Panglong spirit and the right to secession frontier myanmar. The constitution of japan we, the japanese people, acting through our duly elected representatives in the. Yet, by any standards, the myanmar state has been unitary. For myanmar, the historic evolution of state formation affects the outcome of the federalunitary division. Chronology of burmas constitutional process human rights watch.
Aung san february 12, 1947 on 12 february 1947, the union of burma was founded at panglong by four former british colonies, namely the chin, kachin, federated shan states and burma proper, all of which already had their own constitutions. Under the 1947 constitution, in place when burma applied for united. The union of burma constituent assembly of burma rangoon, supdt, govt. Constitution of the union of burma wikisource, the free. The republic of the union of myanmar formerly burma is located in southeast asia and shares borders with bangladesh, india, china, laos, and thailand. The panglong agreement and the draft constitution of 1947 provided basic federal principles for state integration, but the military coup in 1962 brought about the fall of federalism and the rise of centralism in the state governing structure. The constitutional implications of myanmars peace process. The 1947 constitution granted states the right to selfdetermination, and most importantly, in chapter 10, also granted them the right to secede, but not until 10 years after the charter took effect. Myanmar s first constitution as an independent country was written in 1947 when the british government and the interim government of general aung sung reached an agreement on full independence from britain. Seminar on the constitutional court of italy myanmar constitutional tribunal office. The new charter further strengthened the office of the governor and reorganized and unified the. Constitution amendment procedure citizenship conditions for revoking citizenship citizenship requirements for birthright citizenship citizenship requirements for naturalization language official or national languages language protection of. The constitution of the union of burma 1947 cep jyifqicsursm. An introduction to the law and judicial system of myanmar.
After attaining independence, parliamentary democracy system was practised in the state in accord with the constitution of the union of myanmar. Online burma myanmar library classified and annotated links to more than 50,000. In mldb, myanmar laws which are categorized according to year of issue and area of laws are available. Mlmb covers every law included in burma code, in addition to every myanmar law enacted since 1948 when myanmar became independent. In its final form, the 1947 constitution recognised special arrangements for certain ethnic groups. 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. The broader administrative justice system in myanmar is in. By aman ullah if burma receives one kyat, you will also receive one kyat. Constitution of the socialist republic of the union of myanmar was drafted based on the single party system, and. In contrast to the original agreement, according to which aung san and chin, kachin and shan leaders intended to establish a separate state constitution for each and every state, u chan htuns version of the union.
Myanmar companies law model constitution company constitution of insert company name company adopted on 20 note 1. More than 77 businessrelated laws and 149 regulations are translated in english. While burma is still under british colonial rule, the panglong agreement is signed by. When international observers and media outlets discuss myanmar s constitutional structure, they largely focus on the militarys role in national institutions. Citation and commencement of this law and definitions a this law shall be called the myanmar companies law. Constitutional tribunal of the union myanmarunion, myanmar presented by, u mya theinn,chairperson daw hla myo nwe,member u myo chit,member 1 8 th february 2014. 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. In 1947, the people of new jersey adopted what is widely held to be one of the best state constitutions in the country. At the back of the podium at center is emperor hirohito. Constitution drafted following independence from the united kingdom. The constitution of the republic of the union of myanmar is the supreme law of myanmar.
In the 1947 constitution, the supreme court decided upon constitutional disputes and interpreted the constitution subject to article 151. However, as democratic system could not be effectively materialized, the new constitution of the socialist republic of the union of. In 1962, a military coup abolished the constitution and established a military junta, which is a group of military officers who rule the country after seizing power 1. The constitution of the union of burma, 24 september 1947. 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. Ministry of foreign affairs website the constitution of. Background burmese immigrant and refugee health cdc. In the 1974 constitution, only the pyithu hluttaw house of representatives had. Myanmar was granted independence from britain in 1948, following the drafting of a constitution in 1947 1. The constitution of the union of burma, 24 september 1947 ilo.
Another serious flaw in the 1947 constitution was the absence of state constitutions for all the member states of the union. New jerseys current state constitution was drafted by a convention of delegates from each county, convened from 12 june to 10 september 1947. In order to gain independence speedily, the constitution was hastily drafted, and it was adopted by the constitutent assembly on 24 th september 1947. All powers, legislative, executive and judicial, in relation to the remaining territories of the union of burma shall, subject to the provisions. The union of burma shall comprise the whole of burma, including i all the territories that were heretofore governed by his. The new constitution provided for a bicameral legislature with a prime minister and cabinet. Members of the constitutional convention that drew up. 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.
One of the key roles of constitutions in democratic societies governed by the rule of law is to ensure that executive power is exercised only on the basis of and within the limits of the law, and to provide rights and effective accessible recourse. The constitution of the union of burma, 1947 the 1947. Kawthulay karen region was a provisional arrangement, in anticipation that a commission would consider the creation of a karen state. Burma is a sovereign independent republic to be known as the union of burma. Myanmar was established under the 1947 constitution after independence from the british government, section 151 1 of 1947 constitution stated. Important dates in myanmar s postindependence history 1826 1947 colonial period. The photo shows the first opening ceremony of the diet under the new constitution held on june 23, 1947. The intention of this paper is to provide an introduction to the law and legal system of the republic of the union of myanmar myanmar. This is consistent with the governments position that myanmar is a common law system, however, the legal system has been affected by the lengthy periods of socialism and then military rule. Burma gains independence from british rule and institutes the 1947 constitution.
The constitution of the union of burma 1948 orm of tate undamental ights enition of tate itizenship ights of quality ights of reedom ights relating to eligion ultural and ducation ights conomic ights ights in relation to riminal aw ights to onstitutional emedies. Persecution of the rohingya muslims fortify rights. Laos, conscious of the role conferred by its history, confident that its future must reside in the union of all the provinces of the country, through the voice of its elected representatives, solemnly proclaims its unity. The constitution of the union of burma, 1947 the 1947 constitution burmese. Laos constitution 19471949 bloomsbury professional. 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. Jesse hartery outlines some of the institutional barriers to federalism in myanmar. Save as otherwise expressly provided in this constitution or in the act of parliament made under section 199, every state shall have the right to secede from the union. Bebout joseph harrison this is essentially a success story.
Gdp in the rest of asia grew in multiples, myanmar stagnated, barely growing at all 2. It provides maximum flexibility in the management and administration of companies. This is a model form of constitution which has been prepared for private companies limited by shares. These provisions were included in the 1947 constitution to reflect the spirit of the panglong agreement. The 2008 constitution breaches myanmarburmas binding. Universal declaration of human rights preamble whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world, whereas disregard and contempt for human rights have resulted in barbarous. While the 2008 constitution the constitution does leave an important place for military officials in governing the southeast asian state at. Constitution which the afpfl published in may 1947 for consideration by. Part i commencement and definitions division 1 name, commencement and definitions 1. Act online online burma myanmar library, asian studies www virtual library pdf doc. Developed in cooperation with international idea comparing three versions of the myanmar burma constitution select a topic to highlight. Aung sans version of 1947 union constitution master. Myanmar companies law 2017, pyidaungsuhluttaw law no.
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