Constitution Of Myanmar
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The Constitution of the Republic of the Union of Myanmar () is the supreme law of
Myanmar Myanmar, officially the Republic of the Union of Myanmar; and also referred to as Burma (the official English name until 1989), is a country in northwest Southeast Asia. It is the largest country by area in Mainland Southeast Asia and has ...
. Myanmar's first constitution adopted by constituent assembly was enacted for the Union of Burma in 1947. After the 1962 Burmese coup d'état, a second constitution was enacted in 1974. The country has been ruled by
military junta A military junta () is a system of government led by a committee of military leaders. The term ''Junta (governing body), junta'' means "meeting" or "committee" and originated in the Junta (Peninsular War), national and local junta organized by t ...
s for most of its history. The 2008 Constitution, the country's third
constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed. When these pri ...
, was published in September 2008 after a referendum, and came into force on 31 January 2011. Under this current constitution, the
Tatmadaw The Tatmadaw, also known as the Sit-Tat, is the armed forces of Myanmar (formerly Burma). It is administered by the Ministry of Defence and composed of the Myanmar Army, the Myanmar Navy and the Myanmar Air Force. Auxiliary services include ...
(Myanmar Armed Forces) retain significant control of the government, even before their coup of 2021. 25% of seats in the Parliament of Myanmar were reserved for serving military officers. The ministries of
home A home, or domicile, is a space used as a permanent or semi-permanent residence for one or more human occupants, and sometimes various companion animals. Homes provide sheltered spaces, for instance rooms, where domestic activity can be p ...
, border affairs and
defense Defense or defence may refer to: Tactical, martial, and political acts or groups * Defense (military), forces primarily intended for warfare * Civil defense, the organizing of civilians to deal with emergencies or enemy attacks * Defense industr ...
were headed by a serving military officer. The military also appointed one of the country's two vice presidents. Hence, the country's civilian leaders have little influence over the security establishment.


History

Before independence, Myanmar had two quasi-constitutions, The government of Burma Act, 1935 and Constitution of Burma under Japanese occupation, 1943. After independence, Myanmar adopted three constitutions in 1947, 1974 and 2008. The 2008 constitution is the present constitution of Myanmar.


1947 constitution

The 1947 constitution, officially the Constitution of the Union of Burma (), was drafted and approved by the Constituent Assembly of Burma in 1947, and was used from the country's independence in 1948 until the military seizure of power during the 1962 military coup. This constitution was developed in consultation with different ethnic groups including the Chin, Kachin, and Shan people. In return, these groups were to receive full autonomy in internal matters. The constitution also granted the right for ethnic states to secede from the new Union of Burma if so desired after ten years following independence in 1948. The national government consisted of three branches:
judicial The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
,
legislative A legislature (, ) is a deliberative assembly with the legal authority to make laws for a political entity such as a country, nation or city on behalf of the people therein. They are often contrasted with the executive and judicial powers ...
and executive. The legislative branch was a bicameral legislature called the Union Parliament, consisting of two chambers, the 125-seat Chamber of Nationalities ( ''Lumyozu Hluttaw'') and the
Chamber of Deputies The chamber of deputies is the lower house in many bicameral legislatures and the sole house in some unicameral legislatures. Description Historically, French Chamber of Deputies was the lower house of the French Parliament during the Bourb ...
( ''Pyithu Hluttaw''), whose seat numbers were determined by the population size of respective constituencies. The 1947 constitution was largely based on the
1946 Yugoslav Constitution The 1946 Yugoslav Constitution, officially titled as the Constitution of the Federal People's Republic of Yugoslavia ( sh-Cyrl-Latn, separator=" / ", Устав Федеративне Народне Републике Југославије, Usta ...
, as several Burmese officials visited
Yugoslavia , common_name = Yugoslavia , life_span = 1918–19921941–1945: World War II in Yugoslavia#Axis invasion and dismemberment of Yugoslavia, Axis occupation , p1 = Kingdom of SerbiaSerbia , flag_p ...
earlier that year. Just as Yugoslavia at that time was a
federation A federation (also called a federal state) is an entity characterized by a political union, union of partially federated state, self-governing provinces, states, or other regions under a #Federal governments, federal government (federalism) ...
, so was Burma under the 1947 constitution. Despite this, the country was governed like a
unitary state A unitary state is a (Sovereign state, sovereign) State (polity), state governed as a single entity in which the central government is the supreme authority. The central government may create or abolish administrative divisions (sub-national or ...
, and not a
federation A federation (also called a federal state) is an entity characterized by a political union, union of partially federated state, self-governing provinces, states, or other regions under a #Federal governments, federal government (federalism) ...
, in practice. Other influences of the socialist Yugoslav constitution were the sections establishing a welfare state and codifying a heavily centralised government. The 1947 constitution was suspended when the Myanmar military seized power and formed the Revolutionary Council of the Union of Burma, led by general
Ne Win Ne Win (; ; 24 May 1911 – 5 December 2002), born Shu Maung (; ), was a Burmese army general, politician and Prime Minister of Burma from 1958 to 1960 and 1962 to 1974, and also President of Burma from 1962 to 1981. Ne Win was Burma's mili ...
.


1974 constitution

The 1974 constitution, officially the Constitution of the Socialist Republic of the Union of Burma (), was the second constitution to be written, was approved in a 1973 referendum, and was adopted on 3 January 1974. It created a
unicameral Unicameralism (from ''uni''- "one" + Latin ''camera'' "chamber") is a type of legislature consisting of one house or assembly that legislates and votes as one. Unicameralism has become an increasingly common type of legislature, making up nearly ...
legislature called the People's Assembly (Pyithu Hluttaw), represented by members of the
Burma Socialist Programme Party The Burma Socialist Programme Party (BSPP) was the ruling party of Burma (now Myanmar) from 1962 to 1988 and the country's sole legal party from 1964 to 1988. Party chairman Ne Win overthrew the country's democratically elected government i ...
(BSPP) as the only legal party.The Constitution of the Socialist Republic of the Union of Burma
(1974), Chapter IV: Pyithu Hluttaw
Each term was 4 years.
Ne Win Ne Win (; ; 24 May 1911 – 5 December 2002), born Shu Maung (; ), was a Burmese army general, politician and Prime Minister of Burma from 1958 to 1960 and 1962 to 1974, and also President of Burma from 1962 to 1981. Ne Win was Burma's mili ...
became the president at this time. According to David I. Steinberg, this constitution was modelled after the constitutions of the
Eastern Bloc The Eastern Bloc, also known as the Communist Bloc (Combloc), the Socialist Bloc, the Workers Bloc, and the Soviet Bloc, was an unofficial coalition of communist states of Central and Eastern Europe, Asia, Africa, and Latin America that were a ...
. Gone was the language of federation found in the 1947 constitution. In its place, the 1974 constitution codified a unitary, centralized state, under the complete control of the military, through the BSPP. "Even the modest autonomy previously granted the minorities was rescinded. The periphery was without effective voice. Although 'elected' representatives were obligated to return to their constituencies to learn the problems of their electorate, the system did not work, as fear prevented criticism of the military hierarchy and its policies and programs."


1988–2008

Upon taking power in September 1988, the military, under the guise of the State Law and Order Restoration Council (SLORC) suspended the 1974 constitution.Mydans, Seth (4 September 2007
"Myanmar Constitution Guidelines Ensure Military Power"
''The New York Times'', last accessed 5 October 2010
In 1990 they issued a declaration that a new constitution should be drawn up. However, many viewed their abuse of the constitution-making process as simply a delaying tactic to remain in power. The SLORC called a constitutional convention in 1993, but it was suspended in 1996 when the National League for Democracy (NLD) boycotted it, calling it undemocratic. The constitutional convention was again called in 2004, but without the NLD. Myanmar remained without a constitution until 2008.


2008 constitution

On 9 April 2008, the military government of
Myanmar Myanmar, officially the Republic of the Union of Myanmar; and also referred to as Burma (the official English name until 1989), is a country in northwest Southeast Asia. It is the largest country by area in Mainland Southeast Asia and has ...
(Burma) released its proposed
constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed. When these pri ...
for the country to be put to a vote in public referendum on 10 May 2008, as part of its roadmap to democracy. The constitution is hailed by the
military A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare. Militaries are typically authorized and maintained by a sovereign state, with their members identifiable by a d ...
as heralding a return to democracy, but the opposition sees it as a tool for continuing military control of the country. The legislative branch is the Assembly of the Union () ''Pyidaungsu Hluttaw'', which is a bicameral legislature consisting of the 440-seat
House of Representatives House of Representatives is the name of legislative bodies in many countries and sub-national entities. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often ...
and the 224-seat House of Nationalities. Military (''Tatmadaw'') member delegates are reserved a maximum of 56 of 224 seats in the National Assembly and 110 seats of 440 in the People's Assembly. This is similar to former Indonesian and Thai constitution. The revisions in state structure, including the creation of self-administering areas were not implemented until August 2010. The constitution itself came into force on 31 January 2011. At the time of its release, foreign media often incorrectly alleged that the constitution barred
Aung San Suu Kyi Aung San Suu Kyi (born 19 June 1945) is a Burmese politician, diplomat, author, and political activist. She was awarded the 1991 Nobel Peace Prize. She served as State Counsellor of Myanmar and Ministry of Foreign Affairs (Myanmar), Ministe ...
from holding public office because of her marriage to a British citizen; in fact, she would only be barred from the office of President, under the disqualification of those who have a spouse or children who are foreign citizens. There is no similar disqualification for any other public office.


2008 constitutional referendum

On 10 May 2008 a referendum was held to outline the political framework of the country. According to Chief Justice Aung Toe, chairman of the drafting commission, The government did not allow Cyclone Nargis to delay the referendum which took place as scheduled except in the
delta Delta commonly refers to: * Delta (letter) (Δ or δ), the fourth letter of the Greek alphabet * D (NATO phonetic alphabet: "Delta"), the fourth letter in the Latin alphabet * River delta, at a river mouth * Delta Air Lines, a major US carrier ...
areas affected by the cyclone. The National League for Democracy, which is led by Aung San Suu Kyi, was not allowed to participate in the creation of the constitution, and urged citizens to reject the constitution which it labelled as a "sham." The referendum itself passed the 2008 Constitution, but was generally regarded as fraudulent by the opposition party and those outside of Burma.


2012 by-elections

In spite of its earlier opposition to the 2008 constitution, the NLD participated in the 2012 by-election for 46 seats and won a landslide victory, with Aung San Suu Kyi becoming a member of parliament, alongside 42 others from her party.


Amending process

The ruling party and opposition parties have acknowledged that amendments are needed. The 2008 constitution reserves 25% of seats in parliament for members of the military, with the most powerful posts given to active-duty or retired generals.


Content of Constitution

The Myanmar Constitution has 15 chapters. Chapters 4, 5, and 6 concern the separation of powers between the legislature, judiciary, and executive. Due to over 50 years of military rule, the Constitution of Myanmar is dominated by the military, with 25% of the seats in both houses of the Assembly of the Union (''Pyidaungsu Hluttaw'') reserved for military representatives. Proposed changes to most parts of the constitution must be approved by more than 75% of both houses of the Assembly of the Union. For some others it must do so then go to a referendum. When the referendum is held, the changes must be approved by at least 50% of the registered voters, rather than 50% of those voting.No Constitutional Amendments Before Election: Shwe Mann
The Irrawaddy, 18 November 2014
A 194-page booklet containing the text in Burmese and English is available to download.


Type of content

* Preamble # Basic Principles of the Union # State Structure # Head of State # Legislature # Executive # Judiciary # Defence Services # Citizen, Fundamental Rights and Duties of the Citizens # Election # Political Parties # Provisions on State of Emergency # Amendment of the Constitution # State Flag, State Seal, National Anthem and the Capital # Transitory Provisions # General Provisions


References


External links

*
"Booklet of 194 pages (in Burmese & English Language) "

"1947 Constitution of Burma (Web Archive)"

"1947 Constitution of the Union of Burma (Burma Library)"

The 1974 Constitution of the Socialist Republic of the Union of Burma (Burma Library)



"Constitution of the Republic of the Union of Myanmar (2008)"
Official English version * ''Aung Htoo'' A Brief Analysis on the Constitution of Burma (2008) /
FIDH/BLC Seminar Advancing Human Rights and ending impunity in Burma: which external leverages?
Paris: Imprimerie de la FIDH, 2010 – pp. 53–58 {{Constitutions of Asia 1974 in law 2008 in law Law of Myanmar
Myanmar Myanmar, officially the Republic of the Union of Myanmar; and also referred to as Burma (the official English name until 1989), is a country in northwest Southeast Asia. It is the largest country by area in Mainland Southeast Asia and has ...