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The Draft Constitution of Federal Republic of the Union of Burma  

The FCDCC Press Conference

Foreign Correspondent Club, Bangkok, Thailand

15 February 2008

A milestone occurred this week in the history of Burma’s long struggle toward democracy. On this auspicious day of the 61st anniversary of the Union Day, the Federal Constitution Drafting and Coordinating Committee (FCDCC) adopted the second draft of the constitution “Federal Republic of the Union of Burma” based on democracy, federalism, equality, and self-determination for all the people of Burma, which has been drawn up in accordance with the 8 Basic Principles adopted since February 12, 2005.

The FCDCC acts with the mandate of the Burma Democracy Movement, including Members of Parliament elected in Burma’s last free election in 1990, ethnic nationality groups, women’s groups and youth groups. After three days of debate and deliberation in the 2nd Federal Constitution Seminar held from February 10, 2008 to February 12, 2008, 126 participants from 94 organizations unanimously signed the Second Draft of the constitution of “Federal Republic of the Union of Burma” as an officially adopted draft constitution for future Burma. 

The draft constitution is to be used for open debate and discussion among the people to get their input and feedback. The FCDCC will use the constitutional process to foster national reconciliation and to initiate talks with the Military Regime, who to date refuse to negotiate with those desiring democratic change in Burma. Importantly it gives expression to eight Basic Principles that reflect the will of democratic forces and Ethnic Nationalities inside and outside Burma.

Hkun Okker, Vice-Chairman of FCDCC, said “Since the draft constitution of Federal Republic of the Union of Burma strongly guarantees equality and self-determination for all nationalities, we see no need for and in no way, will demand or exercise the right to secession. We conclude that the much trumpeted ‘without the SPDC military clique, Burma will disintegrate’ is nothing but the SPDC's propaganda to instill fear and concern in the international community”.

Dr. Lian H. Sakhong, Secretary of the FCDCC of the Union of Burma, today condemned the Military Regime of Burma for proceeding to hold a national referendum to in May 2008 that does not represent the people of Burma. Instead, the SPDC’s National Convention and its 7 step Road Map seeks to constitutionally mandate military rule. He said “We challenge Senior General Than Shwe, Burma’s Supreme leader, to make the SPDC’s 7 step roadmap more inclusive and democratic as we in the FCDCC process have. Our process is free from censorship and control. FCDCC knows that for peace to prevail in Burma all political groups must come together to reach a political agreement that can produce a constitutional framework for the democracy and equality that all people desire.”

Thin Thin Aung, another Secretary of FCDCC, also said, “We invite the international community to reflect upon the contrast between our constitutional process and the military-dominated process taking place at the National Convention. We believe that attention to this contrast demonstrates our preparedness to begin the transition to constitutional democracy.”

The FCDCC represents the exiled Burmese democratic forces and ethnic nationalities political organizations and has strong links within political organizations and grass roots leaders inside Burma.

 

PREAMBLE

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 democratic rights for all citizens, political equality for all ethnic nationalities, and the rights of self-determination for all member states of the Federal Union. 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.

 

Contact Persons:

1. Dr. Lian H. Sakhong (081- 02 96 100)
2. Hkun Okker (081- 95 02 158)
3. Thin Thin Aung (088- 08 11 289)

(1) FCDCC Statement (Dec, 2005)
(2) FCDCC Statement (Apr, 2006) (Burmese Version)
(3) FCDCC Statement (Apr, 2006) (English Version)


 

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
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The Historic Agreements