Does Burma need an Exile Government? 

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 _ by Tai Samyone

Introduction

Burma has had a government in exile since 1990, when several elected members of parliament went into exile after the SPDC failed to hand over power to the government elected by the people. As time passes and there still seems no progress in the current stalemate situation, it is worthwhile to review how well the NCGUB is operating and consider what changes are appropriate. What is certainly apparent is that there are many other pretenders to the throne in the exile community, not only for the national government but also for breakaway ethnic states.

What is it? 

A government in exile is a political group that claims to be a country’s legitimate government, but for various reasons is unable to exercise its legal power, and instead resides in a foreign country. Governments in exile during wartime displacement usually operate under the assumption that they will one day return to their native country and regain power. Governments seeking to bring about change in their country or establish a separate national entity might cease to function once their goal is achieved. (according to Wikipedia)

Actions of governments in exile

International law recognizes that governments in exile may undertake many types of actions in the conduct of their daily affairs. These actions include:

• becoming a party to a bilateral or international treaty
• amending or revising its own constitution
• maintaining military forces
• retaining (or “newly obtaining”) diplomatic recognition by sovereign states
• issuing identity cards
• allowing the formation of new political parties
• instituting democratic reforms
• holding elections
• allowing for direct (or more broadly-based) elections of its government officers, etc.

However, none of these actions can serve to legitimatize a government in exile to become the internationally recognized legal government of its current locality. By definition, a government in exile is spoken of in terms of its native country, hence it must return to its native country and regain power there in order to obtain legitimacy as the legal government of that geographic area.

Examples of other GIE

During WW2, the governments of several occupied countries established governments in exile (e.g. France), working with allied armed forces and governments during the liberation, becoming part of the new governments after the war.

One of the oldest GIEs is that of the Belarus Democratic Republic, declared in 1918 when the Russian empire fell apart, and still in existence, considering that the present regime are not representative of the desires of the people of Belarus (along with many western governments). In the current world political climate, they may still be around for their centenary!

The Republic of South Moluccas was declared during the independence struggle in the 1950s for Indonesia, but never ratified by international agreement and following a lengthy rebellion is quietly fading away.

Perhaps one of the largest and well established GIEs is the exile government of Tibet. The Central Tibetan Authority was established in Daramsala with the acquiescence of the Indian government to provide local government for the (still growing) Tibetan exile community and to operate internationally to negotiate with China for the autonomy of Tibet for Tibetans (and not the pre-existing independence of 1949). The CTA has elected officials and while Tibetan exile politics have their disagreements and conflicts, the CTA is the considered by many international diplomatic players as the central body to involve in questions regarding Tibet.

Questions for Burma’s GIE

With the SPDC in Burma pushing ahead with plans for their pro-military constitution and referendum for a new puppet civilian government, there is an urgent need for the exile community to consider their response in the short term (i.e. until real democracy, freedom and free elections can be conducted).

So, the questions for pro-democracy activists, especially those in exile, is that with the need to form a new rival government in exile, in competition to military regime, several issues need to be addressed:-

• Is it a good idea to form a new rival government in exile?

I think it is a good idea. There is a need to review how the current GIE can be renewed to be more reflective of the exile community and the desires of the people of Burma ((i.e. both inside and outside).

• Will a new rival government in exile be relevant to current political situations inside and outside the country?

If it isn’t relevant it will have failed. The new GIE (or resurrected NCGUB) must appeal to all organisations and political groups, hold the esteem of the people of Burma and of the exile community, and of the international community.

• Will a new rival government in exile be able to make any political impact significantly?

Implicit in the role for the GIE will be recognition from sovereign governments and international bodies such as the UN, EU, ASEAN, etc. As a key player, the GIE should work with the UNSC to become involved in dialogue with the SPDC on the process of transition.

• Will a new rival government in exile be of any benefit to ordinary people in Burma?

If the GIE is to be relevant to the politics of Burma, it must reflect the genuine needs and desires of ALL the peoples of Burma, both in the heartlands of the SPDC and the borderlands, the ethnic states and areas where freedom fighter armies (SSA-S, KNU) rule.

• Will the people of Burma keenly support a new rival government in exile?

This is a difficult question to answer, as privately, people in Burma want change, but publicly many organisations and ceasefire groups are pressured into making denouncements of anyone and any organisation that opposes the regime. The purpose of the GIE is to seek support from all the people of Burma.

• Can the formation of a new rival government in exile derail the negotiations between Daw Aung San Suu Kyi and military regime?

The GIE should reflect the entire peoples of Burma as well as encompass the respect of the world and the agreement of the regime to take part in this dialogue. This will need considerable diplomatic ability!

• If a new rival government in exile is to be formed, how it should be formed and what kind of persons should be included in it?

If the GIE is be respected by all and make any claim to democratic principles, then as a minimum it will need to hold some form of election of all those able to make their views known in a free and un-coerced manner (and first of all establishing who is eligible to vote). The government will operate like any normal government, with ministries for internal and external affairs, defence (liaison with state and non-state armed forces) – a government that cares about the exile communities and the people of Burma – taking interest and offering assistance for refugees and those who fall foul of the law, as well as acting on the main purpose of seeking a swift transition to genuine civilian rule.

Conclusion

Burma does need an all-inclusive government in exile to give support to the exile community, to develop a broad-based consensus on the way forward, to adapt to the times and work tirelessly in pursuit of the main goal – liberation from tyranny. The GIE for Burma has a tough job on its hands, to win support and respect from the diverse, conflicting opinions and attitudes of Burma’s exile communities, the disparate ethnic groups, and the SPDC. I wish them well and look forward to a renewed rejuvenated government in exile that achieves it goal and ceases to be necessary!

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References & Notes

Government in exile

http://en.wikipedia.org/wiki/Government_in_exile

Central Tibetan Administration

The CTA exercises many governmental functions in relation to the Tibetan exile community in India, which numbers around 100,000. The Administration runs schools, health services, cultural activities and economic development projects for the Tibetan community. It also provides welfare services for the hundreds of Tibetans who continue to arrive in India each month as refugees after having crossed from China, usually via Nepal, on foot. The government of India allows the CTA to exercise effective jurisdiction in these matters over the Tibetan communities in northern India.

http://en.wikipedia.org/wiki/Central_Tibetan_Administration

Central Tibetan Administration

http://www.tibet.net/

Belarusian National Republic

http://en.wikipedia.org/wiki/Belarusian_National_Republic

Belarusian Democratic Republic

http://www.radabnr.org/indexen.html

Republic of South Moluccas

http://en.wikipedia.org/wiki/South_Moluccas

National Coalition Government of the Union of Burma

http://www.ncgub.net/