About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

1 1 (September 8, 2016)

handle is hein.crs/govcdvs0001 and id is 1 raw text is: 





FF.     '                   riE S- - $rh , . ,


            p\w -- , gnom go
   mppm qq\
                  , q
                  I
   aS
   11LIANJILiN,

Updated September 8, 2016


U.S. Relations with Burma: Key Issues for 2016


Aung San Suu Kyi's National League for Democracy
(NLD) secured a landslide victory in Burma's nationwide
parliamentary elections held on November 8, 2015 (see
CRS Report R44436, Burma's 2015 Parliamentary
Elections: Issues for Congress, by Michael F. Martin). The
newly elected Union Parliament took office in early
February 2016, and in March chose Htin Kyaw, a close
friend of Aung San Suu Kyi, as President. In early April,
the Union Parliament established the new office of State
Counsellor, and confirmed the appointment of Aung San
Suu Kyi to that office. She also was confirmed as Foreign
Minister.

A key issue in Burma's future will be the emerging
relationship between the NLD-led government and the
Burmese military (Tatmadaw). Burma's 2008 constitution
ensures that the Tatmadaw will continue to be a major force
in the new government. The Tatmadaw occupies 25% of the
seats in both chambers of the Union Parliament, giving it
the ability to block constitutional amendments (which
require at least a 75% majority to pass). The Tatmadaw also
appoints military officers as key Ministers (Border Affairs,
Defence, and Home Affairs) and maintains near complete
autonomy from civilian control or oversight.

P o @ti ca,,, Tra ns t  -
Burma's formal transition to a new NLD-led government
took several months. The two chambers of the newly
elected Union Parliament, the Pyithu Hluttaw (House of
Representatives) and the Amyotha Hluttaw (House of
Nationalities), took office on February 1 and 3, 2016,
respectively. On March 15, the Union Parliament chose
Htin Kyaw-close friend to Aung San Suu Kyi, long-term
NLD member, and ex-political prisoner as President. Htin
Kyaw defeated retired Lieutenant General Myint Swe and
Henry Na Thio, who were subsequently appointed as Vice
Presidents (see CRS Insight IN10464, Burma's Union
Parliament Selects New President, by Michael F. Martin).

President Htin Kyaw soon announced candidates for his
Cabinet, including Aung San Suu Kyi as Education
Minister, Energy and Electric Power Minister, Foreign
Minister, and President's Office Minister. The Union
Parliament, however, approved the new position of State
Counsellor on April 5, and Aung San Suu Kyi was
appointed to the position. She subsequently stepped down
as Education Minister and Energy and Electric Power
Minister.


Burma has endured a low-intensity civil war since 1948, the
result of a perceived failure, according to many of Burma's
ethnic minorities, of Burma's central government to abide
by the terms of the Panglong Agreement (negotiated
between General Aung San, Aung San Suu Kyi's father,


and the leaders of several of Burma's larger ethnic
minorities) which effectively granted Burma's seven ethnic
States a high degree of autonomy. For nearly 70 years, the
Burmese government and various ethnic armed
organizations (EAOs) have vacillated between periods of
active fighting and times of relative peace under negotiated
ceasefire agreements.

During his term in office, ex-President Them Sein
attempted to negotiate a nationwide ceasefire agreement
with most of the EAOs. Those efforts were partially
successful, when, on October 15, 2015, 8 of 21 EAOs
signed an agreement with the Them Sein government and
the Tatmadaw (see CRS Insight IN10374, Less-than-
Nationwide Ceasefire Agreement Signed in Burma, by
Michael F. Martin). Following the signing of the
agreement, ex-President Thein Sein's efforts to advance the
peace process in accordance with the terms of the ceasefire
agreement were largely unsuccessful, as most of the major
EAOs and representatives of civil society refused to
participate in the negotiations.

Over 1,400 representatives of ethnic political parties,
EAOs, the government in Naypyitaw and its military
(Tatmadaw), and other concerned parties attended a peace
conference convened by Aung San Suu Kyi in Naypyitaw,
Burma on August 31 September 3, 2016. Progress at the
conference appeared to be hampered by the Tatmadaw's
objection to inviting three EAOs to the conference, and two
other ethnic organizations downgrading their participation.
In addition, differences over protocol matters during the
conference were perceived by some EAO representatives as
deliberate disrespect on the part of the organizers.
Statements presented by Commander-in-Chief Senior
General Min Aung Hlaing and representatives of several
EAOs, moreover, indicated a serious gap in their visions of
a democratic federated state of Burma and the path to
achieving that goal.

The NLD-led government faces many of the same
challenges in the peace negotiations that the Them Sein
government faced, including:
* Disagreement over the proper distribution of power
   between the central government and the seven ethnic
   States; and
* The Tatmadaw's opposition to the participation of
   several of the EAOs in the negotiations, and the
   insistence of several of the larger EAOs that all EAOs
   be included in the negotiations.
Progress is also being hindered by the continuing fighting
between the Tatmadaw and ethnic militias in the States of
Kachin, Rakhine, and Shan. Most of these ethnic militias
are associated with ethnic organizations that did not sign
the October 2015 ceasefire agreement, including some that
the Tatmadaw refused to allow to participate in the

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most