputation, and remains a significant barrier to peace. No durable solution is on the horizon for the refugees, most of whom are in crowded camps exposed to health and natural disaster risks. Muslims remaining in Rakhine State suffer increasingly entrenched conditions of apartheid, with limited access to essential services and livelihoods. The human catastrophe on both sides of the border represents a major threat to peace and security. The ethnic Rakhine are also on a collision course with Naypyitaw, particularly over the detention and potential high treason conviction of a key Rakhine leader. This has undermined the Rakhine population’s confidence in politics and is driving broad support for the Arakan Army insurgency, which has sharply escalated attacks and threatens to tip the state into prolonged armed conflict. Elsewhere, in the north east, armed conflict has eased due to the unexpected declaration by the military on 21 December of a unilateral ceasefire in Shan and Kachin States. However, clashes between ethnic armed groups continue, the peace process remains moribund, and insecurity is exacerbated by increasingly lucrative opportunities for armed groups in drug production, human trafficking, and a range of other illicit activities.

The EU and its member states can help to address this complex set of challenges by:

  • Continuing to fund the humanitarian appeal for Rohingya camps in Bangladesh and stepping up development aid to host communities. This is the best way to give greater dignity to refugees and limit space for actors with other agendas, potentially including those promoting violence.
     
  • Providing humanitarian and development support that takes into account the differentiated needs of men, women, girls, and boys from all ethnic and religious groups in Rakhine State. Delivery of this support should avoid entrenching segregation or reinforcing apartheid policies, and should be sensitive to past human rights abuses some have suffered, including sexual and gender-based violence.
     
  • Remaining engaged with Myanmar while continuing to support international accountability measures. Disengagement and isolation will not bring positive change and will likely exacerbate the structural factors underlying Myanmar’s multiple crises.
     
  • Establishing sectoral exemptions if it decides to revoke Myanmar’s access to the Everything But Arms trade preferences scheme, which provides Least Developed Countries with tariff- and quota-free access to EU markets. Revoking the scheme in its entirety would harm hundreds of thousands of low-income garment industry workers, mostly young women who would lose their jobs, potentially further impoverishing their families and leaving these women at heightened risk of trafficking and exploitation.
     
  • Diversifying its support to peacebuilding initiatives aimed at ending Myanmar’s ethnic conflicts. This support should aim to protect civilians, assist conflict-affected communities and de-escalate rising levels of violence, including in Rakhine State.

Deadlock in the Peace Process and a New Escalation in Rakhine State

While international condemnation helped avert Bangladesh’s planned forcible repatriation of some Rohingya refugees back to Myanmar in November 2018, the risk remains that Dhaka could revive the process or force refugees to relocate to a remote island. Uncertainty about their future is feeding fear and desperation among the refugees, creating fertile ground for potential militancy. No long-term solution is in sight. Safe, dignified and voluntary repatriation is a distant prospect, third-country resettlement is extremely unlikely for all but a tiny proportion of refugees (and currently blocked even for small numbers), and the Bangladeshi government continues to resist local integration.

In Rakhine State, living conditions for the Rohingya that were already dire are worsening. Myanmar’s government is making no concerted effort to implement the recommendations of the Advisory Commission on Rakhine State – it has taken some steps on health, education and development, but made no progress on guaranteeing freedom of movement, citizenship and other fundamental rights. Nor has it made progress on holding accountable those responsible for crimes committed during the Myanmar army’s expulsion of the Rohingya following militant attacks in October 2016 and August 2017, which a UN report has said merits investigation for genocide. The government is moving forward tentatively with closing camps for displaced Muslims but without granting the freedom of movement necessary to access services and livelihood opportunities, thereby reinforcing a situation of apartheid and leaving the population indefinitely reliant on humanitarian assistance. Repression and poverty are fuelling a new wave of dangerous boat journeys from Rakhine State across the Bay of Bengal to Malaysia and Indonesia; desperation in the Bangladesh camps is prompting Rohingya refugees to attempt the same route.

At the same time, deadly coordinated attacks by the Arakan Army, an ethnic Rakhine insurgent group, on four police posts in northern Rakhine on 4 January – Myanmar’s Independence Day – will have a major impact in Rakhine State and the country as a whole. Beyond the immediate escalation in clashes this will bring, and the added complications for addressing the plight of the Rohingya, the attacks portend something significant and dangerous for the longer term: a shift in Rakhine popular sentiment away from politics toward armed insurgency as the means of addressing their grievances. This shift threatens to plunge the state into serious and sustained armed conflict for the first time in decades. The popular perception that politics has failed comes in part from the fact that, although a Rakhine political party won a large majority of elected seats in 2015, Naypyitaw imposed a minority National League for Democracy government; subsequently the top Rakhine political leader was arrested for high treason and remains on trial facing a possible death sentence.

Myanmar’s patchwork of local conflicts and grievances of ethnic minorities against the central state now have a dangerous accelerant through the illicit economy.

In the restive north of the country, even with the military’s unilateral ceasefire, State Counsellor Aung San Suu Kyi’s government will likely struggle to reinvigorate the moribund peace process for ending Myanmar’s multiple internal ethnic armed conflicts. This is due to a loss of trust on all sides, resistance from the military and government to meaningful concessions on minority rights and greater devolution of power, and the fact that political dynamics ahead of the 2020 elections further narrow the administration’s room for manoeuvre. Armed conflict in Shan State has eased as a result of the unilateral ceasefire, although clashes between competing Shan factions continue; this will enable the military to focus more attention and firepower on the escalating conflict in Rakhine State.

Myanmar’s patchwork of local conflicts and grievances of ethnic minorities against the central state now have a dangerous accelerant through the illicit economy. Revenues from illegal businesses (including drug production, gem and wildlife smuggling, gambling, money laundering and racketeering) now contribute to funding and sustaining the civil war. A toxic political economy based on organised crime and corruption fosters local resentment and enormous disincentives against ending conflicts.

Moving Beyond the Status Quo

The EU should take steps in three areas. First, it should re-evaluate its approach to the Rohingya crisis. More than six years on from the initial segregation of Muslim communities in Rakhine State, the government has shown no sign of reintegrating them – rather, it has opted for an ever more entrenched system of segregation. The EU and others providing humanitarian assistance in such a context are an important lifeline for these communities, but must ensure that they take a principled approach and keep the parameters of assistance under close review to ensure they are not inadvertently reinforcing the government’s discriminatory practices. For example, the Rohingya camps in central Rakhine are not classic internally displaced persons camps but, rather, internment camps, and policy approaches must start from a recognition of this. This dynamic presents a dilemma to which there is no easy answer: withdrawing humanitarian support from this population would negatively impact on vulnerable people; continuing support as camps transition to semi-permanent confinement sites could amount to complicity in longer-term ghettoisation. The only way forward for the EU and other humanitarian actors is to continuously assess their approach and the evolving context to ensure they are minimising harm.

The EU should avoid a blanket revocation of Myanmar’s access to the Everything But Arms trade preferences scheme.

The EU should continue its vital support to the camps in Bangladesh while also continuing to push for accountability for those responsible for violence against the Rohingya. Domestic processes such as the government-appointed Commission of Enquiry are not credible; this leaves international mechanisms such as the International Criminal Court, and the UN-established body charged with preparing case files for future criminal proceedings, as the most likely route through which perpetrators could be held to account.

Second, the EU should avoid a blanket revocation of Myanmar’s access to the Everything But Arms trade preferences scheme. Such a move would have a catastrophic impact on many workers, particularly girls in the garment industry, without doing anything to punish the perpetrators of crimes in Rakhine State and elsewhere, who should be the focus of the EU’s actions in this regard. Hurting vulnerable workers would damage the EU’s reputation in Myanmar and beyond, and hamper its ability to engage with the government and other actors for no positive gain.

Last, the EU has a leading role on Myanmar’s peace process, having been a key donor since its inception. While the EU should continue to support the stalled negotiations, it should also make a realistic assessment of prospects for success, particularly as the country heads to elections in 2020. Redirecting EU funds to local initiatives could have a greater impact than support to the formal process at national level. Recognising that no imminent end to the armed conflicts is in sight, funds should go toward de-escalation efforts, peacebuilding and protecting civilians. The EU should also extend support to the Anti-Corruption Commission and related initiatives. Such support could strengthen government efforts toward combating organised crime, including drug production and human trafficking, which are rampant in conflict-affected areas and help fuel those conflicts.