Union Accord Part II (Pyidaungsu Accord)

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Country/entity: Myanmar
Region: Asia and Pacific
Agreement name: Union Accord Part II (Pyidaungsu Accord)
Date: 16 Jul 2018
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: Signed

Dr. Tin Myo Win

Representative of the Government Group

U Aung Soe

Representative of the Hluttaw Group

Maj-Gen San Myint

Representative of the Tatmadaw Group

Dr. Salai Lian Hmun Sakhong

Representative of the Ethnic Armed Organisations Group

U Thu Wai

Representative of the Political Parties Group
Third parties: Witnesses:

U Htone Phoo Dagon

Ethnic Representative, Government Group

U Kyaw Win

Relevant Representative of the Government Group

Nan Say Awa

Ethnic Representative Ethnic Armed Organisations Group

U Hla Kyaw Aung

Relevant Representative of the Ethnic Armed Organisations Group

Nan Kham Ohn

Ethnic Representative, Political Parties Group

Tar Myint Kyaw

Relevant Representative of the Political Parties Group
Description: This agreement is the outcome of the sessions of the 21st Century Panglong conference, which was set up to develop the peace process with the ethnic armed organisations in Myanmar. The conference was intended as all-inclusive but did not include all armed organisations. The negotiating sides for this agreement thus do not encompass the entire conflict system in Myanmar. The agreement itself is quite general, with commitments to democracy, federalism, and inclusion. Importantly, the agreement sets a goal of 30% representation of women in important sectors, and sets a commitment to prevent gender-based violence and to support gender equality. The principles of equality and inclusion are extended to issues of socio-economic development, with a focus on age equality, children's rights. The agreement also limits land ownership to citizens only.

Agreement document: MM_180716_Union Accord Part II.pdf (opens in new tab) | Download PDF
Agreement document (original language): MM_180716_Union Accord Part II_Bu.pdf (opens in new tab)| Download PDF

Groups

Children/youth: Groups→Children/youth→Substantive
Page 2:

Addendum (c)

Social sector basic principle agreement

(16 July 2018)

[...]

2. Establish an education system that is accessible by all and is all-inclusive.

[...]

4. Enact laws that provide rights of the handicapped persons, children, elders, expecting mothers.

[...]

7. Set up and conduct programs to ensure children’s rights, abide by the United Nations Convention on the Rights of the Child for all-round development of children and eliminate Six Grave Violations against children.
Disabled persons: Groups→Disabled persons→Substantive
Page 2:

Addendum (c)

Social sector basic principle agreement

(16 July 2018)

[...]

4. Enact laws that provide rights of the handicapped persons, children, elders, expecting mothers.
Elderly/age: Groups→Elderly/age→Substantive
Page 2:

Addendum (c)

Social sector basic principle agreement

(16 July 2018)

[...]

4. Enact laws that provide rights of the handicapped persons, children, elders, expecting mothers.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: Groups→Refugees/displaced persons→Other
Page 2:

Addendum (c)

Social sector basic principle agreement

(16 July 2018)

1. In the decision-making stages of conducting resettlement, redevelopment and social development matters, attempts must be made towards having women participation of at least 30 per cent.
Social class: No specific mention.

Gender

Women, girls and gender: Page 1-2:
Addendum (a)

Political sector basic principle agreement

(16 July 2018) Gender equality

1. In establishing a Union based on democracy and federal system, no citizen of the Republic of the Union of Myanmar must be treated differently based on gender difference and policy must be established for equality.

2. A minimum of 30 percent involvement of women in each sector is to be encouraged.

3. In establishing a Union based on democracy and federal system, the Republic of the Union of Myanmar is to establish and implement policies that prevent gender- based violence.

4. Increase the capability of women to support gender equality.

Page 2:

Addendum (c)

Social sector basic principle agreement

(16 July 2018)

1. In the decision-making stages of conducting resettlement, redevelopment and social development matters, attempts must be made towards having women participation of at least 30 per cent.

[...]

4. Enact laws that provide rights of the handicapped persons, children, elders, expecting mothers.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): Page 1:

1. Aiming toward 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 Third Session of the Union Peace Conference-21st Century Panglong was held in Nay Pyi Taw from 11 to 16 July 2018 to establish a Union based on democracy and federal system that assures democracy, national equality and self-determination rights, founded according to the outcomes of the political discussions.

Page 1-2:
Addendum (a)

Political sector basic principle agreement

(16 July 2018) Gender equality

1. In establishing a Union based on democracy and federal system, no citizen of the Republic of the Union of Myanmar must be treated differently based on gender difference and policy must be established for equality.

[...]

3. In establishing a Union based on democracy and federal system, the Republic of the Union of Myanmar is to establish and implement policies that prevent gender- based violence.
State configuration: Page 1:

1. Aiming toward 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 Third Session of the Union Peace Conference-21st Century Panglong was held in Nay Pyi Taw from 11 to 16 July 2018 to establish a Union based on democracy and federal system that assures democracy, national equality and self-determination rights, founded according to the outcomes of the political discussions.

Page 1-2:
Addendum (a)

Political sector basic principle agreement

(16 July 2018) Gender equality

1. In establishing a Union based on democracy and federal system, no citizen of the Republic of the Union of Myanmar must be treated differently based on gender difference and policy must be established for equality.

[...]

3. In establishing a Union based on democracy and federal system, the Republic of the Union of Myanmar is to establish and implement policies that prevent gender- based violence.
Self determination: Page 1:

1. Aiming toward 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 Third Session of the Union Peace Conference-21st Century Panglong was held in Nay Pyi Taw from 11 to 16 July 2018 to establish a Union based on democracy and federal system that assures democracy, national equality and self-determination rights, founded according to the outcomes of the political discussions.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): No specific mention.
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: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: Power sharing→Territorial power sharing→Federal or similar sub-divided government
Page 1:

1. Aiming toward 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 Third Session of the Union Peace Conference-21st Century Panglong was held in Nay Pyi Taw from 11 to 16 July 2018 to establish a Union based on democracy and federal system that assures democracy, national equality and self-determination rights, founded according to the outcomes of the political discussions.

Page 1-2:
Addendum (a)

Political sector basic principle agreement

(16 July 2018) Gender equality

1. In establishing a Union based on democracy and federal system, no citizen of the Republic of the Union of Myanmar must be treated differently based on gender difference and policy must be established for equality.

[...]

3. In establishing a Union based on democracy and federal system, the Republic of the Union of Myanmar is to establish and implement policies that prevent gender- based violence.
Economic power sharing: Power sharing→Economic power sharing→Fiscal federalism
Page 2:
Addendum (b)

Economic sector basic principle agreement

(16 July 2018)

Region/State governments have the right to draw up and implement economic projects that benefit the people. In drawing up the projects, it is to be in accord with the Union economic development policies and projects, and consideration must be made toward not adversely affect the adjacent states and regions.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: No specific mention.
Bill of rights/similar: No specific mention.
Treaty incorporation: Page 2:

Addendum (c)

Social sector basic principle agreement

(16 July 2018)

[...]

7. Set up and conduct programs to ensure children’s rights, abide by the United Nations Convention on the Rights of the Child for all-round development of children and eliminate Six Grave Violations against children.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: Page 1:

1. Aiming toward 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 Third Session of the Union Peace Conference-21st Century Panglong was held in Nay Pyi Taw from 11 to 16 July 2018 to establish a Union based on democracy and federal system that assures democracy, national equality and self-determination rights, founded according to the outcomes of the political discussions.

Page 1-2:
Addendum (a)

Political sector basic principle agreement

(16 July 2018) Gender equality

1. In establishing a Union based on democracy and federal system, no citizen of the Republic of the Union of Myanmar must be treated differently based on gender difference and policy must be established for equality.

2. A minimum of 30 percent involvement of women in each sector is to be encouraged.

3. In establishing a Union based on democracy and federal system, the Republic of the Union of Myanmar is to establish and implement policies that prevent gender- based violence.

4. Increase the capability of women to support gender equality.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: No specific mention.
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
Page 2:
Addendum (b)

Economic sector basic principle agreement

(16 July 2018)

Region/State governments have the right to draw up and implement economic projects that benefit the people. In drawing up the projects, it is to be in accord with the Union economic development policies and projects, and consideration must be made toward not adversely affect the adjacent states and regions.

Page 2:

Addendum (c)

Social sector basic principle agreement

(16 July 2018)

1. In the decision-making stages of conducting resettlement, redevelopment and social development matters, attempts must be made towards having women participation of at least 30 per cent.

2. Establish an education system that is accessible by all and is all-inclusive.

3. Establish a universal health coverage system that is accessible by all and is all-inclusive.

[...]

5.To widely consider and include the concept of social cohesion in conducting social development matters.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: Land, property and environment→Land reform/rights→Land reform and management
Page 2-3:

Addendum (d)

Land and environment sector basic principle agreement

(16 July 2018)

Preventive arrangements

1. Only citizens can own land in the country, and foreigners and illegal settlers must not own it directly or indirectly
Land, property and environment→Land reform/rights→Other land rights
Page 2-3:

Addendum (d)

Land and environment sector basic principle agreement

(16 July 2018)

Preventive arrangements

1. Only citizens can own land in the country, and foreigners and illegal settlers must not own it directly or indirectly

2.In conducting and implementing land-use project work, assessments must be made not to damage the natural environment, not to have social effect, not to have health effect and to conduct coordination work with the local people.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: Page 2-3:

Addendum (d)

Land and environment sector basic principle agreement

(16 July 2018)

Preventive arrangements

1. Only citizens can own land in the country, and foreigners and illegal settlers must not own it directly or indirectly

2.In conducting and implementing land-use project work, assessments must be made not to damage the natural environment, not to have social effect, not to have health effect and to conduct coordination work with the local people.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: No specific mention.
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: Page 2:

Addendum (c)

Social sector basic principle agreement

(16 July 2018)

[...]

6.Establish and conduct effective policies against harm reduction, treatment and reintegration of drugs and psychotropic substances usage.
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.
Related cases: No specific mention.
Source: Available from http://www.myanmar-embassy-tokyo.net/2018/Doc/14-points-upc.pdf (accessed on June 2nd 2022).

14 points signed as Part II of Union Accord

14 points approved by the Third Session of the Union Peace Conference-21st Century Panglong were signed as a Part II of the Union Accord.

Following are the 14 points, and signatures of the leaders of the respective groups and witnesses.

Union Accord Part II

Aiming toward 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 Third Session of the Union Peace Conference-21st Century Panglong was held in Nay Pyi Taw from 11 to 16 July 2018 to establish a Union based on democracy and federal system that assures democracy, national equality and self-determination rights, founded according to the outcomes of the political discussions.

At this conference, sector-wise and group-wise meetings were conducted in stages on policy proposals submitted by Union Peace Dialogue Joint Committee (UPDJC) and the proposals obtained were agreed as Part II of the Union Accord.

The Part II of the Union Accord signed at this conference and all other agreed sections obtained at the subsequent conferences will be compiled and signed as Union Accord.

The Union Accord Part II signed in this conference are –

Four agreements in political sector basic principle

One agreement in economic sector basic principle

Seven agreements in social sector basic principle

Two agreements in land & environment sector basic principle totaling fourteen which are shown in addenda (a), (b), (c) and (d).

5. The above agreements are signed by heads of each group at the Third Session of the Union Peace Conference-21st Century Panglong and witnessed as Union Accord Part II, according to Nationwide Ceasefire Agreement Section 20 (e).

Addendum (a) Political sector basic principle agreement (16 July 2018) Gender equality

In establishing a Union based on democracy and federal system, no citizen of the Republic of the Union

of Myanmar must be treated differently based on gender difference and policy must be established for equality.

2. A minimum of 30 percent involvement of women in each sector is to be encouraged.

3. In establishing a Union based on democracy and federal system, the Republic of the Union of Myanmar is to establish and implement policies that prevent gender- based violence.

4. Increase the capability of women to support gender equality.

Addendum (b) Economic sector basic principle agreement (16 July 2018)

Region/State governments have the right to draw up and implement economic projects that benefit the people.

In drawing up the projects, it is to be in accord with the Union economic development policies and projects, and consideration must be made toward not adversely affect the adjacent states and regions.

Addendum (c) Social sector basic principle agreement (16 July 2018)

In the decision-making stages of conducting resettlement, redevelopment and social development matters, attempts must be made towards having women participation of at least 30 per cent.

Establish an education system that is accessible by all and is all-inclusive.

Establish a universal health coverage system that is accessible by all and is all-inclusive.

Enact laws that provide rights of the handicapped persons, children, elders, expecting mothers.

To widely consider and include the concept of social cohesion in conducting social development matters.

Establish and conduct effective policies against harm reduction, treatment and reintegration of drugs and psychotropic substances usage.

Set up and conduct programs to ensure children’s rights, abide by the United Nations Convention on the Rights of the Child for all-round development of children and eliminate Six Grave Violations against children.

Addendum (d) Land and environment sector basic principle agreement (16 July 2018)

Preventive arrangements

Only citizens can own land in the country, and foreigners and illegal settlers must not own it directly or indirectly

In conducting and implementing land-use project work, assessments must be made not to damage the natural environment, not to have social effect, not to have health effect and to conduct coordination work with the local people.

Dr. Tin Myo Win

Representative of the Government Group

U Aung Soe

Representative of the Hluttaw Group

Maj-Gen San Myint

Representative of the Tatmadaw Group

Dr. Salai Lian Hmun Sakhong

Representative of the Ethnic Armed Organisations Group

U Thu Wai

Representative of the Political Parties Group

Witnesses:

U Htone Phoo Dagon

Ethnic Representative, Government Group

U Kyaw Win

Relevant Representative of the Government Group

Nan Say Awa

Ethnic Representative Ethnic Armed Organisations Group

U Hla Kyaw Aung

Relevant Representative of the Ethnic Armed Organisations Group

Nan Kham Ohn

Ethnic Representative, Political Parties Group

Tar Myint Kyaw

Relevant Representative of the Political Parties Group