Constitutional and parliamentary processes
-
National and State constitutions, draft constitutions, amendments and announcements (texts)
Individual Documents
| Title: | | Shan State Constitution (2nd Draft) |
| Date of publication: | | 20 September 2008 |
| Description/subject: | | Contents:
Foreword for the second draft (A- C)...
Preamble...
Chapter One Chief Characteristics ...
Chapter Two Bill of Rights, Guarantees and Duties ...
Chapter Three Member sub-states of Shan State ...
Chapter Four Shan State Congress ...
Chapter Five Shan State Legislation ...
Chapter Six Shan State President ...
Chapter Seven Shan State Government ...
Chapter Eight Shan State Judiciary ...
Chapter Nine Citizenship ...
Chapter Ten State Defense and Security Forces ...
Chapter Eleven State of Emergency ...
Chapter Twelve General Provisions ...
Chapter Thirteen Transitional Provisions ...
Chapter Fourteen Amendment of the Constitution ...
Appendix (1) Shan State Flag (Article 76)...
Appendix (2) Shan State Anthem (Article 179) - 3 -...
Appendix (3) Structure of Shan State. |
| Language: | | Burmese, English |
| Source/publisher: | | Shan State Constitution Drafting Commission (SSCDC) |
| Format/size: | | pdf (681K) |
| Date of entry/update: | | 06 May 2009 |
|
| Title: | | Announcements 1/2008 and 2/2008 |
| Date of publication: | | 11 February 2008 |
| Description/subject: | | "...it is most appropriate to
transform the administration of Tatmadaw into democratic administration of the
people. Thus, in accordance with the forthcoming State Constitution, the multi-party
democracy general elections will be held in 2010...Approval of the Constitution draft will be sought in a National Referendum to be held in May 2008...
In accordance with the forthcoming State Constitution,
the multi-party democracy general elections will be held in 2010...NAY PYI TAW, 10 Feb—The State Peace and Development Council of the Union of Myanmar issued Announcement Nos 1/2008 and 2/2008 yesterday.
The following is the full text of the announcements—..." |
| Language: | | English |
| Source/publisher: | | "The New Light of Myanmar" |
| Format/size: | | pdf (285K) |
| Date of entry/update: | | 13 February 2008 |
|
| Title: | | The Fifth Draft of Chinland Constitution |
| Date of publication: | | 2008 |
| Description/subject: | | PART ONE:(1)Preamble..(2)Part One:The territory of Chinland..(3)Part Two:Presiding Ideals..(4) Part Three:Individual Rights..(5) Part Four:Individual Duties..(6) Part Five:Language..(7) Part Six:Chin Ethnicity and Culture..(8) Part Seven:Citizenship..(9) Part Eight:Suffrage.. (10) Part Nine:The Legislature (11)Part Ten:The Executive..(12)Part Eleven:The Judiciary..(13)Part Twelve:Administration..(14)Part Thirteen:The Civil Service Commission..(15)Part Fourteen:Impeachment..(16)Part Fifteen:Local Government..(17)Part Sixteen:Finance, Revenue, and Taxation..(18)Part Seventeen:Public Education..(19)Part Eighteen:Public Health..(20)Part Nineteen:Public Welfare..(21)Part Twenty:Culture and Media..(22)Party Twenty-One:State Armed Forces..(23)Part Twenty-Two:State of Emergency..(24)Part Twenty-Three:General Provision..(25)Part Twenty-Four:Inter-State and State-Federal Relations..(26)Part Twenty-Five:Amendment of Constitution..(27)Part Twenty-Six:Ratification..... PART TWO:Suppression of Chin National Movement for Federalism..... PART THREE:(i)The Chin Forum Managing Board (CFMB)... (ii) Chin Forum Chronology of Events |
| Language: | | English |
| Source/publisher: | | The Chin Forum |
| Format/size: | | pdf (1.11 MB) |
| Date of entry/update: | | 16 September 2010 |
|
| Title: | | The Fundamental Principles and Detailed Basic Principles (Burmese) |
| Date of publication: | | 10 September 2007 |
| Description/subject: | | The 15 chapters of principles adopted by the National Convention which the SPDC has said will form the basis of a new constitution. |
| Language: | | Burmese |
| Source/publisher: | | "The New Light of Myanmar" via Khin Kyaw Han |
| Format/size: | | pdf (1MB) |
| Date of entry/update: | | 03 October 2007 |
|
| Title: | | The Fundamental Principles and Detailed Basic Principles (English) |
| Date of publication: | | 10 September 2007 |
| Description/subject: | | The 15 chapters of principles adopted by the National Convention which the SPDC has said will form the basis of a new constitution. |
| Language: | | English |
| Source/publisher: | | "The New Light of Myanmar" via Khin Kyaw Han |
| Format/size: | | pdf (546K) |
| Date of entry/update: | | 14 September 2007 |
|
| Title: | | Karenni State: Second Draft Constitution |
| Date of publication: | | 2007 |
| Description/subject: | | 1. The Emergence of Karenni State Constitution;
2. Introduction;
3. Preamble;
4. The Attributes of the Karenni State;
5. The Basic rights;
6. The Structure of the Karenni State;
7. The Chambers of the State Parliament;
8. The Karenni State Legislation Process;
9. The State Government;
10. The Judiciary;
11. Financial Ordinances;
12. Citizenship;
13. Maintaining Customs its Chieftains;
14. Institution of the Commissions;
15. Amending of the Constitution;
16. National Emergency Law;
17. National Defense;
18. Police Force;
19. National Economy.
N. B. the text is undated. We have guessed at a date in 2007. |
| Language: | | English, Burmese |
| Source/publisher: | | Karenni State Constitution Drafting Committee |
| Format/size: | | pdf (522K) |
| Date of entry/update: | | 23 September 2007 |
|
| Title: | | Draft Constitution of Future Rahmonya Mon State |
| Date of publication: | | December 2006 |
| Description/subject: | | THE FORMATION OF RAHMONYA MON STATE; THE RIGHTS OF THE PEOPLE; THE STATE PARLIAMENT AND THE FEDERAL PARLIAMENT; ELECTION OF REPRESENTATIVES OF THE HOUSE OF RAHMONYA MON
STATE PARLIAMENT; RELATIONSHIP BETWEEN RAHMONYA MON STATE AND FEDERAL
UNION; RAHMONYA MON STATE GOVERNMENT; LEGISATION (MAKING LAWS); THE JUDICIALSYSTEM OF RAHMONYA MON STATE; PUBLIC SERVANTS; NATURAL RESOURCES AND THE ENVIRONMENT; EDUCATION; WORKERS; HEALTH; FINANCE AND TREASURY; TAXATION AND REVENUES; THE ECONOMY; DEFENCE AND SECURITY; SOCIAL SECURITY; FARMERS (INCLUDING GARDENERS, CULTIVATORS ETC.); ETHNIC GROUPS OR RACES OF RAHMONYA MON STATE; PUBLIC RELATIONS; AMENDMENT OF THE CONSTITUTION; |
| Language: | | Burmese and English |
| Format/size: | | pdf (361K) |
| Date of entry/update: | | 18 September 2007 |
|
| Title: | | The Second Proposed Draft of Future Constitution of Kawthoolei (Karen State) |
| Date of publication: | | 08 August 2006 |
| Description/subject: | | Table of Contents:
Bill of Rights;
General Provisions;
Legislature;
Executive;
Judiciary;
Suffrage and Elections;
Local Government;
Finance and Taxation;
Education;
Amendments;
Miscellaneous. |
| Language: | | English, Burmese |
| Source/publisher: | | Karen State Constitution Drafting Committee (SCDC) |
| Format/size: | | pdf (222K) |
| Date of entry/update: | | 23 September 2007 |
|
| Title: | | Shan State Constitution, First Draft |
| Date of publication: | | 24 May 2006 |
| Description/subject: | | CONTENT
Forward;
Preamble;
Founding Provision;
Supremacy of Constitution...
CHAPTER [1]
Characteristics;
Name: Shan State;
Supremacy of Constitution;
Citizenship;
National Flag;
National Anthem;
National Capital;
Nation Seals;
A multi-ethnic Nation/State...
CHAPTER [2]
Bill of Rights;
Human dignity;
Freedom and Security;
Religion and belief;
Freedom of expression and information;
Freedom of Assembly;
Freedom of Association;
Freedom of movement and residence;
Freedom of trade;
Labor Rights;
Land and property ownership rights;
Right to environmental protection;
The right to informed choice;
The right to be served by the Public Institutions;
Rights Abuse Prevention Measure;
Human Rights Promotion Measure;
The rights to recall and impeachment;
Duty and Responsibility of Citizens and Civil Society Organizations;
Duty of Media and its Responsibility;
Rights of differently able people;
Rights of people to initiate legislation...
CHAPTER [3]
Legislature...
CHAPTER [4]
Legislative Powers;
National Congress;
Legislative Powers of National Congress;
Formation of House of Nationalities;
Exclusive legislative power;
Ordinary Bills;
Formation of House of People’s Representatives;
Legislative Power of House of People’s Representatives;
State Constitution (Constituent State);
Special Provision;
Formation of the State Legislature;
Legislative Power [Const State];
House of National Ethnics;
Formation of State House of People’s Representatives;
Legislative powers provided for the State House of People’s ;
Representatives;
Legislative powers provided for the Sub-States and ;
Autonomous Regions;
Local Government;
Municipal of Township Administration;
Village Tract Administration;
Village Administration...
CHAPTER [5]
National Executive.
Federal Union Executive;
Constituent State’s Executive...
CHAPTER [6]
Judicial Power [Judiciary]...
CHAPTER [7]
General Provisions;
Note: Spread out to other chapters/provisions...
CHAPTER [8]
The amendment of the constitution. |
| Language: | | English |
| Source/publisher: | | Shan State Constitution Drafting Commission |
| Format/size: | | pdf (244K) |
| Date of entry/update: | | 18 September 2007 |
|
| Title: | | The Constitution of the Federal Union of Burma (First Draft) |
| Date of publication: | | April 2006 |
| Description/subject: | | Commentary and text. This text, based on the draft adopted by the Democratic Alliance of Burma (DAB) in 1993, was adopted by the National Council of the Union of Burma (NCUB) as its First Draft, at the Fourth Conference of the NCUB, May 16-23, 1996..." We the peoples of the Federal Republic of the Union of Burma, with complete faith in the universal principles of freedom, equality and justice, do hereby adopt this Constitution for the Federal Republic of the Union of Burma in order to establish a multi-national country that is peaceful, prosperous, and enduring.
In the land of this Federal Union, many different nationalities have lived, each with their own sovereignty and independence, ever since ancient times. Although each nationality lived independently for most of its history, they all fell under the long occupation and servitude of the British colonialists. In order to regain its own freedom more quickly, each nationality joined with the others so as to obtain independence from the colonial power together, and they thus formed a Federal Union at the Panglong Conference in the year 1947.
The Conference unanimously adopted the Panglong Agreement which guaranteed ethnic equality, self-determination, and democratic rights. Although the Agreement promised that the new states of the union could govern themselves, those in power failed to implement the Agreement. Civil war ensued for more than half a century, during which countless lives were sacrificed and natural resources wasted. Since 1962, the peoples of Burma have suffered under a series of dictatorial regimes with different names but a common history of denying democratic rights, human rights, and the rights of self-determination for ethnic nationalities who joined the Union as equal partners in 1947. We shall never forget the heart-breaking experiences that the people of the Federal Union have had to endure.
In order to prevent a recurrence of the mistakes of the past and to realize the future aspirations of all our peoples, we based this Constitution on the fundamental principles of political equality for all ethnic nationalities, the rights of self-determination for all member states of the Federal Union,and the democratic rights for all citizens. This Constitution further provides guarantees for human rights and gender equality; minority rights for all religious and ethnic groups; and the separation of politics and religion. In order to prevent the recurrence of military dictatorship, this Constitution enshrines civilian control of the armed forces.
We establish this Constitution so as to secure the blessings of liberty to ourselves and future generations. Banishing all the past outrages, shattering the dark, shining the light, and establishing the dignity of the Federal Union among the family of nations, this Constitution shall become the highest law of the Federal Republic of the Union of Burma.
We the peoples of the Republic of the Federal Union of Burma, with complete faith in the universal principles of freedom, equality and justice, do hereby adopt this Constitution for the Federal Republic of the Union of Burma in order to establish a multi-national country that is peaceful, prosperous, and enduring.
In the land of this Federal Union, many different nationalities have lived, each with their own sovereignty and independence, ever since ancient times. Although each nationality lived independently for most of its history, they all fell under the long occupation and servitude of the British colonialists. In order to gain its own freedom more quickly, each nationality joined with the others so as to obtain independence from the colonial power together, and thus they formed a federal union at the Panglong Conference in the year 1947.
The Conference unanimously adopted the Panglong Agreement which guaranteed ethnic equality, self-determination, and democratic rights. Although the Agreement promised that the states of the union could govern themselves, those in power failed to implement the Agreement. Civil war ensued for more than half a century, during which countless lives were sacrificed and natural resources wasted. Since 1962, the peoples of Burma have suffered under a series of dictatorial regimes with different names but a common history of denying democratic rights, human rights, and the rights of self-determination for ethnic nationalities who joined the Union as equal partners in 1947. We shall never forget the heart-breaking experiences that the people of the Federal Union have had to endure.
In order to prevent a recurrence of the mistakes of the past and to realize the future aspirations of all our peoples, we based this Constitution on the fundamental principles of political equality for all ethnic nationalities, the rights of self-determination for all member states of the Federal Union; and the democratic rights for all citizens. This Constitution further provides guarantees for human rights and gender equality; minority rights for all religious and ethnic groups; and the separation of politics and religion. In order to prevent the recurrence of military dictatorship, this Constitution enshrines civilian control of the armed forces.
We establish this Constitution so as to secure the blessings of liberty to ourselves and future generations. Banishing all the past outrages, shattering the dark, shining the light, and establishing the dignity of the Federal Union among the family of nations, this Constitution shall become the highest law of the Republic of the Federal Union of Burma..." |
| Language: | | English, Burmese |
| Source/publisher: | | Ethnic Nationalities Council |
| Format/size: | | PDF (493K) |
| Alternate URLs: | | http://www.burmalibrary.org/docs09/ENC-draft-bur.pdf (Burmese)
http://www.blc-burma.org/lr_con.html#ncub |
| Date of entry/update: | | 08 December 2010 |
|
| Title: | | Kachin State Constitution (Draft) |
| Date of publication: | | 2006 |
| Description/subject: | | Contents: Chapter (1) Kachin State;
Chapter (2) Fundamental Rights and Freedoms;
Chapter (3) Kachin State Legislative Assembly;
Chapter (4) Kachin State Government;
Chapter (5) Suffrage and Elections;
Chapter (6) Judiciary;
Chapter (7) Inter-Governmental Relations;
Chapter (8) Emergencies;
Chapter (9) General Provisions;
Chapter (10) Transitional Provisions;
Chapter (11) Amendment of the Constitution. |
| Language: | | English, Burmese |
| Source/publisher: | | Kachin State Constitution Drafting Committee |
| Format/size: | | pdf (513K) |
| Date of entry/update: | | 03 October 2007 |
|
| Title: | | THE FOURTH INITIAL DRAFT OF CONSTITUTION OF CHINLAND |
| Date of publication: | | May 2004 |
| Description/subject: | | ချင်းလဲန်းဖွဲ့စည်းပုံအခြခံမူကြမ်း(၄):
"အပိုင်း(၁)ချင်းအမျိုးသားများ၏နောက်ခံသမိုင်းများ"
(၁)ချင်းအမျိုးသားများ၏နိုင်ငံရေးနှင့်လူမှုရေး နောက်ခံသမိုင်းအကျဉ်း
(၂)နိုင်ငံရေးနောက်ခံသမိုင်း
(၃)ချင်းလူမျိုးတို့၏လွတ်လပ်သောနိုင်ငံတည်ထောင်ပိုင်ခွင့်
(၄)ပြည်ထောင်စုမြန်မာနိုင်ငံ ဖွဲ့စည်းမှု အဖွဲ့ဝင်အဖြစ်ချင်းလူမျိုးများပါဝင်ခြင်း
(၅)အင်္ဂလိပ်အုပ်ချုပ်မှုမတိုင်ခင်လွတ်လပ်သော ချင်းလဲန်းနှင့် ယနေ့ချင်းလဲန်း
(၆)ချင်းလူမှုရေးနှင့်ယဉ်ကျေးမှုနောက်ခံသမိုင်း
"အပိုင်း(၂)ဖက်ဒရယ်ပြည်ထောင်စုပြန်လည်တည်ဆောက်ရန်
ချင်းအမျိုးသားများ၏တောင်းဆိုချက်များ"
(၁)ပြည်ထောင်စုမြန်မာနိုင်ငံအားဖက်ဒရယ်ပြည်ထောင်စုအဖြစ် ပြန်လည်
ဖွဲ့စည်းခြင်း
(၂)ဖက်ဒရယ်ပြည်ထောင်စုပြန်လည်ဖွဲ့စည်းနိုင်ရေး အခြေခံသဘောတရားများ
(၃)ချင်းလဲန်းဖွဲ့စည်းပုံအခြေခံဥပဒေနှင့်အစိုးရဖွဲ့စည်းပုံများ
"အပိုင်း(၃)ချင်းလဲန်းဖွဲ့စည်းအုပ်ချုပ်ပုံမူကြမ်း"
(၁)ချင်းလဲန်းဖွဲ့စည်းအုပ်ချုပ်ပုံအခြေခံဥပဒေနိဒါန်း
(၂)ချင်းလဲန်းပိုင်နက်နယ်မြေ
(၃)ချင်းပြည်သူတို့၏ဆန္ဒ
(၄)တသီးပုဂ္ဂလအခွင့်
အရေးများ
(၅)တသီးပုဂ္ဂလတာဝန်များ
(၆)ချင်းနိုင်ငံသားဖြစ်မှုနှင့် အမျိုးသားရေး
(၇)ရွေးကောက်တင်မြောက်ခြင်း
(၈)ဥပဒေပြုရေး
(၉)အုပ်ချုပ်ရေး
(၁၀)တရားစီရင်ရေး
(၁၁)အုပ်ချုပ်ရေး (စီမံခန့်ခွဲရေး)
(၁၂)ပြည်သူ့ဝန်ထမ်းကော်မရှင်
(၁၃)ရာထူးမှဖယ်ရှားခြင်း
(၁၄)ဒေသန္တရအစိုးရ
(၁၅)ဘဏ္ဍာရေး၊အကောက်ခွန်နှင့်
ဘဏ္ဍာတော်
(၁၆)ပြည်သူ့ပညာရေး
(၁၇)ပြည်သူ့ကျန်းမာရေး
(၁၈)ပြည်သူ့လူမှုဖူလုံရေး
(၁၉)ယဉ်ကျေးမှုနှင့် လူထု
ဆက်သွယ်ရေး
(၂၀)ချင်းလဲန်းလက်နက်ကိုင်အဖွဲ့
(၂၁)အထွေထွေဥပဒေများ
(၂၂)ပြည်နယ်များနှင့် ပြည်နယ်ဖက်ဒရယ်ဆက်ဆံမှု
(၂၃)ပြင်ဆင်ဖြည့်စွက်ခြင်း၊အချက်ပို (၁) |
| Language: | | မြန်မာဘာသာ/အင်္ဂလိပ်ဘာသာ |
| Source/publisher: | | The Chin Forum |
| Format/size: | | pdf (434 KB) |
| Alternate URLs: | | http://www.chinforum.org/cfconstitutions/4th_cc_eng_bur.pdf (Burmese&English)
http://www.chinforum.org/cfconstitutions/4th_chin_con.pdf (English) |
| Date of entry/update: | | 15 September 2010 |
|
| Title: | | Arakan State Constitution (The First Proposed Draft) |
| Date of publication: | | 2004 |
| Description/subject: | | Preamble:
The Constitution of Arakan State is instituted for the preservation of a united and durable Arakan Nation; and for every citizen to be fulfilled in justice, life, liberty, prosperity, respect, dignity, kindness, tradition, and faith...
Part One:
Bill of Rights; Part 2:
Formation of the State;Part 3:
Provision of citizenship; Part 4:
Provision of Voting Rights and Creation of Constituency: Part 5:
Administrative power; procedure for the transfer of power; Part 6:
Legislative Power; Part 7:
Judicial; Part 8:
State Government Administration. |
| Language: | | Burmese, English |
| Source/publisher: | | Arakan State Constitution Drafting Committee (Arakan National Council) |
| Format/size: | | pdf (662K) |
| Date of entry/update: | | 03 October 2007 |
|
| Title: | | Federalism, State Constitutions And Self-Determination in Burma_Report on State Constitutions Drefting Process |
| Date of publication: | | 2003 |
| Description/subject: | | Part One: Burmese Section:ပြည်နယ်များ၏ဖွဲ့စည်းပုံအခြေခံဥပဒေရေးဆွဲရေးလုပ်ငန်းစဉ်နှင့်ပတ်သတ်သောအစီရင်ခံစာ (ဆလိုင်းလျန်မှုန်းဆာခေါင်း)
Part Two: English Section
1.Introduction:(i)Foreword (Chao-Tzang Yawnghwe)(ii)Report on State Constitutions Drafting Process(Lian H. Sakhong)
2.Federalism, State Constitutions and Self-Determination:(i)Federalism, State Constitutions and Ethnic Self-Determination (Chao-Tzang Yawnghwe)(ii)Burma:State Constitutions and the Challenges Facing the Ethnic Nationalities (Chao-Tzang Yawnghwe)
3.The Role of State Constitutions in the Protection of Nationality and Monitority Rights:Lessons From Other Countries (i)Australian Federalism, State Constitutions and the Protection of minority Rights (Cheryl Saunders)(ii)Federalism, Diversity and Minority Rights: What can we learn from India (Yogendra Yadav) (iii)Nigeria'sExperience in Managing the Challenges of Ethnic and Religious Diversity through Constitutional Provisions (Otive Igbuzor)
4.American Model Of State Constitutions:(i)Model State Constitution
5.German Model Of Local Governments: (i)Federalism and Local Self-Governmennt in Germany (Harald Hofmann) |
| Author/creator: | | Chao-Tzang Yawnghwe and Lian H.Sakhong |
| Language: | | အင်္ဂလိပ်ဘာသာ/မြန်မာဘာသာ |
| Source/publisher: | | ENC "PEACEFUL CO-EXISTENCE: Towards Federal Union of Burma [Series No.5]" |
| Format/size: | | pdf (942 KB) |
| Date of entry/update: | | 14 September 2010 |
|
| Title: | | The original chapters on Fundamental Principles and Detailed Basic Principles |
| Date of publication: | | 1996 |
| Description/subject: | | The original chapters on Fundamental Principles and Detailed
Basic Principles adopted by the National Convention
These chapters, 1. State fundamental principles; 2. State Structure; 3. Head of State; 4. Legislature; 5.
Executive; 6. Judiciary were adopted by the National Convention between 1993 and 1996. In 2007, in the
process of completing the National Convention, some changes were made to the original versions and
incorporated into the document issued as “Fundamental Principles and Detailed Basic Principles”
(Adopted by the National Convention), online at http://www.ibiblio.org/obl/docs4/DBP-KKH-2.pdf
For the record, and in case anyone wants to compare the versions, they are presented here, along with
the section on Self-Administered Divisions and Self-Administered Zones which was not allocated to a
specific chapter.
Sources: “The New Light of Myanmar” -- see http://www.burmalibrary.org/show.php?cat=1314&lo=d&sl=0 |
| Language: | | English |
| Source/publisher: | | "The New Lilght of Myanmar" |
| Format/size: | | pdf (323K) |
| Date of entry/update: | | 03 October 2007 |
|
| Title: | | NLD Interim Constitution |
| Date of publication: | | 28 July 1990 |
| Description/subject: | | Amendments to the 1947 Original Law of the Constitution |
| Language: | | English |
| Source/publisher: | | National League for Democracy |
| Format/size: | | html |
| Date of entry/update: | | 15 December 2010 |
|
| Title: | | Shan Federal Proposal, 1961 |
| Date of publication: | | 25 February 1962 |
| Description/subject: | | Document containing proposals For the REVISION of the CONSTITUTION OF THE UNION OF BURMA submitted by THE SHAN STATE, translated by Sao Singha. This document was ratified by the Convention, attended by delegates from the entire Shan State, which was held in Taunggyi on Saturday, 25th of February, 1961. |
| Language: | | English |
| Format/size: | | html |
| Date of entry/update: | | 08 December 2010 |
|
| Title: | | Government of Burma Act, 1935 ("The 1937 Constitution") |
| Date of publication: | | 02 August 1935 |
| Description/subject: | | "An Act to make further provision for the government of Burma. [2nd August 1935.]
Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-
PART I.
INTRODUCTORY
1.
This Act may be cited as the Government of Burma Act, 1935.
2.
(1) All rights, authority and jurisdiction heretofore belonging to His Majesty the King, Emperor of India, which appertain or are incidental to the government of the territories in Burma for the time being vested in him and all rights, authority and jurisdiction exercisable by him by treaty, grant, usage, sufferance or otherwise in, or in relation to, any other territories in Burma, are exercisable by His Majesty, except in so far as may be otherwise provided by or under this Act, or as may be otherwise directed by His Majesty.
(2) The said rights, authority and jurisdiction shall include any rights, authority or jurisdiction heretofore exercisable in relation to any territories in Burma by the Secretary of State, the Secretary of State in Council, the Governor-General of India, the Governor-General of Indian in Council, the Governor of Burma or the Local Government of Burma, whether by delegation from His Majesty or otherwise..." |
| Language: | | English |
| Source/publisher: | | HMSO |
| Format/size: | | pdf (407K) |
| Date of entry/update: | | 16 March 2010 |
|
| Title: | | PROPOSALS OF THE GOVERNMENT OF INDIA FOR A NEW CONSTITUTION FOR BURMA. |
| Date of publication: | | 1920 |
| Description/subject: | | 1. Letter from the Government of India to the Secretary of state for India, No. 1 (Reforms), dated 25th March, 1920:
Enclosures in No. 1.:
1. Resolution by tbe Government of Burma, No. 1 L—7, dated 17th December, 1918,
publishing for discussion and criticism a provisional scheme of reform ...
Annexures to Enclosure No. 1.
1. Budget Committee under the proposed scheme;
2. (1) Board for Home Affairs;
(2) Board of Revenue and Finance;
(3) Board of Development ;
(4) Board of Local Self-Government...
3. Summary of Recommendations.....
2. Government of Burma's first scheme.:
Letter from the Government of Burma to the Government of India, No. 21—1—L—1. dated 2 June, 1919....
Annexures to Enclosure No. 2.
1. Speech by Sir Reginald Craddock, Lieutenant-Governor of Burma, 19th April,
1919, (Extract);
2. Proposed grouping of towns for purpose of representation on the Burma Legislative
Council;
3. Budget Committee under the proposed scheme;
4. (1) Board for Home Affairs...
(2) Board of Revenue and Finance;
(3) Board of Development;
(4) Board of Local Self-Govermnent …..
3. Criticism by the Government of India of the first scheme of the Government of Burma.
Letter from the Government of India to the Government of Burma, No. 2425, dated 18th
November, 1919;
4. Second scheme of the Government of Burma;
Letter from the Government of Burma to the Government of India, No. 59 T—1—L—8, dated
22nd January, 1920 . |
| Language: | | English |
| Source/publisher: | | Government of India via His Majesty's Stationary Office |
| Format/size: | | pdf (3.4MB) |
| Date of entry/update: | | 04 September 2012 |
|
-
National and State constitutions, draft constitutions and amendments (commentary)
Individual Documents
| Title: | | Institutional Design for Divided Societies: A Blue-print for a multi-ethnic Burma |
| Date of publication: | | May 2012 |
| Description/subject: | | "The retrospective analysis of an institutional breakdown – democratic breakdown – in the union of Burma demonstrates that over six decades of conflict in Burma is rooted in a constitutional arrangement that fails to recognize the existence of ethno-cultural cleavages, resulting in the denial of power to territorially concentrated ethnic national minorities. Therefore, in this article, I argue that an asymmetrical federation with a written constitution is the most viable governance framework for a democratic future Burma due to its multi-ethnic segmental cleavages such as ethnicity, language, religion, culture, and territory. Such a constitutional federation will ensure shared rule for a common Union and self-rule for federating states drawn upon ethnic lines.
To contextualize an institutional design for future Burma in a comparative international perspective, I examine the core arguments put forward by the integrationist and accommodationist camps as a theoretical framework within which to discuss the management of societal divisions, including their implications and applicability to Burma. To prove that a constitutional federation that draws together elements of both integrationist and accommodationist theory, I revisit and analyse reasons behind the constitutional crises of Burma, the basis upon which Burma emerged as a country, the composition of its ethnic fragmentations, and competing visions of the Union of Burma itself. With respect to an institutional design for a future Burma, there are two main components in my proposal: a disproportional upper chamber in the union legislature, whereby I envision an equal number of representatives from each constituent state; and separate legislatures and constitutions for each federating unit, dividing power between central and state governments along the line of US states and Canadian provinces. Lastly, I look at the current provisional constitution drafted by leaders of a democratic opposition – seven ethnic national minorities - in anticipation of a future federal Union of Burma..." |
| Author/creator: | | Zaceu Lian |
| Language: | | English |
| Source/publisher: | | Burma Centre for Ethnic Studies (Working Paper No. 1) |
| Format/size: | | pdf (377K - OBL version; 868K - original) |
| Alternate URLs: | | http://burmaethnicstudies.net/pdf/BCES-WP-1.pdf |
| Date of entry/update: | | 17 May 2012 |
|
| Title: | | Preliminary Analysis of Myanmar’s 2010 Electoral Laws |
| Date of publication: | | 31 March 2010 |
| Description/subject: | | "This briefing paper is intended to give a concise overview of the main provisions of the
electoral laws and bylaws issued by the Myanmar authorities in March 2010, and to
discuss some of the implications of the most important provisions. These laws establish
the detailed framework for the first elections in Myanmar for 20 years, which will take
place later this year on a date yet to be announced. These elections, while they will not
be free and fair, nevertheless represent the most important political shift in a
generation. A new political space will be created – however constrained it may be –
along with a set of new State institutions. The ageing military leadership will also hand
over the reins of power to a new generation. It is therefore vital to have a clear
understanding of this legislation and its likely consequences; however, much of the
debate so far has been based on a hasty and often erroneous reading of the laws..." |
| Author/creator: | | Richard Horsey |
| Language: | | English |
| Source/publisher: | | Conflict Prevention and Peace Forum |
| Format/size: | | pdf (149K) |
| Date of entry/update: | | 03 April 2010 |
|
| Title: | | Major flaws in the 2008 constitution |
| Date of publication: | | 06 March 2010 |
| Description/subject: | | "Burma’s constitution was ratified in the days following cyclone Nargis in May 2008 by an alleged 92 percent of the population, out of a total 98 percent who turned out to vote, the ruling junta asserted. International observers have said however that voter intimidation and corruption, not to mention the deaths of 140,000 people from the cyclone, distorted the real picture, particularly as the cyclone prevented millions from accessing polling booths.
The constitution will play a key role in the results of elections this year; several clauses bar opposition leader Aung San Suu Kyi from participating, while other deliberately vague laws appear to permit use of intimidation and threats against opposition by the government. Critics of the ruling junta have already said that the elections will be a charade aimed at cementing military rule in Burma..." |
| Author/creator: | | Aung Htoo |
| Language: | | English |
| Source/publisher: | | Democratic Voice of Burma (DVB) |
| Format/size: | | html |
| Date of entry/update: | | 26 October 2010 |
|
| Title: | | A State-run "Market Economy" |
| Date of publication: | | November 2009 |
| Description/subject: | | Without the rule of law, there are no guarantees the economy will be free of state interference under the 2008 Constitution...
"The economic aspects of Burma’s 2008 Constitution have been notably absent from the recent written analysis of its implications for Burmese society. Though constitutions are not primarily economic documents, Burma’s latest Constitution does contain clauses that have economic import, and it is worth looking at them carefully.
There is an important caveat, however, and this is that a regime that consistently honors the rule of law only in the breach and has many incentives (financial and otherwise) for maintaining the status quo is unlikely to change its behavior anytime soon; therefore, the Constitution may amount to little. Regardless of whether the military abides by its Constitution, however, the document can provide insight into the thinking of its drafters..." |
| Author/creator: | | Sean Turnell |
| Language: | | English |
| Source/publisher: | | "The Irrawaddy" Vol. 17, No. 8 |
| Format/size: | | html |
| Alternate URLs: | | http://www2.irrawaddy.org/print_article.php?art_id=17134 |
| Date of entry/update: | | 28 February 2010 |
|
| Title: | | Above the Law |
| Date of publication: | | November 2009 |
| Description/subject: | | Burma’s rulers will continue to lean heavily on the judiciary to impose their vision of a “discipline-flourishing democracy”...
"After decades of military rule, many Burmese are no longer aware that their country had one of the most progressive judicial systems in the region after independence in 1948. Judges had secure salaries and could only be removed for misbehavior or incapacity. The courts were not afraid to challenge the executive, and the Supreme Court proclaimed that the 1947 Constitution should be interpreted in a “liberal and comprehensive spirit.” Even at the height of insurgencies against Rangoon in the late 1940s, the Supreme Court ordered police to release men who had been detained illegally.
ILLUSTRATION: HARN LAY/THE IRRAWADDY
The slide from a judiciary with integrity to its present role as defender of the military began when the late Gen Ne Win seized power and imprisoned Chief Justice Myint Thein for six years—longer than he imprisoned former Prime Minister U Nu. When Ne Win drafted the 1974 Constitution, he removed any remaining separation between the judiciary and the government. He packed the Council of People’s Justice, which replaced the Supreme Court, with members of the Burma Socialist Programme Party. The Constitution required the court to “protect the socialist system” rather than the rights of Burmese citizens.
Although the military revived the Supreme Court in 1988, Human Rights Watch maintains that judges still “serve at the whim of the SPDC and must follow the directives of the military.”..." |
| Author/creator: | | Arnold Corso |
| Language: | | English |
| Source/publisher: | | "The Irrawaddy" Vol. 17, No. 8 |
| Format/size: | | html |
| Date of entry/update: | | 28 February 2010 |
|
| Title: | | MYANMAR: Institutionalized denial of fundamental rights and the 2008 Constitution of Myanmar -- Human Rights Council, 12th Session |
| Date of publication: | | 07 September 2009 |
| Description/subject: | | "...The deeply flawed 2008 Constitution further entrenches arrangements for abuses of the sorts outlined above, and any serious attempts from the international community to take up issues of concern to the people of Myanmar in the lead up to and after the anticipated election must respond to the peculiar variety of unconstitutional constitutionalism that it envisages. In particular, the following aspects of the charter must be brought to the foreground and addressed before it is possible to proceed to more in-depth discussion about human rights in Myanmar under a government operating according to its parameters:..." |
| Language: | | English |
| Source/publisher: | | Asian Human Rights Commission via UN Human Rights Council (A/HRC/12/NGO/21) |
| Format/size: | | pdf (36K) |
| Alternate URLs: | | http://www.ahrchk.net/statements/mainfile.php/2006statements/2201/ |
| Date of entry/update: | | 04 December 2009 |
|
| Title: | | MYANMAR: TOWARDS THE ELECTIONS |
| Date of publication: | | 20 August 2009 |
| Description/subject: | | Executive Summary: "The bizarre prosecution and conviction of opposition leader and Nobel Peace laureate Aung San Suu Kyi for violating her house arrest has returned attention to repression in Myanmar, as preparations were underway for the first national elections in twenty years, now scheduled for 2010. This further undermined what little credibility the exercise may have had, especially when based on a constitution that institutionalises the militaryâ�" a number of prominent regime opponents have been arrested and sentenced to prison terms over the last year â�" the constitution and elections together will fundamentally change the political landscape in a way the government may not be able to control. Senior Generals Than Shwe and Maung Aye may soon step down or move to ceremonial roles, making way for a younger military generation. All stakeholders should be alert to opportunities that may arise to push the new government toward reform and reconciliation.
At first glance, the obstacles to change seem overÃÂwhelming. The 2008 constitution entrenches military power by reserving substantial blocs of seats in the national and local legislatures for the army, creating a strong new national defence and security council and vesting extraordinary powers in the commander-in-chief. It prevents Aung San Suu Kyi from standing for president, even if she were not imprisoned. It is extremely difficult to amend. And while not all regulations relating to the administration of the elections have been anÃÂnounced, they are unlikely to offer much room for manoevre to opposition parties.
But the elections are significant because the controversial constitution on which they are based involves a complete reconfiguration of the political structure â�" establishing a presidential system of government with a bicameral legislature as well as fourteen regional governments and assemblies â�" the most wide-ranging shake-up in a generation. The change will not inevitably be for the better, but it offers an opportunity to influence the future direction of the country. Ultimately, even assuming that the intention of the regime is to consolidate military rule rather than begin a transition away from it, such processes often lead in unexpected directions.
This report looks at the elections in the context of MyanÃÂmarâ�â¢s constitutional history. It examines key provisions of the 2008 constitution and shows how many of the controversial articles were simply taken from its 1947 or 1974 predecessors. Noteworthy new provisions include strict requirements on presidential candidates, the establishment of state/regional legislatures and governments, the reservation of legislative seats for the military, military control of key security ministries, the authority granted to the military to administer its own affairs (in particular military justice) and the creation of a constitutional tribunal.
Criticism of the constitution from groups within MyanÃÂmar has focused on military control, ethnic autonomy, qualifications for political office, and the very difficult amendment procedures. The main reaction of the populace to it and the forthcoming elections is indifference, rooted in a belief that nothing much will change. Some of the so-called ceasefire groups â�" ethnic minorities that have ended their conflicts with the government â�" are endorsing ethnic political parties that will take part in the polls. These groups take a negative view of the constitution but feel that there may be some limited opening of political space, particularly at the regional level, and that they should position themselves to take advantage of this. There are increased tensions, however, as the regime is pushing these groups to transform into border guard forces partially under the command of the national army.
The National League for Democracy (NLD), winner of the 1990 elections, has said it will only take part if the constitution is changed, and it is given the freedom to organise. Assuming this will not happen, it is not yet clear if it will call for a complete boycott in an attempt to deny the elections legitimacy or urge its supporters to vote for other candidates. A boycott could play into the hands of the military government, since it would not prevent the election from going ahead and would mainly deprive non-government candidates of votes, potentially narrowing the range of voices in future legislatures.
The Myanmar authorities must make the electoral process more credible. Aung San Suu Kyi and all other political prisoners must be released now and allowed to participate fully in the electoral process; politically-motivated arrests must cease. It also critical that key electoral legislation be promulgated as soon as possible, in a way that allows parties to register without undue restriction, gives space for canvassing activities and ensures transparent counting of votes.
The international community, including Myanmarâ�â¢s ASEAN neighbours, must continue to press for these measures while looking for opportunities that the elections may bring. This will require a pragmatic and nuanced strategy towards the new government at the very time, following a deeply flawed electoral process, when pressure will be greatest for a tough stance. The new Myanmar government, whatever its policies, will not be capable of reversing overnight a culture of impunity and decades of abuses and political restrictions. But following the elections, the international community must be ready to respond to any incremental positive steps in a calibrated and timely fashion. To have any hope of inducing a reform course, it is critical to find ways to communicate unambiguously that a renormalisation of external relations is possible..." |
| Language: | | English |
| Source/publisher: | | International Crisis Group (Asia Report Nð174) |
| Format/size: | | pdf (2.5MB) |
| Alternate URLs: | | http://www.crisisgroup.org/~/media/Files/asia/south-east-asia/burma-myanmar/174_myanmar___towards_t... |
| Date of entry/update: | | 24 August 2009 |
|
| Title: | | An Independent Analysis of the Principal Elements of the 2008 Constitution |
| Date of publication: | | 2009 |
| Description/subject: | | Reproduced, with the author’s permission, from “The State in Myanmar” by
Robert H Taylor published in 2009 by Hurst & Company, London..."The 2008 constitution contains a number of points that attempt to address issues
that had grown out of the state in Myanmar’s post-colonial history. Among these, most
prominently and controversially, in addition to the power and autonomy of the armed
forces under the constitution, and the complex issue of political autonomy for ethnicallydesignated
groups, was the distribution of power between the executive, legislature and
judiciary at various levels of government. The constitution is the army government’s
attempt to cast these issues in terms that will be politically resolvable and will avoid in
the future both the severe conflicts of the civil war and the popular upheaval of 1988.
Whether the constitution proves to be more durable and adaptable than its two
predecessors, of course, is a question that future historians will answer..." |
| Author/creator: | | Robert Taylor |
| Language: | | English |
| Source/publisher: | | Network Myanmar |
| Format/size: | | pdf (124K) |
| Date of entry/update: | | 10 March 2010 |
|
| Title: | | Constitutionalism Before Constitutions: Burma's Struggle to Build a New Order |
| Date of publication: | | 2009 |
| Description/subject: | | "In at least some cases - and Burma is one - seeking trust, integration,
and unity in the abstract may be neither useful nor even possible. Instead, a
reconciliation process should seek, quite specifically, to find constitutional
common ground well before drafting begins; it should be oriented toward
developing a shared constitutional vision that will provide the warring sides
with reason to commit to the new proposed regime. As the contending sides
come to realize that they might share specific and concrete constitutional
desires, they also come to realize that cohabitation might be possible. The moral of the story is that constitution making (broadly defined) is part and
parcel of the creation of social integrity and not merely its consequence...Part I offers an overview of the constitutional history of Burma to the
year 2000. Part II explains the constitutional processes going on today-not
only the military government's "roadmap to democracy" but also the
democracy movement's alternative process (or processes, depending on your
perspective). As will become plain, the two processes are very different: the
junta's roadmap has yielded a written constitution that will shortly become
the law of the land but which lacks all legitimacy.6 By contrast, the
democracy movement's alternative will not become sovereign law anytime
soon, but it has set in train social dynamics that might, in the long run, build the conditions necessary for genuine constitutional rule..." |
| Author/creator: | | David C. Williams |
| Language: | | English |
| Source/publisher: | | Indiana University Maurer School of Law Faculty Publications. Paper 492. |
| Format/size: | | pdf (740K-OBL version; 2.42K - original) |
| Alternate URLs: | | http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1492&context=facpub |
| Date of entry/update: | | 17 May 2012 |
|
| Title: | | The 2008 Myanmar Constitution: Analysis and Assessment |
| Date of publication: | | December 2008 |
| Description/subject: | | Contents:
I Purposes of constitutions and constitution making processes . 1
II Context of Constitutional Reform .. 4
III Process .. 6
Process for the preparation of the Constitution .. 7
IV Constitution. 11
Objectives and Basic Principles of the Constitution 11
Overview of the structure of the Constitution .. 12
Electoral system ... 16
Legislative bodies 20
State and Regional legislatures 22
Union territory legislature 22
Self-administered zone or division legislature . 23
Executives and Presidency ... 23
Constituting the Union government . 24
Powers and responsibilities of the President 25
Accountability of the President 26
Tatmadaw and Commander in Chief ... 26
Judiciary ... 28
Constitutional Tribunal 29
The relationship between the Union, States and Regions, and Self-Administered Areas . 31
Compatibility of laws ... 32
Finance and resources: relations between the Union and State, Regions and Self-Administered Areas . 33
Executive: relations between the Union and State, Regions and Self-Administered Areas 33
Emergency Powers... 34
Amendment Procedure. 36
Transitional Provisions 36
V Assessment ... 37 |
| Author/creator: | | Yash Ghai |
| Language: | | English |
| Source/publisher: | | Yash Ghai |
| Format/size: | | pdf (217K) |
| Date of entry/update: | | 19 December 2008 |
|
| Title: | | NEUE VERFASSUNG: Burmas Militärherrscher jubeln über ihr Referendum |
| Date of publication: | | 15 May 2008 |
| Description/subject: | | Hunderttausende Menschen in Burma leiden - doch die Militärjunta verkündet Erfolgsmeldungen: Den Generälen zufolge wurde die neue Verfassung mit über 92 Prozent Zustimmung angenommen. Ausländische Hilfe lassen die Machthaber weiter nur eingeschränkt zu - die Uno ist frustriert; referendum 2008; cyclone Nargis; UN aid programmes; |
| Language: | | German, Deutsch |
| Source/publisher: | | Spiegel Online |
| Format/size: | | Html (82 kb) |
| Date of entry/update: | | 15 May 2008 |
|
| Title: | | Chronology of Burma's Constitutional Process |
| Date of publication: | | 01 May 2008 |
| Description/subject: | | 1947-2008 |
| Language: | | English |
| Source/publisher: | | Human Rights Watch |
| Format/size: | | pdf (88K) |
| Date of entry/update: | | 01 May 2008 |
|
| Title: | | Vote to Nowhere - The May 2008 Constitutional Referendum in Burma |
| Date of publication: | | 01 May 2008 |
| Description/subject: | | "...On May 10, 2008, the Burmese military government will hold a referendum on a draft constitution that it claims will usher in a new era of “discipline-flourishing genuine multiparty democracy.”
However, the generals’ referendum, reflecting 46 years of brutal military rule, will not bring the people of Burma any closer to a democratic and rights-respecting government they so desperately seek, and for which they have courageously struggled. Instead, the draft constitution that the generals are demanding the Burmese people approve is designed to perpetuate military control in Burma, and obstruct any steps toward a meaningful multiparty democracy that upholds human rights.
The environment in Burma prior to the referendum has been one of continuing intimidation of the political opposition and general populace, denial of basic freedoms of expression, association, and assembly, and arbitrary arrests and detention. Under such widespread repression and a pervasive climate of fear, no free and fair referendum can take place in Burma.
Since the military crackdown on monks and pro-democracy protestors in August-September 2007, foreign governments and intergovernmental bodies have responded in varying ways. International criticism may be partly responsible for the referendum being announced, in February 2008, but it will not ensure that the vote is conducted freely. Concerted public pressure and targeted sanctions by the military government’s international supporters as well as its detractors is needed if there is to be any hope that real democratic progress, rather than further constitutional travesties, can be achieved..." |
| Language: | | English |
| Source/publisher: | | Human Rights Watch |
| Format/size: | | html, pdf (536K) |
| Alternate URLs: | | http://www.hrw.org/en/reports/2008/04/30/vote-nowhere-0 |
| Date of entry/update: | | 01 May 2008 |
|
| Title: | | Burma - schon vergessen? Diktatorische Volksabstimmung |
| Date of publication: | | 29 April 2008 |
| Description/subject: | | Am 10. Mai wird Burmas Bevölkerung an die Urne gerufen, um über die neue Verfassung abzustimmen. Dabei legt die burmesische Militärjunta ein kleines Lehrstück vor, wie Demokratie bei einer Volksabstimmung zur Farce wird.
politische Gefangene; referendum 2008; political prisoners |
| Author/creator: | | Christine Pluess, Arbeitskreis Tourismus & Entwicklung |
| Language: | | German, Deutsch |
| Source/publisher: | | Fairunterwegs |
| Date of entry/update: | | 03 May 2008 |
|
| Title: | | Constitutional Conundrum |
| Date of publication: | | April 2008 |
| Description/subject: | | As analysts and activists debate how to respond to the regime’s draft constitution, others ask if it will cement the generals’ hold on power or trigger a popular uprising...
"FOR the generals who rule Burma, it is a step closer to the coveted goal of permanent military control of the country’s politics. For its detractors, it is a potential lightning rod for decades of pent-up discontent. But for most, it is still a mystery, as they wonder if this is really a distant light at the end of the tunnel or the headlights of an impending disaster.
The Burmese regime’s draft constitution, which Burmese voters will be asked to endorse or reject in a referendum in May, has drawn many reactions from people both inside and outside the country.
Although there is little consensus on the constitution, which was 14 years in the making, few doubt that the referendum, if it actually goes ahead, will be the junta’s most significant political move since elections in 1990, when voters unequivocally signaled a desire for an end to military rule..." |
| Author/creator: | | Kyaw Zwa Moe |
| Language: | | English |
| Source/publisher: | | "The Irrawaddy" Vol. 16, No. 4 |
| Format/size: | | html |
| Date of entry/update: | | 27 April 2008 |
|
| Title: | | Framing the Future |
| Date of publication: | | April 2008 |
| Description/subject: | | Burma has always been cursed by its constitutions. So, is the upcoming referendum a chance for progress or a step back for the people? |
| Author/creator: | | Dominic Faulder |
| Language: | | English |
| Source/publisher: | | "The Irrawaddy" Vol. 16, No. 4 |
| Format/size: | | html |
| Date of entry/update: | | 27 April 2008 |
|
| Title: | | Essay on The Government of India Act 1935 |
| Date of publication: | | 01 February 2008 |
| Description/subject: | | 1. Introduction
2. Genesis of the Act
3. Some Features of the Act
4. Provincial Part of the Act
5. Federal Part of the Act
6. Gambles Taken by the British Government
7. Indian Reaction to the Proposed Federation
8. The Working of the Act
9. Postscript |
| Author/creator: | | David Steinberg |
| Language: | | English |
| Source/publisher: | | House of David |
| Format/size: | | html |
| Date of entry/update: | | 17 March 2010 |
|
| Title: | | DESIGNING FEDERALISM IN BURMA |
| Date of publication: | | 2005 |
| Description/subject: | | CONTENTS:Forewords (David Williams)...
PART ONE:THE BASIC PRINCIPLES:
1. Federalism, Constitution Making and State Building in Burma (Lian H. Sakhong) Introduction ... Federalism: Theoretical Analysis... Federalism in Burmese Contexts: Lessons from 1947... Nation-Building and the Problem of Forced Assimilation ... State-Building and Unity in Diversity: An Option for the Future... Conclusion: Finding Equilibrium between Nation-Building and State Building ....
2. The Basic Principles for Future Federal Union of Burma
(Lian H. Sakhong)... Preamble ... The Basic Principles of Federalism at the time of Union Formation ... Proposal for the Future ....
PART TWO:CONSTITUTIONAL DESIGN FOR BURMA...
3. Constitutional Design for Burma:The First Lecture (2003)
(David C. Williams)... A. The Purpose of a Constitution ... (i) Electoral Systems ... (ii) Separation of Powers ... (iii) Federalism .... (iv) Individual Rights ... B. Securing the Basis of Consent ... C. Federalism ... D. Electoral Systems ...
E. The Union Constitution ... F. Judicial Review ...
4. Constitutional Design for Burma:The Second Lecture (2004)
(David C. Williams)... A. Introduction ... B. State-Building and Nation-Building ... (i) States ... (ii) Nations ... (iii) States and Nations ... C. Federalism ... D. Federalism in Foreign Affairs ... (i) The States’ Ability to Make Their Own Foreign Policy ...
(ii) The States’ Participation in Foreign Policy ... (iii) Political Pressure ... (iv) Implementation ... (v) Direct Participation ... (vi) Permanent Staffs ...E. Electoral Systems ... (i) Majoritarian Systems ... (ii) Proposal Systems ... (iii) Combing Systems ... F. Conclusion ....
PART THREE:CONSTITUTIONAL DESIGN AND FUNDAMENTAL RIGHTS...
5. Constitutional Drafting and Fundamental Rights:The Example of Religious Freedom (Susan H. Williams) ...
6. Constitutional Drafting and Fundamental Rights:The Example of Gender Equality (Susan H. Williams) .... |
| Author/creator: | | David C.Williams, Lian H.Sakhong, Susan H.Williams |
| Language: | | English |
| Source/publisher: | | ENC "PEACEFUL CO-EXISTENCE: Towards Federal Union of Burma [Series No.10]" |
| Format/size: | | pdf (723.41 KB) |
| Date of entry/update: | | 30 August 2010 |
|
| Title: | | Burma's Ethnic Problem is Constitutional |
| Date of publication: | | April 2002 |
| Description/subject: | | Federalism in Burma: "...Has Burma really been on the brink of fragmentation since independence? Are
the ethnic nationalities and the politics of ethnicity the root cause of the problem? Was General Ne Win correct when he
claimed in 1962 that he had to seize state power to prevent Burma from disintegration? The current State Peace and
Development Council also claims that there are 135 languages and 8 major races in Burma requiring a strong centralized
military to keep the country together. Is this true? ..." |
| Author/creator: | | Harn Yawnghwe and B. K. Sen |
| Language: | | English |
| Source/publisher: | | "Legal Issues on Burma Journal" No. 11 (Burma Lawyers' Council) |
| Format/size: | | PDF |
| Alternate URLs: | | The original and authoritative version of this article may be found in "Legal Issues on Burma Journal" No. 11 at
http://www.blc-burma.org/activity_pub_liob.html |
| Date of entry/update: | | 03 June 2003 |
|
| Title: | | Federalism and Self-Determination: Some Reflections |
| Date of publication: | | April 2002 |
| Description/subject: | | Federalism in Burma:
"Federalism has, for many decades now, been seen an answer to the challenges posed by multi-ethnic societies the world over.
In some cases, the idea has worked, while in others it manifestly has not. Where it has failed, the reasons have often lain as
much with human deficiencies as with systemic shortcomings..." |
| Author/creator: | | Venkat Iyer |
| Language: | | English |
| Source/publisher: | | "Legal Issues on Burma Journal" No. 11 (Burma Lawyers' Council) |
| Format/size: | | PDF |
| Alternate URLs: | | The original and authoritative version of this article may be found in "Legal Issues on Burma Journal" No. 11 at
http://www.blc-burma.org/activity_pub_liob.html |
| Date of entry/update: | | 03 June 2003 |
|
| Title: | | Federalism as a Solution to the Ethnic Problem in Burma |
| Date of publication: | | April 2002 |
| Description/subject: | | Federalism in Burma: "From January 4, 1948, the day the Union of Burma came into existence as an independent nation, the people and their leaders
have been divided over how to achieve national unity and structure their state. Until 1988, it was federal in name and theory,
but unitary in practice. After five decades of political discussion, peaceful movements for secession or autonomy and warfare,
the majority Burmans and most of the ethnic minorities remain disunited. From time to time efforts have been made by the
Government of Burma and the minorities, either alone or in groups, to end revolt and disunity, but none have succeeded.
Today, the basic problem is the same as the one the nation's founding fathers faced fifty years ago: how to construct a political
system wherein diverse peoples feel free and equal, able to govern themselves in their own areas, protect and preserve their
languages, cultures and traditions, while at the same time give their political loyalty to the nationstate..." |
| Author/creator: | | Josef Silverstein |
| Language: | | English |
| Source/publisher: | | "Legal Issues on Burma Journal" No. 11 (Burma Lawyers' Council) |
| Format/size: | | PDF |
| Alternate URLs: | | The original and authoritative version of this article may be found in "Legal Issues on Burma Journal" No. 11 at
http://www.blc-burma.org/activity_pub_liob.html |
| Date of entry/update: | | 03 June 2003 |
|
| Title: | | Federalism With A New Twist: Burma's Only Option |
| Date of publication: | | April 2002 |
| Description/subject: | | Federalism in Burma:
"The author of the article "The Panglong Spirit Lives On" (Chao-Tzang Yawnghwe in The Irrawaddy, July 2001) argued that the
guiding principle of the Panglong Accord is "unity in diversity". He raised the question as to whether there is a formula for
ending Burma's decades of ethnic strife, and answered it himself with "Yes, and it is none other than the political vision that
brought modern Burma into existence half a century ago".
This is begging the question: what is this political vision, which is abstract in terms of people's understanding? The meaning of
terminology such as "unity in diversity" is academically attractive, but in the understanding of the activists it helps little. However,
Yawnghwe retrieved much of the ground lost in the struggle evolving a viable concept for the establishment of a stable Burma
by stating that the major goal is the establishment of a democratic, federal Union of Burma, to be composed of self-determining
states living together in equality and peace. It is argued that core issues must be addressed, and the debate has to be brought to
a fruitful end..." |
| Author/creator: | | B. K. Sen |
| Language: | | English |
| Source/publisher: | | "Legal Issues on Burma Journal" No. 11 (Burma Lawyers' Council) |
| Format/size: | | PDF |
| Alternate URLs: | | The original and authoritative version of this article may be found in "Legal Issues on Burma Journal" No. 11 at
http://www.blc-burma.org/activity_pub_liob.html |
| Date of entry/update: | | 03 June 2003 |
|
| Title: | | Federalism, Burma and How The International Community Can Help |
| Date of publication: | | April 2002 |
| Description/subject: | | Federalism in Burma: "International Community can help via systematic study and consideration of the world's federations, in pursuit of an
understanding of what federalism can achieve when presented with a range of entrenched political and/ or ethnic problems. The
international community thus provides and becomes the backdrop, and the actor/ participants can research, inform, educate,
and consider whether and in what ways federalism can provide some solutions to the crisis of governance in which they
flounder.
Burma has never progressed past the polarised and prevailing view of federalism, yet for so long an aspiration of many of
Burma's leaders, notably the National Democratic Front (NDF) since its formation in 1976, and still today. 1 The United
Nationalities League for Democracy (UNLD) an umbrella political organisation of non-Burman nationalities that formed in 1989
likewise embraces federalism as a path to political, therefore constitutional settlement, that will bring peace and prosperity. 2
Until the political actors in and of Burma have this debate, its ability to resolve its political differences by political means to
effect a constitutional settlement will elude them. National reconciliation will remain a catch cry..." |
| Author/creator: | | Janelle Saffin |
| Language: | | English |
| Source/publisher: | | "Legal Issues on Burma Journal" No. 11 (Burma Lawyers' Council) |
| Format/size: | | PDF |
| Alternate URLs: | | http://www.blc-burma.org/activity_pub_liob.html |
| Date of entry/update: | | 03 June 2003 |
|
| Title: | | Federalism: Putting Burma Back Together Again |
| Date of publication: | | April 2002 |
| Description/subject: | | Federalism in Burma: "This paper deals with the absence or the non-existence of a functional relation between the state in Burma and broader society
which is also made up of non-Burman 1 ethnic segments that inhabit the historical-territorial units comprising the Union of
Burma. 2
Introduction: Putting the Country Back Together Again
The paper looks into the problems related to the task, as yet to be accomplished, of "putting the country back together again",
in contrast to the claim of the military and its state is "keeping the country together". It is here argued that although the military
has, in a manner of speaking, "kept the country together", it has also distorted the relation between the state in Burma and
broader society by monopolizing power and excluding societal elements and forces from the sphere of the state and from the
political arena. The military's centralist, unitary impulse, informed by it ethnocentric (Burmanization) national unity formula, has
contributed to a dysfunctional state-society relation, that has in turn brought about the present crisis of decay and general
breakdown, making Burma a failed state..." |
| Author/creator: | | Chao-Tzang Yawnghwe |
| Language: | | English |
| Source/publisher: | | "Legal Issues on Burma Journal" No. 11 (Burma Lawyers' Council) |
| Format/size: | | PDF |
| Alternate URLs: | | http://www.blc-burma.org/activity_pub_liob.html |
| Date of entry/update: | | 15 July 2010 |
|
| Title: | | In Search of a Constitution for Burma |
| Date of publication: | | April 2002 |
| Description/subject: | | Federalism in Burma: "Constitution can be a strong foundation for every country to be established as a just, free, peaceful and developed society.
Burma is in the process of producing a new constitution. By amalgamating lessons from previous historical experiences and
current practical situation of the country, it is hoped that a proper constitution for future Burma might be produced.
Major concern is that without finding ways and means to resolve the underlying issues of a country, production of constitution
superficially is meaningless and constitution might not be effective from positive aspect in our future society. In this account, the
constitution making process or the way, how a constitution will be produced, is of paramount importance. In attempting to
produce a constitution, onesided or unproper guidance to the people should be avoided. In a genuine constitution making
process, the people, regardless of race, social origin, gender and etc, should be allowed to uncover their sufferings frankly,
propose possible solutions positively, and express their will to restructure the society freely thereby leading the process to be
more and more participatory. Any kind of discrimination should not be exercised within a genuine constitution making process
whether be it federal or state constitution making processes..." |
| Author/creator: | | Aung Htoo |
| Language: | | English |
| Source/publisher: | | "Legal Issues on Burma Journal" No. 11 (Burma Lawyers' Council) |
| Format/size: | | PDF |
| Alternate URLs: | | http://www.blc-burma.org/activity_pub_liob.html |
| Date of entry/update: | | 03 June 2003 |
|
| Title: | | Interview With Sao Seng Suk |
| Date of publication: | | April 2002 |
| Description/subject: | | Federalism in Burma:
(Sao Seng Suk is the Chairman of the Shan State Constitution Drafting Committee. Following is a literal transcript of the
interview he had with U Aung Htoo and B. K. Sen).
"Do you consider the constitution to be the core issue in a peaceful political settlement in Burma?"
Sao Seng Suk: "Yes, I certainly do. Because all problems arose since Pyidaungzu was established in 1947 from the then
constitution. If all accept democratic constitution, historical problems can be settled peacefully and the country rebuilt according
to constitution, as there will be many kinds of freedom, freedom of expression, freedom of activities, etc."
"What type of Constitution will be viable?"
Sao Seng Suk: "Federal type constitution, federal is suitable for us..." |
| Author/creator: | | U Aung Htoo, B. K. Sen |
| Language: | | English |
| Source/publisher: | | "Legal Issues on Burma Journal" No. 11 (Burma Lawyers' Council) |
| Format/size: | | PDF |
| Alternate URLs: | | The original and authoritative version of this article may be found in "Legal Issues on Burma Journal" No. 11 at
http://www.blc-burma.org/activity_pub_liob.html |
| Date of entry/update: | | 03 June 2003 |
|
| Title: | | Secession and Self-Determination in the Context of Burma's Transition |
| Date of publication: | | December 2001 |
| Description/subject: | | "The word 'secession' has originated from the concept of 'self-determination'. Apart from its historical context,
'self-determination' can also be seen in its plain meaning. The Oxford Dictionary defines 'self-determination as, 'The right of a
nation or people to decide what form of government it will have or whether it will be independent of another country or not'.
The second part of this definition is easy to understand. A nation or people has the right to be independent of another country
when under subjugation of that country. But sometimes it is difficult to determine whether a nation striving for selfdetermination
is actually a nation..." |
| Author/creator: | | B.K. Sen |
| Language: | | English |
| Source/publisher: | | "Legal Issues on Burma Journal" No. 10 (Burma Lawyers' Council) |
| Alternate URLs: | | The original (and authoritative) version of this article may be found in http://www.ibiblio.org/obl/docs/Legal_Issues_on%20Burma_Journal_10.pdf |
| Date of entry/update: | | 03 June 2003 |
|
| Title: | | Designing Constitution as Policy Formulation |
| Date of publication: | | April 2001 |
| Description/subject: | | "An intensive people's movement for the restoration of democracy and human rights has been existing in Burma for more than a
decade. In the meantime, both government and opposition groups have been drafting constitutions, to be put into force during the
transition to a more open and democratic system of government..." |
| Author/creator: | | Khin Maung Win |
| Language: | | English |
| Source/publisher: | | "Legal Issues on Burma Journal" No. 8 (Burma Lawyers' Council) |
| Alternate URLs: | | The original (and authoritative) version of this article may be found in http://www.ibiblio.org/obl/docs/Legal%20Issues%20on%20Burma%20Journal%208.pdf |
| Date of entry/update: | | 03 June 2003 |
|
| Title: | | Burma's Election and Constitutional History: A Snapshot |
| Date of publication: | | December 2000 |
| Description/subject: | | "...The nation's constitutional and election history highlights the difficulties that
have been encountered in securing peace with the people, particularly as the
armed forces (Tatmadaw) have long ruled Burma. There is no culture of consent
between the governed and the government and this is a constant of political
life. Until this is remedied, the country embroiled in its own civil war for 52
years will stay at war in one form or another..." |
| Author/creator: | | Janelle Saffin |
| Language: | | English |
| Source/publisher: | | Legal Issues on Burma Journal No. 7 (Burma Lawyers' Council) |
| Alternate URLs: | | The original (and authoritative) version of this article may be found on http://www.ibiblio.org/obl/docs/Legal%20Issues%20on%20Burma%20Journal%207.pdf |
| Date of entry/update: | | 03 June 2003 |
|
| Title: | | Rival Constitution Writing Processes: A Problem in National Reconciliation in Burma |
| Date of publication: | | December 2000 |
| Description/subject: | | "One of the major issues proving to be an obstacle to the achievement of national reconciliation in Burma is the rival constitution
writing processes initiated by opposing forces. As the competing political forces use the constitutional drafting process as a
political football, the chance for dialogue and prospects for national reconciliation remain dim.
The State Peace and Development Council's (SPDC) constitution drafting process, which started in January 1993, emerged as a
method utilized by the junta to deter the National League for Democracy (NLD) from taking power. As the junta strictly controls
the entire constitution writing process, other forces including the NLD and ethnic organizations who have signed ceasefire
agreements with the junta, have been denied the right to freely participate in the junta initiated process..." |
| Author/creator: | | Khin Maung Win |
| Language: | | English |
| Source/publisher: | | Legal Issues on Burma Journal No. 7 (Burma Lawyers' Council) |
| Alternate URLs: | | The original (and authoritative) version of this article may be found on http://www.ibiblio.org/obl/docs/Legal%20Issues%20on%20Burma%20Journal%207.pdf |
| Date of entry/update: | | 03 June 2003 |
|
| Title: | | Issues of self-determination in Burma |
| Date of publication: | | April 2000 |
| Description/subject: | | "This paper seeks to provide an introduction to the concept of self-determination, and to suggest the importance of this concept
in Burma. A comprehensive analysis of either topic is beyond the scope of this paper, which is aimed at readers without great
familiarity with either area. Suggestions for further reading may be found in the references.
The paper begins by discussing the concept of self-determination, and its varied meanings. A brief history of the development of
the concept follows, in which the meaning of self-determination beyond decolonisation is touched upon. The situation of
minorities within a state is then considered. The second section of the paper is a discussion of the particular case of Burma..." |
| Author/creator: | | Louise Southalan |
| Language: | | English |
| Source/publisher: | | Legal Issues on Burma Journal No. 5 (Burma Lawyers' Council) |
| Date of entry/update: | | 03 June 2003 |
|
| Title: | | Burma's Future Constitution: Comparing and contrasting democracy and human rights provisions in two draft Burmese constitutions from an international perspective |
| Date of publication: | | October 1999 |
| Description/subject: | | "...This article has discussed the draft constitutions for Burma proposed by the National Convention, the body established by the
ruling party, and that proposed by the opposition National Council of the Union of Burma. It has reviewed aspects such as the
process of constitution of drafting, the electoral system, constitutional supremacy and amendments and appointments to and
function of the courts, as well as a Bill of Rights, a Human Rights Commission and declarations of states of emergency.
The National Convention's constitution contains many strongly anti-democratic provisions and is silent on several key issues. In
contrast, the NCUB's constitution attempts to create a democratic system, but includes several provisions that should be
reworked to strengthen democratic checks and balances and prevent future state abuse of power." |
| Author/creator: | | Jeremy Sarkin |
| Language: | | English |
| Source/publisher: | | Legal Issues on Burma Journal No. 4 (Burma Lawyers' Council) |
| Date of entry/update: | | 03 June 2003 |
|
| Title: | | Burma, South-East Asia and The Road to Democratic Constitution |
| Date of publication: | | May 1999 |
| Description/subject: | | Drafting a constitution in Burma. Comparison of the constitutional history of Burma and Thailand and a list of elements needed in a new Burmese constitution. |
| Author/creator: | | Vitit Muntarbhorn |
| Language: | | English |
| Source/publisher: | | Legal Issues on Burma Journal No. 3 (Burma Lawyers' Council) |
| Date of entry/update: | | 03 June 2003 |
|
| Title: | | Convening the People's Assembly: A Legal Analysis |
| Date of publication: | | May 1999 |
| Description/subject: | | "According to Burma's two supposedly superseded constitutions, that of 1947 and 1974, the Pyithu Hluttaw (the People's
Assembly) is the body charged with exercising State power. The 1989 Pyithu Hluttaw Election Law (called the Election Law),
under which the 1990 elections were conducted, also provides that the duty of representatives elected in accordance with the
Election Law is to form the Pyithu Hluttaw (Section 3).
The ruling military junta, the people of Burma and the international community acknowledged without qualification that the May
1990 general election was free, fair and lawful. It then follows that those representatives elected by the people in the 1990
election have the lawful right to form a Pyithu Hluttaw that exercises legislative power and appoints a government in accordance
with the legal norms of Burma..." |
| Author/creator: | | Burma Lawyers' Council |
| Language: | | English |
| Source/publisher: | | Legal Issues on Burma Journal No. 3 (Burma Lawyers' Council) |
| Date of entry/update: | | 03 June 2003 |
|
| Title: | | Drafting a Constitution in Burma: A Struggle for Participatory Process |
| Date of publication: | | May 1999 |
| Description/subject: | | Critique of the National Convention. Comparison between the constitution-drafting processes and principles of the Burmese military, the NLD and the NCUB, with additional comparison with the constitution-drafting processes in the Philippines and Thailand. |
| Author/creator: | | Burma Lawyers' Council |
| Language: | | English |
| Source/publisher: | | Legal Issues on Burma Journal No. 3 (Burma Lawyers' Council) |
| Date of entry/update: | | 03 June 2003 |
|
| Title: | | Lessons From the Past |
| Date of publication: | | May 1999 |
| Description/subject: | | Drafting a constitution in Burma
"As the peoples and leaders of Burma approach the task of writing a third constitution, a good place to begin is by asking the
question, why did the previous constitutions fail to unite the indigenous ethnic minorities and the government in peaceful viable
polity. At the heart of the problem is the questions which vexed the founding fathers-how to construct a union in which people
who formerly were separated could be joined together so as to benefit from unity while remaining nominally autonomous in their
own areas on matters of political rule, economy and culture.
Probably the clearest and most direct statement on the question was made by the AFPFL- the nationalist party which led the
nation to independence- just before Aung San went to England to discuss Burma's future with the British Prime Minister..." |
| Author/creator: | | Josef Silverstein |
| Language: | | English |
| Source/publisher: | | Legal Issues on Burma Journal No. 3 (Burma Lawyers' Council) |
| Date of entry/update: | | 03 June 2003 |
|
| Title: | | The Pyidaungzu, Federalism and Burman Elites: A Brief Analysis |
| Date of publication: | | May 1999 |
| Description/subject: | | Drafting a constitution in Burma.
"Federalism is not quite understood in Burma. In fact, it would not be wrong to say it is grossly misunderstood by -- among
many others -- the Burman population segment, or at least by its armed elites (or elites in uniform).
To armed Burman elites, Federalism is synonomous with the destruction or the disintegration of the Union. The
Burman-dominated military led by General Ne Win introduced and entrenched this idea when they usurped power in 1962..." |
| Author/creator: | | Chao-Tzang Yawnghwe |
| Language: | | English |
| Source/publisher: | | Legal Issues on Burma Journal No. 3 (Burma Lawyers' Council) |
| Format/size: | | html |
| Date of entry/update: | | 03 August 2004 |
|
| Title: | | THE WILL OF THE PEOPLE; HUMAN RIGHTS AND CONSTITUTION MAKING IN BURMA |
| Date of publication: | | 14 December 1991 |
| Description/subject: | | by Janelle M. Diller,
Legal Director International Human Rights Law Group,
December 14, 1991 Oxford, England.
"We find ourselves in an era of accelerated change. Many nations around the world, including Mongolia, Nepal and the countries of Eastern Europe, are thrusting themselves into the process of democratization and democratic constitution-making. Such momentum persists even though, in many cases, democracy has not been a part of the political, social, economic or legal infrastructures of the changing countries. Yet in Burma, nearly one and a half years after the peaceful election of a People's Assembly, the people of Burma continue to be governed by the ruling military State Law and Order Restoration Council ("SLORC"). The awarding of the Nobel Peace Prize to Aung San Suu Kyi this week has helped dispel the prevailing complacency in the international arena with regard to the current situation in Burma. However, just and equitable governance continues to evade the people of Burma.
Into the SLORC-controlled environment in which an electoral mandate continues to be withheld and reports of human rights abuses appear with disturbing frequency, the SLORC has announced a plan for arriving at a national consensus which will pave the way for a new constitution to be drafted. How can the Burmese people exercise such a supreme act of popular sovereignty under these conditions? And what international legal standards govern the constitution-making process and its result?
Let me briefly review events leading up to the present scenario in order to provide insight into the complexities involved in the establishment of a constitutional culture in Burma. The term 'constitutional culture' here refers to the capacity of political, social and legal infrastructures to cultivate and practice a respect for some sort of supreme law of the land that governs both rulers and governed. Such a culture nurtures both individual and institutional respect for the rule of law..." |
| Author/creator: | | Janelle M. Diller |
| Language: | | English |
| Format/size: | | html (184K) |
| Date of entry/update: | | 03 June 2003 |
|
-
Laws and decrees relating to the parliamentary process
-
Laws and decrees relating to the parliamentary process (texts)
Individual Documents
| Title: | | Political Parties Registration Law (State Peace and Development Council Law No. 2/2010) |
| Date of publication: | | 08 March 2010 |
| Description/subject: | | State Peace and Development Council
Political Parties Registration Law
(State Peace and Development Council Law No. 2/2010)
9th Waning Day of Tabaung, ME 1371
(8 March 2010) |
| Language: | | English |
| Source/publisher: | | State Peace and Development Council |
| Format/size: | | pdf (90K) |
| Date of entry/update: | | 17 March 2012 |
|
| Title: | | SLORC Declaration No. 1/90 of July 27, 1990 |
| Date of publication: | | 27 July 1990 |
| Language: | | English |
| Source/publisher: | | State Law and Order Restoration Council |
| Format/size: | | html (18K) |
| Date of entry/update: | | 03 June 2003 |
|
| Title: | | Pyithu Hluttaw Election Rules, |
| Date of publication: | | 30 June 1989 |
| Description/subject: | | The Multi-Party Democracy General Election Commission Rules No. 1/89, 12th Waning
Day of Nayon, 1351 B.E. 30 June 1989...
"In exercise of the powers conferred by Section 81 of the Pyithu Hluttaw Election Law, the Multi-Party Democracy General Election Commission in order to hold a free and fair election hereby makes the following Rules:-..." |
| Language: | | English |
| Source/publisher: | | SLORC |
| Format/size: | | html (250K) |
| Date of entry/update: | | 21 February 2004 |
|
| Title: | | Pyithu Hluttaw Election Law |
| Date of publication: | | 31 May 1989 |
| Description/subject: | | The State Law and Order Restoration Council Law No. 14/89, 13th Waning Day of Kason, 1351 B.E., 31st May, 1989 |
| Language: | | English |
| Source/publisher: | | State Law and Order Restoration Council |
| Date of entry/update: | | 03 June 2003 |
|
-
Laws and decrees relating to the parliamentary process (commentary)
Individual Documents
| Title: | | Ensuring Free and Fair Elections in a Democratic Burma: Establishing an Electoral System and Election Processes |
| Date of publication: | | April 2001 |
| Description/subject: | | "A country embarking on a transition to democracy has many issues to deal with. One of the most critical is the question of
elections, the type of system chosen and the manner in which elections are conducted.1 Free and fair elections are necessary to
establish a democratic, human rights-based society, and to ensure that the government and the state are legitimate.2 The right to
vote is an instrument of power for both the voter and the state. When giving the people the right to vote, it is necessary to
determine who is permitted to vote, and to regulate the exercise of the vote through a system which could include legislation and
ways of verifying the identity of people. Such a system helps to prevent non-resident citizens from voting, and to exclude residents
who do not qualify to vote. In some countries, for example, prisoners may not vote..." |
| Author/creator: | | Jeremy Sarkin |
| Language: | | English |
| Source/publisher: | | "Legal Issues on Burma Journal" No. 8 (Burma Lawyers' Council) |
| Alternate URLs: | | The original (and authoritative) version of this article may be found in http://www.ibiblio.org/obl/docs/Legal%20Issues%20on%20Burma%20Journal%208.pdf |
| Date of entry/update: | | 03 June 2003 |
|
| Title: | | Convening the People's Assembly: A Legal Analysis |
| Date of publication: | | May 1999 |
| Description/subject: | | "According to Burma's two supposedly superseded constitutions, that of 1947 and 1974, the Pyithu Hluttaw (the People's
Assembly) is the body charged with exercising State power. The 1989 Pyithu Hluttaw Election Law (called the Election Law),
under which the 1990 elections were conducted, also provides that the duty of representatives elected in accordance with the
Election Law is to form the Pyithu Hluttaw (Section 3).
The ruling military junta, the people of Burma and the international community acknowledged without qualification that the May
1990 general election was free, fair and lawful. It then follows that those representatives elected by the people in the 1990
election have the lawful right to form a Pyithu Hluttaw that exercises legislative power and appoints a government in accordance
with the legal norms of Burma..." |
| Author/creator: | | Burma Lawyers' Council |
| Language: | | English |
| Source/publisher: | | Legal Issues on Burma Journal No. 3 (Burma Lawyers' Council) |
| Date of entry/update: | | 03 June 2003 |
|
-
The 1990 elections and the National Convention process
In the wake of the SLORC's refusal to transfer power following the 1990 elections, it claimed that a new constitution would first have to be written. The National Convention, most of whose members were hand-picked by SLORC, first met in January 1993 with the goal of drafting the basic elements for such a constitution. However, "the representatives elected by the people are those who have the responsibility to draw up the constitution of the future democratic State" (para 20 of Declaration 1/90).
-
The National Convention (texts of Principles)
These documents contain the texts of the "Principles laid down to serve as bases in prescribing State Fundamental Principles ("the 104 principles") as well as the "detailed basic principles" elaborated later.
Individual Documents
| Title: | | The Fundamental Principles and Detailed Basic Principles (English) |
| Date of publication: | | 10 September 2007 |
| Description/subject: | | The 15 chapters of principles adopted by the National Convention which the SPDC has said will form the basis of a new constitution. |
| Language: | | English |
| Source/publisher: | | "The New Light of Myanmar" via Khin Kyaw Han |
| Format/size: | | pdf (546K) |
| Date of entry/update: | | 14 September 2007 |
|
| Title: | | Detailed Basic Principles of the formation of the Judiciary |
| Date of publication: | | 01 April 1996 |
| Description/subject: | | Full texts extracted from "The Burma Press Summary". These may be read in the 44 documents in "The National Convention (preparations and Proceedings)" at http://www.burmalibrary.org/show.php?cat=1314&lo=d&sl=0
which also contain the records of much of the debate leading up to the announcement of the "Principles". See also the full archive of "The Burma Press Summary" at http://public.ibiblio.org/gsdl/cgi-bin/library?site=localhost&a=p&p=about&c=burmaps&ct=0 |
| Language: | | English |
| Source/publisher: | | SLORC (National Convention) via "The New Light of Myanmar" |
| Format/size: | | html (33K) |
| Date of entry/update: | | 13 February 2004 |
|
| Title: | | Detailed Basic Principles of the formation of the Executive |
| Date of publication: | | 31 March 1996 |
| Description/subject: | | Full texts extracted from "The Burma Press Summary". These may be read in the 44 documents in "The National Convention (preparations and Proceedings)" at http://www.burmalibrary.org/show.php?cat=1314&lo=d&sl=0 which also contain the records of much of the debate leading up to the announcement of the "Principles". See also the full archive of "The Burma Press Summary" at http://public.ibiblio.org/gsdl/cgi-bin/library?site=localhost&a=p&p=about&c=burmaps&ct=0 |
| Language: | | English |
| Source/publisher: | | SLORC (National Convention) via "The New Light of Myanmar" |
| Format/size: | | html (70K) |
| Date of entry/update: | | 13 February 2004 |
|
| Title: | | Detailed Basic Principles of the formation of the Legislature |
| Date of publication: | | 29 March 1996 |
| Description/subject: | | Full texts extracted from "The Burma Press Summary". These may be read in the 44 documents in "The National Convention (preparations and Proceedings)" at http://www.burmalibrary.org/show.php?cat=1314&lo=d&sl=0 which also contain the records of much of the debate leading up to the announcement of the "Principles". See also the full archive of "The Burma Press Summary" at http://public.ibiblio.org/gsdl/cgi-bin/library?site=localhost&a=p&p=about&c=burmaps&ct=0 |
| Language: | | English |
| Source/publisher: | | SLORC (National Convention) via "The New Light of Myanmar" |
| Format/size: | | html (38K) |
| Date of entry/update: | | 13 February 2004 |
|
| Title: | | THE DETAILED BASIC PRINCIPLES FOR PRESCRIBING SELF-ADMINISTERED AREAS |
| Date of publication: | | 11 April 1995 |
| Description/subject: | | Full texts extracted from "The Burma Press Summary". These may be read in the 44 documents in "The National Convention (preparations and Proceedings)" at http://www.burmalibrary.org/show.php?cat=1314&lo=d&sl=0 which also contain the records of much of the debate leading up to the announcement of the "Principles". See also the full archive of "The Burma Press Summary" at http://public.ibiblio.org/gsdl/cgi-bin/library?site=localhost&a=p&p=about&c=burmaps&ct=0 |
| Language: | | English |
| Source/publisher: | | SLORC (National Convention) via "The New Light of Myanmar" |
| Format/size: | | html (10K) |
| Date of entry/update: | | 13 February 2004 |
|
| Title: | | Detailed Basic Principles of the chapters 'The State', 'The State Structure' and 'The Head of State' (original version) |
| Date of publication: | | 10 April 1994 |
| Description/subject: | | Two English versions of these chapters exist -- the main URL carries the text as it appeared in "The New Light of Myanmar", and transcribed by "The Burma Press Summary". These may be read in the 44 documents in "The National Convention (preparations and Proceedings)" at http://www.burmalibrary.org/show.php?cat=1314&lo=d&sl=0 which also contain the records of much of the debate leading up to the announcement of the "Principles". See also the full archive of "The Burma Press Summary" at http://public.ibiblio.org/gsdl/cgi-bin/library?site=localhost&a=p&p=about&c=burmaps&ct=0while ...The text in the Alternate URL is the version currently being circulated in Rangoon. There are some differences. The chapter headings of both texts are taken from from the amended version. |
| Language: | | English |
| Source/publisher: | | SLORC (National Convention) via "The New Light of Myanmar" and an SPDC-circulated pamphlet |
| Format/size: | | html (29K, 59K) |
| Alternate URLs: | | http://www.ibiblio.org/obl/docs/DBP-state(2).htm |
| Date of entry/update: | | 13 February 2004 |
|
| Title: | | The Principles laid down to serve as bases in prescribing State Fundamental Principles ("the 104 principles") |
| Date of publication: | | 17 September 1993 |
| Description/subject: | | The main link is to the Principles as published in "The New Light of Myanmar". The Alternate URL is to a January 2004 speech on the SPDC's "roadmap" by the Burmese Deputy Foreign Minister, with the Principles annexed. There are one or two differences between the two texts. N.B. These are the basic principles. The detailed principles, elaborated from 1994-1996 are in other documents in this section. |
| Language: | | English |
| Source/publisher: | | SLORC (National Convention) via "The New Light of Myanmar" |
| Format/size: | | html (37K). 156K |
| Alternate URLs: | | http://www.ibiblio.org/obl/docs/KMWroadmap104.htm |
| Date of entry/update: | | 31 January 2004 |
|
|
The World-Wide Web Virtual Library
