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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;

1.

Popular Sovereignty

 

The people of the Union of Burma, not a particular ethnic group or state, shall be vested with the sovereign power of the Union.

2.

Equality

 

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.

3.

Self-determination

 

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.

4.

Federal Principle

 

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.

5.

Minority Rights

 

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

6.

Democracy, Human Rights and Gender Equality

 

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.

7.

Multi-party Democracy System

 

A Multi-party democracy system shall be applied for the country governing system.

8.

Secular State

 

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;

  1. 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

  2. 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

  3. 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;

1.

Chairman

General Aung Than Lay

KNPP

2.

Vice-Chairman

Khon Marko Ban

NCGUB

3.

Vice-Chairwoman

Mi Suu Pyoint

WLB

4.

Secretary

Dr. Lian H. Sakhong

UNLD-LA/ENC

5.

Secretary

U Thein Oo

NCUB

6.

Secretary

U Myo Win

NCUB

7.

Member

Sao Seng Suk

SDU

8.

Member

Col. Htoo Htoo Lay

NDF

9.

Member

Col. Hkun Okker

NDF

10.

Member

Makhaw Khun Sa

UNLD-LA

11.

Member

Ying Lao

WLB

12.

Member

Able Tweed

KNPP

13.

Member

Tin Tun Aung

NCUB

14.

Member

Shwe Myo Thant

NY-Forum

15.

Member

Khun Tun Hla

SYCB

The outlines of the constitutional framework are:

(i)

 

Preamble

(ii)

 

The Federal Union of Burma (Form of State)

(iii)

 

Basic Rights

(iv)

 

Member States of the Federal Union of Burma

(v)

 

Assembly of Federal Union of Burma

 

(a)

Chamber of Nationalities

 

(b)

Chamber of People’s Representatives

(vi)

 

Federal Legislation

(vii)

 

Federal President

(viii)

 

Federal Government

(ix)

 

Federal Judiciary

(x)

 

Citizenship

(xi)

 

Federal Defense and Security Services

(xii)

 

State of Emergency

(xiii)

 

The Rights to Initiative and Referendum

(xiv)

 

General Provisions

(xv)

 

Transitional Provisions

(xvi)

 

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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United Nationalities League for Democracy (Libreated Area)
Fedeal Constitution Drafting and Coordinating Committee
Democratic Leadership Workshop Program
Members of Federal Constitution Drafting and Coordinating Committee
Activities of Federal Constitution Drafting and Coordinating Committee
Federal Constitution (Draft)
Statements of Federal Constitution Drafting and Coordinating Committee
Photos of Federal Constitution Drafting and Coordinating Committee
Publications
The Historic Agreements