26 May 2021
Legal Aid Network (LAN) has issued a statement that the calling of the eight NCA-signatory ethnic armed organizations for international assistance to solve Myanmar crisis was against the Rule of Law principle.
LAN stated that the eight out of ten NCA-signatory ethnic armed organizations such as Restoration Council of Shan State (RCSS), New Mon State Party (NMSP), Pa-O National Liberation Organization (PNLO), Democratic Karen Buddhist Army (DKBA), All Burma Students’ Democratic Front (ABSDF), Arakan Liberation Party (ALP), KNU/KNLA-PC and Lahu Democratic Union (LDU) signed on May 11 and requested to certain international communities to take the role of mediator with respect to Myanmar crisis.
Then LAN pointed out that asking to hold political dialogue with Military Council based on NCA was totally wrong and such political dialogue seemed to pave the way for the exemption of the Military Council’s cruel violence.
“NCA Agreement cannot bring the Rule of Law, Justice and the assurance for Human Rights. Rule of Law cannot be implemented through negotiation and such negotiation is against the Rule of Law Principle because it can pave the way of exemption for wrongdoers,” LAN stated.
Moreover, this coup has already violated the provisions of the 2008 Constitution as well as the provisions contained in the NCA agreement. Again, NCA can be said of having no legitimacy according to the principles of Public International Law and upon the comparison with other states’ experiences.
LAN added from Rule of Law viewpoint that the allowance of Military Council as a discussion partner has implied that the brutal military leaders may be exempted from their committed crimes throughout the civil war and to this day and such allowance can possibly encourage to commit the same crimes.
Choosing the negotiation method by NCA-signatories (whilst the whole people is fighting to overthrow the military dictator) seems as if the Rule of Law has been ignored and this choice can also damage their reputation and LAN then condemned upon their choice.
Furthermore, LAN has left its advice for National Unity Government (NUG) and Committee Representing Pyidaungsu Hluttaw (CRPH) to announce the cancellation of NCA Agreement officially, and to notify the decisive, clear policy when NCA-EAOs have been offered to be the members of the NUG government.
LAN then suggested the NCA members to declare officially their resignation from the Agreement, to proclaim the Federal Constitution (Second Draft) of FCDCC as a temporary one, to draw the interim Constitution based on such second draft, and to fight together for the ultimate culmination of military dictatorship.
Though the organizations’ names of Karen National Union (KNU) and Chin National Front (CNF) were included on such letter of international assistance, there was no signatures of the responsible persons of such two organizations.
Sent by
KIC