The 2008 Constitution and Ethnic Issues: To What Extent Did It Satisfy the Aspirations of Various Ethnic Groups? (Burmese)

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Abstract: "Since the beginning, in 1961 at the Taungyi Conference, the ?Federal Movement?, which would eventually result in a military coup in 1962, the ethnic nationalities in Burma have all been consistently demanding the rebuilding of the Union of Burma based on the spirit of Panglong and the principles of democracy, political equality and internal self-determination. They have further argued that the constitution of the Union should be formed in accordance with the principles of federalism and democratic decentralization, which would guarantee the democratic rights of citizens of Burma including the principles contained in the United Nation?s declaration of universal human rights. On the formation of a genuine Federal Union, ethnic nationalities demand that all member states of the Union have their separate constitutions, their own organs of state, that is, State Legislative Assembly, State Government and State Supreme Court. In their proposal, the ethnic nationalities demanded that the Union Assembly should be a bicameral legislature consisting of a Chamber of Nationalities (Upper House) and a Chamber of Deputies (Lower House), and each member state of the Union should send an equal number of representatives to the Upper House regardless of its population or size. They also demand that the Union of Burma be composed of National States; and all National States of the Union be constituted in terms of ethnicity or historic ethnic homelands, rather than geographical areas. Moreover, the residual powers, that is, all powers, except those given by member states to the federal center, or the Union, must be vested in the Legislative Assembly of the National State. In this way, the Union Constitution automatically allocates political authority of legislative, judicial, and administrative powers to the Ethnic National States. Thus, all member states of the Union would be able to exercise the right of self-determination freely through the right of self-government within their respective National States. When the military regime, which traditionally was the strongest opponent of the ethnic nationalities? demands, adopted a new constitution in 2008 it contained certain Author I Lian H. Sakhong elements of federalism. These included a bicameral legislature consisting of a Amyotha Hlutdaw and a Pyituh Hlutdaw, equal representation from each state at a Chamber of Nationalities, and all member states of the Union having their own separate State Assemblies and State governments. This paper will address to what extent the 2008 Constitution satisfies the aspirations of various the Ethnic Nationalities in Burma. I shall, however, limit myself in this paper within the constitutional framework of the ?form of state? - that is, how the Union is structured and how much power and status is given to member states of the Union."

Source/publisher: 

Burma Centre for Ethnic Studies (Analysis Paper No. 5)

Date of Publication: 

2012-10-00

Date of entry: 

2012-10-23

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  • Individual Documents

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Burmese/ မြန်မာဘာသာ

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