by Pressenza journalist Perfecto Caparas.

Mr. Vahnie serves as the Executive Director of the Burmese American Community Institute (BACI), a leading voice and advocate for democracy and development in Myanmar. He holds a Master’s of Public Affairs (MPA) degree from Indiana University Bloomington where he did a dual specialization in Comparative International Affairs and Policy Analysis.

Perfecto Caparas: Can you please tell us about yourself? Which part of Burma were you from? How did you end up in Indiana?

Elaisa Vahnie: Thank you for this opportunity. I was born and grew up in a tiny village in the Maraland, Chin State, western Myanmar—one of the most remote parts of the world—where my family and my villagers did not have access to proper education nor drinking water. I was forced to leave my native country in 1996 to escape arrest due to my participation in the pro-democracy movement. But I was so fortunate to become a recipient of a scholarship funded by the U.S. Department of State. This scholarship program was administered by the U.S. Information Agency and then Indiana University Bloomington. After many years of having participated in the Burmese struggles for democracy and human rights, and recognizing new challenges and opportunities, I decided to stay to serve and help transform the rapidly growing Burmese population in Indianapolis into a vibrant and productive community and to work with Washington to promote stronger ties between the U.S. and Myanmar. I later discovered my late uncle John Mang Tling —who was an elected Member of Parliament and a parliament secretary of the first democratic Government of Burma led by U Nu — was the first Burmese to be resettled in Indianapolis.

PC: What was your reaction when you first learned about the situation in Burma?

EV: It was beyond one’s imagination —I was shocked, deeply distressed to learn the Burmese military had seized power early morning of Feb 1. But, this was not surprising to me. I have been, since 2017, asking the UN not to repatriate the Burmese refugees in Malaysia, India and Thailand because I always thought the military could come back and take over power by carefully observing the indicative behavior of the Burmese military leaders. Privately, I have been asking U.S. officials to prepare measures needed to prevent this from happening, and if in case the coup happened, to swiftly utilize all the leverage that the US has.

PC: What exactly is going on in Burma right now? What is your own assessment of the situation?

EV: Well, sadly, the situation in Burma is quickly escalating into a total ‘war zone’—massacre and killings. Hundreds of thousands of Burmese citizens who have taken peacefully to the streets to protest the coup have been responded with increasingly inhumane and brutal displays of force by the military junta and the police force, engaging in murder, persecution, torture, and imprisonment of innocent people who simply are asking for their freedom. Credible reports indicate over 100 innocent people have died in defense of their freedoms since the Feb 1 coup, March 14 being one of the bloodiest days yet. I fear the Burmese military may have committed crimes against humanity. But these gruesome actions are a reflection of the impunity culture deeply embedded with the Burmese military who have used arbitrary arrest, rape, torture as weapons of fear, and literally murdered and killed thousands of ethnic minorities in the past many decades.

PC: What factors triggered the military’s declaration of a state of emergency?

EV: The Myanmar military staged a coup d’état on February 1 following the country’s general elections on November 8, 2020 that resulted in the National League for Democracy (NLD) party, led by Daw Aung San Suu Kyi, securing a landslide victory. They detained Ms. Suu Kyi, President U Win Myint, Vice President U Henry Van Thio, and other civilian leaders.

The coup leaders claimed the election was fraudulent. However, the claim was dismissed by the country’s electoral commission. Local and international election observers, including the Carter’s Center, have billed the November election as free, fair and credible, and disagreed with the military’s claims of widespread irregularities. But Snr-Gen. Min Aung Hlaing would not accept the election results, declared a state of emergency and took over the power.

By the way, there are strikingly similar patterns of developments we saw in the November elections in the US. The only difference was the democratic institution in the US is strong enough to stop the insurrection in January whereas the Burmese military succeeded in their goal with guns in February.

But that was the immediate reason the military gave. However, they have always wanted to retake power since 2015 when they realized they had been defeated by Daw Aung San Suu Kyi’s NLD party unexpectedly in the general elections that year which was instituted by the 2008 constitution they themselves drafted. The 2008 constitution was designed by the military with these three key features: 1) automatically allocate 25 percent of parliament seats that grant the military veto power in the parliament, to change any charter it requires more than 75 of the votes;

2) inserting the 59(f) charter that essentially prevents someone who has foreign blood relations to hold Presidential Office -designed to make sure they contain the political popularity and influence of Ms. Suu Kyi; and,

3) a president they support, would be nominated from a simple majority that would always be achievable, in their calculation, by combined seats of the military proxy party, Union Solidarity and Development Party (USDP) and the military uniforms themselves, plus Vice President appointed by the Commander-in-Chief, never mind the ministers of the most powerful ministries defense, home, and border are also directly appointed by the Commander-in-Chief, with the structure of the National Defense and Security Council that all were designed to cement the military’s exceptional power permanently.

However, their political calculations through the 2008 constitution, “their masterpiece”, mainly motivated by the utmost desire to protect their security, power and own mercenary self-interests proved to be wrong in 2015 and again in 2020 general elections results.

Now, Snr-Gen. Min Aung Hlaing felt that they had no choice but to take power back.

But, he had made a big mistake this time. Snr-Gen. Min Aung Hlaing is now facing the very real problems that Snr-Gen. Than Shwe and he himself wanted to avoid prior to 2010. One would think they would be very worried now that their coup may fail and that it could even lead to the total collapse of the military institution.

PC: What are the differences between the ongoing protests and the so-called Saffron Revolution in 2007?

EV: The 2021 Spring Revolution is different from the 1988 nationwide uprising or the Saffron Revolution in 2007. The people of Myanmar this time around are effectively utilizing their own power coming from the people themselves through daily protests and the Civil Disobedience Movement (CDM) designed to cripple the junta. They are combining the leadership and experiences of the 1988 and 2007 uprisings, with the new, young generation with talents, creative and innovative thinking and actions, with full utilization of 21st country technological and media skills, pulling diverse resources together, collaborating with all types of organizations, participated by all walks of life —with clear convictions and commitments which clearly says NO to the military dictatorship.

PC: Are there incidents in Burma that do not get reported in the press? What information do you receive directly from there which does not get reported to the press?

EV: The people are taking advantage of today’s technologies and recording every incident happening in every corner of the country. But I am now hearing from the people directly that the people across the country are preparing for self-defense against the military’s brutality by gathering any tools they possibly can. U Mahn Win Khaing Than, the acting leader of the country, in his Saturday’s video message said the civilian government would “attempt to legislate the required laws so that the people have the right to defend themselves” against military crackdown.

PC: How does the Burmese diaspora regard the military’s declaration of a state of emergency?

EV: The Burmese diaspora see the military actions as unlawful, unfair, and unacceptable, and they have joined the democratic forces to strongly condemn the illegal military regime and urged them to return the power to the elected civilian government.

PC: What is BACI’s position on the military’s declaration of emergency? How many Burmese are currently in Indiana? The rest of the US?

EV: An estimated 300,000 Burmese residing in the US —34,000 are in the state of Indiana and 24,000 calling Indianapolis their new home — are united against the Burmese military regime and its illegal State Administration Council (SAC). We unequivocally reject the coup, strongly condemn their actions and vehemently urge them to immediately and unconditionally release all those illegally detained including State Counsellor Daw Aung San Suu Kyi, President U Win Myint, Vice President U Henry Van Thio and others, and return the power to members of the civilian government and elected officials to fulfill their mandate without impediment. We also recognize and support the Committee Representing Pyidaungsu Hluttaw (CRPH) to remain as the legitimate governmental body of the Republic of the Union of Myanmar.

PC: What actions have the Burmese in Indiana and other parts of the US been taking to address the situation?

EV: Basically, three things:

1) organize protests and events to show solidarity with the people inside the country and raise awareness of happenings in Myanmar among our American friends,

2) conduct fundraising activities to help support the people impacted by the CDM, and,

3) engage in advocacy and coordination of strategies and policy matters with the US (the Congress and the Biden Administration), the UN, the International community, the CPRH and the Ethnic Armed Organization (EAOs) to end the military dictatorship and resume the democratic processes in Myanmar. We have formed the Free Myanmar Campaign USA which has led the formation of a coalition of US Advocacy for Myanmar that comprises more than 10 Burmese-American organizations across the US.

PC: How would you characterize the protesters in Burma and various parts of the world?

EV: The anti-coup protesters are peaceful, disciplined, and incredibly restrained themselves from instigating violence, but at the same time they are absolutely determined, defiant, hardened, and very angered now by the military’s and police force’s inhumane treatment as they have murdered over 100 innocent people with live ammunition and torture. These are their children, parents, wives, husbands, brothers, sisters, and friends. I do not see the people giving up the fight against this brutal military regime that is digging their own graves deeper and wider.

PC: Do you think the Burmese democratic forces in the country are organized and strong enough to withstand a military crackdown?

EV: When it comes to establishing a federalist democracy, all people of Myanmar, Burman, Non-Burman ethnic minorities —Chin, Kachin, Karen, Kayah, Mon, Rakhine, Shan— are united. I believe, with effective coordination among key stakeholders — the CDM participants, peaceful protesters, the people, the CRPH, EAOs, Civil Society Organizations (CSOs) with strong, unified, and substantive support from the international community, the people of Myanmar will see victory.

PC: Before the military’s declaration of a state of emergency, what democratic inroads have been achieved in Burma?

EV: We could look at the two parallel efforts to effectuate change and development: one, an attempt to achieve systemic change through constitutional reform and another through building a democratic society by investing in people and education. In the latter, in the past ten years, relatively fast-paced societal change has taken place, credits to both the people of Myanmar and the international community who supported and capitalized on the window of opportunity that helped increase the middle-class population or college-educated mass and the general population who have a chance to enjoy a taste of democracy and freedom.

Along with this societal change, Myanmar has begun to see a shift of culture from the Burman nationalistic claim to mutual recognition, mutual respect, mutual appreciation, celebratory of all people regardless of ethnicity or religious belief, reflected from the policy environment created by the leadership of Daw Aung San Suu Kyi. This means the Burman chauvinistic culture has been shifting positively toward recognizing and appreciating diversity regardless of one’s ethnic or religious background. This shift is notably visible in the streets of major cities— Yangon, Mandalay and as well as sectors.

However, an effort for systematic change has virtually completely failed. Both the peace process through the so-called “National Ceasefire Agreement (NCA)” and the legislative process did not produce any outcome. This process that encompassed nine years of talks and negotiations was a sham process—devoid of any intention for real change and honest political will—facilitated by the coup leaders themselves.

PC: What will be needed for democracy to be achieved and strengthened in the country?

EV: Myanmar’s political crisis is deeply rooted in ethnic conflict. And this ethnic conflict has to be addressed fundamentally through constitutional and institutional redesign. This reform must be based on the principles and spirit of the Panglong Agreement, which guarantees equality and the rights of all ethnic groups under a federal democratic union, with a particular emphasis on the reformation of the defense and security sector to ensure that the Burmese military is rooted out of national politics and is placed firmly under a civilian government.

The ongoing crisis offers a perfect opportunity to achieve this reform. To achieve this:

1) The people’s movement, peaceful protests, CDM movement must continue and sustain.

2) The CRPH should form a parallel national union government that brings together a coalition of the National League for Democracy (NLD), ethnic minority forces, and diverse and inclusive stakeholders, including EAOs. This interim Union Government with the support of the advisory council will coordinate effectively to produce an interim constitution ready to be used by April 1. The constitution coordination committee will need to draft and produce a full-fledged constitution in 1-2 years. At the same time, all 7 ethnic states and 7 regions should begin functioning as an administration under the federalist democracy. This interim government will allow the acting Vice President who also takes the responsibilities of the President and 4 acting Ministers of CRPH to coordinate in the crucial fronts, such as CDM, ethnic affairs, federal army or defense forces and others. All these plans need to be clear and presentable to the people of Myanmar and the international community.

3) International community with United States leadership must sustain and strengthen its support for the people of Myanmar.

President Biden swiftly condemned the coup and on Feb 11 declared a “national emergency” of the US recognizing the Burmese military actions “constitutes an unusual and extraordinary threat to the national security and foreign policy of the United States”. The US took additional measures, imposing new restrictions aimed at the military junta. At least three resolutions on Myanmar have been introduced at the US Congress. But the people of Myanmar are asking more from the US. A few steps the US and the international community can do to produce the desired outcome are:

1) Recognize and strongly support the Myanmar interim government;

2) Impose tougher, coordinated, and targeted sanctions on the military junta, coordinating with the international community especially with key stakeholders in the Indo–Pacific region and the Association of Southeast Asian Nations (ASEAN);

3) Bring forward a resolution at the UN Security Council which allows tougher measures against the coup leaders, including a global arms embargo, invoking Chapter VII authority under the UN Charter and the article of Responsibility to Protect (R2P). In case of failing to adopt such resolution at UNSC, the US and its allies—like-minded actors, such as Canada, France, UK —should consider humanitarian intervention outside the existing legal framework at the UN mechanism, including providing resources to the EOAs for self-defense;

4) Utilize UN Mechanisms, including the UN Human Rights Council, the International Criminal Court and the International Court of Justice to fully investigate and continue to hold accountable Burmese military leaders for gross violations of human rights, war crimes, crimes against humanity, or genocide;

5) Redouble humanitarian assistance for the people of Myanmar, ensuring this assistance flows directly to the hand of civilians and the most vulnerable people through the NGOs, CSOs, including through the cross-boarder delivery.

PC: What are the Burmese people’s basic demands? If the military refuses to heed those demands, what potential scenarios do you think will emerge?

EV: They are demanding the military junta to return their freedom and democracy to the people, by the immediate and unconditional release of Daw Aung San Suu Kyi and other leaders, to honor the Nov elections results, a complete reform of the constitution and establish a federal democratic Union of Myanmar based on the federalist principles and equality.

A few scenarios could emerge: the military heed the people’s demand, release all civilian leaders detained and allow democratic processes to resume as soon as possible. That is the best solution. Or the military stubbornly ignores the people’s voice and the international community’s pressure, instead intensifies its violent crackdown on peaceful protesters like they are doing as we speak, then it could end up with the most terrible situation one can imagine – the 54 million people rise up and take any arms to defend and defeat the military, all-out war with the EAOs, international humanitarian intervention, more bloodshed and more lives lost.

I do not see the people of Myanmar giving up their fight for freedom. They clearly see this is the real opportunity to break the culture of the military junta once and for all. The international community must be willing to take all means necessary to help end the military coup before more lives are lost.

About Perfecto Caparas. Associate Director of Graduate Programs, Indiana University Robert H. McKinney School of Law where he is currently pursuing his Doctor of Juridical Science degree (stated only for purposes of showing affiliation). Holds a Master of Laws degree in American Law for Foreign Lawyers (IU McKinney School of Law)  and a Master of Laws degree in Human Rights (University of Hong Kong; Honors).  Worked as a journalist of Ang Pahayagang Malaya, The Manila Times, The Philippine Post, Pinoy Gazette, UCANews and ISYU Newsmagazine. A lifetime member of the Integrated Bar of the Philippines.