A/HRC/43/18 including the political, legal, economic and social dimensions, as a prerequisite for recommending possible solutions. In doing so, this report replies on the minority rights framework2, which is based on the United Nations Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities3 and other relevant international human rights law, including article 30 of the Convention on the Rights of the Child, as well as other key international instruments, such as the Durban Declaration and Programme of Action4 and the Rabat Plan of Action on prohibition of national, racial or religious hatred. 6. Addressing the root causes of discrimination and human rights violations against ethnic and religious minorities and ensuring accountability is fundamental to achieving peace in Myanmar, consolidating democratic transition and rebuilding society based on the principles of equality and non-discrimination. These principles are also a necessary foundation for sustainable development, as reflected in the 2030 Sustainable Development Agenda which is cornered around the principle of “leaving no one behind”, including Goal 16 to “promote peaceful and inclusive societies, provide access to justice for all and build effective, accountable and inclusive institutions at all levels”. 7. The Government of Myanmar has reflected this nexus between peace and development in the Myanmar Sustainable Development Plan (2018-2030), recognizing “that the generation and perpetuation of conflict is driven by mistrust between groups, the lack of transparent and accountable public institutions to express and address grievances, the exclusion and marginalization of people from decision making processes as well as pervasive sense of injustice generated by inequitable distribution of resources.”5 The recognition of these issues also lie at the core of the ongoing peace process and aspirations for a democratic, federal Union under the auspices of the Union Peace Conference – 21st Century Panglong, and the prospects for meaningful progress. a. Historical legacies 8. The origins of mistrust and divisions among Myanmar’s ethnic groups can be traced back to centuries of competition and conflict between rival ethnic kingdoms, which ultimately saw the ascendancy of the majority Burmans (Bamar) who considered the territories and inhabitants of other ethnic communities as subjects. British colonial rule sharpened these ethnic fault lines solidifying ethnic identities which were previously more fluid, relational and context-dependent,6 for the purpose of colonial administration. Burman nationalism evolved in opposition to colonial rule, but also to other ethnic groups which, through association with the British, were perceived to enjoy economic advantage and as a threat to the Burman people and their way of life7. The Second World War created further divisions, with different groups fighting alongside the British or Japan. 9. A potential turning point on the path to independence came with the historic 1947 Panglong Agreement, which aimed at establishing a federal union firmly grounded in respect for minority rights and “full autonomy in internal administration”. The failure of successive 2 The use of the minority rights framework does not exclude the possibility that some of the minority 3 4 5 6 7 4 groups in Myanmar may also self-identify as indigenous. For both minority rights and indigenous rights, the United Nations upholds the principle of self-identification, which means that the decision to belong to a minority or an indigenous group is an individual choice and that no disadvantage should arise from the exercise of such choice. The existence of minorities in a State is also to be determined by fact (“on objective and subjective criteria”) and not merely by a decision of the State. The factors to be considered in determining which groups are in need of protection as minorities is the question of access to power (the position of non-dominance) and vulnerability to exclusion, though numerical size and demographics may be a consideration. The use of the term “minority” in this report, as opposed to those such as “ethnic nationalities” or “national races”, is done in recognition of the status of minorities and the rights accorded thereon in international law. https://www.ohchr.org/EN/ProfessionalInterest/Pages/Minorities.aspx https://www.ohchr.org/Documents/Publications/Durban_text_en.pdf Myanmar Sustainable Development Plan (2018-2030), Ministry of Planning and Finance, p. 8. Walton, M.J. “Ethnicity and Burman Privilege in Contemporary Myanmar”, 2012. Ibid., 2012, op.cit.