Union Accord Part III (Pyidaungsu Accord)

Country/entity
Myanmar
Region
Asia and Pacific
Agreement name
Union Accord Part III (Pyidaungsu Accord)
Date
21/08/2020
Agreement status
Multiparty signed/agreed
Interim arrangement
No
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.

Myanmar Conflict (1948 - ) )
Stage
Framework/substantive - partial (Multiple issues)
Conflict nature
Government/territory
Peace process
164: Myanmar 21st Century Panglong Process
A peace process across military, NLD, and Ethnic Armed Organisation to reach progress on democracy and peace.
Parties
Dr. Tin Myo Win 
Representative of the Government Group 

Dr. May Win Myint 
Representative of the Hluttaw Group 

Lt-Gen Tin Maug Win 
Representative of the Tatmadaw Group 

Lian Hmung Sakhong 
Representative of the Ethnic Armed Organization Group 

U Thu Wai 
Representative of the Political Parties Group 

U Htone Phoo Dagon
Ethnic Representative Government Group

U Kyaw Win 
Relevant Representative of the Government Group 

Kya Sha Mwe 
Ethnic Representative Ethnic Armed Organization Group

Daw Khin Ma Ma Myo 
Relevant Representative of Ethnic Armed Organization Group 

U Zein Khan Ram 
Ethnic Representative Political Parties Group 

Nang Aye Aye Thwe 
Relevant Representative of the Political Parties Group 
Third parties
Description
This agreement between the government, the military, and ethnic armed organisations sets core principles which the implementation of the National Ceasefire Agreement is to follow, including: democracy, federalism, cultural, religious, and language rights of ethnic groups.

Agreement document
MM_200821_Union_Accord_Part_III_tr.pdf []

Agreement document (original language)
MM_200821_Union_Accord_Part_III.pdf []

Groups

Children/youth
No specific mention.
Disabled persons
No specific mention.
Elderly/age
No specific mention.
Migrant workers
No specific mention.
Racial/ethnic/national group
Rhetorical
Page 2:
9. To recognize the diversity of the background history, traditions and culture, literature, languages and national characteristics of the ethnic nationalities residing in the Republic of the Union of Myanmar, and collectively establish an icon of the Union by the citizens through a diversity of ethnics and languages.
Anti-discrimination
Page 2:
2. To prohibit discrimination based on nationality, religion, culture and gender against all the citizens residing in the Union, while ensuring equal rights.
Other
.
Religious groups
Anti-discrimination
Page 2:
2. To prohibit discrimination based on nationality, religion, culture and gender against all the citizens residing in the Union, while ensuring equal rights.
Indigenous people
No specific mention.
Other groups
No specific mention.
Refugees/displaced persons
No specific mention.
Social class
No specific mention.

Gender

Women, girls and gender
Page 2:
2. To prohibit discrimination based on nationality, religion, culture and gender against all the citizens residing in the Union, while ensuring equal rights.
Men and boys
No specific mention.
LGBTI
No specific mention.
Family
No specific mention.

State definition

State definition
Nature of state (general)
Page 2:
1. To develop the Republic of the Union of Myanmar into a Union based on democracy and federal system that assures democracy, national equality and self-determination through the outcomes of political discussions, with the aim of the non-disintegration of the Union, non-disintegration of national solidarity and perpetuation of sovereignty, based on freedom, equality and justice, and in accordance with the Panglong spirit.
[...]
3. To establish a nation where there is no misuse of religion for political purpose and where politics and religion are separated from each other.

Page 3:
12. (a) It is agreed to establish a Union based on democracy and federal system towards the realization of sustainable peace through bilateral coordination of the post-2020 stage-by-stage work programmes and step-by-step implementations adopted by the Union Peace Conference – the 21st Century Panglong.

Page 3, Stage by Stage work programmes and step by step implementation [table]
Table column 1: ´ Establishment of Union based on democracy and federal system; (Stage-1) Formulating principles for Union based on democracy and federal system; (Stage-2) Implementing Union based on democracy and federal system; (Stage-3) Strengthening Union based on democracy and federal system´
Table column 2: ´Democracy and Federal issues; Establishing federal system Administrative reform Economy and development Rights for financial sector Land and resource Developing democracy Social harmony Security reconciliation (in line with paragraph 30 of NCA)´

Page 4, Fundamental Principles to Establish a Union Based on Democracy and the Federal System
With the aim of the non-disintegration of the Union, non-disintegration of national solidarity and perpetuation of sovereignty, based on freedom, equality and justice, and in accordance with the Panglong spirit, the Republic of the Union of Myanmar will be developed into a Union based on democracy and federal system that assures democracy, national equality and self-determination through the outcomes of political discussions.

Page 4, Fundamental Principles to Establish a Union Based on Democracy and the Federal System
3. (a) Power, resource, tax and finance will be divided between the Union and regions/states in line with the federal system
(b)The three branches of sovereign pillars— legislative, executive and judiciary pillars— will be shared to the Union, regions/states, and self-administered areas. Legislative powers and joint powers among the Union, regions/states and self-administered areas will be shared in line with the Constitution.
(c) The Union and regions/states shall have the rights to exercise the divided powers on legislative, executive and judiciary sectors.
State configuration
Page 2:
1. To develop the Republic of the Union of Myanmar into a Union based on democracy and federal system that assures democracy, national equality and self-determination through the outcomes of political discussions, with the aim of the non-disintegration of the Union, non-disintegration of national solidarity and perpetuation of sovereignty, based on freedom, equality and justice, and in accordance with the Panglong spirit.

Page 3:
12. (a) It is agreed to establish a Union based on democracy and federal system towards the realization of sustainable peace through bilateral coordination of the post-2020 stage-by-stage work programmes and step-by-step implementations adopted by the Union Peace Conference – the 21st Century Panglong.

Page 3, Stage by Stage work programmes and step by step implementation [table]
Table column 1: ´ Establishment of Union based on democracy and federal system; (Stage-1) Formulating principles for Union based on democracy and federal system; (Stage-2) Implementing Union based on democracy and federal system; (Stage-3) Strengthening Union based on democracy and federal system´
Table column 2: ´Democracy and Federal issues; Establishing federal system Administrative reform Economy and development Rights for financial sector Land and resource Developing democracy Social harmony Security reconciliation (in line with paragraph 30 of NCA)´
Self determination
Page 4, Fundamental Principles to Establish a Union Based on Democracy and the Federal System
With the aim of the non-disintegration of the Union, non-disintegration of national solidarity and perpetuation of sovereignty, based on freedom, equality and justice, and in accordance with the Panglong spirit, the Republic of the Union of Myanmar will be developed into a Union based on democracy and federal system that assures democracy, national equality and self-determination through the outcomes of political discussions.
1. Democracy and federal system will be based on developing the country into a Union.
State symbols
Page 2:
9. To recognize the diversity of the background history, traditions and culture, literature, languages and national characteristics of the ethnic nationalities residing in the Republic of the Union of Myanmar, and collectively establish an icon of the Union by the citizens through a diversity of ethnics and languages.
Note: The icon of the Union represents the only consolidated Union.

Governance

Political institutions (new or reformed)
General references
Page 4, Fundamental Principles to Establish a Union Based on Democracy and the Federal System
3. (a) Power, resource, tax and finance will be divided between the Union and regions/states in line with the federal system
(b)The three branches of sovereign pillars— legislative, executive and judiciary pillars— will be shared to the Union, regions/states, and self-administered areas. Legislative powers and joint powers among the Union, regions/states and self-administered areas will be shared in line with the Constitution.
(c) The Union and regions/states shall have the rights to exercise the divided powers on legislative, executive and judiciary sectors.
New political institutions (indefinite)
Page 4, Fundamental Principles to Establish a Union Based on Democracy and the Federal System
2. A separate and independent Constitutional Tribunal will be established to settle disputes related to the Constitution between the Union and the regions/states or among the regions and states.
Constitution's affirmation/renewal
No specific mention.
Constitutional reform/making
Page 4, Fundamental Principles to Establish a Union Based on Democracy and the Federal System
5. Fundamental rights of all citizens and their duties shall be included in the Constitution. Every citizen shall have equal rights before the law and shall have equal legal protection. Law must be enacted for the rights of national races to protect their cultures, literature, languages, faiths and traditions.
Elections
No specific mention.
Electoral commission
No specific mention.
Political parties reform
No specific mention.
Civil society
No specific mention.
Traditional/religious leaders
No specific mention.
Public administration
Page 3, Stage by Stage work programmes and step by step implementation [table]
Table column 1: ´ Establishment of Union based on democracy and federal system; (Stage-1) Formulating principles for Union based on democracy and federal system; (Stage-2) Implementing Union based on democracy and federal system; (Stage-3) Strengthening Union based on democracy and federal system´
Table column 2: ´Democracy and Federal issues; Establishing federal system Administrative reform Economy and development Rights for financial sector Land and resource Developing democracy Social harmony Security reconciliation (in line with paragraph 30 of NCA)´

Power sharing

Political power sharing
No specific mention.
Territorial power sharing
Federal or similar sub-divided government
Page 2:
1. To develop the Republic of the Union of Myanmar into a Union based on democracy and federal system that assures democracy, national equality and self-determination through the outcomes of political discussions, with the aim of the non-disintegration of the Union, non-disintegration of national solidarity and perpetuation of sovereignty, based on freedom, equality and justice, and in accordance with the Panglong spirit.

Page 3:
12. (a) It is agreed to establish a Union based on democracy and federal system towards the realization of sustainable peace through bilateral coordination of the post-2020 stage-by-stage work programmes and step-by-step implementations adopted by the Union Peace Conference – the 21st Century Panglong.

Page 3, Stage by Stage work programmes and step by step implementation [table]
Table column 1: ´ Establishment of Union based on democracy and federal system; (Stage-1) Formulating principles for Union based on democracy and federal system; (Stage-2) Implementing Union based on democracy and federal system; (Stage-3) Strengthening Union based on democracy and federal system´
Table column 2: ´Democracy and Federal issues; Establishing federal system Administrative reform Economy and development Rights for financial sector Land and resource Developing democracy Social harmony Security reconciliation (in line with paragraph 30 of NCA)´

Page 4, Fundamental Principles to Establish a Union Based on Democracy and the Federal System
With the aim of the non-disintegration of the Union, non-disintegration of national solidarity and perpetuation of sovereignty, based on freedom, equality and justice, and in accordance with the Panglong spirit, the Republic of the Union of Myanmar will be developed into a Union based on democracy and federal system that assures democracy, national equality and self-determination through the outcomes of political discussions.
1. Democracy and federal system will be based on developing the country into a Union.

Page 4, Fundamental Principles to Establish a Union Based on Democracy and the Federal System
2. A separate and independent Constitutional Tribunal will be established to settle disputes related to the Constitution between the Union and the regions/states or among the regions and states.

Page 4, Fundamental Principles to Establish a Union Based on Democracy and the Federal System
3. (a) Power, resource, tax and finance will be divided between the Union and regions/states in line with the federal system
(b)The three branches of sovereign pillars— legislative, executive and judiciary pillars— will be shared to the Union, regions/states, and self-administered areas. Legislative powers and joint powers among the Union, regions/states and self-administered areas will be shared in line with the Constitution.
(c) The Union and regions/states shall have the rights to exercise the divided powers on legislative, executive and judiciary sectors.

Page 4, Fundamental Principles to Establish a Union Based on Democracy and the Federal System
4. Due respect and equal authority shall be developed among regions/states.

Page 4, Fundamental Principles to Establish a Union Based on Democracy and the Federal System
Note: Regions/states shall have equal powers. The description of names will be discussed in next meetings.
Autonomous regions
Page 4, Fundamental Principles to Establish a Union Based on Democracy and the Federal System
3. (a) Power, resource, tax and finance will be divided between the Union and regions/states in line with the federal system
(b)The three branches of sovereign pillars— legislative, executive and judiciary pillars— will be shared to the Union, regions/states, and self-administered areas. Legislative powers and joint powers among the Union, regions/states and self-administered areas will be shared in line with the Constitution.
Economic power sharing
Fiscal federalism
Page 4, Fundamental Principles to Establish a Union Based on Democracy and the Federal System
3. (a) Power, resource, tax and finance will be divided between the Union and regions/states in line with the federal system
Military power sharing
No specific mention.

Human rights and equality

Human rights/RoL
Page 4, Fundamental Principles to Establish a Union Based on Democracy and the Federal System
5. Fundamental rights of all citizens and their duties shall be included in the Constitution. Every citizen shall have equal rights before the law and shall have equal legal protection. Law must be enacted for the rights of national races to protect their cultures, literature, languages, faiths and traditions.
Equality
Page 2:
2. To prohibit discrimination based on nationality, religion, culture and gender against all the citizens residing in the Union, while ensuring equal rights.

Page 4, Fundamental Principles to Establish a Union Based on Democracy and the Federal System
With the aim of the non-disintegration of the Union, non-disintegration of national solidarity and perpetuation of sovereignty, based on freedom, equality and justice, and in accordance with the Panglong spirit, the Republic of the Union of Myanmar will be developed into a Union based on democracy and federal system that assures democracy, national equality and self-determination through the outcomes of political discussions.

Page 4, Fundamental Principles to Establish a Union Based on Democracy and the Federal System
5. Fundamental rights of all citizens and their duties shall be included in the Constitution. Every citizen shall have equal rights before the law and shall have equal legal protection. Law must be enacted for the rights of national races to protect their cultures, literature, languages, faiths and traditions.
Democracy
Page 2:
1. To develop the Republic of the Union of Myanmar into a Union based on democracy and federal system that assures democracy, national equality and self-determination through the outcomes of political discussions, with the aim of the non-disintegration of the Union, non-disintegration of national solidarity and perpetuation of sovereignty, based on freedom, equality and justice, and in accordance with the Panglong spirit.

Page 3:
12. (a) It is agreed to establish a Union based on democracy and federal system towards the realization of sustainable peace through bilateral coordination of the post-2020 stage-by-stage work programmes and step-by-step implementations adopted by the Union Peace Conference – the 21st Century Panglong.

Page 3, Stage by Stage work programmes and step by step implementation [table]
Table column 1: ´ Establishment of Union based on democracy and federal system; (Stage-1) Formulating principles for Union based on democracy and federal system; (Stage-2) Implementing Union based on democracy and federal system; (Stage-3) Strengthening Union based on democracy and federal system´
Table column 2: ´Democracy and Federal issues; Establishing federal system Administrative reform Economy and development Rights for financial sector Land and resource Developing democracy Social harmony Security reconciliation (in line with paragraph 30 of NCA)´

Page 4, Fundamental Principles to Establish a Union Based on Democracy and the Federal System
With the aim of the non-disintegration of the Union, non-disintegration of national solidarity and perpetuation of sovereignty, based on freedom, equality and justice, and in accordance with the Panglong spirit, the Republic of the Union of Myanmar will be developed into a Union based on democracy and federal system that assures democracy, national equality and self-determination through the outcomes of political discussions.
1. Democracy and federal system will be based on developing the country into a Union.
Protection measures
No specific mention.
Human rights framework
No specific mention.
Civil and political rights
No specific mention.
Socio-economic rights
No specific mention.
NHRI
No specific mention.
Regional or international human rights institutions
No specific mention.
Mobility/access
No specific mention.
Detention procedures
No specific mention.
Media and communication
No specific mention.
Citizenship
No specific mention.

Justice sector reform

Criminal justice and emergency law
No specific mention.
State of emergency provisions
No specific mention.
Judiciary and courts
Page 4, Fundamental Principles to Establish a Union Based on Democracy and the Federal System
2. A separate and independent Constitutional Tribunal will be established to settle disputes related to the Constitution between the Union and the regions/states or among the regions and states.


Page 4, Fundamental Principles to Establish a Union Based on Democracy and the Federal System
3. [...]
(b)The three branches of sovereign pillars— legislative, executive and judiciary pillars— will be shared to the Union, regions/states, and self-administered areas. Legislative powers and joint powers among the Union, regions/states and self-administered areas will be shared in line with the Constitution.
(c) The Union and regions/states shall have the rights to exercise the divided powers on legislative, executive and judiciary sectors.
Prisons and detention
No specific mention.
Traditional Laws
No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction
Socio-economic development
Page 2:
6. To strive for the safety of life, property and wealth of the entire people of the Republic of the Union of Myanmar, and the uplifting of their lives.

Page 3, Stage by Stage work programmes and step by step implementation [table]
Table column 1: ´ Establishment of Union based on democracy and federal system; (Stage-1) Formulating principles for Union based on democracy and federal system; (Stage-2) Implementing Union based on democracy and federal system; (Stage-3) Strengthening Union based on democracy and federal system´
Table column 2: ´Democracy and Federal issues; Establishing federal system Administrative reform Economy and development Rights for financial sector Land and resource Developing democracy Social harmony Security reconciliation (in line with paragraph 30 of NCA)´
National economic plan
No specific mention.
Natural resources
Page 3, Stage by Stage work programmes and step by step implementation [table]
Table column 1: ´ Establishment of Union based on democracy and federal system; (Stage-1) Formulating principles for Union based on democracy and federal system; (Stage-2) Implementing Union based on democracy and federal system; (Stage-3) Strengthening Union based on democracy and federal system´
Table column 2: ´Democracy and Federal issues; Establishing federal system Administrative reform Economy and development Rights for financial sector Land and resource Developing democracy Social harmony Security reconciliation (in line with paragraph 30 of NCA)´
International funds
No specific mention.
Business
No specific mention.
Taxation
Power to tax
Page 4, Fundamental Principles to Establish a Union Based on Democracy and the Federal System
3. (a) Power, resource, tax and finance will be divided between the Union and regions/states in line with the federal system
Banks
No specific mention.

Land, property and environment

Land reform/rights
No specific mention.
Pastoralist/nomadism rights
No specific mention.
Cultural heritage
Intangible
Page 2:
9. To recognize the diversity of the background history, traditions and culture, literature, languages and national characteristics of the ethnic nationalities residing in the Republic of the Union of Myanmar, and collectively establish an icon of the Union by the citizens through a diversity of ethnics and languages.


Page 4, Fundamental Principles to Establish a Union Based on Democracy and the Federal System
5. Fundamental rights of all citizens and their duties shall be included in the Constitution. Every citizen shall have equal rights before the law and shall have equal legal protection. Law must be enacted for the rights of national races to protect their cultures, literature, languages, faiths and traditions.
Environment
No specific mention.
Water or riparian rights or access
No specific mention.

Security sector

Security Guarantees
Page 2,
12. (a) It is agreed to establish a Union based on democracy and federal system towards the realization of sustainable peace through bilateral coordination of the post-2020 stage-by-stage work programmes and step-by-step implementations adopted by the Union Peace Conference – the 21st Century Panglong.
(b) The Government, the Hluttaw, the Tatmadaw and NCA-S EAOs must continue their endeavours with responsibility and accountability for the successful realization of the Union Accord. For the faithful pursuance the original consents of the Union Accord and the basic principles, objectives and visions of the NCA, while setting up a mechanism for the realization of the Union Accord through bilateral coordination.
(c) As for the restoration of sustainable peace, bilateral negotiations for the security reconciliations (in accordance with the para 30 of NCA) in the Union based on democracy and federalism, the discussions on work programmes, the bilaterally agreed preparatory undertakings, and the formation of a mechanism for security reconciliations are agreed.
13. The realization of the points stipulated in the Union Accord and the security reconciliations shall be in accordance with the Road Map of the para 20 of NCA.
14. The realization of the accords of NCA shall be conducted through bilateral agreements of the regular meetings of the different levels of the JMCs legally formed under the NCA and the UPDJC, and the bilateral negotiations shall be held in parallel.

Page 2, Stage by Stage work programmes and step by step implementation [table]
Table column 1: ´ Establishment of Union based on democracy and federal system;(Stage-1) Formulating principles for Union based on democracy and federal system; (Stage-2) Implementing Union based on democracy and federal system; (Stage-3) Strengthening Union based on democracy and federal system´
Table column 2: ´Democracy and Federal issues; Establishing federal system Administrative reform Economy and development Rights for financial sector Land and resource Developing democracy Social harmony Security reconciliation (in line with paragraph 30 of NCA)´
Ceasefire
No specific mention.
Police
No specific mention.
Armed forces
No specific mention.
DDR
No specific mention.
Intelligence services
No specific mention.
Parastatal/rebel and opposition group forces
No specific mention.
Withdrawal of foreign forces
No specific mention.
Corruption
No specific mention.
Crime/organised crime
No specific mention.
Drugs
No specific mention.
Terrorism
No specific mention.

Transitional justice

Transitional justice general
No specific mention.
Amnesty/pardon
No specific mention.
Courts
No specific mention.
Mechanism
No specific mention.
Prisoner release
No specific mention.
Vetting
No specific mention.
Victims
No specific mention.
Missing persons
No specific mention.
Reparations
No specific mention.
Reconciliation
No specific mention.

Implementation

UN signatory
No specific mention.
Other international signatory
No specific mention.
Referendum for agreement
No specific mention.
International mission/force/similar
No specific mention.
Enforcement mechanism
No specific mention.

The University of Edinburgh