Vol. 50 No. 3 September 2019 ‘Accountability Amidst Fragility, Conflict, and Violence: Learning from Recent Cases’
Jones 2014: 792). Bureaucratic reforms established the military’s
regional commands as the de facto government in border provinces,
implementing the so-called ‘Programme for the Progress of the Border
Areas and National Races Development’ (Smith 1999: 426–27).
First introduced in 1989, this top-down development programme
was later renamed as the Ministry of Border Affairs and is locally
known as Na Ta La. Its stated objective is to develop ethnic minority
regions, mainly through the expansion of physical infrastructure
and the state bureaucracy itself (Lambrecht 2008). A major part of
‘development’ funding has been extorted from local communities
as so-called ‘people’s contributions’ in forms of forced labour, cash,
and material (ibid.: 158). Top-down economic development, state
territorialisation, and counterinsurgency have since merged into a
highly securitised development agenda under direct control of regional
Tatmadaw commanders. The latter have used political and economic
powers to establish their own fiefdoms (Lambrecht 2008; Meehan 2015).
Importantly, the ceasefire politics of the 1990s and early 2000s
weakened EAOs and enabled the Tatmadaw to encroach into previously
off-limit territory to an unprecedented extent (Brenner 2019: 40–46).
Beginning in 2008, this emboldened the military to attempt to bring
ceasefire movements under direct Tatmadaw control as Border Guard
Force (BGF) militias. This plan largely failed and instead contributed
to a new round of escalation with movements that previously signed
ceasefires, including the Kachin Independence Organisation (KIO).
Yet, it signified that the power balance between rebel borderlands and
the state centre had effectively changed in favour of the latter. The
marginalisation of opposition has created a sense of security among
Myanmar’s military rulers that was crucial for their decision to initiate
reforms in 2011 (Jones 2014). Despite its withdrawal from day-to-day
politics in central Myanmar, the military has remained the country’s
most powerful institution.
Per the 2008 constitution, civilian authorities have no oversight or
influence over the military. Its statutes cement the role of the military
as the guardian of the nation and enable the Tatmadaw to ‘participate
in the national political leadership of the State’ (Constitution of the
Republic of the Union of Myanmar 2008: 6f). The constitution also
gives the Commander-in-Chief excessive authority to intervene in case
of a state of emergency that could ‘cause disintegration of the Union,
disintegration of national solidarity and loss of sovereign power or
attempts therefore by wrongful forcible means such as insurgency or
violence’ (ibid.: 40c). Military institutions are granted excessive autonomy
both with regard to budget, the appointment of military personnel, and
of drafting their own defence and security policy through the powerful
National Security and Defense Council (Maung Aung Myoe 2017: 262).
Crucial ministerial portfolios of defence, home, and border affairs are
delegated to the Tatmadaw and 25 per cent of the seats in both the
Union parliament and the state and regional legislative assemblies are
reserved for Tatmadaw delegates, thereby preventing constitutional
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Brenner and Schulman Myanmar’s Top-Down Transition: Challenges for Civil Society