11-Point Common Position of Ethnic Resistance Organizations on Nationwide Ceasefire (Laiza Agreement)

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Country/entity: Myanmar
Region: Asia and Pacific
Agreement name: 11-Point Common Position of Ethnic Resistance Organizations on Nationwide Ceasefire (Laiza Agreement)
Date: 2 Nov 2013
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Myanmar Conflict (1948 - )
Internal conflict, mostly along ethno-political fault lines, has been a constant feature of Myanmar since its independence in 1948. The conflict has two distinct dynamics. First a struggle between an authoritarian government and a pro-democracy opposition which has the characteristics of authoritarian conflicts; and second a stuggle between the government and ethnic armed groups which has the characteristics of an identity conflict. The two oldest and strongest militias fighting the government are the Karen National Union (KNU), which has remained active since the late 1940s, and the Kachin Independence Organisation, which was formed in the early 1960s. In total, here are more than a dozen mostly ethnic-based guerrilla groups active throughout the country. Especially in the period of junta dictatorship that lasted until 2011 the government attempted to crush the rebellions, which led to numerous human rights violations. With the start of democratic reforms in the aftermath of the 2010 elections, peace negotiations have taken place and resulted in the signing of various agreements, although conflicts remain active.
Stage: Ceasefire/related
Conflict nature: Government/territory
Peace process: Myanmar ceasefires process with ethnic armed groups
Parties: Ethnic armed organizations:
U Twan Zaq, Gen. Sec. of Arakan National Council;
Khaing Thuka, Gen. Sec. of Arakan Liberation Party;
U Tun Mrat Naig, Commander-in-Chief, Arakan Army;
Pu Zin Cun, Secretary-General, Chin National Front;
Gen. Saw Mo Shay, Vice Chief of Staff, Democratic Karen Benevolent Army;
Koon Abel Tweed, Chairman, Karenni National Progressive;
Saw Mutu Say Po, Chairman, Karen National Union;
Col. Saw Kyaw Dah, Secretary, Foreign and Public Relations Department, KNU/KNLA Peace Council;
Kya Khunsa, Chairman, Lahu Democratic Union;
Hpon Da Shwin, Chief of Staff, Myanmar National Democratic Alliance Army;
Nai Han Tha, Gen. Sec., New Mon State Party;
Khun Myint Tun, Chairman, Pao National Liberation Organisation;
Col. Aik Hpone, Chairman, Palaung State Liberation Front;
Col. Sai Hla, Secretary-2, Shan State Restoration Council;
Sao Khunsai, Gen. Sec., Shan State Progressive Party;
Ta Maha, Vice Chairman, Wa National Organisation;
U Zaung Hkra, Chairman, Kachin Independence Organisation;
Lt. Gen. N-Ban La, Chairman, United Nationalities Federal Council;
Third parties: U Harn Yaunghway, Euro-Burma Office;
U Ywin Zaw Khaung, Peace-talk Creation Group (PCG);
U In Sharn Hsan Awng, Peace-talk Creation Group
Description: A set of principles for a ceasefire signed between armed groups, including basic principles, objectives, forming a political roadmap, aspects to be included in the National Ceasefire Accord, aspects related to implementation, CMBs, and items to be discussed.

Agreement document: MN_131102_11-point Laiza agreement.pdf (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: Groups→Racial/ethnic/national group→Substantive
Page 1, 1. Basic Principles  1.5 Protection of the basic rights of the ethnic nationalities;

Page 1-2, 3. Laying Down a Political Road Map Acceptable to Both Sides
3.4 Holding the union level conference, based on Panlong spirit and principles and signing Pyidaungsu Accord (Union Accord), relating to the ethnic nationalities;

Page 1-2, 3. Laying Down a Political Road Map Acceptable to Both Sides
... 3.5 Ratification of the Pyidaungsu Accord, relating to the ethnic Nationalities;

Page 1-2, 3. Laying Down a Political Road Map Acceptable to Both Sides
... 3.6 Implementing the terms of Pyidaungsu Accord, relating to the ethnic nationalities;
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: No specific mention.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): Page 3, 8. Programs for the period of dialogues and negotiations
8.7 Issues relating to border, territory, immigration, trade;
State configuration: Page 1, 1. Basic Principles
 1.3 Genuine federal system;

Page 1, 2. Aims & Objectives
... 2.5 From meaningful political dialogues to establishment of the Federal Union based on states of the ethnic nationalities;
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): No specific mention.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: [Third Parties] U Ywin Zaw Khaung, Peace-talk Creation Group (PCG);
U In Sharn Hsan Awng, Peace-talk Creation Group
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: Power sharing→Territorial power sharing→Federal or similar sub-divided government
Page 1, 1. Basic Principles  1.3 Genuine federal system;

Page 1, 2. Aims & Objectives
... 2.5 From meaningful political dialogues to establishment of the Federal Union based on states of the ethnic nationalities;
Economic power sharing: Power sharing→Economic power sharing→Sharing of resources
Page 2, 8. Programs for the period of dialogues and negotiations
... 8.2 Division/Sharing of economic powers and implementation
Military power sharing: Power sharing→Military power sharing→Proportionality
Page 1, 1. Basic Principles  1.4 Formation of Union Armed Forces;

Human rights and equality

Human rights/RoL general: Page 1, 1. Basic Principles  
... 1.7 All-inclusiveness;
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: Human rights and equality→Civil and political rights→Equality
Page 1, 1. Basic Principles
 ... 1.6 Equality;
Human rights and equality→Civil and political rights→Freedom of movement
Page 2, 6. Matters that shall be performed, with regard to trust building
... 6.2 Permission for freedom of movement;
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: No specific mention.
Protection measures: Rights related issues→Protection measures→Protection of groups
Page 1, 1. Basic Principles  1.5 Protection of the basic rights of the ethnic nationalities;
Other: No specific mention.

Rights institutions

NHRI: Rights institutions→NHRI→New or fundamentally revised NHRI
Page 2, 5. Implementation
... 5.3 Forming an independent human rights watch committee;
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: Justice sector reform→Criminal justice and emergency law→Reform to specific laws
Page 2, 8. Programs for the period of dialogues and negotiations
... 8.3 Issues relating to amendment of laws;
State of emergency provisions: No specific mention.
Judiciary and courts: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
Page 3, 8. Programs for the period of dialogues and negotiations
... 8.8 Issues relating to mega economic projects;
National economic plan: No specific mention.
Natural resources: Page 2, 8. Programs for the period of dialogues and negotiations
... 8.6 Issues relating to management of natural resources;
International funds: No specific mention.
Business: Page 3, 8. Programs for the period of dialogues and negotiations
8.7 Issues relating to border, territory, immigration, trade;
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: Land, property and environment→Land reform/rights→Other land rights
Page 2, 8. Programs for the period of dialogues and negotiations
... 8.5 Issues relating to land reform;
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: Land, property and environment→Cultural heritage→Other
Page 2, 8. Programs for the period of dialogues and negotiations
... 8.4 Issues relating to culture and environment;
Environment: Page 2, 8. Programs for the period of dialogues and negotiations
... 8.4 Issues relating to culture and environment;
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: No specific mention.
Ceasefire: Security sector→Ceasefire→Ceasefire provision
Page 1, 2. Aims & Objectives
... 2.2 Cessation of confrontational attacks and hostilities;
2.3 Respect for and observation of ceasefire rules agreed to by all;
Security sector→Ceasefire→General commitments
Page 1, 3. Laying Down a Political Road Map Acceptable to Both Sides
... 3.2 Signing nationwide ceasefire accord;

Page 2, 4. Main Terms that shall be Included in Nationwide Ceasefire Accord
4.1 Issues relating to armed forces;
 4.2 Issues relating to liaison offices;
 4.3 Promise to hold political dialogues;
 4.4 Drawing up framework for political dialogue and adoption of it;
4.5 Protection of civilians; 4.6 Agreeing to military code of conduct;
Police: No specific mention.
Armed forces: Page 2, 4. Main Terms that shall be Included in Nationwide Ceasefire Accord
4.1 Issues relating to armed forces;
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 1, 2. Aims & Objectives
... 2.4 Reaffirming and sustaining the agreement and promises between the government and the ethnic armed organizations, and for starting political dialogues heading to durable and just peace;
Withdrawal of foreign forces: No specific mention.
Corruption: Page 1, 1. Basic Principles  
... 1.10 Transparency and responsibility;
Crime/organised crime: No specific mention.
Drugs: Page 3, 8. Programs for the period of dialogues and negotiations
... 8.9 Issues relating to narcotic drugs eradication;
Terrorism: No specific mention.

Transitional justice

Transitional justice general: Page 1, 3. Laying Down a Political Road Map Acceptable to Both Sides
3.1 Achieving agreement on all-inclusive “Framework for National Political Dialogue”;
Amnesty/pardon: Transitional justice→Amnesty/pardon→Amnesty/pardon proper
Page 2, 7. Issues relating to waiver from legal actions under the Illegal Association Acts
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: Page 2, 5. Implementation
5.1 Implementing, in practice, the joint monitoring system; 
5.2 Forming a joint committee, which will continue to implement the convening of political dialogues/forums; 
5.3 Forming an independent human rights watch committee;
5.4 Implementation in accordance with a time line;
Related cases: No specific mention.
Source: Burma Library; http://www.burmalibrary.org/docs16/BCES-BP-19-Laiza-en-red.pdf

11-Point Common Position of Ethnic Resistance Organizations on Nationwide Ceasefire

November 2, 2013

Foreword

Basic Principles

Pledge for Peace;

Recognition of Panlong Agreement;

Genuine federal system;

Formation of Union Armed Forces;

Protection of the basic rights of the ethnic nationalities;

Equality;

All-inclusiveness;

Achieving agreement;

Cooperation;

Transparency and responsibility;

Aims & Objectives

Building mutual trust;

Cessation of confrontational attacks and hostilities;

Respect for and observation of ceasefire rules agreed to by all;

Reaffirming and sustaining the agreement and promises between the government and the ethnic armed organizations, and for starting political dialogues heading to durable and just peace;

From meaningful political dialogues to establishment of the Federal Union based on states of the ethnic nationalities;

Laying Down a Political Road Map Acceptable to Both Sides

Achieving agreement on all-inclusive “Framework for National Political Dialogue”;

Signing nationwide ceasefire accord;

Holding national level political dialogues;

Holding the union level conference, based on Panlong spirit and

principles and signing Pyidaungsu Accord (Union Accord), relating to the ethnic nationalities;

Ratification of the Pyidaungsu Accord, relating to the ethnic Nationalities;

Implementing the terms of Pyidaungsu Accord, relating to the ethnic nationalities;

Main Terms that shall be Included in Nationwide Ceasefire Accord

Issues relating to armed forces;

Issues relating to liaison offices;

Promise to hold political dialogues;

Drawing up framework for political dialogue and adoption of it;

Protection of civilians;

Agreeing to military code of conduct;

Implementation

Implementing, in practice, the joint monitoring system;

Forming a joint committee, which will continue to implement the convening of political dialogues/forums;

Forming an independent human rights watch committee;

Implementation in accordance with a time line;

Matters that shall be performed, with regard to trust building

Performance shall be based on sincere endeavor;

Permission for freedom of movement;

Issues relating to waiver from legal actions under the Illegal Association Acts

Programs for the period of dialogues and negotiations

Division/Sharing of administrative powers and implementation;

Division/Sharing of economic powers and implementation

Issues relating to amendment of laws;

Issues relating to culture and environment;

Issues relating to land reform;

Issues relating to management of natural resources;

Issues relating to border, territory, immigration, trade;

Issues relating to mega economic projects;

Issues relating to narcotic drugs eradication;

Signing

Ratification

Miscellaneous

We, the undersigned organizations, pledge to implement, unanimously and collectively, the “Common Agreement” reached.

The Signatories

1. Khaing Thuka 2.

U Twan Zaw

Gen. Secretary Gen. Secretary

Arakan Liberation Party Arakan National Council

3. U Tun Mrat Naing 4.

Pu Zin Cun

Commander-in-Chief Secretary-General

Arakan Army Chin National Front

5. Gen. Saw Mo Shay 6.

Koon Abel Tweed

Vice Chief of Staff Chairman

Democratic Karen Benevolent Army Karenni National Progressive

7. Saw Mutu Say Po 8.

Col.

Saw Kyaw Dah Chairman Secretary

Karen National Union Foreign & Public Relations Department KNU/KNLA Peace Council

9. Kya Khunsa 10.

Hpon Da Shwin

Chairman Chief of Staff

Lahu Democratic Union Myanmar National Democratic Alliance Army

11. Nai Han Tha 12.

Khun Myint Tun

Gen. Secretary Chairman

New Mon State Party Pao National Liberation Organization

13. Col.

Aik Hpone 14.

Col.

Sai Hla

Chairman Secretary-2

Palaung State Liberation Front Shan State Restoration Council

15. Sao Khunsai 15.

Ta Maha

Gen. Secretary Vice Chairman

Shan State Progress Party Wa National Organization

17. U Zaung Hkra 18.

Lt.

Gen. N-Ban La

Chairman Chairman

Kachin Independence Organization United Nationalities Federal Council

Persons signing as Witnesses

1. U Harn Yaunghway 2.

U Ywin Zaw Khaung

Euro-Burma Office Peace-talk Creation Group-PCG

3. U In Sharn Hsan Awng Peace-talk Creation Group