In this paper, a detailed analysis examines the NCA and the Union Agreement (UA) with respect to the minimum standards of the “Rule of Law,” international humanitarian law, human rights laws, and domestic laws. For instance, the “forcible confiscation of land” prohibited in the NCA does not deter government authorities and the Myanmar Army from confiscating lands by invoking the existing laws. Ambiguities in the NCA and the negative results are explicated vis-a-vis the lack of an independent supervision or enforcement mechanism. The legal status of the NCA is therefore also analyzed in this paper. Eventually, we recommend terminating the NCA and all related measures to clear the path forward and to search for a new, comprehensive, and reliable process.
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