Union Accord Part I (Pyidaungsu Accord)

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Country/entity: Myanmar
Region: Asia and Pacific
Agreement name: Union Accord Part I (Pyidaungsu Accord)
Date: 29 May 2017
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Myanmar Conflict (1948 - )
Internal conflict, mostly along ethno-political fault lines, has been a constant feature of Myanmar since its independence in 1948. The conflict has two distinct dynamics. First a struggle between an authoritarian government and a pro-democracy opposition which has the characteristics of authoritarian conflicts; and second a stuggle between the government and ethnic armed groups which has the characteristics of an identity conflict. The two oldest and strongest militias fighting the government are the Karen National Union (KNU), which has remained active since the late 1940s, and the Kachin Independence Organisation, which was formed in the early 1960s. In total, here are more than a dozen mostly ethnic-based guerrilla groups active throughout the country. Especially in the period of junta dictatorship that lasted until 2011 the government attempted to crush the rebellions, which led to numerous human rights violations. With the start of democratic reforms in the aftermath of the 2010 elections, peace negotiations have taken place and resulted in the signing of various agreements, although conflicts remain active.
Stage: Framework/substantive - partial
Conflict nature: Government/territory
Peace process: Myanmar 21st Century Panglong Process
Parties: Signatories transcribed from original:

Dr Tin Myo Win, Government Coalition Representative

U Tun Tun Hein, Hluttaw Representative

Lieutenant General Maung Win, Representative of the Army

Pado Saw Kw Htoo Win, EAO representative

U Thu Wai, representative of political parties
Third parties: Witnesses (transcribed from original):

U Hton Phu Da Gon, representative of ethnic groups

U Kyaw Win, representative of government coalition

(reverend?) Sayadaw Talun Kye O, EAO representative

Khun Than Myint, EAO representative

U Tun Aung Kyaw, representative of ethnic political parties

Ming Tun Myaing, representative of political parties
Description: This agreement was reached as part of the 21st Century Panglong Conference. It sets out broad principles for institutional arrangement of Myanmar: federalism, democracy, and sharing of competences in economic development. The agreement also puts forward principles of equality and non-discrimination, and affirms gender equality in land ownership and management.

Agreement document: MM_170529_Union Accord Part I.pdf (opens in new tab) | Download PDF
Agreement document (original language): MM_170529_37 Basic Federal Principles of Union Accord Part 1_BU.pdf (opens in new tab)| Download PDF

Main category: Page 3:

Social Sector Agreement
(May 29,2017)

[...]

(3)       To boost the socioeconomic condition and to effectively safeguard the rights and privileges of the aged, the disabled, women and children regardless of the race, religion and wealth.

Page 3:

Social Sector Agreement
(29 May 2017)

[...]
3. Defend the fundamental rights of the old, handicapped, women and children without discriminating in race, religion, rich or poor and to work for the development of their social life.

Page 3-4:

Land and natural environmental sector agreement
(29 May 2017)

[...]

Ownership Right
7.    All nationals have a right to own and manage a land in accordance with the land law. Women and men have equal rights.
Management Right
8.    Both women and men have equal rights to manage the land ownership matters in accordance with the land law.

Women, girls and gender

Participation: No specific mention.
Equality: Equality→Social equality
Page 3:
Social Sector Agreement
(May 29,2017)
[...]
(3) To boost the socioeconomic condition and to effectively safeguard the rights and privileges of the aged, the disabled, women and children regardless of the race, religion and wealth.

Page 3:

Social Sector Agreement
(29 May 2017)

[...]
3. Defend the fundamental rights of the old, handicapped, women and children without discriminating in race, religion, rich or poor and to work for the development of their social life.

Page 3-4:
Land and natural environmental sector agreement
(29 May 2017)
[...]
Ownership Right
7. All nationals have a right to own and manage a land in accordance with the land law. Women and men have equal rights.
Management Right
8. Both women and men have equal rights to manage the land ownership matters in accordance with the land law.
Particular groups of women: No specific mention.
International law: No specific mention.
New institutions: No specific mention.
Violence against women: No specific mention.
Transitional justice: No specific mention.
Institutional reform: No specific mention.
Development: Development→General
Page 3:
Social Sector Agreement
(May 29,2017)
[...]
(3) To boost the socioeconomic condition and to effectively safeguard the rights and privileges of the aged, the disabled, women and children regardless of the race, religion and wealth.

Page 3-4:
Land and natural environmental sector agreement
(29 May 2017)
[...]
Ownership Right
7. All nationals have a right to own and manage a land in accordance with the land law. Women and men have equal rights.
Management Right
8. Both women and men have equal rights to manage the land ownership matters in accordance with the land law.
Implementation: No specific mention.
Other: No specific mention.

Union Accord Part I, Pyidaungsu Accord, 21 Century Panglong 2nd Session.

1/ Looking forward to non-disintegration of the Union, non-disintegration of national solidarity and perpetuation of the sovereignty, based on freedom, equality and justice, the Union Peace Conference—21st Century Panglong 2nd session was held at Nay Pyi Taw from 24th May 2017 to 29th May 2017 for building up the Union in harmony with the Panglong spirit, based on democracy and federalism which guarantee democracy, national equality and self-determination, in accord with the outcomes of the political dialogues.

2/ In this Conference, proposals acquired from discussions at different levels made in groups or in sectors over principles and proposals submitted by Union Peace Dialogues Joint Committee have been agreed as part of the Pyidaungsu Accord.

3/ Part 1 of the Pyidaungsu Accord approved and signed in this conference and further parts of the agreements to be achieved in imminent different levels are to be combined to be signed as the Pyidaungsu Accord.

4/ Part 1 of the Pyidaungsu Accord signed in this conference has

(A) 12 agreements on principles of political sector,

(B) 11 agreements on principles of economic sector,

(D) 10 agreements on principles of land and natural environment sector, altogether 37 agreements.

These are described in Appendix—(A) (B) (C) & (D).

5/ The above-said agreements have been signed by group leaders and witnesses in the Union Peace Conference—21st Century Panglong 2nd session as the part 1 of Pyidaungsu Accord under clause 20(E) of the Nationwide Ceasefire Agreement.

Appendix (A)

Agreement of Principle on Political Sector

(29th May 29, 2017)

Principles to be based in Federalism

1/ The Sovereign Power— The Sovereign Power of the Union is derived from the citizens and is in force in the entire country.

2/ Exercise of Sovereignty– The 3 branches of the sovereign power of the State, namely legislative power, executive power and judicial power are separated to the extent possible, and exert reciprocal control, check and balance among themselves.

3/ Equality— Each ethnic national race is must have equality in politics and race, and simultaneously must have the right to keep, protect and upgrade their languages, literatures, traditions and cultures.

4/ Principle on Federal Union (Organization & Division of Power)

(A) The State must be set up as the Union based on democracy and federalism.

(B) The Union based on democracy and federalism must be formed by Regions and States.

NB Regions and States must have equality.

As regards naming, it will be discussed later.

(D) The 3 branches of the sovereign power of the State, namely legislative power, executive power and judicial power must be divided and entrusted to the Union, Regions, States and Self-administered Regions and areas.

The Constitution must divide legislative powers and associated powers among the State, Regions, States and Self-administered Regions and Areas.

(E) Legislature power, executive power and judicial power must be entrusted to Regions & States.

Region and State Hluttaws must be allowed to be set up for exercising legislative power, with Region & State Cabinets for exercising executive power and Region & State Supreme Courts for exercising judicial power in accordance with the authorities conferred upon by the Union Constitution.

(F) Union Government, Region and State Cabinets must have the right of enjoying taxes collected and development projects and resources, according to laws.

(G) Separate and independent tribunal on State Constitution must be set up for dealing with disputes on Constitution among Union and Regions and States or among Regions and States.

(H) Multi-Party Democracy

(A) Multi-Party democratic system must be practised.

(B) Free and fair elections must be held in accord with the prescriptions included in the Constitution.

Policy and Agreement on Economic Sector

(29 May 2017)

Basic principles for Federal Economy

1. Effective implementation of market economy

(a) To draw firm policy, law , by-law, rules and regulations at every level such as Union, Regions and States and Self-administered Regions/Zones and promulgate them in order to be able to implement the market economy effectively.

Remark:

The governing body of self-administered Regions and Zones has to carry out if there appears policy, laws, by-laws, rules and regulations which they have rights to draw and promulgate.

(b) To target to alleviate the poverty, to raise the living standard of the people, to narrow down the socioeconomic gap between the rich and the poor and finally aim to achieve sustainable development in promoting the private sector of national economy in line with the policy, law and by-law already set before.

2. To promulgate the law that will deter the monopolization of economy by a person or an organization.

3. To take necessary actions to provide equal opportunities for the economic development in the respective Union, Regions and States and self-administered Regions/ Zones.

4. To allocate the national budget in a fair and equitable manner in accordance with the Constitution between the Union Government and Regions and States Governments and Governments of Self-administered Regions/ Zones.

5. To share the management rights in economic affairs among the Union Government, Regions and States Governments and Governments of Self-administered Regions/ Zones in accordance with the Constitution.

6. To formulate and implement short-term, medium-term and long-term economic projects with transparency, accountability and responsibility.

Social Sector Agreement

(May 29,2017)

(1) To lay the program systematically that can forge the durable solution for the internally displaced people and refugees due to natural disasters, human activities and armed conflicts without discrimination by following the international norms of human rights.

(2) To create the conditions for the internally displaced people and refugees due to natural disasters, human activities and armed conflicts to be able to settle and live in their home land or at any other place safely and with due regards.

(3) To boost the socioeconomic condition and to effectively safeguard the rights and privileges of the aged, the disabled, women and children regardless of the race, religion and wealth.

(4) To prevent and fight against the drug trafficking by laying the plan and implementing it considering the task a national issue pertaining to politics, security and rule of law.

Principles for Regional Development

(1) To draw and implement the Regional Comprehensive Development Plans by coordinating among the Union Government and Regions and States Governments and Governments of Self-administered Regions/ Zones for the development of human resources and socioeconomic development.

Remark:

To undertake the tasks without going against the laws and principles laid by the Union Government.

(2) To draw the suitable plans and programs that can attract domestic and international investment in compliance with the prevailing law and implement it for the socioeconomic development of Regions and States and Self-administered Regions/ Zones.

Social sector agreement (29 May 2017)

1. Systematic programs to be set-up and implemented to achieve a long-term durable solution for refugees and internally displaced persons caused by armed conflicts, man-made and natural disasters in accordance with international norms and respect for human rights.

2. Enable refugees and internally displaced persons caused by armed conflicts, man-made and natural disasters to return to their place of origin or settle to other places in dignity and safety.

3. Defend the fundamental rights of the old, handicapped, women and children without discriminating in race, religion, rich or poor and to work for the development of their social life.

4. Setup programs as national duty to effectively prevent and eradicate matters relating to narcotic considered to be a national, political, security and rule of law problem.

Land and natural environmental sector agreement

(29 May 2017)

1. A countrywide land policy that is balanced and support people centered long-term durable development.

2. Based on justice and appropriateness

3. A policy that reduce central control

4. Include human rights, international, democracy and federal system norms in drawing up land policy.

5. Policy on land matter should be transparent and clear.

6. In setting up policy for land development, the desire of the local people is a priority and the main requirements of the farmers must be facilitated.

Ownership Right

7. All nationals have a right to own and manage a land in accordance with the land law.

Women and men have equal rights.

Management Right

8. Both women and men have equal rights to manage the land ownership matters in accordance with the land law.

9. If the land right granted for an original reason is not worked on in a specified period, the nation can withdraw the granted right and concede it to a person who will actually do the work.

Preventive Program

10. To aim toward protecting and maintaining the natural environment and preventing damage and destruction of lands that were social, cultural, historical heritages and treasured by ethnic nationals.