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 22 | Brenner and Schulman Myanmar’s Top-Down Transition: Challenges for Civil Society

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