This article examines the legal status of the rohingya in myanmar by analysing relevant constitutional provisions of 1947, 1974 and 2008 and other major citizenship. Myanmars parliamentary committee tasked with proposing changes to the 2008 constitution has finished drafting two amendment bills. Fee information can be found in the official letter from the settlement and lands to the township farmland management office. The 2008 constitution pushed through by the military called for fresh national symbols, including a new flag whose colors of yellow, green and red would stand for solidarity, peace and tranquility, and courage and decisiveness. Myanmar 2008 constitution mizzima myanmar news and insight. 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. In this article, i critically examine the use of the constitutional power of emergency. A previous discussion of burmas constitutional issues based on an. This raises the question of whether and how powers given to the states and. According to reports the constitutional convention has now finished its job and the constitution has found its final wording. 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. Jan 17, 2009 new mandala has recently received a pdf translation of burmas final 2008 constitution. Building a3, wing b, star city, kyaik khauk pagoda road, thanlyin yangon region. The constitution, emergency powers and the rule of law in.
Do hereby adopt this constitution of the republic of the union of myanmar through a nationwide referendum on the t enth day of kasone w aning, 70 m. However, after the release of daw aung san suu kyi from house arrest, the party decided to participate in the 2012 byelections, promising to implement constitutional reform from within the system. Constitution of the republic of the union of myanmar, articles 377 and 378. Online burmamyanmar library, asian studies www virtual library pdf pdf. The joint committee meetings were held from 20 february 2019 to. This right includes the freedom to have or adopt a religion, the. Nearly 30 members from the national league for democracy nld and various ethnic parties on the committee approved the.
Pdf a bird in the hand the federal pattern of myanmar. Report of the joint committee to amend the republic of the. Vote to nowhere the may 2008 constitutional referendum in burma map of burma i. Scribd is the worlds largest social reading and publishing site.
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. Pdf myanmar constitution 2008 en bu red nay chi nu nu. 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 nld boycotted the 2010 election partly because it felt that the 2008 constitution was undemocratic. The result is a carefully planned strategy in which a. The constitution of myanmar by crouch, melissa ebook. Pyidaungsu hluttaw continued its 15th regular session yesterday, and voted on third category of provisions related to section 436 a. Constitutional codification and the constitutional tribunal iii. Burma 2008 constitution violates the democratic principle. A critical reading of 2008 myanmar constitution on the rights. Under the 2008 constitution, the power to declare a state of emergency is dealt with at some length in chapter xi.
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. This system is regulated and framed by the 2008 constitution. New mandala has recently received a pdf translation of burmas final 2008 constitution. Read online myanmars constitution of 2008 book pdf free download link book now. The 2008 constitution establishes a civilian government without full. National constitutions, draft constitutions, amendments and announcements texts. The referendum law for the approval of the draft constitution of the republic of the union of myanmar, 2008 spdc law no. We, the national people, drafted this constitution of the republic of the union of myanmar in accord with the basic principles and detailed basic principles laid down by the national convention. National constitutions, draft constitutions, amendments. 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 rights and freedom of minority christians and other religions nant ai shu introduction freedom of religion is recognized as fundamental human rights. State peace and development council spdc via the new light of myanmar 28 february 2008. The joint committee to amend the republic of the union of myanmar constitution 2008 was formed and assigned duties by pyidaungsu hluttaw union parliament on 19 february 2019. The 2008 constitution, the countrys third and current constitution, was published in september 2008 after a referendum the tatmadaw myanmar armed forces retain significant control of the government under the 2008 constitution. Parliamentary democracy and the 1947 constitution ii. The arakan project ap is a human rights organization which since 1999, has specialized in monitoring and documenting the situation of the rohingya muslims, an ethnic, religious and linguistic minority in northern rakhine state of myanmar. Nearly 30 members from the national league for democracy nld and various ethnic parties on the committee approved the amendment bills on monday.
The may 2008 constitutional referendum in burma hrw. Selected judgements of lower burma 18721892 printed judgements of lower burma 18931900 lower burma rulings of the chief court, rangoon 19001922. Normes consulted on 20081106 constitution online ministry of foreign affairs, mayanmar pdf of official burmeseenglish version of constitution doc. National constitutions, draft constitutions, amendments and. No easy answers on myanmars constitutional challenges. 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 ratified by parliament, and both president and.
International center for transitional justice military and at least one member of the armed forces vote for a proposed amendment to limit military dominance. D e s p ite m a n y d iffic u ltie s a n d d is tu rb a n c e s e n c o u n te re d th e n a tio n a l c o n v e n tio n, it w a s u n w a v e r in g ly r e c o n v e n e d in 2 0 0 4 in a c c o r d w ith th e s e v e n s te p r o a d m a p. Constitution of the republic of the union of myanmar 2008. Burmas 2008 constitution in translation new mandala. I shall, however, limit myself in this paper within the constitutional framework of the form of state that is, how the union is structured and how much power and status is given to member states of the union. I am aware that a number of readers are keen to examine this document. The book identifies and articulates the principles of the constitution through an indepth analysis of legal and political processes and practises, particularly since the 1990s. A constitutional referendum was held in myanmar on 10 may 2008 24 may 2008 in some townships according to an announcement by the state peace and development council in february 2008.
Download myanmars constitution of 2008 book pdf free download link or read online here in pdf. Law and constitution constitutional and parliamentary processes national constitutions, draft constitutions, amendments and announcements texts constitution of the republic of the union of myanmar 2008. A bird in the hand the federal pattern of myanmars. Military backed government constitution, 2008 englishburmese version 2. In the final version the star is centered and enlarged so that it reaches into the. Pyidaungsu hluttaw speaker voting on amendments to the 2008 constitution. This paper will address to what extent the 2008 constitution satisfies the aspirations of various the ethnic nationalities in burma.
Government of burma act, 1935 constitution of 1943 under japanese occupation the panglong agreement 1947 constitution of 1947 constitution of 1974 constitution of 2008 who are we. The flag enshrined in the final document is the yellow, green, and red flag reported earlier, but the star is not positioned in the upper, green stripe, as suggested before. This timely and accessible book is the first to provide a thorough analysis of the 2008 constitution of myanmar burma in its historical, political and social context. Report of the joint committee to amend the republic of the union of myanmar constitution 2008. This right includes the freedom to have or adopt a religion, the freedom to change ones religion without being. Constitution 2008 this is the 2008 constitution of myanmar. The 2008 constitution breaches myanmarburmas binding.
Myanmar constitution of the republic of the union of myanmar ilo. Article 433, 434, 435 and 436 in chapter xii, amendment of constitution are harder to be made amendments. According to the military government, the new constitution of myanmar will ensure the creation of a disciplineflourishing democracy. Pyidaungsu hluttaw rejects amendments to 14 provisions of. Myanmar constitution of the republic of the union of. Myanmars constitution of 2008 pdf book manual free download. The constitution of the union of burma, 24 september 1947. It goes without sayingbut i greatly appreciate the assistance of those who provided it. The president has exercised his wide powers to declare a state of emergency twice since the constitution came into effect in 2011. The ministries of home, border affairs and defense have to be headed by a. National and state constitutions, draft constitutions and.
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. Act online online burmamyanmar library, asian studies www virtual library pdf doc. 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. No easy answers on myanmars constitutional challenges the. Summary and recommendations recommendations to concerned governments methodology ii. Detailed basic principles for formulating a constitution, it successfully concluded on 3 rd september 2007.