Human Rights Situation in Myanmar
General Background
Home to the world’s longest running civil war, Myanmar has not had peace. The military junta
which seized power through a coup in 1962, isolated and ruled Myanmar until 2010.7 In 2010, the
Tatmadaw handed over power to a quasi-civilian government, led by the military-backed Union
Solidarity and Development Party (“USDP”) which was ultimately defeated by Aung San Suu
Kyi’s National League for Democracy (“NLD”) in the 2015 elections. Despite the civilian-led
government, the 2008 military-drafted Constitution has enabled the military to maintain
significant control. For instance, the key ministries of Defence, Border Affairs, and Home Affairs
are not under the civilian government purview; they report to and are overseen by the military
Commander in Chief, Min Aung Hlaing. While the NLD currently has a majority of
parliamentary seats, 25 percent of the seats in each house of parliament are reserved for military
members, and the 2008 Constitution requires a three-quarters majority vote for constitutional
amendments. The civilian government is essentially kept in check, its authority limited by the
military’s effective veto power.
Myanmar is one of the most ethnically diverse countries in Southeast Asia, with a large number
of groups with various ethnic, cultural, linguistic and religious backgrounds.8 Protection of
minority rights and autonomy were key guarantees of the 1947 Panglong Agreement (“Panglong”).
Proposed by Myanmar’s independence leader General Aung San, Panglong was to be the
foundation for a federal, democratic Myanmar. However, General Aung San and members of his
interim government were assassinated in 1947 before the aspirations of Panglong were fully
realized,9 and instead of embracing the country’s diversity, the military utilizes interethnic conflicts
as a means of maintaining power.10
7
Andrew Marshall, “The Slow Thaw of Burma’s Notorious Military Junta,” Time, August 31, 2011,
http://content.time.com/time/world/article/0,8599,2091229,00.html.
8
Nehginpao Kipgen, Myanmar: A Political History (New Delhi: Oxford University Press, 2016), 11,
http://www.oxfordscholarship.com.ezpprod1.hul.harvard.edu/view/10.1093/acprof:oso/9780199466306.001.0001/acprof-9780199466306.
9
Josef Silverstein, The Political Legacy of Aung San (New York: Cornell University Press, 1972), 13.
10
Nick Cheesman, “How in Myanmar ‘national races’ came to surpass citizenship and exclude
Rohingya,” Journal of Contemporary Asia 7, no. 3 (2017): 461-483.
6