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Ardeth Maung Thawnghmung and YadaNa
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Objectives Roles and responsibilities of NRAMs Processes that led to greater recognition and enhancement of their roles, privileges The implications this expanded role has on minority rights
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Protection of citizens in multicultural settings Individual rights Freedom of speech, association, and religious practices for individuals regardless of group membership or ethnic or religious affiliation Minority/ group rights Provision of leverages for culturally disadvantaged minorities to create level playing field (1) self- government rights (2) multicultural rights –(3) special representation rights
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Provision of individual and minority/group rights in 2008 constitution Individual Rights (chapter 8); Article #s 348, 349, 354, however, the rights can be revoked when the violate laws “enacted for Union security, prevalence of law and order, community peace, and tranquility or public order and morality” (360 b, 365, 383) Group/Minority Rights State governments; six self-administrative areas; reserved seats for NRAMs ( represent minority groups who constitute 0.1 percent of populations of state/region)
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General profile Most of them are USDP members (22/29) Have worked as educators, General Administrators, entrepreneurs, lawyers, military/police (one community militia, and one non-state armed group) Predominantly men (only one woman)
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NRAMs StateArea square kmNumber of NRAM Shan155,801.37 Kachin89, 041.84 Kayin30,3833 Mon12,296.63 Sagaing93,704.82 Ayeyarwaddy35,031.82 Yangon10,276.72 Kayah11,731.51 Rakhine36,7781 Magwe44,820.61 Mandalay37,945.61 Bago39,402.31 Tanintharyi44,344.9 Chin36,018.80 Total 29
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Numbers of NRAMs representing each group GroupsNumber Bamar5 Kayin5 Chin3 Shan3 Rakhine2 Lisu2 Pao2 Kachin1 Rawan1 Lahu1 Kayan1 Mon1 Inn thar1 Aka1 Total29
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The role and responsibilities of NAMs NRAMs meeting with the president Represent the interest of respective communities ( interpretations vary) Elected for regional/state legislatures and members of regional/state executive branch
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Group Accomplishment Protection of minority rights Expanded rights and privileges comparable to that of regional ministerial positions (Presidential Decree on 25 th April, 2014). Teaching of minority languages in government schools (during off school hours) Promulgation of protection of minority rights
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Failed collective attempts To mediate between government and ethnic armed groups during ceasefire talks To insert communal land ownership and custom in national land use policy
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Explaining variation in individual performance measurement Official posts held before assuming NRAM Individual personality and predisposition Relationship with respective regional/state chief ministers Party affiliation Nature and composition of communities they represent Other profile assignments Preservation of language and culture (celebrating new year and national day; teaching of ethnic languages in government schools) Mediating between armed groups and government Advocacy (grievances) Humanitarian and development projects (school, clinics, micro businesses)
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Tentative conclusion Dejure powers are the same, but de facto jurisdiction varies Offers a case study demonstrating how some individuals and groups have been able to expand their rights/ privileges, roles and responsibilities within current constitution Remains unclear whether these expanded roles are to enhance one’s privilege or serve the interests of communities
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