Introduction: Federal Democracy and its Core Values
Federal democracy emphasizes the equitable distribution of power among various autonomous regions or states. Its hallmarks include representation, local governance, and respect for diversity, particularly in areas marked by ethnic and cultural pluralism. It is a system designed to ensure inclusivity, equal representation, and protection against centralized authority, fostering harmony in regions with historical grievances.
For Myanmar’s Chin State, federal democracy represents hope amidst its turbulent history of conflict and marginalization. Against this backdrop, the formation of the Chinland Council (CC) and its adoption of a constitution warrant critical scrutiny, as the document raises questions about its adherence to federal democratic ideals.
The Formation of the Chinland Council: A Controversial Beginning
On April 4, 2021, the Chinland Joint Defense Force (CJDC) was established under the leadership of the Chin National Army (CNA) to champion federal democracy. Shortly after, the Interim Chin National Consultative Council (ICNCC) was formed on April 13, 2021, comprising the Chin National Front (CNF), Chin political parties, and civil society organizations. However, by 2023, the CNF had withdrawn from these coalitions, failing to assert its dominance as intended.
The first Chinland Council Conference, held from December 4 to December 7, 2023, at Camp Victoria, culminated in the formation of the Chinland Council and the ratification of its constitution. Despite these milestones, the Chinland Council faced resistance from significant groups, such as the Chin Brotherhood and organizations like the Ngawn Union’s Council (NUC), which rejected its legitimacy and constitution.
A Critique of Key Provisions in the Chinland Constitution
The Chinland Constitution, formulated and ratified under the leadership of the Chin National Front (CNF) and its military arm, the Chin National Army (CNA), has sparked significant debate and criticism. While its stated purpose is to lay the foundation for governance in Chinland, many of its provisions reflect a bias toward centralized power under the CNF/CNA, undermining federal democratic ideals. Below, the key provisions are analyzed in detail.
1. Usurping ICNCC’s Authority
Chapter 10, Article 96 of the Chinland Constitution states that upon the ratification of the Chinland Constitution, the Chinland Council (CC) will take over the duties and responsibilities of the Interim Chin National Consultative Council (ICNCC).
The ICNCC was established as a broad-based coalition that included political parties, civil society organizations, and community leaders to ensure diverse representation in decision-making. By subsuming its authority, the Chinland Council effectively eliminates an inclusive platform and replaces it with a body primarily dominated by the CNF.
This move lacks transparency and is seen as a unilateral decision, raising questions about its legitimacy. The lack of consultation or consensus-building among other stakeholders exacerbates concerns that the CNF is consolidating power for its own benefit rather than fostering a participatory governance structure.
The provision reduces representation from diverse political and ethnic groups, thereby undermining trust in the governance process by sidelining established platforms of dialogue. This exclusionary approach risks alienating key stakeholders, which could ultimately lead to further fragmentation within Chin society.
2. Reserved Seats for CNF Members: Undermining Representation
Chapter 3, Article 26(b) of the Chinland Constitution reserves 27 seats in the Chinland Council for members of the Chin National Front (CNF).
The reservation of nearly one-third of the council seats for members of the CNF, an unelected military organization, contradicts the principle of representational democracy. This provision institutionalizes a disproportionate allocation of power, privileging the CNF over other political and social factions.
Federal democracy emphasizes governance by representatives elected through free and fair elections, ensuring accountability to the people. By reserving seats for CNF members, the Chinland Constitution undermines this principle, creating an imbalance that marginalizes non-CNF voices.
The provision erodes the democratic principle of accountability, as CNF members are not directly elected by the people, thereby creating a perception of favouritism that could fuel resentment among excluded groups. This approach ultimately weakens the legitimacy of the Chinland Council as a representative governing body.
3. Monopoly Over Armed Forces: Restricting Pluralism
Chapter 1, Article 9 of the Chinland Constitution declares the Chin National Army (CNA) as the sole national armed force of Chinland and prohibits other armed groups.
The Chinland Constitution’s decision to centralize military authority under the CNA excludes other armed groups that have played significant roles in the Chin resistance. Organizations such as the Chin National Defense Force (CNDF), People’s Defense Force (PDF) Zoland, and Maraland Defence Force (MDF) have historically contributed to the struggle for Chinland’s autonomy and security.
The monopoly granted to the CNA not only marginalizes these groups but also fosters an atmosphere of distrust and competition. CNA leaders, such as Col. Solomon, have openly threatened to dismantle other armed groups, intensifying divisions and undermining the potential for collaborative security arrangements.
The provision concentrates power in a single military entity, bypassing the checks and balances that are critical to federal democracy. This centralization risks internal conflict, as marginalized armed groups may resist disarmament or the authority of the CNA. Furthermore, it undermines trust and cohesion among Chin factions, hindering efforts to build a united front.
4. Partisan Symbolism: Adopting the CNA Flag
Chapter 10, Article 103 of the Chinland Constitution designates the CNA flag as the official flag of Chinland.
National symbols hold significant importance in uniting diverse populations and fostering a shared identity. By adopting the CNA flag as the national symbol, the Chinland Constitution aligns the identity of Chinland exclusively with the CNF/CNA, sidelining other communities and groups.
This decision is particularly problematic in a multiethnic society like Chinland, where inclusivity is paramount. The exclusive use of a partisan symbol risks alienating those who do not identify with the CNF/CNA, further deepening divisions within the region.
The provision undermines inclusivity by associating national identity with a single group, alienating citizens and factions who feel excluded from the symbol’s representation. This exclusivity fails to promote unity, which is a critical element in federal democratic governance.
5. Language Policy: Imposing Hakha as the Common Language
Chapter 10, Article 102 of the Chinland Constitution establishes Chin (defined as Hakha dialect), Burmese, and English as the official languages of Chinland.
While promoting a common language can enhance communication and governance, the imposition of Hakha as the primary official language disregards the linguistic diversity of Chinland. The Chin State is home to numerous ethnic groups, each with its unique dialects, including Falam, Tedim, and Mara, among others. Mandating the use of Hakha in schools and official settings marginalizes these groups and risks cultural erasure.
Federal democracies typically embrace linguistic diversity, adopting multilingual policies that respect and preserve the cultural heritage of all communities. The Chinland Constitution’s approach to language policy fails to reflect this inclusivity.
The provision marginalizes speakers of non-Hakha dialects, fostering resentment and feelings of exclusion. It threatens the preservation of smaller dialects and their associated cultural identities, while also creating barriers to participation for communities that are less familiar with Hakha.
Recommendations for Aligning with Federal Democratic Ideals
To gain legitimacy and foster unity, the Chinland Council must address the constitution’s shortcomings. Key recommendations include:
- Promote Democratic Representation: Allocate council seats through elections rather than reservations for specific groups.
- Foster Pluralism in Security: Allow for the coexistence of multiple defence forces representing diverse Chin interests.
- Adopt Inclusive Symbols: Design national symbols that reflect the collective identity of all communities living in Chin state.
- Encourage Linguistic Diversity: Implement policies that promote multilingual education, respecting all major languages and dialects in the state.
Conclusion: A Call for Inclusive Governance
The Chinland Council’s constitution, as it stands, prioritizes the interests of the CNF/CNA over the principles of federal democracy. By centralizing power, restricting pluralism, and imposing partisan policies, it risks deepening divisions within Chin society. For Chinland to achieve sustainable peace and development, its governance framework must be inclusive, democratic, and reflective of its diverse communities. Only through genuine representation, shared power, and mutual respect can Chinland build a future rooted in unity and federal democratic values.
