Beruflich Dokumente
Kultur Dokumente
Foreword
Let me introduce myself to the audience , before proceeding further .
( 1 ) I am a Shan national among the 8 principal races of Myanmar ,
but not a narrow nationalist ,anyway.
( 2 ) I am an ardent believer in a Shan-Myanmar friendship since my
early childhood, and therefore no inkling of any anti-Myanmar feeling ,
though some of my frank and sincere remarks may mislead the reader .
( 3 ) Like in the example of two men, one riding on the shoulder of another,
the man on the shoulder does not feel the weight felt by the one below. But
the man below knows the burden from experience . I am speaking from
the stand-point of the one below ,who knows by experince .
( 4 ) I am 86 years old, and , a part-time politician, so to speak , because
my political experiences of 70 years were intermittent from time to
time. And I am not claiming myself to be a political leader anyway.
Besides, I had studied history,politcal science and law in my University
days and am still studying as a hobby uptil now, without claiming to be an
academician. Anyhow I can confidently say that I am an above-average in
those fields . So I am submitting this paper as a historian, as well as, in
those capacities as academic awareness based on my own experiences .
( 5 ) I am a believer in a true Federal Union of Myanmar. Therefore, my
remarks and suggestions aims for a perpetual Federation only. You may rest
assured that I am not repeat not a secessionist .
PROLOUGE
Since the very beginning of State Building in 1948 , we had erred
by building a bogus (or) quasi federation instead of a true federal one ,and
it has lasted uptil now for about 60 years.Of course two attempts had already
been made to rewrite the constitution ,but it had gone from bad to worse .
This essay is just an attempt to find out the disease in our so-called
Federal Union of Myanmar and point out a proper medicine.The success
or failure of the attempt will depend on how our Federal citizens re-act .
Those settling in the plains, delta and coastal regions founded city
states and later kingdoms and dynasties, while settlers on the hills remained
under their feudal chiefs ,such as Sawbwas in Shan Hills, Sawkais in Karen
Regions,Duwas in Kachin Hills, Taung Oaks in Chin Hills and Sawpyas in
Karenni States.
It is noteworthy to know that there never was such a State as Burma,
until it was formally declared as a Federated State in the name of Union of
Burma in 1948.Here the statement made by Bogyoke Aung San on 16-6-47
in his 7 directives ,was an example and should be quoted .In that speech, he
stated as follows."Now, we had not constituted a STATE yet in BURMA."
( C-72 ./p.34 ) Before that period,they were only Kingdoms such as
Prome,
Pagan, Ava, Sagaing, Pinya, Hanthawady, Mandalay, etc , centering in
their respective cities. They were parallel kingdoms mostly and there were
some annexations among themselves at times.But their domain never extended beyond the area we later called Burma Proper . Mon and Rakhine had
their seperate kingdoms until they were annexed later .
Burmese kings never bothered to rule over the hilly areas .Relationship between them was just as kings and vassal chiefs, the latter paying
tributes , daughters and ralatives to the King occasinally,recruiting and sending warriors in time of war,only foregoing their suzerainty,but never losing
their sovereignty.As for Shans,they even ruled over Burma ,founding a Shan
Dynasty for about 200 years .( See B-8/p.58 )It was also noteworthy that the
Shan Kings of Burma treated their Shan Sawbwas as their vassal Chiefs.
The Karennis were left out of Burmese Kings' control under a treaty with
Kinwun Mingyi and British authorities .(B-9/p.82) Rakhines and Mons were
annexed later.And,thus,when King Thibaw was dethroned in1885,the Shans,
Karennis, Kachins and Chins were left with their sovereignty intact.
Here I shall have to elaborate to some extent about the sovereignty
and seperate idenitity of those peoples,starting from Shans and Burmans . In
earliest times of history ,there were 9 principal Shan States,popularly
known as " Koe-Shan-Pyi " or " Nine Shan States ".They were 3 States in
the north known as " Mao Shan States , and 6 States in the Eastern Hills
known as " Kanbawza Shan States " .When the British annexed Thibaw's
Kingdom in 1885 ,those 3 Mao Shan States together with some portion of
Momeik State
were taken direct under their own,amalgamating with SagaingDivision. And
thus the status of sovereignty of Mao Shan States was eliminated while those
in Kanbawza State was left with their sovereignty intact, though under
their sovereignty .
a letter from H.E. the Governor of Burma, to the Shan Chiefs dated 28-91930, as a sort of reply . ( See excerpts below )
10. The Shan Chiefs desire to state that Shan States have never been
treated as part of Burma. They were proud of their ancient independence, and were totally different from the Burmese.
11. The Shan States , however , would not object to a federal form
of Government with Burma in the future constitution of Burma on
condition that (a) No interference in the affairs of the States. (b) Their
ancient rights ,customs and privileges shall be unaltered. (c) It should be
on the same lines with the Indian Princes and(d)Hereditary rights of Shan
Chiefs shall be acknowledged and safeguarded.
12.The Shan States were always part of British India, not part of
Burma."
(c) Opinion of Hkun Kyi ( Myosa of Hsatung ) in his famous booklet
of 7th,September,1935, titled *Errors of the Shan States* ( in Burmese )
At this stage,I shall have to mention for the sake of history,the name of
a man who should be remembered and revered as the first Shan citizen
( a Paoh or Taungthu ) who wrote and spoke about politics in the Shan
States. He was, Hkun Kyi, the Chief of Hsatung State in the Southern Shan
States. His state was just a small one and he was designated , not as Sawbwa, but as Myosa ,i.e. one rank below that of a Sawbwa.He was one among
the feudal chiefs.In 1936 only, i.e. the year next,that U Tin E , a Shan citizen
among the masses sprouted as a politician along with the Rangoon University Students' Strike .
Khun Kyi wrote a book in Burmese about politics,
(&Srf;_ynf.trSm;awmfykH)
which can be translated as" Errors of Shan States ".The following extract
showed how he had dreamt of a Federal State of Burma,some thirteen years
before the founding of the Union of Burma in 1948 .
"After making known about the Talaings, Karens,Taungthus, Chins
Rakhines ,Kachins,Shan States'affairs should be expressed.After that Burma
should be formed as a federal state in the name of (United States of Burma).
In that Union,the status of Shan States shall be just below Burma." (C-10/p14)
(d) Conclusion .
As such , all the Shan Chiefs' opinion were evident that they did not
want to be part of Burma State(i.e. Unitary State ) ,but wanted only to be
incorporated as part of a " United States of Burma ".( i.e. Federal State )
As a result of these deliberations , (1) Government of Indian Act of
1935 and (2) Government of Burma Act of 1935 were promulgated . Under
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whether we will break our promises ,with the permission of the Speaker ,
I'll have to say that it is an insult to our " Senes of honour, Sense of
self-respect , Sense of pride .
So in conclusion, I will sum up that all the events mentioned from
para (1) to (3) above were distant and from para (4) to (10) were immediate
causes evolving for so many years and leading to signing of the Panlong
Agreement. These are the Panlong Spirit, or the Unwritten Agreement ,
on which foundation the Panlong Agreement of 12 th. February, 1947
were supposed to be built.
The Panlong Spirit can thus be summarised in a nutshell, as follows:( 1) A Federated States of Burma shall be constituted,
(2) There shall be political equality,
(3) Internal Autonomy shall be given---and,
(4) Right of Secession shall be granted .
Chapter II
( A) The Constitution of the Union of Burma ( 1947 )
(1) Deviation from the Panlong Spirit from the outset . It is both very
embarrasing and dangerous to mention that Panlong Spirit was so deviated
from the very outset, but I have to say so with clear conscious, because I
sincerely believe it to be true .Please let me elaborate.
I have just mentiond above that, on the opening day of the
Constituent Assembly , on 16th. June, 1947 , Bogyoke Aung San , as the
President of the A.F.P.F.L. ,in his speech on 7 directive principles, had
clearly promised to abide by both the letter and spirit of agreement.
Nobody will have any doubt about that . But, repeat, but please let me
remind you that on that same occasion, Bogyoke Aung San had
submitted two documents before the Assembly, e.g. (1)Draft constitution
adopted by the AFPFL and (2) Seven directive principles to be followed by
the delegates . These 2 documents were found to be deviating from the
Panlong Agreements.
In the draft constitution ,you will not notice any thing important or
extra-ordinary after the first reading, because nobody at that time in his
right sense, will expect such a thing. But,if you read it carefully,you'll see
between the lines,new Federation will be formed in 2 stratas (1) Burma
Proper taking the place of Federal Union (Higher) and (2) other component
states(Lower).
At that exact moment, or after some months of couse , people
were simply awed and could not notice any significance in the document.
For the people in those days, inclusive of all Frontier peoples and
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myself , Bogyoke Aung San was simply infallible. His esteem at that
moment was so high that, anyone who questioned against him must be an
outcast or an idiot. All believed that everything Bogyoke Aung San touch,
must turn to gold.
The final result was that the Union so constructed became two tired,
i.e. Burma Proper at the higher tier, while the other constituent states,
were left downstairs. This is the main defect from which other defects
and grievances followed, leading to the final blow by Genaral We Win in
1962.
At this point,a few important points which led to such confusions had
to be pointed out.In paras 2 & 3 of the draft constitution of A.F.P.F.L., how
the new Union of Burma is to be constructed is mentioned.It desccribed how
the other constituent states other than Burma Proper are to be constructed,
but the status of Burma Proper was just kept silent,which led to formation of
Burma Proper as a Union State,while the remaining States were left as ordinary States, a status below Burma Proper, culminating into inequality.
In the Directive Principles, direction 2 also stated in vague terms
which is analogous to A.F.P.F.L.'s draft constitution.Those 2 parallel
documents were drawn under Bogyoke 's guidance .One may argue that it
might have been done due to an oversight,but his later actions ,will show
Bogyoke's similar intentions and thus does not help that oversight theory.
Panlong Agreement was the base of the Union of Burma, and if the
unwritten Agreement to that effect was to be valued so much, as shown
in the Bogyok's above speech , this Panlong Spirit , which is the
foundation of the agreement should be mentioned elaborately as one of the
guiding directives for the delegates attending the Constituent Assembly,
which was the direct outcome of Panlong Agreement.If this was done so,
deviation from the Panlong Agree-ment could not have resulted.The couse
of our history may have altered in the right direction. The failure to
mention so is presumed to be intentional , for whose collaboration I will
have to point out in later pages.
But I shall have to point out here again that, according to my
historical understanding,the seed of destruction, like a banyan seed, was
laid in the foundation of the Constitution, and in due couse of time it
deterioated itself. In this regard, most of our citizens tried to put the blame
of failure in the Constitution on Thakin Nu , Bogyoke's successor, as U
Aung San cannot be wrong , and Thakin Nu spoiled the show during
his tenure. I can say that this is clearly wrong factually.In the Convention
held at Burma Broadcasting Station in 1962, U E Maung, the Judicial
Minister,had eluciated clearly that Bogyoke Aung San's deeds and
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Union of Burma. No seperate Legislature for those States were to be established just on the ground of saving expenditure.I have pointed out that it
was a wrong policy of penny wise and pound foolish, because this wrong
policy caused so many grievances between the Burmans and the indigenous
races and finally resulting in the ruin of the Union .
No doubt they had adapted some few points from U.S.S.R., and
U.S.A. but leaned more towards India and Canada , which were Quasi
Federal ( This aspect of adaptations from India and Canada will be
discussed more in detail in the paragraph below.And, lastly they moved
independently and heavily to an extreme type,which the world had never
experienced.This is just a brief expression , and some more explanations
in support of it , will have to be made .)
( 3 ) Bogyoke Aung San, the sole Architect with guidance from India .
All Burmese political leaders,including Bogyoke Aung San were
primarily in favour of a Unitary State. But later,Bogyoke Aung San,changed
his position towards a Federal Union , only after some discussions with
Frontier leaders just before departure to Britain in 1947, for Independence
talks . At that moment ,his knowledge of Federal principle may be only
sketchy, so he took the opportunity, to stay some few days in India, as
Jawahalal Nerhu's house guest, before proceeding to England. India and
Pakistan , had already been granted Dominion Status at that moment ,
and were starting to draw their respective constitutions, under the
guidance of Mr; B.N.Rau , supposed to be an expert in constitutional law.
Bogyoke Aung San had discussions with Mr. Nerhu and Mr. Ali Jinna ,
but mostly with Mr.B.N.Rau .
After the Panlong Conference , at the A.F.P.F.L. Conference held
from 19th. to 23rd. May,1947, it drew up a draft constitution under the
patronage of Tha-kin Mya , a one-time criminal
lawyer turned
politician. He was a well-respected political leader also, but his knowledge
of constitutional law may not be sufficient enough for the occation .
Bogyoke Aung San was also a law graduate and he had just returned from
England , with fresh knowledge in constitutional law he had gained from
Mr. B.N.Rau while in India . So, it will be no doubt that the preliminary
constitution drawn by A.F.P.F.L. Conference shall be under Bo Gyoke Aung
San's guidance .
Before the Constituent Assembly was convened in 9 th. June ,
1947, Bogyoke sent U Chan Htoon, the Constitutional Adviser of Burma , to
India, in April 1947,to get further advice from Mr.B.N.Rau.U Chan Htoon
came back to Burma in May, 1947 just before the start of A.F.P.F.L.
Conference . The first preliminary draft which was put up at the Conference
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Then only , Bogyoke replied with his own 2 questions ," From
where you will get money?, and From where you will get man power ? "
Then he proceeded as follows .
" Our country, after two wars, had been ruined and have to be
started from the ashes . We had to start with a loan from Britain.Man
power is also in short supply. We had to be very careful in spending our
resources ." I retorted him , that , for the sake of power , I think some
amount of money should be spent , however poor we may be .Then only
Bogyoke made the remark that , the question of number of Houses for the
Shan States was not yet decided by AFPFL and that question was to be
resolved by the Shans themselves,when the subcom-mittee for that
purpose meet in August.
I was much relieved to learn that the question we are worrying is
not hopeless as we had understood .But at that time ,I am no more a politician but just a student and hoped the finishing task will be carried on by
U Tin E and colleagues. But I am sorry to say that they had failed to do
their part .
I have spent much time and space in this matter, but I have to do so
as they are of historical importance. It made me clear in the following
points:(1) Bogyoke Aung San was a man of reason. He was amenable to criticism even from a young student such as myself.In the Constituent Assembly,
if other responsible delegates made suitable remarks and criticisms, he will
without doubt listen carefully.The only disdvantage was that our leaders did
not talk.They were simply unprepared or immature for the task.
(2) At the first session of the Constitutnt Assembly,when Bogyoke gave
his speech and 7 directive principles,almost all the delegates from the Frontier Areas, including such dignitaries as Sao Shwe Thaik, U Tin E , U Tun
Myint of Shan States ,Duwa Sinwa Naung , Duwa Zaw Laun , U Dein Ratan
of Kachin State, and Chin leaders etcwere all present ,only clapping their
hands in full support.But in 1962,those same delegates were staunch fighters
for a change criticising the Constitution. However, they were wise enough
later, to admit their wrongs made before .
(3) At that moment , the leaders of S.S.P.F.L. , including myself ,were
not matured enough to face the situation effectively.Our political experience
was very tender , and most of us were just novices in that matter .We Shan
leaders were mostly preoccupied with antifeudalism and all our energy were
centered on that objective too much.Of course,Federalism was our cherished
goal, and we knew only just a few important ingredients of a federal state ,
but we did not know how to build a federal state. We all left those matters to
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the A.F.P.F.L. and its leaders , especially Bogyoke Aung San ,with full faith
and trust.They will do the needful for all of us ,was our thinking .Only after
some time ,we began to know the defectives in our constitution , but too late.
Therefore,while I am now putting the blame on those leaders,I have to admit
that I am also one of them .
(4) Two houses system for the Shan States was unanimously resolved
in the Shan State Council ,and demanded by the Sawbwas themselves in the
Constituent Assembly,yet Shan leaders of the people led by U Tin E himself
failed to change their stance. ( C-2 / p.548) This caused much disadvantage
in the coming years.The result was that Shan Sawbwas took the lion's share
in the Shan State Council upto 1962 when the Constitution was dissolved .
(5)The concept of economy in money and manpower was originated by
Bogyoke himself and followed faithfully by U Nu,U ChanTun,etc..This concept of economy was repeated byU ChanTun often,in the Constituent Assem
bly,but it really was repetitions of Bogyoke Aung San's words .(C-6 / p.204)
I have stated clearly and uneqivocally that Bogyoke had made some
mistakes.But he could be liable to err as a human being, and he was only
32 years old then.But we had to recognize that he was a selfless, sincere
,intelli-gent,hard working, and patriot giving his whole lifetime and his life
at last,
for the sake of the country's independence. Even if he was regarded to be
inclined to the wrong side in assessing the Frontier peoples, I can say with
all my head and heart that he erred so not on his ill will but on his misjudgement alone.We should forgive and forget him for that.We must acknowledge that he was left without any sufficient help in this immense struggle.
Other delegates who failed to take their part of responsibility along with
Bogyoke should take their responsibility also for their lack of sufficient
support.Politics was a teamwork and if the game failed ,it was not only
the captain but also the whole team who were to be blamed .
( 4 )Time taken too short and interrupted by the Great Assassinations .
Great Britain granted their Dominion States, e.g. India 3 years and
Pakistan 9 years respectively to prepare for their constitutions. But Burmese
leaders from the very outset did'nt expect to get their quest for independence
so easily and thought the British Imperialists may drag on unnecessarily.So
to be on the safe side, a time limit was deemed required to be set and so demanded one year'stime,as the last date to grant independence,so short a time
for the task. The British granted accordingly.
Constituent Assembly was started in 10-6-1947 and as it has to be approved by the British Parlament in December 1947, Burma's Constituent
Assembly have to complete the draft by end of September 1947, about 4
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months' period. Bogyoke Aung San and party were assassinated on the 19 th.
July and so a few days elapsed in a most sorrowful state.So the remaining
task for completing the constitution was rushed in remaining 2 more month's
time, in a great haste.
Thus it is not strange that the constituion so produced was full of defects.
( B ) Defective points in the Constitution .
( 1 ) Points , in short , in the defective Constitution .
(a) Inequality in the basic structure.
Their model was Great Britain,a country based on England in the centre,amalgamated by other states gradually,and thus culminating to a unitary
state. As in the U.K., Burma Proper stood in the centre as a basic State without losing their identity, and amalgamated Shan,Kachin,Kayah and Karen ,
Chin States etc as satellites after the Panlong Agreement.Thus Federal
theory of equality was lost structurally from the appearance,then followed
by actual practice. Dis-satisfactions arose out of this wrong structure.Such
form of Federation never existed in history and we stood as an extraordinary
one.
(b) The Central Government was not represented equally or proportionately.
The central Government was formed with a majority Burmese Ministers,representing the Centre, added by a minority members representing the
States.So,there was no check and balance.The Burmese were always in great
majority thus making the State Ministers' presence ineffective always, thus
federal principle of equality disappeared. This unequal or inproportionate
representation should be ratified.Switzerland's example, should be followed .
(c)The principle of the Heads of Constituent States representing in
the Central Government is wrong.
In fact, choosing the Head of States as Ministers in Central Government
was structurally wrong ,on the principle that the States and Central Governments should be independent and seperate from one another.Under this practice the Prime Minister of Central Government got a prerogative right to appoint according to his decisions. But the Heads of States were also to be
cho-sen by their respective State Councils , and thus some conflicts arose
from time to time,e.g.Shan , Chin and Karen States.This prerogative right
gave the
Prime Minister of Central
Government to accept or refuse the elected person thus, The States' right of
selfdetermination was destroyed .
(d)Constituent States were not equally represented in the Upper House
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In building a Federal State,(1) sovreignty of the State and (2) Its voluntary decision to enter the Federation is the most important ingredient to be
considered If those two ingredients were clearely proved, then there is no
question of size, population,wealth, etc,as clearly practiced in other Federations,such as U.S.A.,U.S.S,R.,Switzerland,South Africa,Yugoslavia ,etc
We have clearly shown in the foregoing history section, that the eight States
now composing our Union were all sovereign or semi-sovereign although
their size,population,wealth,etc.. may not be on equal status .
Thus , by refusing to acknowledge the equality between Burma Proper
and other States,they simply accepted the accusation that they were followers of the Greater Burma mentality .
(2) Conclusion to be drawn .
All the 8 reasons shown above were more than enough to conclude
that the Federal State we had formed in 1948 as " the Union of Burma " was
not a true Federal State but only a Bogus or Quasi-Federal State at best ,
or only a Unitary State,or a Greater Burma State , or
( r[mArmEdkifiHawmf ) .
I would like to express the whole situation, that we had build a Federal
State,in our own peculiar way, i.e.in " a Burmese Way to Federalism ",which
was certain to be doomed,the same way as"the Burmese Way to Socialism",
later invention of General Ne Win,is to be so doomed in later couse of time.
When we tried to amend the then Constitution in 1961,there were sufficient reasons to conclude that if the negotiations were allowed to go forward
as planned, there was a possibility that a common solution acceptable to
both, though may not be the best, was just in the horizon. But we were
unlucky .
Chapter III.
The Constitution of the Socialist Republic of the Union of Burma .1974.
Just a sketch treatment will be enough for this section.
We have said enough about the Panlong Spirit (pp. 9 & 10) on which
our Union of Burma was built . They were in short (1) Political Equality
(2) Right of self determinitaion and (3) Right of Secession.We have to leave
the third for practical purposes and will only discuss the remaining two, (1)
Political equality and(2) Right of self determination.
(1) No Political Equality.
Not at all.This Federation was just a union of 7 states and 7 divisions,
which were not equal in status. The 7 States e.g.Shan, Kachin,Karen,Chin,
Kayah, Mon and Rakhine had their own sovereignty,while the 7 divisions
had no sovereignity at all , because they were just administrative regions
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forming a part of the States and as such ,there was a vast difference between
these two .By combining those dis-similar units together , political
equality
was destroyed from the origin. Burma Proper which was eligible only for a
constituent State was intentionally divided into seven states to have more
seats in the Union, thus a political ploy was practiced .Daw Aung San Suu
Kyi ,during a conversation with her on this subject,expressed her acceptance
of this policy as unfair .
(2) No Right of Self Determinition .
The Constitution expressly enacted that it will practice a centrally
controlled system of Government ,and thus power was held at the top and
flowed downwards through 4 levels of (1) Union (2) State or Divisions (3)
Townships and (4) Wards or Village Tracts. There was no flow upwards.
Thus the States had no authority to act themselves inedependently.Thus
right of self determination was non-existent.
(3) It was just a one party State.
Only Burma Socialist Programme Party was allowed to exist , and thus
its control and high-handed-ness was evident , causing a lot of grievences .
(4) Centrally controled economy.
All the private enterprises were eliminated .Most of the Indian busines
-smen were forced to leave the country. Many Chinese businessmen were
forced to leave their business. All the foreign ventures had to abandon their
enterprises. All the State ventures showed no progress and their productions were inferior as well as dearer.Therefore the economy of the country
was forced to the standstill. Machinery of distribution of commodities were
not worthy enough , black market flouished and the prices sour. All these
factors made the general public disgruntled and the country was forced to a
status of Least Developed Country .
( 5 ) Conclusion to be drawn .
Above factors led to the downfall of General Ne Win's government
and mass demonstrations in the streets of Rangoon, leading to final establishing of the State Law and Order Restoration Committee in 1988.
Chapter IV.
Constitution of the Republic of the Union of Myanmar( 2008.)
( A ) Preliminary period before the National Convention .
In the above heading,the word " Militaric " was written in bold letters,
but only the " wise "can see it. So, I ,"the wise", have to expose it in short.
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democratic one and (2) whether it is a Federal Republic will be discussed .In
this discussion,the respective sections of the Constitution will be mentioned.
( 1 ) Democractic Principles .
Before going further,a basic classification in democracy have to be explained. As differences in methods of elections, and methods of forming
governments occurred in couse of time, two basic forms of democracy arose
e.g.(1)Westminister Form and (2) Consensus Form.( A-28 / p.27)
(1)In most simple terms,Westminister Form denotes the form followed
in United Kingdom.Those who gets a majority vote in the General Elections
gets the chance to form government of their choice.This practise was usually
followed in European States, where there is no much questions about,
religion,race,language, culture.etc.
(2) Consensus Form is mostly followed in Federal States ,because of
existing various kinds of races ,religions ,languages ,cultures,etc...Opinions
of different groups had to be taken into account to get consensus agreement.
Therefore, in assessing the correctness of the Federal States,we have to
judge according to how much their methods correspond with the Consensus
form of Democracy .Besides ,in democratic countries ,all citizens are equal
and thus,nobody or class has a special place.We proceed under this principle
Section 7 mentions that "The Union practises genuine,disciplined multiparty democratic system ".
Section 8 mentions that " The Union is constituted by the Union System.
This two sections shall have to be examined together. I have to remark
that the word "disciplined "is an unnecessary adjective,inserted only to justify some deviations made in their own interests, such as , Communist Democracy,Socialist Democracy,Proletariet Democracy,Working Peoples' Democracy, Nazi Democracy, Fascist Democracy, Guided Democracy.We have
to adhere to the internationally accepted definition of President Abrahim
Lincoln of the U.S.A. as " The Government of the people, by the People,for
the people." Genuine, multiple democratic system is quite enough for the
matter.As such,disciplined democracy is un-democratic .
Section 11(a) says " The 3 branches of sovereign power, e.g. legislative,
executive and Judicial are equal,to the extent possible, and exert reciprocal
control, check and balance among themselves ". The words to the extent
possible"is superfluous and should be deleted,for it gives room for the authorities concerned to intervene whenever they desire to do so, and thus destroy
the real purpose of the law in a democratic State.
Section 14 says that "The ---Hluttaws include the Defence Services Personnel as Hluttaw representatives nominated by the Commander-in-Chief of
Defence Services in numbers stipulated by this Constitution.(i.e.one fouth )
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a Federal State .Apart from that semblance in name ,the constitution was actually a Unitary State. Seven States, which have some sort of sovereignty
together with seven Divisions which were administrative parts of the Burma
Proper were amalgamated together to form the Union . Thus equality among
the races was lost.
There was only one house representing the entire people but no other
house representing the races. All power was centered in the top flowing
only downwards .Heads of the States and Divisions were appointed by the
President , not elected by the people .Economic policy was a socialist one ,
all private enterprises were closed down.Public enterprises only were allowed ,so that inefficiency reigned supreme and the whole economic system
collapsed. At last Burma was reduced to the Less Developed Country level.
All paper money was devaluated and the whole country was doomed resulting to great communal gatherings in the Streets , which led to the downfall
of U Ne Win's domain in 1988 .
( C ) Experiences under Military Regimes from 1988 to 2008 .
(1) Good deeds to be complimented .
(a) Improvements in infra structure .
We can not turn a blind eye for the improvements made in the
direction of infra structure . Many new roads,bridges, railway tracts , canals,
irrigation works, hydroelectric projects ,dams , banks ,educational institutes,
Universities, Colleges , schools, hospitals ,hotels , etc. are plain enough to
be seen with our own eyes, and for that deeds , we have to pay compliments
to the authorities .
(b) Market Economy in the right direction .
Private sector economics is seen to be improving .Enterprises in
the Industrial Zones seemed to be in good shape . Many local products are
seen in the local market and some are understood to be exported .Tourist
business seems to be flourishing .
(c) Economic Projects seems to be thriving .
Sea-shore drilling of natural gas , inland drilling of oil , mining
projects are seen as improving.Projects under Departments of Forest , Agriculture ,Health ,Tourisim , etc seemes to be in good shape .
We have to congratulate the authorities for all these improvements .
( 2 ) Some draw-backs and mis-deeds .
But all these deeds are done mostly under Military Organization,and
in military precision for which the local population had to bear the burden .
Some human rights abuses are reported from time to time , for which the
authorities should look into .
( 3 ) What if not a Military Government ?
33
On account of being a military government , International Communities such as United Nations and agencies under it , and many
international organizations are reluctant to invest in the country.
Economically advanced but democratic governments such as United
States of America, United Kingdom, European Community, Japan,
Republic of Korea, Australia, India etcare reluctant to give the
necessary aids to the military government.
Therefore , some speculates that , if , not a Military Government ,
but a Civil Government ,is in control , the situation may be improved much
better . And I think the present regime was in agreement in this point .
( 4 ) National Reconciliation .
National reconciliation is the most important aspect in the present
stage of the country .Whether you admit it or not , it is evident that there
existed much differences between the authorities and the adversaries to
be solved .It was a situation which cannot and should not be ignored .
In 1990 multi-party elections ,N.L.D. had won a landslide victory.This
fact was accepted and recognized by the authorities .Official announcements
have already been made to this effect . The authorities had already made
official promises for the N.L.D. to convene a National Convention . But the
authorities failed to honour it , for which much confusions and dissatisfactions between the authorities and N.L.D. arose . Whether the authorities
honour the result of the elections or not, the N.L.D. has a de jure position ,
if not a de facto status.This difference is well known throughout the world ,
and cannot be wiped out easily , as if nothing had happened. Though the
authorities claimed that a 92% victory in the Referendum had superceded
the 1990 elections ,it is not a proper way to solve the problem . It is only an
excuse but not a sufficient reason .
According to my thinking ,the following 5 steps to the National Reconciliation should be followed .
(1) Take the opportunity to get all existing ,as well as, new parties registered in due course , after the required law is promulgated . And try to get
them united in a single bloc for a united action . My suggestions to
form the " Federal Democratic Grand Alliance " is one such theory .
(2) Let all those parties participate in the forth-coming general elections
in 2010 , without fail , with a view to get sufficient seats , if not majority ,in
the Parliament , but to form a respectable minority.It is almost a possibility
to get popular support by then .
(3) Try to fight and get our voices heard loudly in the Hluttaw .
(4) From then only, proceed to get a meaningful dialouge,between the
opposition and the Government .I hope the authorities will heed our request .
34
(5) From dialouge , possibly after necessary Gives and Takes , try to get
our much sought for " National Reconciliation."
These 5 steps are the sure way to success , for the attainment
of " National Reconciliation ",we had longed for so many years .
( 5 ) Some important steps to be taken at present .
All political prisoners ,(including those who are charged with criminal offences ) shall be released forthwith .
All basic democratic rights ,such as freedom of speech , expression,
organisation, faith , etc shall be granted forthwith.
( D ) Conclusions .
In conclusion, I would like to mention a very important point at
this historical moment . In the term " we ", which I have used all along , I
mean to include all the citizens of our Union, i.e. including all the fighting
sons of our Tatmadaw, as they are also sons of parents of our fellow
citizens of Myanmar .
Dated,
( SHWE OHN )
the
day of
, 2008.
Ex-President .
Democratic League for Shan State Nationalities ,( De-registered ),
Taunggyi .
Shan State , Myanmar .
Home Address .
No. 8 , Shin Saw Pu Pagoda Road ,
Sanchaung Township ,
Yangon. Myanmar .
Phones :01-510541
01-510764
35
Books of References
( A ) Constitutions and Constitutionalism
Sr.No.
A-1 Constitutions of Modern States
A-2 Text of Modern Constitutions
A-3 Constitutions and Constitutionalism
A-4 Laws of the Constitutions(7th.Edn.)
A-5 Principles of Political Science
A-6 Comparative Government
A-7 Constitutional Government of India
A-8 Federal Government (4th.Edn.)
A-9 History of Political Thought
A-10
Author
L.W. Phillip
B.N.Rao
G.W. Andrews
A.V.Diccey
R.N.Gilchrist
J.H.Price
M.V.Pylee
K.C.Wheare
Gettel