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A heated debate over whether or not to at some point punish civil servants working for the army regime has engulfed the Civil Disobedience Motion, elevating necessary questions on justice and reconciliation.
By FRONTIER
The Nationwide Unity Consultative Council, a physique for coordinating resistance coverage, launched a paper in January that advocated promotions and monetary reimbursement to state staff who joined the mass strike often called the Civil Disobedience Motion.
In a rustic the place strike contributors are repeatedly extolled as heroes, these insurance policies are unlikely to face a lot resistance. Extra controversial, nonetheless, are further provisions on the best way to cope with those that haven’t joined the CDM, if the rebellion is profitable.
“For these of us who joined the CDM, our struggling and sacrifices have been a lot higher than the non-CDM civil servants,” mentioned Dr Htet Myat*, a health care provider who stop his authorities job shortly after the coup and now treats these displaced by battle in his native Kayah State.
Like Htet Myat, many rank-and-file CDM contributors have referred to as for his or her non-CDM counterparts to face punishment, whereas some extra distinguished activists and politicians have urged warning. It’s a disagreement that raises necessary questions on accountability and reconciliation in a future post-conflict Myanmar.
However quite than derailing the resistance, these competing views have been aired and moderated in a remarkably pluralistic trend within the midst of a civil struggle by the NUCC – a broad platform that features elected lawmakers, ethnic armed organisations and a variety of civil society organisations and protest teams.
The NUCC’s Joint Coordination Committee for the CDM, which steered the discussions, launched the ensuing coverage paper for public suggestions on January 20.
But, regardless of the months of consultations and the endorsement of a number of distinguished activist and strike teams, some nonetheless object to the insurance policies they usually stay a supply of disagreement inside the resistance motion.
The doc clarifies the CDM’s targets and the standards for collaborating within the strike, and likewise commits to “honouring” CDM contributors, remedying their losses and searching for “fact and justice”. However probably the most contentious a part of the doc is a piece on motion to be taken in opposition to non-CDM civil servants.
The coverage paper says anybody who joined the strike after April 2021, or has since returned to work, shall be thought of non-CDM and face a variety of punishments relying on their civil service rank. These at deputy director stage and above shall be dismissed and blacklisted for state jobs, whereas assistant administrators and decrease ranked workers shall be sacked however have the choice of making use of for readmission to the civil service in entry-level jobs.
Non-CDM workers may also face non permanent international journey bans, in an echo of the junta’s measures in opposition to CDM contributors, and any awards or different advantages bestowed by the junta shall be revoked or recalled. The outcomes of exams sat below junta rule may also be voided, and those that skipped exams to oppose army rule will obtain a treatment, though the character of those exams and the proposed treatment aren’t specified.
The coverage paper additionally says non-CDM civil servants will face unspecified authorized punishments for firing and threatening putting workers and disregarding the bulletins of the parallel Nationwide Unity Authorities, amongst different offences.
Nevertheless, the doc features a very broad caveat, pledging to forgive anyone who failed to affix CDM for “a legitimate purpose”, as decided by an investigative course of. One other provision says non-CDM workers who can present “agency proof” that they had assisted the revolutionary motion or helped members of the CDM can proceed of their roles.
Many CDM members contemplate the penalties outlined within the doc as essential to proper the wrongs they’ve suffered.
“I consider that there’s justice on this CDM coverage regulation for the trauma, threats and bullying that we’ve been by way of, and for our fallen comrades and people in jail,” mentioned Daw Thuzar Htay* a CDM instructor in Sagaing Area, which has seen the worst of the violence throughout the post-coup civil struggle.
However U Aung Moe Zaw, a long-time activist and chairman of the Democratic Get together for a New Society, disagreed. “It doesn’t make sense that civil servants must be prosecuted for not being a part of the CDM,” he mentioned.
Aung Moe Zaw warned that the proposed punishments may wind up “pushing your personal individuals in the direction of the enemy”.
“The general public is split in two over this coverage and the best way to take motion in opposition to the non-CDM staff. The NUG wants to pay attention to this,” mentioned democracy activist Daw Theinni Oo, including that the NUG should hearken to all voices, together with these not collaborating within the strike.
How the coverage was made
Dr Sitt Minn Naing, head of the CDM Medical Community and a member of the JCC, defined to Frontier that the session course of started in September 2021, when a committee began distributing questionnaires to CDM teams throughout authorities sectors. Placing workers from the bottom grades upwards have been requested for his or her views on applicable rewards and punishments for CDM and non-CDM individuals respectively, and proposals have been voted on utilizing Google varieties.
Within the well being sector, the CDM Medical Community distributed varieties to representatives of sub-groups throughout the nation and held workshops, he mentioned. The CDM Medical Community is a very highly effective bloc, estimating that greater than 46,500 of the well being ministry’s 110,000 workers are on strike.
“We mentioned the coverage concepts that they got here up with for 3 hours a day for 9 days,” Sitt Minn Naing mentioned, declining to expose particulars on what was mentioned or the outcomes of the votes.
The outcomes of the varied consultations have been submitted by the tip of 2021 to the CDM committee, whose members began formulating coverage proposals with authorized recommendation from the NUG’s Ministry of Justice.
The ensuing draft coverage doc was then submitted to the NUCC, which shaped the JCC in April final 12 months to debate it amongst CDM members. The JCC met weekly to revise the coverage doc for 4 months, though the ultimate doc solely emerged for public assessment in January this 12 months.
Sitt Minn Naing admitted there had been “some very controversial points” that took time to debate, however he insisted the JCC “welcomed all solutions”.
Now that the coverage paper is public, these solutions proceed to pour in.
Public Authorized Support Community, which focuses on rule of regulation, mentioned no person must be punished with out due course of. It argued there are various comprehensible the explanation why some civil servants didn’t be part of the motion, together with out of concern.
The Basic Strike Committee and All Burma Federation of Pupil Unions additionally opposed the coverage, with the ABFSU saying present CDM workers must be supported whereas “the door must be left huge open” for different civil servants to affix at any time.
Others are involved that codifying the CDM in coverage undermines the natural nature of what started as an enormous grassroots labour strike. Ko Ye Htet, a member of activist group Freedom Fighter Myanmar, mentioned throughout a public debate on January 29 that the CDM shouldn’t come below the management of anybody political group – even the NUG.
“The body may turn into too slender,” he mentioned.
The spine of the resistance
Estimates differ as to what number of civil servants joined the CDM and stay on strike right this moment, starting from some 200,000 to 410,000.
Of the 21 civil servants interviewed by Frontier from the well being, schooling and transport sectors, 19 mentioned there must be some type of punishment taken in opposition to non-CDM workers.
One CDM instructor informed Frontier she was the one member of her native board of schooling, which incorporates over 90 different lecturers, that voted in opposition to punishing non-CDM contributors.
“The CDM coverage paper is truthful,” mentioned one other putting instructor, who belongs to distinguished union the Myanmar Lecturers’ Federation.
It’s maybe unsurprising that many grassroots CDM members, who’ve shaped the spine of Myanmar’s resistance motion, want to see their counterparts held accountable for abetting the regime.
Within the weeks after the coup, CDM contributors risked arrest, torture and even demise to hobble the brand new army junta. And when newly shaped armed resistance teams chased the junta out of villages throughout the nation, CDM lecturers and healthcare staff plugged the general public service gaps, whilst non-CDM staff helped prop up the regime elsewhere.
Dr Soe Thura Zaw, a former authorities dentist who gained fame as a whistleblower in 2019, gave voice to the frustration of many in a fierce Fb publish, saying non-CDM staff are “pillars of the terrorist army council” who “should face applicable motion in keeping with the severity of the crimes they’ve dedicated”.
However whereas some non-striking civil servants could also be army supporters or unscrupulous opportunists, others really feel they’re caught in an not possible place, both on account of financial circumstances or threats from the regime.
“Army coercion compelled me to return from CDM. However I donate cash for the revolution and assist the CDM workers as a lot as I can,” mentioned a Yangon-based instructor. He informed Frontier that his ward administrator threatened him with imprisonment and having his home seized if he didn’t return to work.
Htet Myat, the physician in Kayah, mentioned he’s involved not sufficient sympathy is being prolonged to individuals in peril or dire financial straits, however nonetheless desires to see some type of punishment.
“I want to see an easing of the punishments for such individuals, though we settle for that there must be some punitive motion,” he mentioned.
Dr Win Ko Ko Thein, a former deputy director within the well being ministry who joined the CDM after the coup, was blunter in his criticism of the coverage.
“Taking motion in opposition to non-CDM staff shouldn’t be lifelike and evidently they may do that with malice,” he wrote on Fb.
There are additionally completely different issues in several states and areas. The highly effective Arakan Military, which seeks political autonomy or independence for Rakhine State, has labored to co-opt the junta’s administration quite than utterly tearing it down and changing it.
A healthcare employee in Rakhine mentioned only a few civil servants there are on strike. A future coverage to punish civil servants may subsequently wind up disproportionately affecting members of an already marginalised ethnic minority group.
“We have to assist our ethnic individuals,” the healthcare employee mentioned.
Ms Mandira Sharma, Myanmar senior authorized skilled for the Worldwide Fee of Jurists, informed Frontier accountability and reconciliation shouldn’t be seen as being in battle with one another.
“It is very important observe that reconciliation can’t be achieved with out fact, justice, reparations and accountability,” she mentioned.
Sharma mentioned civil servants instantly answerable for or complicit in “severe crimes below worldwide regulation” must be punished, together with for “extrajudicial killings, torture, together with rape and sexual violence, enforced disappearances”.
Nevertheless, she mentioned civil servants shouldn’t be punished only for selecting to not protest or be part of the CDM.
“Everybody has the liberty to decide on whether or not or to not be part of the protests. Nobody may very well be punished just by not becoming a member of the CDM similar to we argue the junta can not punish those that get pleasure from their freedom to protest peacefully, together with by becoming a member of the CDM,” she mentioned.
As an alternative, she suggested reforming establishments.
“With out their reform, public belief in these establishments can’t be rebuilt into a brand new democracy working below the rule of regulation,” she mentioned, including that eradicating some people from public service may very well be a part of that reform.
What occurs subsequent?
A NUCC assertion printed on the identical day because the coverage paper mentioned the “obligatory regulation, bylaw and procedures will proceed to be drafted”, with out stating a timeline or what the following steps shall be.
Sitt Minn Naing mentioned the coverage paper had been despatched to the Committee Representing Pyidaungsu Hluttaw, a legislative physique, to codify into regulation however he was unable to offer additional particulars concerning the course of. The NUG’s press workforce referred Frontier to JDC member U Naung Cho for extra info however he didn’t reply.
At a gathering of the NUG’s CDM Success Committee on February 26, NUG Prime Minister Mann Win Khaing Than referenced the proposed insurance policies and mentioned “the committee should proceed to work on them”. Nevertheless, this committee’s function in creating the insurance policies is unclear.
On the assembly, Mann Win Khaing Than seemingly acknowledged the troublesome place the NUG is in, whereas avoiding taking a definitive stance.
“It’s crucial to think about the needs of CDMers within the implementation of insurance policies, however however, our authorities should observe the values of guaranteeing human rights,” he mentioned.
Theinni Oo mentioned one drawback is that CDM contributors might really feel compelled to return to work as a result of, after two years, many are nonetheless not receiving monetary help.
“The NUG mentioned it’s systematically offering support to CDM workers, however in follow there are quite a lot of CDM civil servants who haven’t obtained any help but,” she informed Frontier.
Mann Win Khaing Than mentioned throughout the assembly that the NUG is doing its greatest to help CDM contributors however acknowledged there are “certain to be limitations”.
The coverage paper promised that within the “post-revolutionary interval” those that joined CDM can be promoted one grade above their pre-coup posts and reimbursed absolutely in lump sums for misplaced revenue.
CDM contributors cautiously welcomed the information however mentioned they didn’t fairly consider it. In any occasion, they need to make ends meet till the revolution succeeds.
“It’s good that the NUG plans to do this, however I received’t depend my chickens simply but,” mentioned U Nyein Maung*. He stop his state job at Myanma Railways practically two years in the past, solely lately discovering a brand new place as a safety guard to help his struggling household.
Ko Phyo Thu*, a CDM schooling division employee, mentioned he understands the revolution wants types of ethical encouragement, but additionally mentioned officers shouldn’t increase false hopes.
“Possibly the NUG will ship, however reimbursing absolutely in lump sums is completely not possible,” he mentioned.
*denotes using pseudonym for security causes
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