In connection with multiparty democracy, it is stipulated that the State practises discipline-flourishing genuine multiparty democracy.
- Leaked version of Burma’s draft 2008 constitution: Chapter 1, Article 3.
After a long journey from Burmese government sources I have been passed an English translation of Burma’s 2008 constitution that helpfully also includes the Burmese language text. Other leaked copies are apparently circulating in Yangon. Unfortunately the Burmese people have yet to see an official copy. As a result, I can’t give any assurance that this is the final draft and obviously there may be last-minute amendments or deletions before it is put to the national vote.
As it stands, the constitution is divided into 15 chapters and in this translated version runs to almost 500 pages. It is available here.
There is a huge amount in this constitution that will be of interest to New Mandala readers.
For starters, the various categories of people barred from seeking public office (as either President or Hluttaw representative) are designed, no doubt, to keep many prominent and critical voices out of power. Any Burmese with strong “foreign” connections (however interpreted) looks like they may have trouble getting involved. Aung San Suu Kyi, any Burmese who have recently lived abroad, anybody whose organisation is linked to foreign support, etc, are all potentially locked out of the political process. And on some points the categories of persons barred from politics is not as clear as it could be. Much looks like it will be left up to executive discretion and interpretation.
At the same time a number of the semi-autonomous areas created after ceasefires in the 1980s and 1990s will be re-designated as “self-administered divisions” or “self-administered zones”. They include areas populated by Naga (which, to the best of my knoweldge, has never been formally declared a Special Region), Danu, Pa-O, Palaung, Kokang and Wa. These areas are all in the Shan State and the Sagaing Region (currently called ”Division”) and do not even begin to cover the range of other spaces that have been “self-administered” since the ceasefires. The immediate question is – where have the other Special Regions gone? What about, for example, the three Kachin Special Regions in the Kachin State and the northern Shan State? What about the other ceasefire groups? The Mon? The Shan? Reading the whole constitution the idea seems to be that these groups (whether the National Democratic Alliance Army, the New Mon State Party or the Kachin Independence Organisation) will be dissolved and replaced by civilian (and therefore un-armed?) political organisations. This would be a big change.
Hopefully there will be more indication of developments on the “ethnic” front soon.
It is, however, apparent that in all major spheres of life (including ethnic politics) the armed forces and “the State” are reinforcing their dominant position. As just one example (from Chapter 1, Article 4), the constitution proclaims that:
In connection with State structure, it is laid down that -
(4) (a) the Union is constituted by Pyidaungsu (Union) systems;
(b) the existing seven divisions are designated seven regions and the existing seven states are designated seven states. Those seven regions and seven states are of equal status and authority;
(c) the names of those seven regions and seven states are retained as they are at present;
(d) if it is desired to change the name of a region or a state, it shall be done so with enactment of law after ascertaining the wishes of citizens residing in the region or state concerned;
(e) no part of the territory of the Union, namely, regions, states and self-administered areas etc., shall ever secede from the Union.
None of this is particularly surprising and I doubt it will come as much of a shock to the millions of Burmese who have been locked out of the secretive constitution drafting process. The goal of this constitution is to entrench the position of the armed forces and ensure that the Commander-in-Chief of the Defence Services (currently Senior General Than Shwe) retains a pivotal role in the “discipline-flourishing” democracy.
In fact, throughout the entire document the word “democracy” is always used in concert with the phrase “discipline-flourishing” (and it is used five times). There is no exception to this pattern.
This fact alone tells us a great deal about the constitutional future planned by Burma’s generals.
Update 10 April 2008: The Irrawaddy reports that copies of the constitution are now available in Yangon for 1000 kyat.
12 responses so far ↓
1 hrk // Apr 8, 2008 at 10:25 pm
I am not surprised by the new constitution. The question is not, in how far this is democratic or even maintains a facade of parliamentarism, but rather does a legal framework potentially allow for a certain level of calculability in Burma. This would already be quite an achievement, and define a certain, even if minimal level of control of the junta. This is the reason why I am surprised that the junta even formulated such a constitution. What are the reasons for it? I don’t think it is due to external presure, or that it is just fashionable.
2 jonfernquest // Apr 9, 2008 at 5:05 pm
Thanks. Aligning the Burmese with the English translation would provide quite a nice language learning aid for Burmese learning English and for learning the Burmese language.
A parallel corpus would be a nice supplement to the monolingual corpus at Doug Cooper’s SEA-LANG.
http://sealang.net/burmese/corpus.htm
http://en.wikipedia.org/wiki/Parallel_text
Does anyone know what font the Burmese part uses?
When is Burmese going to be included in the unicode engine that browsers use?
3 Cyclone relief no laughing matter « Rule of Lords // Jun 6, 2008 at 10:04 am
[...] new constitution may insist that nobody can be held for more than a day without going to a court or being charged, [...]
4 Ken Gallant // Sep 6, 2008 at 3:10 am
Nicholas,
Do you know if the document you have posted actually turned out to be the Constitution presented at the referendum in May 2008?
I’m going to bet it was, but I sure don’t know.
Ken Gallant, Prof. of Law, Univ. of Ark–Little Rock, Bowen School of Law
5 Hla Oo // Sep 6, 2008 at 9:55 am
The SPDC constitution sounds really scary as the military will forever control the strict 25% of three parliaments and, also the army chief of staff will still have absolute power whenever emergency deems necessary in his opinion.
Following is the summaries of parliamentary seats .
People Parliament or Lower House(Pyithu Hluttaw)
Elected 330
Army 110
Total 440
National Parliament or Upper House
Elected 168
Army 56
Total 224
Regional or State Parliaments
Strict 25% from the army
But, that constitution is now the new constitution of Burma as the rigged referendum, just after the devastating NARGIS, has already approved it.
Just hope the people of Burma will enjoy the “discipline-flourishing-democracy” very soon!
6 Ken Gallant // Sep 7, 2008 at 4:56 am
Nicholas and all, It now appears to me that the draft you have was the 2007 Fundamental Principles, that were used as the basis for the 2008 Constitution. Do you have a translation of the final Constitution?
Thanks,
Ken
7 Nicholas Farrelly // Sep 7, 2008 at 10:38 am
Hi Ken,
Thanks for your messages.
I’m sorry it has taken me a day to get to your question. As I indicated in the original post, I’m not sure if this is the version that was put to the referendum in May 2008. I have never seen a version that I can confirm was the subject of the national vote, mostly because I don’t have a hard copy to cross-reference.
The relationship between the “principles” and the “constitution” could, I expect, be clarififed by a couple of scanned pages from the version circulated, in hard copy, in Yangon earlier in the year.
The inconsistent way that the text was circulated ensured that there was never any certainty about any particular version.
If there is anything else I can help with, please feel free to get in touch more directly.
Best wishes,
Nicholas
8 Nicholas Farrelly // Sep 8, 2008 at 11:14 am
Hi Ken, and other interested readers,
A very reliable source informs me that:
“…the official translation is still being finalised…The official Burmese version was finalised in February and sold parsimoniously…according to [...] there are a few differences between the Burmese version and the detailed basic principles [which was the document posted to New Mandala]…[but] the SPDC made a few last minute changes.”
I hope that helps clear things up. You are right — this is not the final constitution put to the referendum. As soon as I have any other versions (in either Burmese or English) I will be sure to post them here.
Best wishes to all,
Nich
9 Thin Thin // Jan 2, 2009 at 11:44 am
The 2008 constitution is drafted by 45 “”SELECTED”" 45 members and NOT from elected candidates of public.
The ROAD MAP of 2003 was drafted by General Khin Nyunt and Gen Khin Nyunt delived the speech was-
1. The Election in 1990 was sincered and clean according to 100th. Press Conference on 13th. August 1990.
2. The 104th. Press Conference with all media of in and out side of Burma also deleivered as same the election was cleaned on 11th. July 1990.
So, SLORC and SPDC is never keep their promise and how to trust of
that Army Junta G or Gun Government.
Thin Thin
10 kyaw swar // Jan 8, 2009 at 7:49 pm
The 2008 SPDC May constitution are not based from 1947/74 principle and and 45 SELECTED SPDC’s MEN drafted.
Now, Public,NLD, all politicians and Citizens are requesting to discuss
(compromise) with 1990 election candidates and citizen.
The con-artist men are approaching to SPDC and taking the rights of
permits, land and business with military.
SPDC also using their power to grant the rights of business with state owned money and resources.
All are watching since 1988 and nothing out come results from 1988 to 2008 for country’s beneficial or devlopment.
Now, military is breaking their several promise since 1988 to hand over the power after 1990 election and defying all opposition groups and arrested all young students and politicians.
We understand the way of Burma is very simple and could be changed within one year if SPDC have sympthy or resepect the law.
Actually, SPDC expected the CIVIL WAR and they need to destroy
all Political Group by ARM after their dream completed of 2010 election.
So, the public and SPDC must solve their created problem with confrontation status and must solve by NLD and SPDC openly.
We are also not afraid for fighting to SPDC this time and must show our abilities from each channel and each location to fight back to
1. Than Shwe’s Group or brutual men
2. Police Squad
3. USDA or Kyant Phut with murphy
4. SPDC’s families or their business or properties
5. We have decided to show our strength very clearly in Burma.
11 Ken Gallant // Jan 9, 2009 at 11:08 am
Nich and all,
Has there ever been a translation (official or otherwise) made available of the final constitution put to the referendum in 2008?
Thanks,
Ken
12 Nicholas Farrelly // Jan 9, 2009 at 11:25 am
Hi Ken,
Thanks for following this up. I don’t have anything but I will chase this up and see if I can find a translation. If I get a copy I will be sure to post it online.
Cheers,
Nich
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