Myanmar’s Democratic Transition
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violence and against those who fuel ethnic hatreds.’46 According to
International Crisis Group, police appear to be responding to incidents ‘more
quickly and more assertively,’ and more Buddhist perpetrators are being prosecuted and imprisoned.47
The complex task of unraveling decades of interethnic distrust and promoting stability will require a sustained and comprehensive strategy, with national
and international legal principles helping to guide and reinforce the effort.
Under the 2008 Constitution, Myanmar is a ‘genuine, disciplined multi-party
democratic system,’ which seeks to ‘enhanc[e] the eternal principles of Justice,
Liberty and Equality in the Union.’48 Chapter VIII sets out principles of nondiscrimination, equal rights, and affirms the rights of citizens to practice religion
freely, develop their culture, reside where they wish, own property, and form
associations. It prohibits forced labour or enslavement.49 Under the Charter of
the Association of Southeast Asian Nations (ASEAN) and the UN Charter,
Myanmar has pledged to maintain international peace and security, affirm
fundamental human rights, and promote social progress.50 The ASEAN Human
Rights Declaration and the Universal Declaration of Human Rights (UDHR)
affirm widely recognised principles of nondiscrimination, equality, freedom of
religion, right to nationality and asylum from persecution, and other basic
rights regardless of citizenship status.51 Although Myanmar has not ratified
46
47
48
49
50
51
President Office, ‘President U Thein Shien delivers speech at roundtable discussion on
Myanmar’s complex transformation at Chatham House in London’ Republic of the Union
of Myanmar President Office (16 July 2013) <www.president-office.gov.mm/en/?q=briefing
-room/speeches-and-remarks/2013/07/17/id-2372> accessed 20 October 2013 (Chatham
House Speech).
International Crisis Group, The Dark Side of Transition (n 21) 25.
Constitution of the Republic of the Union of Myanmar 2008, Arts. 6(e) and 7.
Ibid Chapter VIII. That these provisions apply to citizens does not necessarily preclude
Rohingya, some of whom may actually qualify for citizenship under the 1982 Citizenship
Law. Moreover, these rights are guaranteed under international standards regardless of
citizenship status.
Charter of the Association of Southeast Asian Nations (adopted 20 November 2007,
entered into force 15 December 2008), Preamble, Arts. 1-2 (2007); Charter of the United
Nations (adopted 26 June 1945, entered into force 24 October 1945) (United Nations
Charter), Preamble, Art. 1 (1945).
ASEAN Heads of State/Government, ‘ASEAN Human Rights Declaration’(21st Summit,
17-18 November 2012), Arts. 1-3 (nondiscrimination and equality), 15 (movement), 16 (asylum), 18 (nationality), and 22 (thought and religion). Article 22 specifies that ‘All forms of
intolerance, discrimination and incitement of hatred based on religion and beliefs shall
be eliminated.’ Universal Declaration of Human Rights (adopted 10 December 1948 UNGA
tilburg law review 19 (2014) 261-275
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