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Constitutional Affairs Committee (CAC)


Team Leader
Col. Hkun Okker


Member
Mahkaw Khun Sa


State Constitutions Drafting Process

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:

1.

 

The basic principles of Federalism.

2.

 

The structures and functions of State Constitutions including:

 

(i)

Bill of Rights

 

(ii)

Suffrage and elections

 

(iii)

The Legislature

 

(iv)

Initiative and referendum

 

(v)

The Executive

 

(vi)

The Judiciary

 

(vii)

Finance

 

(viii)

Local government

 

(ix)

Civil service

 

(x)

Public welfare

 

(xi)

General provisions

 

(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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United Nationalities League for Democracy (Libreated Area)
Fedeal Constitution Drafting and Coordinating Committee
Democratic Leadership Workshop Program
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The Historic Agreements