After a series of political and economic liberalization reforms from 2011 onwards, myanmar s political. New mandala has recently received a pdf translation of burmas final 2008 constitution. Nay pyi taw, 27 febthe state peace and development council of the union of myanmar yesterday issued the referendum law for the approval of the draft constitution of the republic of the union of myanmar 2008 as the law no 1 2008 of the state peace and development council. Burma 2008 constitution violates the democratic principle. Kachin activist patrick kum jaa lee was arrested in yangon for allegedly posting a facebook post showing someone stepping on a photo of an army commanderinchief senior general. Jan 10, 2014 there was good news last week in myanmar when president thein sein stated his support for changing the nations constitution to allow any citizen, including daw aung san suu kyi, the nobel. Burmas 2008 constitution in translation new mandala. Icj myanmar briefing paper criminal defamation laws 25nov2015. The full text of the law is featured on pages 8, 9, 10 and 11. This 2008 is the third constitution of the country after the 1947 and 1974 constitutions. Constitution of the republic of the union of myanmar 2008. A constitutional referendum was held in myanmar on 10 may 2008 24 may 2008 in some townships according to an announcement by the state peace and development council in february 2008. In myanmar, the administration of local areas has undergone, and will no doubt continue to undergo, change as part of the transition to democracy.
On the 21st day meeting, a total of 633 mps, out of 654, attended to vote and 21 persons were on leave. In considering a way forward, any constitutional proposal as a result of the peace process needs to evaluate the forms of recognition inherent in the 2008 constitution. This complete constitution has been generated from excerpts of texts from the repository of the. Cindy joelene, kyi pyar chit saw, and thet aung lynn are mdricesd researchers. A critical reading of 2008 myanmar constitution on the rights and freedom of minority christians and other religions nant ai shu introduction freedom of religion is recognized as fundamental human rights. Act online online burmamyanmar library, asian studies www virtual library pdf doc. Myanmar 2008 constitution mizzima myanmar news and insight. Jan 25, 2018 when international observers and media outlets discuss myanmars constitutional structure, they largely focus on the militarys role in national institutions. The parliamentary panel tasked with weighing changes to myanmars constitution announced thursday that it will delay its final report by one month to the end of january in order to extend its. National constitutions, draft constitutions, amendments and announcements texts. Constitution 2008 international commission of jurists. At the subnational level, myanmars 2008 constitution sets state and region governments authority to legislate and tax some limited areas of natural resource governance, such as salt and lessvaluable forest products. Process v substance by andrew harding the paper was written for a workshop on constitutionalism and legal change in myanmar 1. Jan 17, 2009 new mandala has recently received a pdf translation of burmas final 2008 constitution.
Netherlandss constitution of 1814 with amendments through 2008. Opinion myanmars constitutional reform the new york times. These topic pages provide a quick overview and easy access to all content that can be found on ace for any give topic of interest weather encyclopaedia files, electoral materials, comparative data, consolidated replies, case studies, or other. Statement by 257 organisations and networks in burma, 17th october 2014. Additional decentralization of some natural resourcerelated functions has taken. A critical reading of 2008 myanmar constitution on the. It goes without sayingbut i greatly appreciate the assistance of those who provided it. No easy answers on myanmars constitutional challenges it was a crucial vote for the prodemocracy forces, especially the national league for democracy nld, which hopes to see its leader, daw aung san suu kyi, become the countrys next president. Aung san suu kyi amends her stand on constitutional reform. Act online online burma myanmar library, asian studies www virtual library pdf doc. There are provisions for ethnic nationality rights and equality, and more importantly, it takes the form of federalism with decentralization and democratization of power. I am aware that a number of readers are keen to examine this document.
This constitution may be cited as the constitution of the republic of singapore. Constitution of the socialist republic of the union of myanmar was drafted based on. Myanmar parliament blocks constitutional changes al jazeera. Jun 25, 2015 myanmar s parliament voted against several constitutional amendments thursday, ensuring that the militarys veto power remains intact and that opposition leader and longtime prodemocracy movement icon aung san suu kyi cannot become president in an election expected later this year.
Article 433, 434, 435 and 436 in chapter xii, amendment of constitution are harder to be made amendments. No easy answers on myanmars constitutional challenges. The constitution contains the following fifteen chapters. Its all in the constitution myanmar cannot be said to have genuine democracy until the 2008 constitution is amended and parliament is fully elected by the people. Established 1914 volume xv, number 318 7th waning of. The 2008 constitution of the republic of the union of myanmar provides for a system of government in which the president is elected by an electoral college formed of three groups of parliamentarians, a bicameral legislature with the second house representative of states and regions, the government is appointed by the president and only formally ratified by parliament, and both president and. The form of government of greece is that of a parliamentary republic. At the same time, a number of other place names were changed to conform more closely to their original pronunciation in the burmese language. Burmas 2008 constitution is designed to present the appearance. It is part of the seven steps road map announced by then prime minister of state peace and development council government general khin nyunt on 30 august 2003. After a series of political and economic liberalization reforms from 2011 onwards, myanmars political. Myanmars transition under the 2008 constitution the beginning of 2011 marked the initiation of a new political and legal system in myanmar. Provision 59f has been under discussion for several years, ever since it was written into the militarydrafted 2008 constitution.
The 2008 constitution breaches myanmar burmas binding obligations under international law including the united nations charter i. Normes consulted on 2008 1106 constitution online ministry of foreign affairs, mayanmar pdf of official burmeseenglish version of constitution doc. State fundamental principles the state structure the head of state legislature executive judiciary the tatmadaw armed forces citizenship, fundamental rights and duties of citizens election political parties provi. Normes consulted on 20081106 constitution online ministry of foreign affairs, mayanmar pdf of official burmeseenglish version of constitution doc. Do hereby adopt this constitution of the republic of the union of myanmar through a nationwide referendum on the tenth day of kasone waning, 70 m. Vote to nowhere the may 2008 constitutional referendum in burma map of burma i. Pyidaungsu hluttaw continued its 15th regular session yesterday, and voted on third category of provisions related to section 436 a.
The 2008 constitution breaches myanmarburmas binding. Jared ferrie, suu kyi races to change myanmar constitution before 2015 elections, reuters june 30, 2014. Pilpg report constitutional referendum in burma, may 2008. Pyidaungsu hluttaw rejects amendments to 14 provisions of. This right includes the freedom to have or adopt a religion, the. Myanmar s military on tuesday quashed proposals in parliament that.
The constitution of the union of burma, 24 september 1947, effective 4 january 1948preamble we, the people of burma including the frontier areas and the karenni states, determined to establish in strength and unity a sovereign independent state, to maintain social order on the. Implications of the new constitution and election laws congressional research service 1 overview on an undisclosed date in 2010, burma myanmar is to hold its first national parliamentary elections since the illfated vote in 1990. In the may 2008 referendum the burmese people are being asked to vote on a draft constitution. Myanmar constitution of the republic of the union of myanmar. A constitution tailored to the needs of the junta is no solution at all. New mandala has recently received a pdf translation of burma s final 2008 constitution. While the 2008 constitution the constitution does leave an important place for military officials in governing the southeast asian state at the federal. Pyidaungsu hluttaw speaker voting on amendments to the 2008 constitution. Myanmar has the decision authority regarding whether or not to pursue a nuclear weapon. The tatmadaw myanmar armed forces retain significant control of the government under the 2008 constitution. About the authors hamish nixon is an independent governance specialist focusing on the areas of decentralization, peace and conflict, and public service delivery. This system is regulated and framed by the 2008 constitution. The constitution of the republic of the union of myanmar 2008 probably the most controversial of myanmar s three constitutions, it expressly enshrines the militarys involvement in national politics.
The 2008 constitution was drafted over a period of 14 years and 11 months from january 1993 to december 2007 by a national convention constituted by the military junta then called the spdc. The constitutional implications of myanmars peace process. Myanmar may for a long time remain in a transitional state with an uncertain future. Moreover, it translated laws into english and published in three volumes as myanmar laws 19881989, myanmar laws 1997 and myanmar laws 19981999. No easy answers on myanmars constitutional challenges the. First, the 2008 constitution retains ethnicbased states corresponding to the seven largest minority nationalities karen, shan, mon, kachin, kayah, rakhine, chin, and seven. Online burmamyanmar library, asian studies www virtual library pdf pdf. Matthew arnold is assistant director at the asia foundation.
The constitution of the republic of the union of myanmar 2008 is the third constitution of myanmar after 1947 and 1974 constitutions which were aborted by military coups. Jul 25, 2016 in considering a way forward, any constitutional proposal as a result of the peace process needs to evaluate the forms of recognition inherent in the 2008 constitution. Military backed government constitution, 2008 englishburmese version 2. The 2008 constitution, the countrys third and current constitution, was published in september 2008 after a referendum. The amendment process under the 2008 constitution the fact that the process of constitutional amendment has become a critical issue in myanmar. Myanmar s transition under the 2008 constitution the beginning of 2011 marked the initiation of a new political and legal system in myanmar. Theconstitutionofthefederalrepublicoftheunionofburmaseconddraft.
A referendum that would reflect the will of the populace requires freedom of access to information, freedom of speech and expression, a free media, and freedom of association and assembly. The pyidaungsu hluttaw, the region hluttaws and the state hluttaws include the defence services personnel as hluttaw representatives nominated by the commanderinchief of the defence services in numbers stipulated by this constitution. This right includes the freedom to have or adopt a religion, the freedom to change ones religion without being. No easy answers on myanmars constitutional challenges in what some thought could be a gamechanger to myanmar s political landscape, several constitutional amendments were voted down in the pyidaungsu hluttaw, or union parliament, on june 25. When the 2008 myanmar constitution went into effect in 2011, its design guaranteed the militarys preservation of power. The ministries of home, border affairs and defense have to be headed by a serving military. Myanmar in 2008 167 treatment for serious health problems.
Road to constitutional amendment in myanmar going nowhere. However, as democratic system could not be effectively materialized, the new constitution of the socialist republic of the union of myanmar was drafted based on the single party system, and after holding a national referendum, a socialist democratic state was set up in 1974. Summary and recommendations recommendations to concerned governments methodology ii. The 2008 constitution, the countrys third and current constitution, was published in september 2008 after a referendum the tatmadaw myanmar armed forces retain significant control of the government under the 2008 constitution. After a year discussion, from 1993 to 2006, the military organized a national convention in 2007 to draft a constitution. Parliament rejects another constitutional amendment proposal. The 15th regular session of second pyidaungsu hluttaw held its 16th day meeting yesterday, debating the articles and subarticles in the second bill to amend the state constitution. In 2008, after promulgation of a new national constitution, the countrys. Comparative constitutions project, and distributed on. Nov 26, 2015 either the myanmar army or a political leader.
To what extent did it satisfy the aspirations of various ethnic groups. We, the national people, drafted this constitution of the republic of the union of myanmar in accord with the basic principles and detailed basic principles laid down by the national convention. The republic of the union of myanmar shall honour all legitimate obligations arising out of treaties or agreements which before the commencement of this constitution have been in operation between the government of the union of myanmar and the government of other state, provided that such other state honours any reciprocal obligations towards. Analysis of the guarantees of freedom of expression in the.
State army ended their truce and the burmese authorities. Pyidaungsu hluttaw holds debate over amendment to the 2008. In the year 2008, eight laws were enacted in myanmar, among which, the referendum law for the approval of the draft constitution of the republic of the union of myanmar is very important in building the mordem, prosperous and developed country. Voters in a free and fair referendum are also provided adequate. Beyond these general comments, it is clear that amending schedule two is easier said than done.
Pyidaungsu hluttaw is being convened in nay pyi taw yesterday. The constitution of greece in the name of the holy and consubstantial and indivisible trinity part one basic provisions section i the form of government article 1 1. A break for the burmese and all the ethnic minorities means nothing less than a. A bird in the hand the federal pattern of myanmars. While constitutions are regarded as the province of sovereign states, no act of state, including a constitution, is immune from certain international law mandates, including constitutional or state legislation. According to the military government, the new constitution of myanmar will ensure the creation of a disciplineflourishing democracy. May 28, 2017 aung san suu kyi amends her stand on constitutional reform aung san suu kyi amends her stand on constitutional reform state counsellor daw aung san suu kyi addresses a crowd during a joint public speech with 88 generation peace and open society calling for the amendment of myanmar s constitution in yangon on may 17, 2014. Yet the 2008 constitution already contains several provisions that appear to give some of form of recognition to certain ethnic nationalities. Popular sovereignty is the foundation of government. Natural resources and subnational governments in myanmar. Detailed basic principles for formulating a constitution, it successfully concluded on 3 rd september 2007. Myanmar laws1990 is under arrangement for publication in the near future. The 2008 constitution, which came into force on january 31, 2011 shows optimistic signs of progress towards the ethnic nationalities goal for selfdetermination.
This issue myanmar laws2000 is theconinuation of the publication mentioned above. A previous discussion of burmas constitutional issues based on an. The constitution of the united states preamble we the people of the united states, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do. The military drafted 2008 constitution is designed to give that impression. The may 2008 constitutional referendum in burma hrw. Dec 10, 2011 burma 2008 constitution violates the democratic principle. Myanmar constitution of the republic of the union of. The constitution of the union of burma, 24 september 1947. The myanmar constitution 2008 presents a challenge to the global community. Netherlandss constitution of 1814 with amendments through. This paper was first presented at a workshop titled can political reforms bring peace to myanmar. This brief overview paper argues that the current constitutional structure of government in myanmar can best be described as quasifederal, based on the fact that there are significant federal features in the constitution, although the term. A previous discussion of burma s constitutional issues based on an. Analysis of the guarantees of freedom of expression in the 2008 constitution of the republic of the union of myanmar august 2012 introduction when it was first introduced in 2008, the new constitution of the republic of the union of myanmar was deemed to be a great improvement over the previous constitution.
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