Ethnic Rights and Constitutional Change: The Constitutional Recognition of Ethnic Nationalities in Myanmar/Burma Melissa Crouch1. Note: this chapter is an earlier version and will appear as: M Crouch (forthcoming) ‘Ethnic Rights and Constitutional Change’ in A Harding (ed) Constitutional Reform and Legal Change in Myanmar. Hart Publishing. For inquiries please contact Melissa Crouch
[email protected] Introduction- Territorial Divisions: The Seven States and Regions - National Race Affairs Representatives - Self-Administered Zones and Divisions - Conclusion One way in which state policies may accommodate the unique claims of cultural groups is by legally conferring certain recognition or status on such groups through the Constitution. The accommodation of the rights of minorities and managing diversity is often crucial to democratisation and political stability.2 The Myanmar3 government recognises that it needs to resolve ethnic conflict and grievances as part of the process of transition to a quasi-civilian democracy under the 2008 Constitution. The political and legal reform process4 has renewed . Lecturer, UNSW Law, Sydney. This chapter is based on field research conducted in Yangon, Shan State, and Naypyidaw, supported by the Centre for Asian Legal Studies, Law Faculty, National University of Singapore. I would like to thank Katherine Southwick for her comments on an earlier version of this chapter. All errors remain my own. 2 See generally W Kymlicka and Baogang He, Multiculturalism in Asia (Oxford, Oxford University Press, 2005). 3 In this chapter I use Myanmar to refer to the country post-1988, and Burma as it was known from independence in 1947 up until 1988. 4 On the development of the legal system generally, see Melissa Crouch, ‘The Layers of Legal Development in Myanmar’ in Melissa Crouch and Tim Lindsey (eds) Law, Society and Transition in Myanmar (Hart Publishing, 2014), pp 33-58.