Burma constitution 2008 pdf

To what extent did it satisfy the aspirations of various ethnic groups. Williams, executive director, center for constitutional democracy the power of the burmese military under the 2008 spdc constitution burma s ruling junta, the spdc, has decided to hold elections in 2010 to choose a civilian government under the 2008 constitution, which was adopted by. No easy answers on myanmars constitutional challenges in what some thought could be a gamechanger to myanmar s political landscape, several constitutional amendments were voted down in the pyidaungsu hluttaw, or union parliament, on june 25. Burma lawyers council list of the most problematic. This raises the question of whether and how powers given to the states and regions under the 2008 constitution. These topic pages provide a quick overview and easy access to all content that can be found on ace for any give topic of interest weather encyclopaedia files, electoral materials, comparative data, consolidated replies, case studies, or other. Burmas parliament defeats constitutional amendments. A bird in the hand the federal pattern of myanmars. Burmas 2008 constitution in translation new mandala. Myanmar constitution of the republic of the union of.

List of the most problematic provisions in the 2008 constitution and burmese laws june 2012 the below gives an overview of provisions in the 2008 constitution and burmese laws that are, in the view of the blc, the most problematic for the development of rule of law and democracy in burma. This right includes the freedom to have or adopt a religion, the. Myanmar s military on tuesday quashed proposals in parliament that. Burmamyanmar laws, decrees and regulations state peace. Cambodias constitution of 1993 with amendments through 2008. This system is regulated and framed by the 2008 constitution. Related material download pdf of this report 65 pages. Parliament rejects another constitutional amendment proposal. Before independence, myanmar had two quasiconstitutions, the government of burma act, 1935 and constitution of burma under japanese occupation, 1943. There are provisions for ethnic nationality rights and equality, and more importantly, it takes the form of federalism with decentralization and democratization of power.

This report is based on research conducted by caitlin reiger in 20. Vote to nowhere the may 2008 constitutional referendum in burma. This brief overview paper argues that the current constitutional structure of government in myanmar can best be described as quasifederal, based on the fact that there are significant federal features in the constitution, although the term. A critical reading of 2008 myanmar constitution on the. Congress the defeat of the five proposed constitutional amendments means that aung san suu kyi will remain ineligible to. Constitution of the republic of the union of myanmar 2008. The 2008 constitution of the republic of the union of myanmar provides for a system of government in which the president is elected by an electoral college formed of three groups of parliamentarians, a bicameral legislature with the second house representative of states and regions, the government is appointed by the president and only formally. Act online online burma myanmar library, asian studies www virtual library pdf doc. 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 spdc. Maung maungs burma s constitution, already almost 50 years old, is still the only comprehensive piece of legal scholarship we have of this constitution, and thus is an important book for any burma scholar or student of asian law. Burma is a sovereign independent republic to be known as the union of burma. Myanmar 2008 constitution mizzima myanmar news and insight.

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. Normes consulted on 2008 1106 constitution online ministry of foreign affairs, mayanmar pdf of official burmeseenglish version of constitution doc. Cambodias constitution of 1993 with amendments through. After independence, myanmar adopted three constitutions in 1947, 1974 and 2008. Do hereby adopt this constitution of the republic of the union of myanmar through a nationwide referendum on the tenth day of kasone waning, 70 m. Myanmar constitution of the republic of the union of myanmar. Online burmamyanmar library, asian studies www virtual library pdf pdf. A critical reading of 2008 myanmar constitution on the rights and freedom of minority christians and other religions nant ai shu introduction freedom of religion is recognized as fundamental human rights. This 2008 is the third constitution of the country after the 1947 and 1974 constitutions.

Constitution of the republic of the union of myanmar 2008 english. Vote to nowhere the may 2008 constitutional referendum in burma map of burma i. Analysis of the 2008 spdc constitution for burma david c. The date of adoption of the constitution is 29 may 2008.

The economist explains what is wrong with myanmars constitution. Myanmar s transition under the 2008 constitution the beginning of 2011 marked the initiation of a new political and legal system in myanmar. I am aware that a number of readers are keen to examine this document. Its all in the constitution myanmar cannot be said to have genuine democracy until the 2008 constitution is amended and parliament is fully elected by the people. A constitutional referendum was held in myanmar on 10 may 2008 according to an announcement by the state peace and development council in february 2008. A previous discussion of burma s constitutional issues based on an.

Government of burma act, 1935 constitution of 1943 under japanese occupation the panglong agreement 1947 constitution of 1947 constitution of 1974 constitution of 2008. International center for transitional justice military and at least one member of the armed forces vote for a proposed amendment to limit military dominance. The amendment process under the 2008 constitution the fact that the process of constitutional amendment has become a critical issue in myanmar. The myanmar constitution 2008 presents a challenge to the global community. Impeachment of the chief justice of the high court of the region or the high court of. Process v substance by andrew harding the paper was written for a workshop on constitutionalism and legal change in myanmar 1.

Theconstitutionofthefederalrepublicoftheunionofburmaseconddraft. The constitutional referendum law was enacted and a referendum. Burma authorities planning internet cutoff, mizzima news, april 28, 2008. According to the military government, the new constitution of myanmar will ensure the creation of a disciplineflourishing democracy. The may 2008 constitutional referendum in burma hrw. Military backed government constitution, 2008 englishburmese version 2. For immediate release international human rights group lambastes new burma constitution for giving junta officers amnesty for rape and other crimes and disenfranchising women from forever holding top urges the. The republic of the union of myanmar shall honour all legitimate obligations arising out of treaties or agreements which before the commencement of this constitution have been in operation between the government of the union of myanmar and the government of other state, provided that such other state honours any reciprocal obligations towards. The result is a carefully planned strategy in which a. No easy answers on myanmars constitutional challenges. This constitution may be cited as the constitution of the republic of singapore. New mandala has recently received a pdf translation of burma s final 2008 constitution. 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.

It goes without sayingbut i greatly appreciate the assistance of those who provided it. The military drafted 2008 constitution is designed to give that impression. The constitution of the union of burma, 24 september 1947. The 2008 constitution retained the distinction between seven divisions that were renamed as regions, and the seven states, with the addition of the new capital, naypyidaw, as a union territory. Scribd is the worlds largest social reading and publishing site. This paper was first presented at a workshop titled can political reforms bring peace to myanmar.

The 2008 constitution breaches myanmarburmas binding. Maung maung wrote this book before, in the words of one burma scholar, he whored himself to general ne win. The 2008 constitution, which came into force on january 31, 2011 shows optimistic signs of progress towards the ethnic nationalities goal for selfdetermination. Myanmar 2008 constitution amendment proposals and voting results of union parliament for 436 b articles original proposal proposed by voting results 115 b when the occasion arises to have studies made and submitted on defence and security matters or. 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. While constitutions are regarded as the province of sovereign states, no act of state, including a constitution, is immune from certain international law mandates, including constitutional or state legislation. Summary and recommendations recommendations to concerned governments methodology ii. The union of burma shall comprise the whole of burma, including i all the territories that were heretofore governed by his britannic majesty through the governor of burma, and ii the karenni states. On may 2 and 3, 2008, cyclone nargis hit lower burma and devastated rangoon and much of the irrawaddy delta, with more than 8,000 dead or missing and millions in need of food, water, shelter, and medical care. We, the national people, have been living in unity and oneness, setting up an independent sovereign state and standing tall with pride.