PILPG Update: Lessons Learned from Negotiating Burma's Constitutional Process

2/9/14, 9:27 PM

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PILPG Update: Lessons Learned from Negotiating Burma's Constitutional Process

February 7, 2014
PILPG recently conducted a negotiation simulation, Negotiating Burma's Constitutional Process, co-hosted by DLA Piper New Perimeter in their Washington, D.C., offices. The simulation brought together policy experts, government officials, international lawyers, and members of the Burmese community. Participants discussed the issues central to the nationwide ceasefire and constitutional reform process in Burma, including the constitutional amendment process within the national ceasefire framework, state structure and federalism, as well as the role of the military in government. Lessons Learned The negotiation simulation generated a number of lessons learned that the international community, Burmese ethnic nationality organizations, and opposition parties may consider in anticipation of ceasefire and constitutional negotiations. Key lessons include the following: The NLD will likely encounter difficulties enacting change from inside the government while maintaining its relationship with the ethnic nationality groups. The NLD delegation struggled throughout the simulation to find its place between the ethnic nationality groups and the Government. It was able to achieve some of its major goals, such as a constitutional amendment to allow Aung San Suu Kyi to run for president. The NLD, however, had trust issues with the Government and ethnic nationalities delegations. The strength of the militarys bargaining position will make specific political agreements within the ceasefire difficult to attain. The military successfully took a hardline approach on all issues during the negotiation, which prevented the parties from forming an agreement. The Government delegation encountered skepticism from the UNFC and UNA, who viewed the Government as a mouthpiece of the military. Considering what political reforms may be achieved through legislation, rather than constitutional amendment, may make the Government more willing to negotiate. Although constitutional reforms will be important, the Government delegation argued that many political reforms may be achieved through legislative reform. Constitutional reforms are more permanent, but they are more difficult to achieve. As such, the parties may consider if there are certain political reforms that they might seek

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PILPG Update: Lessons Learned from Negotiating Burma's Constitutional Process

2/9/14, 9:27 PM

through a legislative reform process. The militarys political power in parliament will make constitutional reform in the current parliament extremely difficult. The Military delegation demonstrated how little incentive it has to support constitutional reform. The military delegation held a firm line against any constitutional reform, which no party was able to penetrate. Developing a unified and specific understanding of federalism may help minimize splits within the ethnic nationality groups. The members of the UNFC and UNA delegation did not demonstrate a unified understanding on the details of how they would implement federalism in Burma. As a result, the Government and military delegations were able to create divisions within the ethnic nationality delegation over this issue. The complete Lessons Learned Report is available here.

About the Public International Law & Policy Group

The Public International Law & Policy Group (PILPG) is a global, pro bono law firm providing legal assistance to governments involved in conflicts. To facilitate use of this legal assistance, PILPG also provides policy formulation advice and training on matters related to conflict resolution. PILPG was nominated for the Nobel Peace Prize in 2005. PILPG's primary practice areas are Peace Negotiations, Post-Conflict Constitutions, and War Crimes Prosecution. To provide pro bono legal advice and policy formulation expertise, PILPG relies almost exclusively on volunteer assistance from more than sixty former international lawyers, diplomats, and foreign relations experts, as well as pro bono assistance from major international law firms. Annually, PILPG is able to provide over $20 million worth of pro bono international legal services. In July 1999, the United Nations granted official Non-Governmental Organization status to PILPG. The Managing Board of PILPG includes: Paul Williams - President Michael Scharf - Managing Director James Hooper - Managing Director To learn more about the Public International Law & Policy Group, please visit our website. The Public International Law & Policy Group provides to members of our list serve e-mail updates relating to certain developments concerning the work of PILPG. If you do not wish to receive these general updates please click on the unsubscribe link below.

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PILPG Update: Lessons Learned from Negotiating Burma's Constitutional Process

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