Myanmar is an Asian country located on the shores of the Bay of Bengal and Andaman sea, sharing a border with Bangladesh, India, China, Laos and Thailand. The population of this country is approx 5,75,26,449 with 2,61,227 square kilometers area. The official language of Myanmar is Burmese. Besides Chin, Kachin, Karen, Kayah, Mon, Rakhine, Shan languages are locally spoken. Ethnically 68% are Bamar, 9% are Shan, 7% are Karen, 4% are Rakhine, 3% are Chinese, 2% are Indians, 2% are Mon, 5% are others. 87% follow Buddhism, 6% follow Christianity, 4% follow Islam and 3% follow other religions.
No one can be detained for more than 24 hours without the permission of the court. However, it has not been said whether he or she or zee can be detained even if there is no charge. The state is the ultimate owner of all land and all natural resources. The President and the Vice-President shall submit an account of their family wealth to the Head of the Parliament. Even if any seat of Parliament is vacant, its proceedings shall be considered valid. The State shall not discriminate against any citizen on the basis of birth, religion, status, culture, gender etc. Abuse of religion for political purposes is prohibited. Further, any act intended or likely to incite feelings of hatred, enmity or discord between religious communities is contrary to this Constitution.
These are positive aspects. Now let's discuss the negative aspects.
Military forces will look after their own affairs independently. That means, they have no responsibility towards the elected political persons, towards the people, towards democracy. According to Myanmar's constitution, "The Defence Services is mainly responsible for safeguarding the Constitution." - that means, not the people. Weird!
The President is elected through an Electoral College. In this case too, the military will have a role.
Parliament has two chambers. Of the 440 members of the First Chamber, 110 are nominated by the Commander-in-Chief of the military. Of the 224 members of the second chamber, 56 are nominated by the Commander-in-Chief of the military.
Buddhism is the state religion. Religious personalities do not have the right to vote.
Admirable Articles of Myanmar's Constitution
3. The State is where multi-National races collectively reside.
29. The Union shall provide inputs, such as technology, investments, machinery, raw materials, so forth, to the extent possible for changeover from manual to mechanized agriculture.
30. The Union shall provide inputs, such as technology, investments, machinery, raw materials, so forth, to the extent possible, for development of industries.
43. No Penal law shall be enacted to provide retrospective effect.
45. The Union shall protect and conserve natural environment.
68. The President and the Vice-Presidents shall furnish a list of family assets under his direction, namely land, houses, buildings, businesses, savings and other valuables together with their values to the Head of the Pyidaungsu Hluttaw.
88. Although there are vacant seats, the Pyidaungsu Hluttaw shall have the right to carry out its functions. Moreover, the resolutions and proceedings of the Pyidaungsu Hluttaw shall not be annulled, notwithstanding the acts of some person who was not entitled to do so sat or voted or took part in the proceedings are later discovered.
347. The Union shall guarantee any person to enjoy equal rights before the law and shall equally provide legal protection.
348. The Union shall not discriminate any citizen of the Republic of the Union of Myanmar, based on race, birth, religion, official position, status, culture, sex and wealth.
358. The Union prohibits the enslaving and trafficking in persons.
364. The abuse of religion for political purposes is forbidden. Moreover, any act which is intended or is likely to promote feelings of hatred, enmity or discord between racial or religious communities or sects is contrary to this Constitution. A law may be promulgated to punish such activity.
371. The Union may assist the access to technology, investment, machinery, raw material, so forth, for national economic development.
372. The Union guarantees the right to ownership, the use of property and the right to private invention and patent in the conducting of business if it is not contrary to the provisions of this Constitution and the existing laws.
373. Any person who committed a crime, shall be convicted only in accord with the relevant law then in operation. Moreover, he shall not be penalized to a penalty greater than that is applicable under that law.
Facts of Myanmar's Constitution
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A. The Defence Services is the sole patriotic defence force which is strong, competent and modern.
B. The Defence Services has the right to independently administer and adjudicate all affairs of the armed forces.
C. The Commander-in-Chief of the Defence Services is the Supreme Commander of all armed forces.
D. The Defence Services has the right to administer for participation of the entire people in Union security and defence.
E. The Defence Services is mainly responsible for safeguarding the non-disintegration of the Union, the non-disintegration of National solidarity and the perpetuation of sovereignty.
F. The Defence Services is mainly responsible for safeguarding the Constitution.
22. The Union shall assist:
A. to develop language, literature, fine arts and culture of the National races;
B. to promote solidarity, mutual amity and respect and mutual assistance among the National races;
C. to promote socio-economic development including education, health, economy, transport and communication, so forth, of less-developed National races.
32. The Union shall:
A. care for mothers and children, orphans, fallen Defence Services personnel's children, the aged and the disabled;
B. ensure disabled ex-Defence Services personnel a decent living and free vocational training.
33. The Union shall strive for youth to have strong and dynamic patriotic spirit, the correct way of thinking and to develop the five noble strengths.
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A. If there arises a state of emergency characterized by inability to perform executive functions in accord with the provisions of the Constitution in a Region or a State or a Self-Administered Area, the President is empowered to exercise executive power in that Region, State or Self-Administered Area and, if necessary in doing so, the President is empowered to exercise legislative powers concerning that Region, State or Self-Administered Area in accord with the provisions of this Constitution.
B. If there arises or there is sufficient reason to arise a state of emergency endangering life and property of the people in a Region, State or Self-Administered Area, the Defence Services has the right, in accord with the provisions of this Constitution, to prevent that danger and provide protection.
C. If there arises a state of emergency that could cause disintegration of the Union, disintegration of national solidarity and loss of sovereign power or attempts therefore by wrongful forcible means such as insurgency or violence, the Commander-in-Chief of the Defence Services has the right to take over and exercise State sovereign power in accord with the provisions of this Constitution.
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A. The President shall be elected by the Presidential Electoral College.
B. The Presidential Electoral College shall be formed with three groups of the Pyidaungsu Hluttaw representatives as follows:
a. group formed with elected Hluttaw representatives in the Hluttaw with an equal number of representatives elected from Regions and States;
b. group formed with elected Hluttaw representatives in the Hluttaw elected on the basis of township and population;
c. group formed with the Defence Services personnel Hluttaw representatives nominated by the Commander-in-Chief of the Defence Services for the said two Hluttaws.
C. Each group shall elect a Vice-President from among the Hluttaw representatives or from among persons who are not Hluttaw representatives.
D. The Pyidaungsu Hluttaw and a Body comprising the Heads and Deputy Heads of the two Hluttaws in the Pyidaungsu Hluttaw shall scrutinize whether or not the Vice-Presidents possess the qualifications prescribed for the President.
E. The Presidential Electoral College comprising all the Pyidaungsu Hluttaw representatives shall elect by vote one of the three Vice-Presidents who are Presidential candidates, as the President.
F. Necessary law shall be enacted for the election of President and Vice-Presidents.
74. The Pyidaungsu Hluttaw comprises of the following two Hluttaws:
A. in accord with the provisions of Section 109, the Pyithu Hluttaw formed with Hluttaw representatives elected on the basis of township as well as population and Hluttaw representatives being the Defence Services Personnel nominated by the Commander-in-Chief of the Defence Services;
B. in accord with the provisions of Section 141, the Amyotha Hluttaw formed with Hluttaw representatives elected in equal numbers from Regions and States and Hluttaw representatives being the Defence Services Personnel nominated by the Commander-in-Chief of the Defence Services.
79. The Speaker of the Pyidaungsu Hluttaw shall convene the Pyidaungsu Hluttaw regular session at least once a year. The maximum interval between the two regular sessions shall not exceed twelve months.
109. The Pyithu Hluttaw shall be formed with a maximum of 440 Hluttaw representatives as follows:
● not more than 330 Pyithu Hluttaw representatives elected prescribing electorate in accord with law on the basis of township as well as population or combining with an appropriate township which is contagious to the newly-formed township if it is more than 330 townships;
● not more than 110 Pyithu Hluttaw representatives who are the Defence Services personnel nominated by the Commander-in-Chief of the Defence Services in accord with the law.
141. The Amyotha Hluttaw shall be formed with a maximum of 224 Hluttaw representatives as follows:
A. 168 Amyotha Hluttaw representatives elected in an equal number of 12 representatives from each Region or State inclusive of relevant Union territories and including one representative from each Self-Administered Division or Self-Administered Zone;
B. 56 Amyotha Hluttaw representatives who are the Defence Services personnel nominated by the Commander-in-Chief of the Defence Services in accord with the law, four representatives from each Region or State inclusive of relevant Union territories;
C. in forming the Amyotha Hluttaw as mentioned in Sub-Sections (a) and (b), the relevant Union Territory means the Union Territories, prescribed under the Constitution, or prescribed by law of the Pyidaungsu Hluttaw, which are inclusive in State or Division, Region or State for the purpose of electing the Amyotha Hluttaw representative.
361. The Union recognizes special position of Buddhism as the faith professed by the great majority of the citizens of the Union.
362. The Union also recognizes Christianity, Islam, Hinduism and Animism as the religions existing in the Union at the day of the coming into operation of this Constitution.
392. The following persons shall have no right to vote:
A. members of religious orders;
B. persons serving prison terms;
C. persons determined to be of unsound mind and stands so declared by a competent Court;
D. persons who have not yet been declared free from insolvent;
E. persons disqualified by election law.
413. According to Section 412, concerning the declaration of a state of emergency:
● the local administrative bodies and their members and the Civil Services organizations and their members may obtain the assistance of the Defence Services to effectively carry out their duties in accord with the existing laws in order to quickly restore to its original situation in an area where the declaration of a state of emergency has been in operation;
● the President may, if necessary, declare a military administrative order. In the said order, the executive powers and duties and the judicial powers and duties concerning community peace and tranquillity and prevalence of law and order shall be conferred on the Commander-in-Chief of the Defence Services. The Commander-in-Chief of the Defence Services may exercise the said powers and duties himself or empower on any suitable military authority to exercise thereof.
414. The President, in promulgating an ordinance and declaring a state of emergency:
● shall specify in the said ordinance the areas and the duration that the state of emergency is in operation;
● may, if necessary, restrict or suspend as
required, one or more fundamental rights of the citizens residing in the
areas where the state of emergency is in operation.
