Constitution of Myanmar

The Constitution of the Republic of the Union of Myanmar (Burmese:

[mjm n pwzb t bd])
is the supreme law of Myanmar. The country's third and current constitution,
[1]
it was published in September 2008[2] after a referendum.
History
1947 Constitution
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 ( Lumyozu Hluttaw) and the Chamber of Deputies
(
Pyithu Hluttaw), whose seat numbers were determined by
the population size of respective constituencies.[3][4]
1974 Constitution
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.[5] Each term was 4 years.[4] Ne Win became the
president at this time.
1988-2008
Upon taking power in September 1988, the military based State Law and
Order Restoration Council (SLORC) suspended the 1974 constitution.[6][7] 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.[7] The constitutional convention was again called in 2004, but
without the NLD.[7] Burma remained without a constitution until 2008.[7]
2008 Constitution
Main article: 2008 Constitution of Myanmar

Full text of the 2008 Constitution

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 ( )
Pyidaungsu Hluttaw, which is a bicameral legislature consisting of the 440seat 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. [8]
This is similar to former Indonesian and Thai constitutions.[citation needed]
The revisions in state structure, including the creation of self-administering
areas were not implemented until August 2010.[9]
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;[8] 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

Further information: Burmese constitutional referendum, 2008
On 10 May 2008[10] a referendum was held to outline the political framework
of the country. According to Chief Justice Aung Toe, who is chairman of the
drafting commission,
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.[11]
The government did not allow Cyclone Nargis to delay the referendum which
took place as scheduled except in the delta areas affected by the cyclone.[12]
[13]

The National League for Democracy, which is led by Aung San Suu Kyi, was
not allowed to participate in the creation of the constitution,[14] and urged
citizens to reject[15] the constitution which it labelled as a "sham." The
referendum itself passed the 2008 Constitution,[16] but was generally
regarded as fraudulent by the opposition party and those outside of Burma.
[17]

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.[18]
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.
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 Burma is dominated by
the military, with 25% of the legislature (Pyithu Hluttaw) reserved for military
representatives. Proposed changes to the constitution must be approved by
at least 75% of both houses of the Assembly of the Union before going 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.[19] A
194-page booklet containing the text in Burmese & English is available to
download [1]
Type of Content

Preamble

1. Basic Principles of the Union

2. State Structure
3. Head of State
4. Legislature
5. Executive
6. Judiciary
7. Defence Services
8. Citizen, Fundamental Rights and Duties of the Citizens
9. Election
10.

Political Parties

11.

Provisions on State of Emergency

12.

Amendment of the Constitution

13.

State Flag, State Seal, National Anthem and the Capital

14.

Transitory Provisions

15.

General Provisions