They were the first elections in burma since its separation from india under the british raj. 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 basis of the eternal principles of justice, liberty and equality and to guarantee and secure to all citizens justice social, economic and political. Aung san suu kyi amends her stand on constitutional reform. The commander in chief of the military chooses the ministers with responsibility for defence, border affairs and home affairs at both the national and subnational level from among serving members of the military sections 232, 262. The constitution of the union of burma 1947 democracy for. Sep 03, 2018 1947 aung san and six members of his interim government assassinated by political opponents led by u saw, a nationalist rival of aung sans. Preamble 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 basis of the eternal principles of justice, liberty and equality. The constitution of the union of burma, 1947 the 1947 constitution. Because state heads would also serve in the union cabinet and members of state legislative councils would serve in parliament, the states were closely linked to the central government. After attaining independence, parliamentary democracy system was practised in the state in accord with the constitution of the union of myanmar. All the files contain myanmar script in addition to english romanization. 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.
This issue myanmar laws2000 is theconinuation of the publication mentioned above. This 2008 is the third constitution of the country after the 1947 and 1974 constitutions. Against this backdrop, the wish to change the constitution to allow an effective democratic transition has been a sound bite of suu kyis electoral campaign and one of. In february, the national league for democracy nldled government announced a new committee tasked with drafting amendments to the 2008 constitution. Jesse hartery jesse hartery works at international law firm fasken llp. Jun 15, 2015 the constitution preserves a significant role for the military in public affairs. The constitution preserves a significant role for the military in public affairs. Myanmar language pdf download page asia pearl travels. The 1947 constitution was drafted by chan htoon and was used from the countrys independence in 1948 to 1962, when the constitution was suspended by the socialist union revolutionary council, led by military general ne win.
At independence, the 1947 constitution conferred power on the supreme court to issue the constitutional remedies of habeas corpus, mandamus, prohibition, quo warranto and certiorari. Yangonon july 19 martyrs day in myanmar the national league for democracy nld wound up an eightweek campaign calling for changes to the countrys constitution. Some important sections of the myanmar constitution. The constitution of the union of burma, 1947 the 1947. Constitution of the union of burma wikisource, the free. The constitution of the union of burma, 24 september 1947 ilo. The national government consisted of three branches. Gdp in the rest of asia grew in multiples, myanmar stagnated, barely growing at all 2. In 1990, the state law and order restoration council slorc held multiparty elections but refused to seat the parliament when the democratic opposition won an overwhelming majority of seats. 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. A challenging task, as the same constitution guarantees the military 25% of seats in parliament and three key ministers such as defence, home affairs and border affairs. U nu, foreign minister in ba maws government, which. In order to gain independence speedily, the constitution was hastily drafted, and it was adopted by the constitutent assembly on 24 th september 1947.
Iconnect constitutional writs as weapons in myanmar. In 1974, ne win introduced a socialist constitution and singleparty parliament, albeit one dominated by the military. The constitution of the union of burma, 24 september 1947. The union of burma shall comprise the whole of burma, including i all the territories that were heretofore governed by his. Suu kyi and her party had said that the current constitution needs to be amended to meet democratic norms, and that the amendments were essential for a free and fair election. Everything you need to know about human rights in myanmar. I focus on how and why the current constitution recognises the rights of ethnic minorities compared to past constitutions. Burma is a sovereign independent republic to be known as the union of burma. China has drafted four constitutions since the founding of the peoples republic, respectively in 1954, 1975, 1978 and 1982.
Myanmar laws 19881989, myanmar laws 1997 and myanmar laws 19981999. The union of burma constituent assembly of burma rangoon, supdt, govt. Establishing the state, 1947 1958 129 8 military takeover and the separation of east pakistan, 1958 1971 143 9 zulfikar ali bhutto, pakistan people s party, and the military regime of general ziaulhaq, 1972 1988 159 10 democratic decade, 1988 1999. The constitution of the union of burma 1947 democracy.
That is, i am concerned with why a military regime would grant forms of special recognition to ethnic nationalities in a constitution drafted under its control. Oct 25, 20 article 19 recommends that the national league for democracy, lead by aung san suu kyi, together with other political parties, insist on real protections for the right to freedom of expression and information as they draft their proposals for the vital reform of the constitution of myanmar. Nld promises constitution change before term expires naw betty han 28 sep 2017 brochures with images of state counsellor daw aung san suu kyi and her father general aung san are displayed at a souvenir shop at nld headquarters to mark. 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. Article 19 recommends that the national league for democracy, lead by aung san suu kyi, together with other political parties, insist on real protections for the right to freedom of expression and information as they draft their proposals for the vital reform of the constitution of myanmar.
Myanmar laws1990 is under arrangement for publication in the near future. Constitutional reform in myanmar british institute of international. The bill of rights applies to all law, and binds the legislature, the executive, the judiciary and all organs of state. Myanmar constitution guidelines ensure military power the. The floundering nationwide peace process remained at a standstill. Jun 25, 2015 suu kyi and her party had said that the current constitution needs to be amended to meet democratic norms, and that the amendments were essential for a free and fair election. Chronology of burmas constitutional process human rights watch. A provision of the bill of rights binds a natural or a juristic person if, and to the extent that, it is applicable, taking into account the nature of the right and the nature of any duty imposed by the right. All powers, legislative, executive and judicial, are derived from the people and are exercisable on their behalf by, or on the authority of, the organs. Jul 21, 2014 yangonon july 19 martyrs day in myanmar the national league for democracy nld wound up an eightweek campaign calling for changes to the countrys constitution.
The constitution of the union of burma, 1947 the 1947 constitution the constitution of the union of burma, 1947 the 1947 constitution title. Sep 28, 2017 nld promises constitution change before term expires naw betty han 28 sep 2017 brochures with images of state counsellor daw aung san suu kyi and her father general aung san are displayed at a souvenir shop at nld headquarters to mark the partys 29th anniversary on wednesday in yangon. Comparing three versions of the myanmar burma constitution. The 1947 constitution was drafted by chan htoon and was used from the countrys independence in 1948 to 1962, when the. Links provide access to primary documents, legal commentary, and general government information about specific jurisdictions and topics. Nov 30, 2015 a challenging task, as the same constitution guarantees the military 25% of seats in parliament and three key ministers such as defence, home affairs and border affairs.
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. The constitution of the union of burma 1947 cep jyifqicsursm. Aug 01, 2017 the fetters on myanmar s democracy are many. Some important sections of the myanmar constitution c i the president shall submit the nomination of the person suitable to be appointed as the chief justice of the union to the pyidaungsu hluttaw and seek its approval. The military retained significant economic and political power. Important dates in myanmars postindependence history 1826 1947 colonial period. The ethnic nationalities given some forms of special recognition in the 1947 constitution were 11 see generally martin smith, burma. The 2008 constitution gives the military 25% of seats in parliament.
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. Recommendations for constitutional reform article 19. The nld swept the last free general election in 1990, but the thenruling military junta ignored the results and kept suu kyi under house arrest and detention for a total. The constitution of the union of burma, 1947 the 1947 constitution burmese. This guide to law online burma contains a selection of burmese legal, juridical, and governmental sources accessible through the internet.
All the pdf files in the language section of this website are listed in the table below. General elections were held in burma on 9 april 1947 to form the basis of a constituent assembly that would design a constitution once independence from the united kingdom had been achieved. Article 187 any organ of state or the people who have elected and assigned duties to a peoples representative or an organ wishing to recall such representative or organ for any of the following reasons, shall have the right to do so in accordance with law. Local law books and legal commentaries have also contributed to the common law in myanmar.
Audio files are available online in the corresponding lessons as mentioned in the pdf files. Burma gains independence from british rule and institutes the 1947 constitution. 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 myanmars constitution in yangon on may 17, 2014. An overview of burmas ethnic politics cultural survival. 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. Nld promises constitution change before term expires the. Any provision of this constitution may be amended, whether by way of variation, addition, or repeal, in the manner hereinafter provided.