Constitution of Burma
Encyclopedia
The Constitution of Burma mjəmà nàiŋàɴ pʰwɛ̰zíbòuɴ ʔətɕèɡàɴ ʔṵbədè) has changed several times since the country became independent from the United Kingdom. Burma's third and current constitution
was published in September 2008 after a referendum.
and was used from the country's independence in 1948 to 1962, when the constitution was suspended by the Socialist 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.
, the 1974 constitution was the second constitution to be written. It created a unicameral legislature called the Pyithu Hluttaw
(the People's Assembly), represented by members of the Burma Socialist Programme Party
. Each term was 4 years. Ne Win
became the president at this time.
suspended the 1974 constitution. The SLORC called a constitutional convention in 1993, but it was suspended in 1996 when the National League for Democracy
boycotted it, calling it undemocratic. The constitutional convention was again called in 2004, but without the National League for Democracy. Burma remained without a constitution until 2008.
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 or, which is a bicameral legislature consisting of the 440-seat 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. This is similar to former Indonesian and Thai constitutions.
The revisions in state structure, including the creation of self-administering areas were not implemented until August 2010.
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; 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.
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.
The National League for Democracy
which is led by Aung San Suu Kyi was not allowed to participate in the creation of the constitution, and it urged citizens to reject the constitution which it labeled as a "sham." The referendum itself passed the 2008 Constitution, but was generally regarded as fraudulent by the opposition party and those outside of Burma.
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
was published in September 2008 after a referendum.
1947 Constitution
The 1947 constitution drafted by Chan HtoonChan Htoon
Justice Chan Htoon was Attorney General and Associate Justice of the Supreme Court of Burma, and the architect of the first constitution of Burma in 1947. Chan Htoon served as the President of the World Fellowship of Buddhists from 1958 to 1963. He was imprisoned from 1963 to 1967 by the Burmese...
and was used from the country's independence in 1948 to 1962, when the constitution was suspended by the Socialist Revolutionary Council, led by Ne Win
Ne Win
Ne Win was Burmese a politician and military commander. He was Prime Minister of Burma from 1958 to 1960 and 1962 to 1974 and also head of state from 1962 to 1981...
. The national government consisted of three branches: judicial, legislative and executive. The legislative branch was a bicameral legislature called the Union Parliament
Pyidaungsu Hluttaw
The Pyidaungsu Hluttaw is the national-level bicameral legislature of Myanmar established by the 2008 National Constitution...
, consisting of two chambers, the 125-seat Chamber of Nationalities
Chamber of Nationalities
The Chamber of Nationalities was the upper house of the bicameral Parliament of Burma from 1948 to 1962. Under the 1947 Constitution, bills initiated and passed by the lower house, the Chamber of Deputies, were to be sent to the Chamber of Nationalities for review and revision...
(Lumyozu Hluttaw) and the Chamber of Deputies
Pyithu Hluttaw
The Pyithu Hluttaw is the lower house of the Pyidaungsu Hluttaw, the bicameral legislature of Burma . It consists of 440 members of which 330 are directly elected and 110 appointed by the Myanmar Armed Forces. The last elections to the Pyithu Hluttaw were held in November 2010...
(Pyithu Hluttaw), whose seat numbers were determined by the population size of respective constituencies.
1974 Constitution
Approved in a 1973 referendumBurmese constitutional referendum, 1973
A constitutional referendum was held in Burma on 15 December 1973. The new constitution was approved by 94.5% of voters, with voter turnout reported to be 95.5%.-Results:...
, the 1974 constitution was the second constitution to be written. It created a unicameral legislature called the Pyithu Hluttaw
Pyithu Hluttaw
The Pyithu Hluttaw is the lower house of the Pyidaungsu Hluttaw, the bicameral legislature of Burma . It consists of 440 members of which 330 are directly elected and 110 appointed by the Myanmar Armed Forces. The last elections to the Pyithu Hluttaw were held in November 2010...
(the People's Assembly), represented by members of the Burma Socialist Programme Party
Burma Socialist Programme Party
Burma Socialist Programme Party was formed by the Ne Win's military regime that seized power in 1962 and was the sole political party allowed to exist legally in Burma during the period of military rule from 1964 until its demise in the aftermath of the popular uprising of 1988.-History:The BSPP...
. Each term was 4 years. Ne Win
Ne Win
Ne Win was Burmese a politician and military commander. He was Prime Minister of Burma from 1958 to 1960 and 1962 to 1974 and also head of state from 1962 to 1981...
became the president at this time.
1988-2010
Upon taking power in September 1988, the military based State Law and Order Restoration Council (SLORC)State Peace and Development Council
The State Peace and Development Council was the official name of the military regime of Burma , which seized power in 1988. On 30 March 2011, Senior General Than Shwe signed a decree to officially dissolve the Council....
suspended the 1974 constitution. The SLORC called a constitutional convention in 1993, but it was suspended in 1996 when the National League for Democracy
National League for Democracy
The National League for Democracy is a Burmese political party founded on 27 September 1988. Nobel Peace Prize laureate Aung San Suu Kyi serves as its General Secretary. The party won a substantial parliamentary majority in the 1990 Burmese general election. However, the ruling military junta...
boycotted it, calling it undemocratic. The constitutional convention was again called in 2004, but without the National League for Democracy. Burma remained without a constitution until 2008.
2008 Constitution
On 9 April 2008, the military government of Burma released its proposed constitutionConstitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
for the country to be put to a vote in public referendum on 10 May 2008, as part of its roadmap to democracy
Roadmap to democracy
Burma's roadmap to democracy , announced by General Khin Nyunt on 30 August 2003 in state media, provided a seven-step process in restoring democracy in the country...
. 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
The Pyidaungsu Hluttaw is the national-level bicameral legislature of Myanmar established by the 2008 National Constitution...
(Pyidaungsu Hluttaw or, which is a bicameral legislature consisting of the 440-seat People's Assembly
Pyithu Hluttaw
The Pyithu Hluttaw is the lower house of the Pyidaungsu Hluttaw, the bicameral legislature of Burma . It consists of 440 members of which 330 are directly elected and 110 appointed by the Myanmar Armed Forces. The last elections to the Pyithu Hluttaw were held in November 2010...
and the 224-seat National Assembly
Amyotha Hluttaw
The Amyotha Hluttaw is the upper house of the Pyidaungsu Hluttaw, the bicameral legislature of Burma . It consists of 224 member of which 168 are directly elected and 56 appointed by the Myanmar Armed Forces. The last elections to the Amyotha Hluttaw were held in November 2010...
. 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. This is similar to former Indonesian and Thai constitutions.
The revisions in state structure, including the creation of self-administering areas were not implemented until August 2010.
Foreign media often incorrectly allege that the constitution bars Aung San Suu Kyi
Aung San Suu Kyi
Aung San Suu Kyi, AC is a Burmese opposition politician and the General Secretary of the National League for Democracy. In the 1990 general election, her National League for Democracy party won 59% of the national votes and 81% of the seats in Parliament. She had, however, already been detained...
from holding public office because of her marriage to a British citizen; 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
On 10 May 2008 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,The government did not allow Cyclone Nargis
Cyclone Nargis
Cyclone Nargis , was a strong tropical cyclone that caused the worst natural disaster in the recorded history of Burma. The cyclone made landfall in Burma on Friday, May 2, 2008, causing catastrophic destruction and at least 138,000 fatalities...
to delay the referendum which took place as scheduled except in the delta
Ayeyarwady Division
Ayeyarwady Region is a region of Myanmar, occupying the delta region of the Ayeyarwady River . It is bordered by Bago Region to the north, Bago Region and Yangon Region to the east, and the Bay of Bengal to the south and west...
areas affected by the cyclone.
The National League for Democracy
National League for Democracy
The National League for Democracy is a Burmese political party founded on 27 September 1988. Nobel Peace Prize laureate Aung San Suu Kyi serves as its General Secretary. The party won a substantial parliamentary majority in the 1990 Burmese general election. However, the ruling military junta...
which is led by Aung San Suu Kyi was not allowed to participate in the creation of the constitution, and it urged citizens to reject the constitution which it labeled as a "sham." The referendum itself passed the 2008 Constitution, but was generally regarded as fraudulent by the opposition party and those outside of Burma.
External links
- "1974 Constitution of Burma"
- "Constitution of the Republic of the Union of Myanmar (2008)" Official English version
- Aung Htoo A Brief Analysis on the Constitution of Burma (2008) // FIDH/BLC Seminar Advancing Human Rights and ending impunity in Burma: which external leverages? Paris: Imprimerie de la FIDH, 2010 — pp. 53–58