Politics in the Shan State: The Question of Secession from the Union of Burma Author(s): Josef Silverstein Reviewed

work(s): Source: The Journal of Asian Studies, Vol. 18, No. 1 (Nov., 1958), pp. 43-57 Published by: Association for Asian Studies Stable URL: http://www.jstor.org/stable/2941285 . Accessed: 03/10/2012 11:18
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Politics theShanState in
The Question Secession of from UnionofBurma the
JOSEF SILVERSTEIN

HE fourth January was significant Burma tworeasons; marked of in for it I958 thetenth anniversary thenation's of independence it also denoted end and the of theconstitutional limitation theright a stateto secedefrom Union.' on of the Whiletheanniversary independence of causedrejoicing the throughout country, the right secession of causedmany theleaders worry wonder of to and whether not or thisdatewouldbecome significant thebeginning thebreakup theUnion. as of of Sincetheright secession a uniqueright, found anyother of is not federal in modern constitution that theU.S.S.R.,2 is useful examine background the save of it to the and contemporary situation order seewhat in to opportunities arefor state secede there a to from Unionof Burma, whatlimitations to keepit from the and exist its exercising right. In spite thebroadlanguage theConstitution, twostates-the of of only Shan and Kayah3-areeligible secede. to Two others-the Kachinand Karen4-areexplicitly deniedtheright, whiletheremaining states-the two SpecialChin Division5 and Burma proper-are usually considered outside thediscussion of is because former the in many waystheappendage thelatter Burmaproper thenucleus of and is around which theothers all cluster. Even though wholechapter theConstitutiondea in is voted describing conditions to the which must fulfilled be before state withdraw a can from Union, effect, is applicable the in it onlyto oneof theeligible states-the Shan State. alonecontains powerful articulate It a and minority which seriously is considof ering question secession. the Before constitutional political the and questions connected theright seceswith of sioncanbe discussed, examination therelevant an of factors geography, of population, andhistory theShanState contribute of will toward understandingtheproblem. an of
The authoris an Instructor Government WesleyanUniversity in at and a contributor a forthcoming to book on the Governments Politicsof SoutheastAsia under the editorship George McT. Kahin. and of 1 This article is an enlarged version of a paper which was read on April 3, I958, at the annual meetingof the Associationfor Asian Studies in New York City. 2 Constitution (Fundamental Law) of the Union of Soviet Socialist Republics as amended and added to at te Fifth Session of the Supreme Soviet of the U.S.S.R., Fourth Convocation; Art. 17, "The right freelyto secede fromthe U.S.S.R. is reservedto everyUnion Republic." 3 The Kayah State originallywas named the Karenni State at the inceptionof the Union of Burma in 1948. Its name was changed in 195I in the ConstitutionAmendmentAct, I95I [Act No. LXIII, Section 8. 4 In the original Constitution, the Karen State was provided for. (Ch. IX, Part III.) Under the AmendmentAct LXII, I95I, which broughtthe Karen State into being, the provisionin regard to the territory amended. Power was finallytransferred the Karen State on June i, 1954. was to 5 The Special Division of the Chins is different from the other states of the Union in that there is no Head of State; the Council has no legislative powers and the Minister for Chin Affairs in charge of is Chin General Administration. (See Ch. IX, Part V of the Constitution.)

43

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JOSEFSILVERSTEIN

The ShanState inthecentral-eastern oftheUnionofBurma. isbounded lies half It on thewest thestates Kachin, by of Burma proper, Kayah;on theeastitsborders and touchChina,Laos, and Thailand.Although there somemountain are passesand trails the connecting three neighbor nations withtheShan State, area between the them rough is and wild and onlylimited trade and travel takesplace.At thesame the time, links between ShanState the and Burma proper good,having are developed through centuries trade, of cultural exchange, political and association. An examination thepopulation theShanState of in reveals theareais neither that overcrowded is itcomposed an homogeneous nor of people. The total estimated population i956 was I,982,000.6 In addition theShans,who are themostnumerous in to withan estimated population 99i,ooo,there thePa-Os or Toungthus, are of are who related distantly theKarens. to Theyarebelieved havea population 224,000. The to of remaining 700,000are a combination Kachins, of Burmese, Chinese, Indians, and a hostof semiprimitive people, hill including amongthem head-hunting In the Was. reality a small only percentage theShans, of Pa-Os,Burmese, Kachins politiand are awareofand participate thepolitics their cally in of state. of The history thepeoples theShanStateprovides number insights in a of which bearuponthepresent problem. Although historians the knowvery little aboutthe of more primitive peoples thearea, havelearned,great a deal abouttheShansor they Tais from ancient the chronicles histories theBurmans, and of Shans,and Chinese.7 Among other these records confirm theShanslivedin theareafrom that as things, as early thebeginning theChristian thatan important of era; Shan kingdom called theMao existed there the during seventh that century; the Shansmovedintothe lightly populated area of northern Burmaand the present Shan State,and either gained over ascendancy themore backward peoples withwhomthey cameintoconor drove them intotheremote nearly tact, elsethey and of inaccessible regions the Modern historians agreed territory. are thatlarge-scale Shan immigration this into the areatookplaceduring thirteenth and withtheMongolattack century coincided of upontheTai kingdom Nanchao(in modern Yunnan) in AD. I253.8 Whenthe Burman first most and famous its at empire-with center Pagan-crumbled fell and in the before onslaught theMongols I287, theShansattempted fillthepower of to after which vacuum and developed theMongols twocenturies withdrew, forthenext whichcontested powerthroughout wereone of therivalgroups for they Burma. to Theirfailure realizethatend can be tracedin partto their to inability unify under single a monarch authority power with which thepetty themselves and all Shan wouldrecognize. i604-05 theBurmans recovered vigor chiefs their By the and,under of the leadership a newlineof aggressive kings, conquered quarreling Shans.From dateuntil wereallowed ruletheir to areasas feudatories that I885, theShanchiefs of
6 Theseestimates of weremadeby theSecretary theShan StateMinistry, Saw Tha, during perU a on with sonalinterview thewriter AprilI0, 1956. of 7 One ofthebest of is histories thepeoples theShanState J.C. Scott J.P. Hardiman, and Gazetteer and theShanStates(Rangoon, Burma of Upper I900), I, i, I87-330; a useful short summary early of the and between Shansand theBurmans ShanStatehistory therelations in maybe found The Froniier AreasCommittee Enquiry, of (Rangoon, 1947) [hereafter FACOE]. Z947, , Report SD.G.E. Hall, Burma(London,I950), pp. 28-33; G. Harvey, History Burma(London,1925), of
pp. 13-15, 71-127.

THE SHAN STATE

45

theBurmans; after thatdatethey transferred allegiance thenew rulers their to of Burma-the British. The early relations between chiefs theBritish the and were governed thepatents by or sanadswhich latter the gaveto theformer symbols their as of authority the over peoples their in territory;9 included terms which chiefs they the to the wereexpeced to conform. According these to documents,chief confirmed hisrights a a was in "as feudatory ... empowered govern territoryall matters chief to his in whether criminal, civilor revenue was authorized nominate hissuccessor," thecondition and to on ... that continue payan annualtribute, up hisrights theforests minhe to give to and erals hisarea, that allowtheBritish in and he Superintendent toadvise thepeaceful in settlement disputes of which might develop between chiefs peoples neighthe and of Shan States.10 British boring The expected chiefs treat the to their subjects-both Shansand theminorities undertheir and and "promote their rule-"justly wisely" As happiness."11 longas they observed these terms maintained and order and law in their areas, British notinterfere localadministration purely the did with and internal advancematters. perpetuate authority thechiefs insure To the of and their intellectual overtheir a ment the subjects, British the establishedspecial school Taunggyi-in in Southern ShanState-toprepare sonsofthechiefs higher education Great in the for
Britain."2

The British introduced Western in neither democratic and institutions the ideas nordid they absolute Shan States makeanyserious attempt modify almost to the of In in character thechief's was authority. I922, whendyarchy introduced Burma no proper thepeople and there beganto experiment parliamentary with institutions, tookstepsto suchdevelopment placein theShan States. took the Instead, British and Burmaproper. political In restrict contacts between Shan States the the terms, to allowed colonial the the this they encouraged States federate;18 arrangement rulers on basis the withan instituto deal withthechiefs a collective and provided chiefs whichmadeit possible themto havegreater contact withone tionalstructure for a In the allowed chiefs establish federal the to fundwhich another. addition, British and to their interests those the from of gavethem greater autonomy helped separate the the in In restof Burma. administrative terms, British reorganized civilservice a administrative was to Burma that separate so with system created deal exclusively the areas. Bothmoves between the thefrontier helped perpetuate historic separatism rule The onlyrealcontact between the twoareasand feudatory in theShan States. the of and two came through institution the Governor the administrative system
9 Sir C. Crosthwaite, of Pacification Burma (London, 91i2), is still the best account of the early relapeoples. Also see C. Hendershot,"The Conquest, Pacification tions between the Britishand the frontier of University Chicago, 1936. of and Administration the Shan States,I886-97," unpubl. Ph.D. dissertation, the 10 Crosthwaite, I6I-I62. Prior to independence, presentShan State was divided into numerous pp. describes to states.In this essay the area will be referred as the Shan States when the narrative feudatory in post-indepriorto independence 1948. The termthe Shan State will be used in discussing the situation pendencedevelopments. 11 Statement Sir FredericFryer, FirstLt. Governorof Burma,at a durbarfor Shan chiefsin Taungof gyi, Headquartersof the SouthernShan States,May 7, I895. As quoted in A. Ireland, The Provinceof Burma (Boston, 1907), II, 766-770. 12 Ireland, p. 769. 13 J.L. Christian, Invaders (Bombay, 1945), pp. 324-325. Burma and the Japanese

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JOSEFSILVERSTEIN

under authority. pattern interrupted his The was during WorldWar II whenthe time-encrusted barriers between peoples bothareaswereremoved. the of in In addition, mustbe notedthatalthough Shansdominated peoples it the the as theareabothpolitically numerically, never and they assimilated minorities; a the result, cultural pluralism existed throughout ShanStates. the The impact theSecond of WorldWar on thepolitical development theStates of two cannot measured be exactly because theabsence reliable of of data."4 However, developments worthy notebecause their are of of relation contemporary to problems. initiated During short the period Japanese of authority Burma, newconquerors in the a policy toward frontier similar that theBritish. the areas to of However, I943 they in themselves as a result, time the reversed conditions thefirst in which for and, created peoplesof Burmacould minglewithout restrictions. During the first phase,the Nationalist and Japanese policy theShan States for was to keeptheBurmese Army wherever withthehillpeoples political leaders of theStates out and outof contact possible. December In announced thirty-four chiefs sworn that Shan had I942, they to In two allegiance theEmperor. I942 also,theJapanese transferred Shan States to In of of theGovernment Siam.15 I943, theJapanese their halted policy separatism. the of After creating nominally independent Government Burmaundertheleaderentered a treaty withtheir into Burmese shipof Dr. Ba Maw,they puppet governthe menton September I943, and cededall theShan States, 25, except two which to Underthisnew arrangement werealready given Siam,to thenewgovernment."' were ableto work for of areas thepeoples both ends. was reliably It together common of that reported byI944, branches theEast Asia YouthLeague,theNational Service and Association, the Indian Independence League were established the Shan in British In told States. addition, intelligence reports thatShanswerebeingrecruited of intothenationalist army theBurmese.'7 Thus,theinstitutional change linking of in where peoples bothareaswere resulted a political the theareastogether of change It and work this that political ableto meet together. was from period the awakening can of ofthepeoples theShanStates be measured. nationalism thedemand independence and the After warthewaveofBurmese for and engulfed moreconservative peoples, of the hill sweptoutside Burmaproper the elitesamongtheShans,Kachins, especially emerging popular Pa-Os,Burmese, element The andthemore progressive amongtheShan chiefs. first reaction became in met evident January whenall thechiefs and voluntarily to I946, their agreed share A in withtheir later a Londonmeeting Buradministrative powers people. year the PrimeMinister, Clement meseleader, AungSan,and theBritish Attlee, reached an of wereto be given the their agreement whereby people Burma proper independence, areas the of to andthepeoples thefrontier were granted right joinin thenewstate if
14 The best sourceof information the war period is containedin the two-volumeintelligence on report of of the Government Burma, Burma during the JapaneseOccupation (Simla, 1943-44). Althoughmuch so is of the materialin the reports unconfirmed, enough is verified thatit providesa reliableguide to events was closed to normal means of gathering areas at a timewhen the country in Burma and the frontier data and reporting. 15 Burma duringthe Japanese Occupation, I4. I, I, 16 A copy of the treaty foundin Burma duringthe JapaneseOccupation, 28. is 17 Burma during the JapaneseOccupation,II, 78-83. This shortchapterabout the Shan States is an excellentreportabout the impactof the war on the area. It was probablywritten W. W. Payton,ICS, by some of Payton'sconclusionswhile in Burma in I955-56. had occasionto verify writer and the present

THE SHAN STATE

47

they desired.'8 daysafter historic so Ten that meeting in response itschallenge, and to thechiefs representatives thepeople theShanStates in Panglong, and from of met in theShan States, withtheir counterparts amongtheKachinsand}Chins,and from agreed join withtheBurmese forming independent to in an state. The Panglong Conference participants down a number conditions laid of covering interim the period before actual the transfer power.'9 twomost of The important that were they be representedtheinterim in Burmese government theright consultation with of on all matters pertaining thehillareas;that interim to the government fulladminisgive trative financial and autonomy suchareasas theShanStates, to which already exercisedthesepowers. Becausethe Burmese the granted theseconcessions, Panglong Agreement thekeydocument thepostwar, is in pre-independence relations between thehillpeoples theBurmese. and of The Shans, theother peoples, like hill participated thedrafting theConstitu, in Astion;one of their as President the Constituent of delegates served thesecond Unionof as President theindependent of sembly, later was elected thefirst and he
Burma.20

II from Unionof Burmais botha constituBecausethequestion secession of the tional a political and problem, is necessary examine provisions theConstiit to the of tution with structure thestate the of to dealing government theright secede. and The formal language theConstitution notgiveevidence all theconcesof does of sionsand agreements and whichtheBurmese thefrontier areaspeoplemadeboth prior andduring drafting theConstitution.2' to the of in Whilesomeofthese appear theConstitution, arefound suchdocuments thealready in as others mentioned PanglongAgreement. The agreements the testimony AreasCommittee of takenby theFrontier and informed Burmese leaders thechiefs interEnquiry clearly the that expected retain to nal autonomy their in Therefore delegates theAssembly traditional areas.22 the to avoided description localgovernment thestate restricted any of in and themselves to at considering form thegovernment thestate the of level. a result, chiefs reAs the tained control their over individual administrative territories independence. after They the to from alsoweregranted exclusive classthetwenty-five right elect their among members theUnionParliament's in of Chamber Nationalities. chiefs The promised to their in exchange surrender traditional and judicial authority, they agreed comto binetheir into unit. territories a single political their The Burmese balanced concessions thechiefs granting therest to to of by thecitizens thestate exclusive of to the nrght hold all theShan Stateseatsin the UnionParliament's important most the of chamber, Chamber Deputies. Thus a comi8See Aung San-AttleeAgreement, January 27, I947, Article 8; an authenticcopy will be found in Ministry Information, of Burma's Fight for Freedom (Rangoon, I948), p. 45. 19 See Panglong Agreement, Feb. I947; originally publishedin FACOE, I, I6-I7. 20 Sao Shwe Thaik, Sawbwa (chief) of Yaunghwe, replacedThakin Nu as President the Constituent of Assemblyon July30, I947. During the thirdsession of the Assembly,SeptemberI5-24, I947, he was appointedprovisional of President the Union of Burma by the membersof the Assembly. 21 For a good discussionof these agreements and concessions, see J. F. Cady, A History of Modern Burma (Ithaca, 2958), pp. 544-55I. 22 FACOE, II, 3-43.

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JOSEF SILVERSTEIN

promise worked whereby chiefs was out the retained their prestige participated and in theUnionlegislative process; however, realworkof legislating theUnion the on levelfellto therepresentatives people. addition, framers of the In the provided that there wouldbe only type citizenship Burma-Union one of in citizenship.23 had This theconsequence prohibiting states of the from limiting people's the rights guaras anteed theConstitution. by Theseconcessions a reflectwillingness thepart theBurmese accommodate on of to thehillpeoples, especially Shans. at thesametime Constitution the But the manifests thedominance theBurmese demonstrates ability establish unionin of and their to a whichtheseparate states appearto enjoymoreautonomy thantheyactually were granted. becomes This clear some thelimitations thestate in of on governments. First, theConstitution that are provides all state offices to be filled Members of indirectly. theState Council alsomembers thebicameral are of UnionParliament. Thus,a legislatorsitsin twohouses and legislates, of thetimein thenational part and interest part thetime thestate's of in interest. Because election theNational to Legislature is thesource his mandate, takesprecedence his state of it over seat.The office the of Head of State, too,is filled whomthePrimeMinister automatically theperson by chooses his Minister thatparticular as for state. The combined of Minister-Head oweshisposition to State Minister notto anylegislative and solely theUnionPrime or elective body. The StateCouncil no authority remove has to him,norcan it parin ticipate hisselection advice thePrime to As beyond Minister. a result of offering thisuniquearrangement, office Head of Stateis secondary the holder's the of to as Minister theUnionGovernment. in responsibility The Constitution and lists provides legislative revenue which to appear giveeach unitof government-the Unionand thestate-separate spheres activity.24 of Howthisseparation compromised thefactthatin a declared is ever, by emergency the can Union Parliament legislate any subject.25 on This actually in happened I952 whenthePresident a proclaimed state emergency theShan Statewhich in of lasted until that Parliament 1954. During couldand did legislate and theUnion period, for administered areassingled by the proclamation. is the state's the Army, out Nor to revenue liberating Sincenoneofthestates viable an ecoa one. power raise are in nomic all from UnionGovernment order maintain the sense, accept grants in to their existence, in this and waycompromise independence.26 their
Constitution, H, Art.Io. Ch. Third Schedule,List H; the topicswhich the statesare eligible to legislateare arranged Constitution, under eightheadings: Constitutional of aflairs,the writing a stateconstitution, establishment mainthe and tenance of a state civil service; Economic afairs, agriculture, fishing, land, markets,taxes on local and importedgoods, employment, amusement,and gambling; Security, police and judicial; Communications, roads, municipal tramways,roadways, inland water traffic; Education, schools, libraries,and theaters; Public health, hospitals,vital statistics, cemeteries;Local Government;General. The Union Legislative powers are itemizedin the same schedule under List I. If any subjectarises which is not clearlyincluded in eitherestablished list, the power goes to the Union and not to the states. 25 Constitution, Ch. VI, Art.92.I. 26 In the periodpriorto World War II, the Shan Stateswere self-supporting. The Federal Fund, created in I922, includedcontributions fromthe chiefs, whichbeforethatdate went as tribute the British. also to It includedfundsfromthe Burma Government-a share of receiptson common subjectssuch as excise,customs,etc.,and receipts frommineralsand forests. After1937, the Government Burma no longerhad to of supplement Fund to make up for a deficit;insteadit paid the FederatedShan States an exact portion the of the taxes raised on commercialactivity theirterritories, in which were sufficient allow the Fund to to
28 24

THE SHAN STATE

49

As a result theconcessions thespecial of and the provisions theConstitution, of structure theShanStategovernment be summarized follows: thestate of may as at levelthere a StateCouncil fifty is of members, of whomderive half their seatsfrom election theUnion Chamber Deputies, to of and halffrom to election the Union upper house, Chamber Nationalities. the of nTeyhavepowerto legislate according tothestate legislative andadvise Prime list the Minister hischoice thecombinaon of tionHead-Minister theState. of The Head ofState administrative has and powers is responsible the PrimeMinister. the local level,the thirty-three chiefs to At Shan exercise administrative authority their over traditional domains; they enjoy rights the of taxation they and raiseextra revenues controlling gambling their by the in subThe divisions. peopleof thestate haveno right remove chiefs alter to the nor their form rule. thefive of In major towns thestate,27 in administration is under Residents who,as state civilservants, responsible theHead ofState. are to of The right secession, which in became operative January in all probability i958, out madebytheFrontier originated ofthesuggestion AreasCommittee Enquiry of which of investigated question associating frontier the the withBurma the in peoples to of period prior thedrafting theConstitution.28 a majority thewitnesses Since of whoappeared before requested theright secession included theConit of that be in stitution, Committee the that recommended the demandshouldbe recognized. it However, warned theframers limit regulate right that must and the very carefully. ITe Constitution both.29 recognizing right, laysdownfour does In the it conditions: (i) tenyears must elapsebefore right be exercised; to implement two the can (2) it, of a thirds theState Council must to approve resolution secede;(3) theHead ofState the mustnotify UnionPresident thevote, of and thelatter a mustorder plebiscite heldin thestate a under commission appointed himself which composed an by is of of equal number members from Unionand thestate;(4) onlystates the which are notexcluded from the using right exercise privilege. may the forces thestate, in Amongthepolitical there fouridentifiable are which groups bearconsideration. Shanchiefs themost The are powerful bestorganized the and in state. Although they onlythirty-three are in number, their political poweris greatly in excess their of size.Collectively dominate political they the organization calledthe UnitedHill PeoplesCongress. Each chief controls semifeudal a domain whichprovidesa retinue followers, source revenue, includes own largeland of a of and his As are holdings. a classthey welleducated personally and wealthy. there Individually, are vastdifferences between them. Duringthelastdecadetheysplitamongthemon selves theissueof how to transfer administrative their powerto thepeopleand whatcompensation shouldreceive return. in they Theirmoderate groupis led by Sao Hkun Hkio,who,in addition beingHead and Minister theShanState, to of is
develop a surplus.See FACOE, I, 14. The war, the changes in living patterns the people, the Increased of servicesoffered the state,and the attemptto underwrite by economic development, contributed the all to Shan State'spostwarneed for financialaid fromthe Union Government. answer to a question on state In finances, Saw Tha, Secretary the Shan State,replied,"A major portionof the fundsrequiredfor the U for administration the Shan Stateis givenby the Union Government of ... revenuelistedin the State Revenue List . . . formsa minorportionof the fundsrequired." 27 Taunggyi, Loilem, Lashio, Loimwe, and Hopang. 28 FACOE, I, 28-29. 29 Consttution, Ch. X.

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JOSEF SILVERSTEIN

one oftheDeputy Prime Ministers theUnion.Opposing faction thegroup of this is of reactionary chiefs who are led,at thepresent time, thecolorful by wifeof the Unionof Burma's first President, Mahadavi Yaunghwe. the of She and hergroup insist upona largepayment compensation a longlistof special of and in privileges exchange transferring powers; is thegroup for their this which threatens leadthe to ShanStatein a secessionist movement.30 In opposition thechiefs to there theemerging are of organizations thepeopleof thestate. The largest mostactive theseis theShan StatePeoplesFreedom and of League whichwas modeled after, partially and organized the majorpolitical by, party Burma, Anti-Fascist of the PeoplesFreedom League (AFPFL). This Shan Stateorganization widely is supported themoreadvanced by BurShans,Kachins, mans,and otherminority groups. wishesto see the chiefs It shornof all their powers, theexisting and system replaced witha socialist on thelineslaid down state bytheAFPFL for Burma proper. major Its spokesman U Tun Aye, whois a memis berofParliament from Namkhan. is moderate hisdemands supports He and the in Union's decision paythechiefs transferring power to for he their because believes it willrealize endfaster more the and amicably thananyother numway.Tis group, in has a withmass bering thethousands, attempted establish broad-based to party to sub-organizations attached it.The only thusfaris significant created organization theShanState Peasants Organization. force ShanState The third is in politics an ethnic the group, Pa-Os.Theyarewell and organized politically advanced. Shan dominaTraditionally have resisted they tion, and today at are as they operate politically twolevels. Legally, they organized theUnitedNational Pa-0 Organization undertheleadership U Tun Yee, their of for of party's secretary. strive theestablishmentan autonomous either They state in oroutoftheUnion. the in UnionParliaTheyoppose UnionGovernment thepresent are and to ment, they opposed theUnion's influence theShanState. in Recently, they havebeenco-operating thereactionary with faction This curious amongthechiefs. of between historical arrangementco-operation enemies in developed early I955 when thechiefs the promised Pa-Os an autonomous if they state wouldsupport themin over their of struggle thetransfer powers. Although alliance notdrawnup this is the formally, two groupshave continued pursuesimilar to courses withinstate politics. At theillegal there largegroups Pa-Os who are in revolt are level, of against the and UnionGovernment whoco-operate theKarenNational with Defence Organization(KNDO), theCommunists, theremnants theChinese and of Nationalist forces stillin Burma. Hla Pe, is a Karenfrom Theirleader, Thaton;he provides link a between various the revolutionary groups. The fourth force ShanState in is politics theAFPFL, theGovernment party, and theUnionGovernment. operate Both directly the through UnionPrime Minister, in of hiscontrol theMinister-Head State, through UnionLegislature its of and the by of provision funds thestate. for The party operates unofficially through affiliates its in thestate, ShanState the Freedom Peoples Leagueand theAll ShanStateOrgani30For general on background Shan Statepolitics, thevarious see series articles thesubject of on in and occasionally I956-57. in The Nation has keptits readers on informed theactual happenings therumors and connected ShanState with politics.
The Nation (Rangoon), Aug.-Oct. I955,

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51

zation. I953, theUnionMinister Defence topleader theAFPFL, U Ba In of and in Swe,helped organize newpolitical a party-the ShanStateOrganization-which All was supposed join all political ethnic to and groups intoa singlepolitical party.8' Sao Hkun Hkio becameits president U Tun Aye its secretary. and Becausethe to AFPFL attempted exert much to too pressure because organization and the failed satisfy particular the demands thevarious of participating groups, losta goodpart it of itsactive support declined importance. stillexists and in It today, representahas tionin theNational Parliament, is lookeduponas thealter of theAFPFL and ego without genuine roots thedomestic in political scene. In considering influence theUnionGovernment ShanStatepolitics, the the of on roleof theUnionArmy a majorfactor. I952, by a Presidential is In proclamation, law martial was declared twenty-twothethirty-three subdivisions, the State and in of Army was ordered takecommand.32 to That drastic stepwas precipitated the by growing strength menace thecombined and of insurrectionary of theKarens forces and theremnants the Chinese of Nationalist (KMT) armies whichwerepreying uponthelocalinhabitants thestate. of The KNDO cameintoexistence I947-48 in whentheKarens were fearful their of future under Burmese because thecomrule of munalriots and antipathy which marked war period the relations between two the in In addition, to an communities.33 beenrebuffed their desire establish indehaving and state orpendent autonomous in lowerBurma, they established villagedefense ganizations awaited and their at thehandsof thenewgovernment. January fate In I949, no longer wishing discuss to statehood within Unionand having the faced sporadic attacks Burmese by extremists, KNDO attacked Unionforces went the the and the intoopenrevolt against nascent government.34 action an important This had impactuponthe Union Armybecausewholeunitsof Karen soldiers mutinied and withthe rebels. joinedforces The KNDO-well organized, and equippedled, immediate successes upperBurmaand thesouthern in Shan State, it scored where for and The Karens captured held the townof Taunggyi a number months. of to of attempted winthesupport their distant cousins, Pa-Os,and weremoderately the as successful, suggested earlier. important An political crisis arosewhena Kachin in Naw Seng, hisbattalion revolt joinedforces led captain theUnionArmy, into and with KNDO. As a rebel the "brigadier general" wonvictories upper he in Burma and and to theShanState, attempted winthepolitical support thehillpeoples the of for rebelmovement. Unlikehis military successes, Naw Seng failed his political in enbecause hillpeoples-the deavor the largely Shans, Kachins, Chins, Kayahs-remained the Hill PeoplesCongress theprevenloyalto theUnionand organized United "for
51 Burma WeeklyBulletin,New Series,II, 33 (Nov. I8, I953), p. 258. The Bulletinis the official inof formation sheetpublishedby the Union of Burma Ministry Information. 82 The Nation, Nov. 30, I952, p. I. The proclamation came into effect Dec. II, I952, and was valid on forsix monthsor less. aa One of thebestaccountsof the war periodrelations betweenthe two communities foundin I. Moris rison,Grandfather Longlegs (London, I947); see also Cady, pp. 442-444. 84 No completestory the Karen insurrection been written of has yet. Because the issuesare complex and all the evidence is not in the public domain, one must use the reportsand accounts with some caution. The Burmesenewspapersare useful,but theytend to be biased against the Karens. The best accountsof of Burma and the Insurrections the insurrections are to be found in Ministry Information, generally (Rangoon, 1949); H. Tinker,The Union of Burma (London, I957), pp. 34-62, 257-258, 35I-352; Cady, pp.

549-550,

589-593.

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JOSEF SILVERSTEIN

of areasand fortheconsolidation the to tionof thespread theinsurrectiontheir of recaptured Taunggyi, in I949, Naw late WhentheUnionforces UnionofBurma."85 thusending across Chinese the border, and Sengretreated thenorth disappeared to peoples. by themajorthreat massdefection thefrontier of a in Shan Atthetime theinitial of successes theKarens thesouthern State, new of escaping from Nationalist armies, of threat developed whenremnants theChinese and Burma. thattimethey At crossed border entered the theChinese Communists, in relations thelocalinhabitwith numbered about werewelldisciplined their 2,500, Shan Statesubpopulated east ants, and they settled of theSalweenin thesparsely and facedwithmassdesertions theimThe division Kengtung.86 UnionArmy, of was unable in mediate the problem defending UnionGovernment lowerBurma, of on fewyears, attacks after abortive to intern disarm KMT forces. thenext or the In as their pretenses an dropped Communist of China,thesoldiers ChiangKai-shek the among recruited soldiers and downin theShanState, army liberation settled of 87 to the as localpopulation, acting "warlords," forced local populace support and, activity and serve them. I952, their wereestimated aroundI2,ooo; their at forces By to was became openly so aggressive theUnionArmy forced divert that andbehavior this proper fight to against foreign the in Burma someofitsforces from insurrections werefearful no because Burmese the menace. This threat couldbe ignored longer KMT soldiers that Chinese the Communists be by might provoked themarauding Burmaand settle accounts their on own. to enter equipped divided poorly and was the ByI952 theUnionArmy no longer ethnically wereinteit of in organization was at theoutset theinsurrectionsI948. The troops and belonged theUnion Government to whoseallegiance grated intomixedunits in or it increased sizeandexgroup. addition, wasgreatly In nottoanyethnic religious some itsforces of its and to were perience, officers welltrained, itwasina position divert the KMT-KNDO threat theShanState. in Under andtakeaction against combined the from local chiefs, thePresidential the command proclamation, armyassumed local of in proper, along reorganized administration thelines localgovernmentBurma socialservices therebellious invading forces as and existing and beganto improve and lesspopulated of areas.Initially, attitude the the weredriven intothewilder the was one of hostility mistrust. and HowpeopleoftheShanStatetoward Army of the of the and the units, ever, behavior the troops, mixednature the military of causedthe and with general willingness theofficers mento co-operate thepeople, of attitudes friendliness, to local inhabitants the Shan Stateto altertheir original The intervention the Armyinto stateaffairs of and co-operation.88 direct trust, that to to the strucplanned replace federal prompted many suggest theGovernment state the in with unitary byeventually a proper. ture incorporating ShanState Burma withdrew 1954 and returned power in all even the This rumor persisted after army
Burma and the Insurrections, 14. p. of The best sourceson the activities the Chinese in Burma are found in Ministry Information, of KuomintangAggressionAgainst Burma (Rangoon, I953); Maung Maung, Grim War Against the KMT (Rangoon, 1953); Tinker, pp. 50-55, 345-348, 367-368; Cady, pp. 62I-622.
35 86 87

Tinker, p. 52.

38 The Nation, editorial,March 9, 1954, p. 4; Burma Weekly Bulletin,III, 7, May of Ministry Information, "The Shan State in I953," Burma,W, 3, April 1954, p. 3.

20,

1953, p. 5I;

THE SHAN STATE

53

and action, economic and by aid direct indirect political tothechiefs.89 Thus,through influence Shan in the has theactivity theArmy, UnionGovernment beena major of State politics. roles have important in these four protagonists played Duringthepasttenyears of problem theShan State-thequestion the in connection themainpolitical with in of is transfer power theShanchiefs. Briefly stated, problem as follows: order the by of to gettheShan chiefs join withtherestof Burmain theformation an indeto the nationalist thatdesired to leaders agreed allowall states pendent state, Burmese that chiefs the In to enjoy autonomy localgovernment. theShanStatethismeant in means of of and traditional rights-such powers taxation other as keptsomeoftheir shared thelegislative in powers, they and raising revenues, someadministrative and of process theUnionand statelevelwiththerepresentativesthepeople.In exat their former functions their and outright traditional judicial change, surrendered they to the after exclusive power.Almostimmediately independence, rights legislative of transfer administrative their began demand thechiefs to that people theShanState powerto the people.The Shan StatePeoplesFreedomLeague and the United Pa-O Organization thefight, on August I95I, thechiefs National I8, agreed led and, demands. totheir was be remained to howit should as Questions Agreement, however, nottransfer. should paidtothechiefs; what be and should rights, any, if done;whatcompensation Before decisions couldbe made,theUnionGovernment be retained them. any by rule because theKMT-KNDO of was forced impose to military in parts thestate of attention thefact to thattheUnionGovernment a sent the threat; nation paid little and in Shandelegation Indiato investigate country's to that experience taking power the states. returned The inquiry commission fromIndia in integrating princely and rested there to January madeitsreport theUnionGovernment, thematter I953, a for short while.40 In themeantime, Shanchiefs to with grumbled continued co-operate the but the Government theArmy. ITe organizations thepeopleoftheShanStategenof and The of for ruleby thechiefs. erally approved thesubstitution military personal of to Shan StatePeoplesFreedom among League attempted expandits organization thepeople, sought realize and someofitssocialand economic military goalsunder to The theirattitude for sponsorship. Pa-Os,too,co-operated awhile.They changed were when discovered theArmy theGovernment notin fullsympathy that and they At the ultimate ofan autonomous state. first peopleas a wholewere with their goal but cameto accept becauseof themany it of they suspicious theArmy, gradually Whenmilitary endedon July that benefits it brought. 3I, socialand economic rule returned administrative full to the powers the feudalrulers, I954, and the Army emboldened chiefs stiffen demands; thesametime discouraged the to their at it move the because appeared be a it of to and embittered leaders thepopular organizations had to regressive SincetheUnion Government givensupport thosepolitical step. democratic Burma, seemed it now thatit government throughout groups favoring and to waschanging stand waswilling support chiefs. its the the and FromI952 onward Government thechiefs continued negotiate to secretly
39 The Nation, Aug. 8, 1954, p. I. 40Burma WeeklyBulletin,II, 43 (Jan. 28, 1953), p. 2.

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JOSEFSILVERSTEIN

about transfer power. July 1953, thechiefs the of On 17, presented seventeen demnands to theGovernment their as price transfer. particular asked:(i) that for In they they retain their tides, thatthey (2) receive compensation lieu of therevenues in which wouldlose,(3) thatthey of they retain their seatsin the Chamber Nationalities, they given right holdother be the to offices according their to ability, that (5) (4) that the theUnionassume financial burden educating their of descendants, that (6) they should have theright hold traditional to family lands,(7) thattheyshouldhave theright passtheir to titles, rights, possessions their and to descendants. amount The ofcompensation undiisclosed, itwasestimated be between andthirteen was but to two million dollars localcurrency. chiefs in The claimon thefactthatthey basedtheir had received certain revenues since1922; 41 if theycontinued receive same to the their income, projected earnings wouldbe in excess their of actualdemands. The ShanState Peoples Freedom Leaguesupported Government's to the decision paythe chiefs tworeasons: because for about faster wouldbring a solution with (I) payment on lessill-feeling all sides, and (2) because Leaguewas awarethatthere the was a largeelement politically backward of peoplewholookedto thechiefs leadership for was takenarbitrarily. and whomight expected fight thechiefs power be to for if The chiefs mindon thisissue.Although had agreedto werenotof a single all to giveup their powers I951, by 1955 somewerenotanxious fulfill in their commitment. The majority shifted from moderate the morereactionary to the gradually The latter wereencouraged a number things: apparent of group. by the of support thePa-Os; thevictories theUnitedHill PeoplesCongress the 1956 elections; of in that time was on their and thelonger side they heldout,themorerealtheright of became and thestronger bargaining their secession position grew.DuringI956 and 1957, this discussed possibility invoking right secession the group publicly of the of did iftheUnionGovernment notmeet itsdemands.42 all a Theyformed newparty late in 1956 calledthe Shan StateUnityParty, and passedresolutions advocating secession, thansurrender rather their powers. They feltstrong enoughin I956 to the criticize UnionGovernment's withtheStateof Israel.The treaty called treaty forthecultivation a million of land in theShan StateunderIsrael acresof vacant of and the to The protest the management withtheobject selling produce Israel. of was in chiefs echoed theShanstudents theUniversity Rangoon, theGovat and by ernment calleduponto announce felt that had publicly thetreaty beenamended to read"onemillion acres vacant landin theUnionofBurma" of instead in theShan of State.43 of The Government notunaware thegrowing was of intransigencethereactionary of Whileon thesurface appeared givewayto their it to majority group Shanchiefs. lessimportant underneathcontinued negotiate it to demands, secretly refused and to The first indication the Government the real debatethe issuespublicly. that and
41 The revenuesof the chiefswere as follows: in Kengtung,North Hsenwi, South Hsenwi, Yawnghwe, Hsipaw, Tawngpeng,and Mongmit,the chiefswere allowed to keep I5% of the total revenuescollected; in all otherstates,25%. These allowances were established the Britishin 1922. In addition the chiefs by earned added income fromleasing the gamblingrightsin theirstatesand other activity which has never in of been reported detail,but which lay outside the jurisdiction the Britishfirst and the Union of Burma later. 42 The Naixon,Feb. 19, 1957; July 2, 1957. 43 The Naton, Dec. 29, 1956.

THE SHAN STATE

55

a had chiefs reached settlement during I956 budget came the session theParliaof At U ment.44 that time, Tun Aye,oftheShanStatePeoples Freedom League,called attention thefact to thatthegeneral appropriation thestate for included itemof an million dollars whichwas slatedas thefirst of thepayment half K5o lakhsor five In is to thechiefs. thepresent the7rea similar item thesameamount. for Even budget the has though Government notexplained position regard settlement its in to with thechiefs, is feltgenerally thetwo appropriations it that represent totalsum of its The payment. Government broke silence AprilI957, whenU Nu said, its partially in whileon a visit theShan State, to thattheGovernment wouldmakean announcement settlement thechiefs of with before September However, Independence 1957. by Day, I958, whentheright secession of becameoperative, Government had the still notannounced settlement, had theShan chiefs any nor attempted carry their to out threats secession. of III In thelight thepreceding of discussion certain questions emerge whichremain unanswered. theright secession right Is of a which framers theConstitution the of to intended be usedor did they it include as window-dressing, Russians as the did in their Constitution i936?4 If it is a genuine of right, underwhatconditions will it probably used?F'inally, be where wouldtheShan Statego ifit did secede? A careful reading theConstitution thedocuments of and relating theformato tionof theUnion,suggests thatthe framers intended right be a measure the to of protection those peoples for hill whoweredubious aboutallying themselves with thedominant politically and moreadvanced state Burmaproper. of Following the adviceof theFrontier AreasEnquiry Committee Report, framers the clothed the right witha timerestriction, a demand an extra-ordinary for majority, a vague and proposition which callsforlegislation interpret meaning. to its The timerestriction has passed, and theextra-ordinary majority requirement two thirds theState of in Council notimpossible getiftheissueis sufficiently is to and is important there widesentiment spread expressed itsadoption. realcheckon theright The in for remains thearticle whichrequires thePresident that "order plebiscite be takenforthe a to of purpose ascertaining willofthepeopleoftheState."46 the as Suchquestions who shallvotein sucha plebiscite whatmajority necessary express people's and is to the willare left be legislated theUnionParliament. to Thus theframers a by provided means eachParliament review right for to the and decidewhether notit wants or the to maketheright exercisable making franchise the necessary and by majority either or difficultobtain. to Sincethelegislature notactedto fill has easy thisparticulargap,it is unknown thistimewhether notthepresent at or leaders theUnion of really wanttheright secession be exercisable. of to
44The Nation, Sept. 14, 1956. 45 Accordingto Andre Vyshinsky, The Law of the Soviet State (New York, 1948), pp. 272-273, in order for an autonomousrepublicto be elevated to a Union Republic and enjoy the rightof secession,it mustmeet threeconditions:(i) it must"be a borderland, not encircledon all sides by U.S.S.R. territory"; (2) "it is necessary that the nationality which gave the Soviet Republic its name represent thereina more or less compact majority"; (3) it must have a population of at least one million. Vyshinsky drew upon Stalin's "Reporton the Draft of the U.S.S.R. Constitution" this section. for
46

Constitution, X, Art.204. Ch.

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JOSEFSILVERSTEIN

However, we assume if thatit is a genuine right, whenand underwhatcondi. tions willit be used?First, probably notbe invoked it will untilthepeopleof the state facedwitha "real"issueand haveno other are recourse theprotection for of their interests. Becauseof theheterogeneous nature the populace, issuemust of the affect majority thepolitically the of conscious minorities sucha way as to cause in them settheir to separate aside antagonisms and unify a common for end.No issue ofthismagnitude arisen has sincethepeopleof theShanStatedecided join with to Burmain theformation an independent of political union. The issueofthetransfer ofpower thirty-three by rulers notsufficient semifeudal is to arouse two nearly million people demand to secession theUnion, from especially thechiefs being since are asked to transfer their historic rights the peopleof their to stateand not to the Union Government thenation large. or at The decadeof negotiations, return power the of to thechiefs theArmy, theUnion'sagreement pay compensation the by and to to chiefs notthetype actswhichprovoke are of peopleto demand extreme measures. To thequestion where Shan Statewouldgo if it did withdraw of the from the Union, answer the seems quiteclearifone examines mapofthearea.Becauseit is a landlocked has no majornavigable and river linkit to thesea, the stateeither to wouldhaveto unify allywithChina,Tailand, or join withanother or landlocked area-Laos. Economically state great the has potential a producer minerals as of and agricultural it crops;47 however, stillhas farto go to realizeits potential. has It neither sufficient capitalnor the technically trained to personnel do the necessary job. The state lookedto theUnionsinceitsinception financial to meet has for aid operating and pay forthe minimal expenses socialservices thatit provides. The richness theland and thelimited potential of population wouldmakethestatean inviting for target land-hungry, overpopulated China. FromtheShan State's pointof view,there no current withanyone of are ties the three thatmakesthe thought a new unionseemattractive. of the Although Shansare ethnic and linguistic to theTais, there no feeling irredentism kin is of nor amongthepeople, is there political any movement thestate in whichadvocates thisgoal. Fromthelimited information the available, war experience the Shan of which wereannexed Siam,did notawakenanydormant States, by desires pronor vokeanyoutcry whentheAlliesreturned Statesto British the control the end at of thewar.TowardChina,there evenlessattraction. is Probably strongest the case forunity withChina couldbe made by the residents the Shan subdivision in of Kokang,wherethe Chineseoutnumber others nine to one. However, all by the peopleof thisarea have maintained steadfast a loyalty the Union.They were to insistent from outset independence they the of that receive Unioncitizenship, and havemadeno effort renounce Finally, they to it.48 there seemsto be no political or
47See Comprehensive Report,Economic and EngineeringDevelopmentof Burma, preparedby Knappen, Tippetts, Abbettand McCarthy Engineers, I, 3-I8. I, 48Thc territory known as Kokang was ceded to BritishBurma by the Chinese in pursuance of the Peking Conventionof I897. During the hearingsof the Frontier Areas Enquiry Commissionin I947, two representatives attendedand gave evidence on April II, I947. The son of the hereditary chief or Myosa reportedthat out of the state'spopulationof 40,804, 33,474 were Chinese. Both representatives indicated thatif theirstatedid not get internalautonomyit would join with any other nation which would give it to them. See FACOE, II, 314. AfterIndependencein 1948, a Burma CitizenshipEnquiry Commission classified Chinese of Kokang as citizensof Burma. Since most of them do not speak Shan or Burmese, the

THE SHAN STATE

57

economic reason-historic current-to or warrant creation a Laos-Shan the of union. And from Union'spoint view, thestate the of if attempted allyor unify to withits immediate neighbors, does notseemrealistic it wouldallow sucha merger it that to takeplace.In military terms, wouldbring it Chinaor ThailandintotheheartlandoftheUnion, itwouldcreate and suchan exposed border defense Burma that of wouldbe nearly impossible. addition, Burmese In the couldnotpermit area to the fillwithChinese. The Union already alarmed is aboutthe illegalimmigration of hundreds Chinese of who crossthepresent border between two countries the and become absorbed thegrowing in Chinese communities theShan Stateand in the in restof Burma. thestatewereoverrun If withChinese, there wouldbe no way of keeping themfromoverflowing the restof Burma.In economic into terms, the Union has largeinvestments theShan Stateand includes in all of its major in it development as an important plans source rawmaterials as a recipient the of and of benefits whichwill be realized from development thewholearea. The loss of of which might it theShanState would a serious a be blowtotheUnion, blowfrom not recover. seems It reasonable assume to that thestate if attempted invoke right to its of secession might This it provoke Unionto use force keepit from the to seceding. U conclusion suggested thespeech Prime is in of Minister Nu, which delivered he at Lashioon April27, I957;49 in it he calledattention thehistory thecivilwarin to of that Abraham thestrongest most and in is influential nation theworld duetothefact Lincoln prevented southern the States from seceding thus and consolidated whole the it country. onlywe are united future indeed If our is bright. Therefore, is myconas stant prayer this that remarkable episode from American history serve a very may valuable lesson all ofus." for The right secession of must viewed an unrealized vaguepower be as and which is of more useful a potential as a reality. one Shanleader as than As explained right the secession Burma, is an "unopened in it treasure chest, unlighted an beacon."50 So longas it remains potential a right, willbe useful thepeopleoftheShan State it to as a bargaining weapon because leaders theUnionaredetermined establish the of to theruleoflaw and respect theConstitution. history therelations for The of between theUnionandthestate confirm fact. this The protracted negotiations thereturn and ofpower theArmy by were ofgoodfaith respect a large more acts and by and powerfulunitfora smalland weaker one. In theend,theright mustbe viewedin two ways: constitutionally,exercisable; itis politically,is not.So longas thestate the it has in a right reserve, will continue givethepeoplea feeling having potential it to of choice either of remaining orleaving Union.If it attempts exercise right in the to the itmayprovoke Unionto actas Lincoln the acted, eventhough UnionofBurma's the Constitution includes right secession, the of whilethat theUnited of States doesnot.
theyhave been mistakenfor illegal Chinese immigrants. They have complainedthat theyhave no identification from the Union to prove their citizenshipand protectthem from harassment border officials. by See The Nation, December 6, 1954, for the case of Hoo Kya Chin, which demonstrates point. this 49 Reportedin full in The Nation, May 8, I957, p. I. 50 The Nation, July2, I957, p. 4, in a letter to the editor.

theUnited Statesand drew thislesson,". . . the reasonthatthe United Statestodayis