Constitution of Myanmar
|Constitution of Myanmar|
Page one of the original copy of the Constitution
|Created||9 April 2008|
|Ratified||29 May 2008|
|Purpose||To replace the 1974 Constitution of Burma|
|This article is part of a series on the
politics and government of
The Constitution of the Republic of the Union of Myanmar (Burmese: မြန်မာနိုင်ငံ ဖွဲ့စည်းပုံ အခြေခံ ဥပဒေ [mjəmà nàɪɴŋàɴ pʰwɛ̰zíbòʊɴ ʔətɕèɡàɴ ʔṵbədè]) is the supreme law of Myanmar. The country's third and current constitution, it was published in September 2008 after a referendum.
The 1947 constitution was drafted by Chan Htoon and was used from the country's independence in 1948 to 1962, when the constitution was suspended by the socialist Union Revolutionary Council, led by Ne Win. The national government consisted of three branches: judicial, legislative and executive. The legislative branch was a bicameral legislature called the Union Parliament, consisting of two chambers, the 125-seat Chamber of Nationalities (လူမျိုးစုလွှတ်တော် Lumyozu Hluttaw) and the Chamber of Deputies (ပြည်သူ့လွှတ်တော် Pyithu Hluttaw), whose seat numbers were determined by the population size of respective constituencies.
Approved in a 1973 referendum, the 1974 constitution was the second constitution to be written. It created a unicameral legislature called the People's Assembly (Pyithu Hluttaw), represented by members of the Burma Socialist Programme Party. Each term was 4 years. Ne Win became the president at this time.
Upon taking power in September 1988, the military based State Law and Order Restoration Council (SLORC) suspended the 1974 constitution. 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. Burma remained without a constitution until 2008.
On 9 April 2008, the military government of Burma released its proposed constitution 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 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 Union Assembly (ပြည်ထောင်စုလွှတ်တော်) Pyidaungsu Hluttaw, which is a bicameral legislature consisting of the 440-seat People's Assembly and the 224-seat National Assembly. 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 constitutions.
The revisions in state structure, including the creation of self-administering areas were not implemented until August 2010.
Foreign media often incorrectly allege that the constitution bars Aung San Suu Kyi 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
In drafting the constitution, the commission adhered strictly to the six objectives, including giving the Tatmadaw (the military) the leading political role in the future state.
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 it urged citizens to reject the constitution which it labeled 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.
The SPDC reported a heavy turnout on both dates, with few voting irregularities. Opposition groups say the turnout was comparatively light, with many reported cases of voting irregularities, such as premarked ballots, voter intimidation, and other techniques to influence the outcome of the referendum.
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 member of parliament, alongside 42 others from her party.
Content of Constitution
Myanmar Constitution has 15 chapters. Chapter 4,5,6 are separation of power by legislature, judiciary, execution. Due to over 50 years of military rule, the Constitution of Burma is dominated by the military. 25% of legislature members (Pyithu Hluttaw) are military representatives. Most of the key persons are ex-military officers. Amendment of constitution (chapter 12) is to support by 20% of legislature members and discuss at Pyithu Hluttaw. 75% is to agreed by members for some amendment. Some special items are to get 75% votes by nationwide referendum only. Booklet of 194 pages (in Burmese & English Language) is available to download 
Type of Content
- Preamble . . . 1
- Basic Principles of the Union . . . 3
- State Structure . . . 13
- Head of State . . . 19
- Legislature . . . 27
- Executive . . . 75
- Judiciary . . . 125
- Defence Services . . . 148
- Citizen, Fundamental Rights and Duties of the Citizens . . . 149
- Election . . . 157
- Political Parties . . . 163
- Provisions on State of Emergency . . . 165
- Amendment of the Constitution . . . 173
- State Flag, State Seal, National Anthem and the Capital . . . 175
- Transitory Provisions . . . 177
- General Provisions . . . 179
The ruling party & 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.
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- Martin, Michael F. (29 April 2010) ["Burma’s 2010 Elections: Implications of the New Constitution and Election Laws"] United States Congressional Research Service, Library of Congress, page 4, citing Watson, Roland (26 March 2010) "Intelligence from Burma Police Defector" Dictator Watch
- "Booklet of 194 pages (in Burmese & English Language) "
- "1974 Constitution of Burma"
- "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