Why confirming independence

Looking back in our historical background, it is quite clear that before the British annexation of Burma, the Shan States and Burma were of separate entities. The British occupation of lowland Burma or Ratana Singha, in 1885, excluding the Shan States shows that the British treated Shan States as a separate entity and not as part and parcel of the Burma state.

During that period, the Shan States was in a state of turmoil with Shan Saophas fighting each other. The losing sides (i.e. Sao OOng, the Saopha of YawngHwe and Sao Kya Khai a.k.a Khun Seng, the Saopha of HsiPaw) appealed to the British for help. As a result, the British sent in expeditionary troops and later occupied the Shan States in 1887 and declared it a British protectorate state. This proved that we were not considered as part of Burma by the British. Had they believed so, the Shan states have been occupied the same year as Burma.

The administrative system of the Shan States differed from that of Burma proper. Thi Baw, the Burmese king was deported to India and ended the rule of Kong Baung Dynasty. His domain was colonized and ruled directly by a commissioner, while Shan States was allowed to be ruled by the Saophas, without destroying the old administration form.

The finance system was also separate from Burma. Permission from the concerned Saopha was needed for a Burman to enter Shan States. The civil Law of the Shan States did not allowed foreigners to own land in the Shan states and Burmese were regards as foreigners like Indians and Chinese. These foreigners needed to ask for permission from the Saophas before they could build a house or cultivate land. Even when permission was granted they had to pay the kind of taxes levied on foreigners which were different from the natives. This shows that we have never been a part of Burma belonging to the same country.

In 1947 our leaders joined the Burmese in the struggle for Independence, because we shared the common goal of achieving freedom and self determination. Our leaders were convinced that all our aspirations would come true, following the attainment of joint-independence. This was not to be the case.

The famous Pang Long agreement was signed on 12th February 1947, with a guarantee of "the right to secede" after Independence. But the term "the right to secede" was not included in the Pang Long agreement. Aung San reasoned that this paragraph would be more suitable to be included in the Union of Burma Constitution, to be more official. After the agreement was signed, on 19th April 1947, General Aung San secured a clause that the right to secede could only be exercised after 10 years. This was the reason being to give the Union government a chance to implement its policy for two 5-years plans. After this time span, the States leaders could make use of the secession clause, if they were not contented.

Within the month of May in 1947, when the Union Constitution was drawn up, this paragraph was still missing and the Shan leaders were outraged that they had not included the promised secession clause.

On July19, 1947, General Aung San was assassinated by his political rivals and U Nu succeeded him. But the right to secede was still missing and the Shan saophas were getting frustrated to the point that they accused the Burmese leaders of breaking the agreement that had motivated them to join the Independence movement. As there was no other choice, U Nu and other Burmese leaders had to agree to add the secession terms, in the Union of Burma Constitution.

The Union Constitution of Chapter 10, "Right to Secession", paragraph 202 stated: "The right of secession shall not be exercised within 10 years from the date on which Constitution comes in operation" The Cabinet was able to be formed and the Union of Burma achieved Independence on January 4th, 1948.

In 1949, the Karens revolt against the Rangoon Government. Although the Karen delegates came to Shan State and appealed to the Shan Saophas to join them against Rangoon, the Shans kept their promise and clung to the Union concept, refusing the Karens' overtures.

After Independence, the Burman dominated central government broke its promise to have equal financial distributions between the states and Burma proper. The financial situation on the Shan States was reduced to that of the pre-independence time. Shan leaders were still very patient and tried to solve the financial related problems through peaceful means.

During the so-called parliamentary democracy period, there were no developmental plans whatsoever for the Shan States and not even a penny from the Japanese war compensation reached the people of the Shan states. Resources from the Shan states were extracted without payment or compensation. The central government even tried to lend a million acres of fertile land n central Shan States to the government of Israel, without informing the Shan States Government. In spite of all this, the Saophas and Shan leaders were still patient and confident and pinned their hope on peaceful solutions to all these woes and problems.

Although many Shan students proposed and advised the Saophas to start an armed struggle, they refused and stuck to their old traditional ways of peaceful solution. By that time, the ten years secession deadline was also approaching fast, without any improvement in the ever deteriorating political climate. Then on 21st May 1958, Sao Noi established the first Shan Army, "Noom Serk Harn", to take action and matters into its own hands, should the solving of the problems by peaceful means failed.

In 1958, Prime Minister U Nu handed over the political power to General Ne Win and formed a care-taker government. Ne Win then annulled the paragraph 154 (2) in the 1947 Constitution on 17th March 1959. According to this paragraph, "All the representatives from the Shan State in the Chamber of Nationalities shall be elected y the Saophas of the Shan State from among themselves.” With this paragraph nullified, the Saophas needed to surrender their hereditary powers, before they could be elected to the Upper House. The Saophas were persuaded to surrender their powers and participate in democratic reform, if they wish to be elected to the parliament. The Saophas had also agreed to democratic reform since 8th August 1951, at the Haw of Mong Mit Saopha, in Taunggyi. And in a press conference on 25th October 1952, Sao Khun Khio, the Saopha Long of Mong Mit declared their willingness to agree to the reform. In this process, the Shan Saophas surrendered their powers to the Shan State

Government on 29th April 1959, when Sao Hom Fah, the Saopha Long of north Hsenwi was the president, not to the Union Government the Saophas' surrender of their hereditary rights was not able to bring any achievement to their goal, as the 1960 election result came to be known. They found that they were not able to do anything for the Shan States and its people.

U Nu, who said he could not hold the Union intact together, won again in this election. As for the Shan leaders, they loss their hereditary rights to administer their own territories was the only outcome and were not able and were not able to do anything for their people. The Pang Long agreement was forgotten and went the drain. The 1947 constitution, in turn was only beneficial for the Burmans and not the hill people and other non-Burmans. On top of that, the so-called democratic form of administration was only meant to benefit the ruling AFPFL and nothing was ever said and done for the welfare of the Shan State and its people.

In October 1960, Prime Minister U Nu, seeing that the Shan leaders were not content with the existing situation, declared that parties dissatisfied with the 1947 constitution could propose amendments. To work out a Federal Proposal, or better known as Shan Proposal, Sao Khun Khio, Saopha Long of Mong Mit, who was then the President of the Shan State Government invited all Saophas and other Shan leaders, elected MPs and those who signed the Pang Long Agreement, in February 1961, for a conference in Taunggyi, the capital of Shan State. The result was a "Document containing Proposal for the Revision of the Constitution of the Union of Burma" for the following paragraphs. They were, 8, 9, 23, 30(1), 30(2), 30(3), 31, 91, 92, 92(3), 93, 94(1), 96, 122, 128, 131, 154, 160, 162(1), 162(2), 162(3), 164(2), 219 and 222. Besides the revision of the National Constitution, a separate Federal Proposal also known as "Federal Law" was signed by 32 Shan leaders and sent to U Nu, who was then the Prime Minister on 22nd February 1961.

The Union Government neither answered the Shan Proposal, nor reformed the 1947 constitution. However, U Nu later agreed to convene a conference for deliberation of the constitution problems. Thus, on 24th February 1962, the Shan Saophas and leaders were invited for a meeting in Rangoon. As there was a chance, the Saophas and Shan leaders explained about the Federal Proposal. They said Federal Law meant equal rights for every state in the Union, without interference of the Union Government in their internal affairs. 8 states (Kachin, Chin, Karen, Karenni, Mon, Arakan, Shan and Burma) should have equal status to form the Union. There should be an equal number of candidates from every state to participate, both in the Union Government and in the Parliament.

These proposals for the revision of the constitution were strongly opposed not only by the Burmans in power but also by the opposition groups. They read the equality demands of the Shans in the government, administration and military as a threat to their superiority. In their opinion, the domination of Burmans over the non-Burmans must not be questioned.

The Burmese rejection of the federal proposal prompted the Shan leaders to take a radical stand, which made them issue the following position: "All we want is to establish a true and peaceful Union and that is why we are proposing the amendments of the constitution, so that each state would have equal status. But the AFPFL leaders and all Burmese leaders have no desire to establish a true and peaceful Union. We joined the independence struggle to be free from the British. We have no desire to be free from the British only to become Burmese slaves. If there in no reform, it will be impossible for us to be part of the Union. We will secede from the Union, according to our rights enshrined in the 1947 Constitution".

The 2nd and final discussion (the 3rd conference was to be on the 7th March 1962) for the Federal Law took place in the hall of the Burma's Broadcasting Station (BBS), Rangoon on the 1st March 1962. All the Shan and ethnic leaders, Burmese leaders both from the leading and the opposition parties were present. In the event, the conference never completed its work. Because, early on 2nd March, just after midnight had passed, General Ne Win's bren carriers fanned out across Rangoon, to over thrown the elected government and install a military dictatorship. Almost every Member of Parliament representing the Shan state, almost every Shan Saophas, most of the top civil servants in Shan State, political leaders and civic leaders were thrown into jail.

As both of them refused to sign the confession, Sao Kya Seng was executed near camp Bahtoo, northwest of Taunggyi, after hie detainment for 15 days. And Sao Shwe Thaik was poisoned to death after he was taken in for more than 8 months. Both of them refused to sign the confession, because they believed that one day the Shans would be able to restore back their birthright sovereignty. They had sacrificed their lives for the sake of our own people.

40 years have passed since the Shan leaders and the Saophas' proposal to amend the constitution, in order to establish a genuine and peaceful Union. But we were only accused by most of the Burmese politicians of being separatists, extremists, who wanted to destroy the Union. Up to the present ruling military juntas have always been against Federalism and only some Burmese opposition groups are for it. But, have they fully support supported and accepted it as yet? Even if they do, who will guarantee that they would not change their minds, when they came to power?

Shan State has never been an integral part of Burma before Independence. Only because of the Pang Long agreement, did we become part of the Union of Burma. But since this agreement has become invalid, due to the military coup and the abolition of the Union Constitution in 1962, we are, in a legal- constitutional sense, free from the contractual bonds and have nothing to do with the now defunct Union of Burma, besides that, an agreement will become invalid after 50 years. The Pang Long Agreement is now 52 years old. Thus, seeing it from this point of view, the Burmese military regime is illegally occupying our territories and we are waging a national resistance war. What else could we do, except to drive out the invaders and occupiers from our country? Do we have any other choice?

Whether we are for federalism or independence, we must fight with passion and sacrifice in whatever way we are capable. We still must fight and fight as we will, although our goals may differ: equal rights under federal rule or to live as a Free Independent State. We must, somehow, make a choice and take a stand. Our ancestors had once tried to work out a better deal within the so-called democratic frame work dominated by the Burmese. As we all know, the patience and good will of our leaders were only rewarded with imprisonment and executions. Was there any benefit for the Saophas or the Shan people?

There is an old saying, " a person had died once was afraid of the darkness in the coffin". And we had died once.

At this moment, we are an occupied nation and the Burmese military regime is colonizers. Given this situation, why should we fight for only half of what we want with all the sacrifices of our ancestors, suffering of our people and loss of human dignity, still with no end in sight? Because of all this, the Shan State people is in favor of achieving independence. In the opinion of Shan State people, federalism would not be able to satisfy their needs and values. And it is time to protect our land, people, culture and tradition. Every able body living within Shan State has a duty to drive the invaders out of our land, so that we all could live in peace and taste our long lost freedom. We sincerely believe that the desire to be free as a people is a justified struggle which could not be negotiated. Is there anything else left, apart from "Independence" to achieve freedom?