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Federal Constitution Drafting Process
The Union of Burma was founded in 1947 at
Panglong Conference by pre-colonial independent nations,
namely, the Chin, Kachin, Federated Shan State and Burma
Proper or Ministerial Burma; and the peoples of Karen,
Karenni, Mon and Rakhine (Arakan) who later ratified the
“Panglong Agreement” through the constitutional arrangement
of independent Burma. The essence of “Panglong Agreement”
was not only to “speed up” their own search for freedom but
also to establish a new multi-national-state of the Union of
Burma for those who struggled together to free themselves
from colonial power. Based on the “Panglong Agreement”, the
Constituent Assembly of the Interim Government of the Union
of Burma promulgated a new constitution on September 24,
1947, thereby paving the way for securing “independence”
from the Great Britain on January 4, 1948.
Ever since the independence, however, the
Union of Burma has been suffering more than five long
decades of civil war, in which thousands of lives were
sacrificed. In the name of civil war the successive
governments of the Union of Burma have violated not only
basic human rights and civic rights but also all kinds of
collective rights. In the name of national sovereignty the
right of self-determination for the ethnic nationalities who
joined the Union as equal partners are rejected; in the name
of national integration the right to follow different
religions, to practice different cultures, and to speak
different languages are deprived; and in the name of
national assimilation the rights to up-hold different
identities and traditions are denied. As a result, the
entire population in Burma has miserably underwent for forty
years of human rights abuses, the demise of democratic
principles, the plummeting of nation’s economics and its
attendant poverty and hardship under the authoritarian rule
of BSPP and present military dictatorship.
The people of Burma especially the ethnic
nationalities felt an urgent need to rebuild the “Union of
Burma” based on the spirit of Panglong, which General Aung
San and ethnic nationalities leaders had anticipated in
1947. The Panglong Spirit is for “democracy, equality and
self-determination”. The “Federal Union of Burma”, is being
envisaged to be built upon the spirit of Panglong, which
will guarantee the fundamental rights for all citizens
including the principles contained in the United Nation’s
declaration of universal human rights, political and ethnic
equality for all nationalities and the rights of
self-determination for all member states of the Union.
The idea is to produce “Basic principles”
for Future Federal Constitution of the Union of Burma as
General Aung San did in 1947 that could be used as the most
effective means of responding to SPCD’s National Convention
(the 6 objectives including 104 Articles) and Road Map; a
“Basic principles” for the future of the country serve as
alternative to the SCDC’s National Convention and its Road
Map, a “Basic principles” that could bring peace and
democracy to the country.
The process of formulating the “Basic
principles” for Future Federal Constitution of the Union of
Burma began in May 2004. In September 2004, Joint Action
Committee (JAC) was formed for formulating the Basic
Principles with 9 members by National Coalition Government
of the Union of Burma (NCGUB), National Council of Union of
Burma (NCUB), National Democratic Front (NDF), United
Nationalities League for Democracy Liberated Areas (UNLD-LA)
and Women League of Burma (WLB) in collaborating with the
Federal Constitution Drafting Committee (FCDC) and
Supporting Committee for State Constitutions (SCSC).
Between October 2004 and February 2005,
the Joint Action Committee (JAC) conducted five
meetings-cum-workshops. JAC worked as neutral body rather
than as group of political organizations, and the main task
of the JAC was to produce the legal framework of the
principles by identifying unbiased historical facts,
objective truth and the very principles when the Union of
Burma was founded at the first place in 1947 at Panglong
Conference. JAC applied three dimensional approaches in
formulating the Basic Principles for the Future Union of
Burma;
Identifying the Original Principles of
Union of Burma in 1947;
Collecting Historical Facts and
Supporting Documents;
Defining and Writing a Concept Paper on
the Basic Principles for the Future Union of Burma.
With this framework, JAC identified eight
(8) Basic Principles for the Future Federal Union of Burma;
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1. |
Popular
Sovereignty |
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The people of the
Union of Burma, not a particular ethnic group or
state, shall be vested with the sovereign power of
the Union. |
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2. |
Equality |
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All citizens of the country shall
enjoy equal rights and equal opportunity before the
law; all ethnic nationality shall be granted equal
rights to preserve, protect and promote their
culture, language, religion and national identity;
and all member states of the Union shall be entitled
to exercise equal political powers and rights.
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3. |
Self-determination |
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All ethnic
nationalities and member states of the Union shall
enjoy the rights to self-determination in the areas
of politics, economics, religious, culture and other
social affairs. |
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4. |
Federal Principle |
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All member states
of the Union shall have their separate
constitutions, their own organs of state, that is,
State Legislative Assembly, State Government and
State Supreme Court. Moreover, the Union Assembly
must be a bicameral legislature consisting of a
Chamber of Nationalities (Upper House) and a Chamber
of Deputies (Lower House), and each member state of
the Union shall send an equal number of
representatives to the Upper House regardless of its
population or size. |
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5. |
Minority Rights |
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The new Federal
Constitution of Burma shall protect legally the
minority nationalities in the member states of the
Union, they shall be granted not only the rights to
preserve and develop their own culture, religion,
language and national identity, but also personal
autonomy, which will enable them to ensure their
rights by acting themselves within the framework of
their own institutions |
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6. |
Democracy, Human
Rights and Gender Equality |
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Gender quality,
democratic rights and human rights shall be
enshrined in the new Federal Constitution of the
Union of Burma; including, freedom of speech and
expression, freedom of religion, freedom of
association, freedom of movement, freedom of voting
and contesting in general election, freedom of
holding public office, freedom of pursuing education
and professional life, and freedom of pursuing
happiness in life. This includes gender equality,
equal rights and equal opportunity for every citizen
regardless of gender, race, ethnicity, language,
religion and age. |
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7. |
Multi-party
Democracy System |
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A Multi-party
democracy system shall be applied for the country
governing system. |
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8. |
Secular State |
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The Union Assembly
shall make no law that proclaims a state-religion;
and the abuse of religion for political purposes
shall also be forbidden. Moreover, the Union shall
strictly observe neutrality in religious matters. |
JAC assigned Dr. Lian H. Sakhong, General
Secretary of UNLD-LA and ENC, to write a concept paper of
the Basic Principles, which was produced in November 2004.
The concept paper is divided three parts;
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the first part identified the basic
federal principles that reflected principles of Gen.
Aung San and ethnic leaders during the course of
struggle for independence
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the second part covers the period
from 1948 to 1988, with special references to the
struggle for restoration of federal system, and how
ethnic leaders in particular strived to amend a federal
constitution based on genuine federal principles as
founders of the federal union of Burma aimed and hoped
for and
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the third part presents the
continuous efforts after the famous tetra-eight
nationwide democratic demonstration in 1988 by the
democratic forces as well as ethnic nationalities, with
special references to the statements, policy papers and
agreements released by political parties, ethnic armed
groups, students and activists from both inside and
outside Burma.
The concept paper was sent out to all the
political parties and organization, including women and
youth groups (not only to those who are in Thailand but also
to India, Japan, USA, Germany and other countries as well as
inside Burma), to be discussed within their own
organizations and parties. Between December 2004 and January
2005, at least five group discussions on Basic Principles
were held in Thai-Burma border alone.
In 12 February 2005 on the Union Day of
Burma, representatives of the Chin, Kachin, Karen, Karenni,
Mon, Myanmar (Burman), Rakhine (Arakan) and Shan (more than
106 representatives from 42 organizations, including elected
MPs, senior leaders of ethnic nationalities and political
parties, and representatives of women and youth
organizations) met and agreed that the political crisis in
present Burma is not ideological confrontation between a
democracy and totalitarianism, but a constitutional problem
rooted in the question of self-determination for non-Burman
nationalities who joined the Union of Burma as equal
partners in 1947 at Panglong Conference and therefore, the
best way of solving the political crisis in Burma is to
establish a genuine Federal Union based on the principles of
equality for all ethnic nationalities, the right of
self-determination for all member states of the Union, and
the democratic rights for all citizens of the Union of
Burma.
In this meeting, the “Basic Principles”
identified by JAC, for the Future Federal Constitution of
the Union of Burma was adopted. It was also unanimously
decided to form a new committee that would work towards
forming the Future Federal Constitution of the Union of
Burma with the identified Basic Principles. Thus, “Federal
Constitution Drafting and Coordination Committee (FCDCC)”
came into existence on 19 April 2005; based on based on
NCGUB, NCUB, NDF, UNLD, WLB, Nationalities Youth Forum
(NY-Forum) and Students and Youth Congress of Burma (SYCB).
The FCDCC committee members are;
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1. |
Chairman |
General Aung Than
Lay |
KNPP |
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2. |
Vice-Chairman |
Khon Marko Ban |
NCGUB |
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3. |
Vice-Chairwoman |
Mi Suu Pyoint |
WLB |
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4. |
Secretary |
Dr. Lian H.
Sakhong |
UNLD-LA/ENC |
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5. |
Secretary
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U Thein Oo |
NCUB |
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6. |
Secretary |
U Myo Win |
NCUB |
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7. |
Member |
Sao Seng Suk |
SDU |
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8. |
Member |
Col. Htoo Htoo Lay |
NDF |
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9. |
Member |
Col. Hkun Okker
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NDF |
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10. |
Member |
Makhaw Khun Sa |
UNLD-LA |
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11. |
Member |
Ying Lao |
WLB |
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12. |
Member |
Able Tweed |
KNPP |
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13. |
Member |
Tin Tun Aung
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NCUB |
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14. |
Member |
Shwe Myo Thant |
NY-Forum |
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15. |
Member |
Khun Tun Hla |
SYCB |
The outlines of the constitutional
framework are:
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(i) |
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Preamble |
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(ii) |
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The Federal Union
of Burma (Form of State) |
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(iii) |
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Basic Rights |
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(iv) |
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Member States of
the Federal Union of Burma |
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(v) |
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Assembly of
Federal Union of Burma |
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(a) |
Chamber of
Nationalities |
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(b) |
Chamber of
People’s Representatives |
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(vi) |
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Federal
Legislation |
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(vii) |
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Federal President |
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(viii) |
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Federal Government |
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(ix) |
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Federal Judiciary |
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(x) |
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Citizenship |
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(xi) |
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Federal Defense
and Security Services |
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(xii) |
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State of Emergency |
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(xiii) |
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The Rights to
Initiative and Referendum |
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(xiv) |
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General Provisions |
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(xv) |
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Transitional
Provisions |
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(xvi) |
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Amendment of
Constitution |
The FCDCC presented the first draft of
the Federal Constitution of the Union of Burma at the
Federal Constitution seminar held from 6 - 9 April 2006 and
was adopted by 101 participants from 52 organizations
including democratic forces and ethnic nationalities.
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