In Burma, to solve the Political crisis,
establishment of a genuine federal union based on the
principles of equality for all nationalities and the right
of self-determination for all member states of the union,
and the democratic rights for all citizens of the Union of
Burma, is seen as the solution. In Federal System, since
power is shared between two levels of Governments: the
Federal Government and the State Governments, State
Constitution became an inherent and necessary component for
a Federal System.
Therefore drafting of State Constitutions
constitutes a very important step in reaching the goals of
the democratic movement. It is envisaged that the State
Constitutions Drafting process would lay a firm, bottom-up
foundation for Federalism (i.e., Genuine Federalism), and
the draft State Constitutions could and would collectively
serve as a solid political platform for Ethnic Nationalities
Leaders and Forces in negotiation with other players and
actors on the Burma stage.
It is important for the people of Burma
to look into Federalism, the concepts and principles of
Federalism, Federal Structures and Mechanisms, and
importantly to look at State Constitutions. Due to the
multiethnic composition in the Union of Burma, and owing to
long years of confrontational politics based on
ethno-nationalistic perceptions and demands, it is important
for all Ethnic Nationalities (including ethnic
Burman/Myanmar) leaders to seriously look at drafting State
Constitutions. It is also extremely important for the Ethnic
Nationalities to come together to shares their different
experiences and learn the new insight together. How the
State Constitution is drafted ― and the mechanisms and
structures that it provides ― will significantly determine
how different Ethnic Groups will live and work together
within each member state of the future Democratic Federal
Union.
The First State Constitutions Seminar was
held on 20 - 25 August 2001. In the seminar, State
Constitutions Drafting Committee members from Chin State,
Karen State, Karenni State, Mon State, and Shan State
participated, while Arakan State and Kachin State attended
as observers. Members of Democratic Forces from the Burman
Ethnic Group and Federal Constitution Drafting Committee
members were also invited to the seminar.
The seminar particularly focused on:
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1. |
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The basic
principles of Federalism. |
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2. |
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The structures and
functions of State Constitutions including: |
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(i) |
Bill of Rights |
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(ii) |
Suffrage and
elections |
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(iii) |
The Legislature |
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(iv) |
Initiative and
referendum |
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(v) |
The Executive |
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(vi) |
The Judiciary |
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(vii) |
Finance |
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(viii)
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Local government |
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(ix) |
Civil service |
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(x) |
Public welfare |
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(xi) |
General provisions |
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(xii) |
Constitutional
revision |
As a follow up of the seminar, 17 members
of State Constitutions Drafting Committees from Chin State,
Kachin State, Karen State, Karenni State, Mon State, Rakhine
State, Shan State and two representatives from Burma Lawyer
Council (BLC) went to Germany for ten days study trip from 5
- 15 December 2001. This study trip emphasized on the
Function and Structure of German Federalism in the light of
how Federal Government and State Governments functions; how
Federal and State Government are related with each other but
again separated same time; how the two levels of Government
co-exist and shared power or separate power in a Federal
System. For the group, one of the most interesting points
was to see the fact in their own eyes that each and every
state in Germany has their own separate constitution and
their own organs of State, that is - State Parliament, State
Government, and State Judiciary.
The Second State Constitutions Seminar
was held in India (New Delhi) and Thailand (Chiang Mai)
under the title “The Role of State Constitutions in the
Protection of Nationality and Minority Rights Under
Federalism: Dialogues in support of a Democratic Transition
in Burma” between 29 Oct – 6 Nov 2002. Scholars from
Australia, India and were invited to present their papers
and share their countries experiences.
The specific themes of the seminars
include:
(i) The rationale for Federalism
(ii) Boundary delimitation
(iii) Conceptualizing State Constitutions
(iv) Powers and functions of the Central
Government and State Governments
As a follow up of the seminar, a study
trip to Germany and Belgium was conducted for the second
time from 25 Nov – 4 Dec 2002. The objective of this study
trip was to see how Local Government functions and how Local
and State Governments shared power in Federal System.
Seventeen members from Seven State Constitution Committees
and Federal Constitution Drafting Committee members took
part in the study trip.
In August 2003, a meeting was held in Mae
Sod. And in this meeting it was decided to form a committee,
“Supporting Committee for State Constitutions (SCSC)” as an
attempt to assist the State Constitutions Drafting process
effectively. In 2005, SCSC became Constitution Drafting
Committee of Ethnic Nationalities Council (ENC)
The most outstanding achievement of this
process has been the formation of State Constitution
Drafting Committees for Chin, Kachin, Karen, Karenni, Mon,
Rakhine (Arakan) and Shan States and also the Burman State
Constitution Study Group. These Committees and Group have
been engaged in studying the possibility of drafting the
Burman State Constitution. Never before in the Burmese
history, exist such Committees and Study Group.
In the past five years of activities
since 2001, most of State Constitution Drafting Committees
has come out with their first draft of their respective
State Constitutions which have been printed and distributing
widely to the public for debate.
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