2008 Constitution of Myanmar

Last updated

Constitution of the Republic of the
Union of Myanmar
(2008)
Created9 April 2008
Ratified 29 May 2008
Date effective 31 January 2011
PurposeTo replace the 1974 Constitution of the Socialist Republic of the Union of Burma

The Constitution of the Republic of the Union of Myanmar (2008) is the third Constitution of Myanmar after 1947 and 1974 constitutions which lost force after military coups. 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. One of the seven steps include recalling the National Convention for the drafting of new constitution. The National Convention was adjourned on 31 March 1996 by State Law and Order Restoration Council government. [1]

Contents

The convention began on 17 May 2004 and was attended by 1076 of invited delegates and representatives from 25 ethnic ceasefire groups. After several sessions, the convention concluded with the adoption of fundamental principles for a 54-member constitution drafting commission, which was later formed by the SPDC. On 19 February 2008, the SPDC announced that the commission had finalised the drafted constitution and planned to hold a referendum in May 2008. [2]

On 10 May 2008 (24 May 2008 in some townships), the 2008 constitutional referendum was held in Myanmar, and the SPDC announced 93.82% of the voters voted for the constitution. However, there has been widespread criticism of the process as the Cyclone Nargis hit Myanmar a few days before the referendum and questions about whether the overall process was free and fair. [3]

The 2008 Constitution came into force on 31 January 2011. [4]

The Tatmadaw (Myanmar Armed Forces) retained significant control of the government under the 2008 constitution. 25% of seats in the Parliament of Myanmar were reserved for serving military officers. The ministries of home, border affairs and defense had to be headed by a serving military officer. [5] [6] The military also appoints one of the country's two vice presidents. [7] Hence, the country's civilian leaders have little influence over the security establishment. [8] [9]

See also

Related Research Articles

<span class="mw-page-title-main">Politics of Myanmar</span> Political system of Myanmar

Myanmar operates de jure as a unitary assembly-independent presidential republic under its 2008 constitution. On 1 February 2021, Myanmar's military took over the government in a coup, causing ongoing anti-coup protests.

<span class="mw-page-title-main">National League for Democracy</span> Political party in Myanmar

The National League for Democracy is a deregistered liberal democratic political party in Myanmar (Burma). It became the country's ruling party after a landslide victory in the 2015 general election but was overthrown in a military coup d'état in February 2021 following another landslide election victory in 2020.

<span class="mw-page-title-main">Elections in Myanmar</span> Political elections for public offices in Myanmar

Myanmar is a unitary republic, with elected representatives at the national state or region levels. On the national level, the president who is the head of state and legislature, is elected indirectly through an Electoral College. According to the 2008 constitution, the term durations of the President, and Cabinet are five years. All elections are regulated by the Union Election Commission.

<span class="mw-page-title-main">State Peace and Development Council</span> 1988–2011 military government of Myanmar

The State Peace and Development Council was the official name of the military government of Burma (Myanmar) which, in 1997, succeeded the State Law and Order Restoration Council that had seized power under the rule of Saw Maung in 1988. On 30 March 2011, Senior General and Council Chairman Than Shwe signed a decree that officially dissolved the council.

<span class="mw-page-title-main">National Coalition Government of the Union of Burma</span> Government in exile which existed from 1990 to 2012

The National Coalition Government of the Union of Burma was an administration which claimed to be the government in exile of Burma (Myanmar). It had its headquarters in Rockville, Maryland, United States. It was formally established in December 1990, with Sein Win as its first prime minister. It was dissolved in September 2012.

<span class="mw-page-title-main">State Seal of Myanmar</span> National seal of Myanmar

The State Seal of the Republic of the Union of Myanmar is the national emblem used in all official government documents, including publications. As the seal is an official symbol, there are State Seal Law and Principles regarding appropriate usage of it.

<span class="mw-page-title-main">1990 Myanmar general election</span>

General elections were held in Myanmar on 27 May 1990, the first multi-party elections since 1960, after which the country had been ruled by a military dictatorship. The elections were for a parliament-sized constitutional committee to draft a new constitution.

<span class="mw-page-title-main">President of Myanmar</span> Head of state of Myanmar

The president of the Republic of the Union of Myanmar is the head of state and constitutional head of government of Myanmar. The president chairs the National Defence and Security Council and normally leads the Cabinet of Myanmar, the executive branch of the Burmese government, though the military prime minister leads the cabinet under the current state of emergency. The current president is Myint Swe, who assumed the presidency through a military coup d'état on 1 February 2021. Though a constitutionally powerful position, the presidency is a largely symbolic post under the current military government, with Myint Swe appearing only to rubber-stamp military rule.

<span class="mw-page-title-main">2010 Myanmar general election</span>

General elections were held in Myanmar on 7 November 2010, in accordance with the new constitution, which was approved in a referendum held in May 2008. The election date was announced by the State Peace and Development Council (SPDC) on 13 August.

<span class="mw-page-title-main">2008 Myanmar constitutional referendum</span>

A constitutional referendum was held in Myanmar on 10 May 2008 according to an announcement by the State Peace and Development Council in February 2008. According to the military government, the new Constitution of Myanmar will ensure the creation of a "discipline-flourishing democracy". Multi-party elections followed in 2010.

<span class="mw-page-title-main">Constitution of Myanmar</span> Supreme legal document of the Republic of the Union of Myanmar

The Constitution of the Republic of the Union of Myanmar is the supreme law of Myanmar. Myanmar's first constitution adopted by constituent assembly was enacted for the Union of Burma in 1947. After the 1962 Burmese coup d'état, a second constitution was enacted in 1974. The country has been ruled by military juntas for most of its history.

<span class="mw-page-title-main">Vice-President of Myanmar</span> Deputy head of state of Myanmar

The vice-presidents of Myanmar are the second highest-ranking posts in the government of the Republic of the Union of Myanmar. The offices were established by the 2008 Myanmar constitution and rank directly below the president. The offices came into effect on 30 March 2011, when the new government assumed de jure power and essentially function in the same manner as any other deputy head of state. There are two vice-presidential posts in the government, but no distinction is officially made between them. It can be assumed that the posts follow the order of seniority, much like the ones practised by the Vice Premier of the People's Republic of China.

<span class="mw-page-title-main">2011–2015 Myanmar political reforms</span> Liberal reforms by the military-backed government

The 2011–2015 Myanmar political reforms were a series of political, economic and administrative reforms in Myanmar undertaken by the military-backed government. These reforms include the release of pro-democracy leader Aung San Suu Kyi from house arrest and subsequent dialogues with her, establishment of the National Human Rights Commission, general amnesties of more than 200 political prisoners, institution of new labour laws that allow labour unions and strikes, relaxation of press censorship, and regulations of currency practices. As a consequence of the reforms, ASEAN has approved Myanmar's bid for the chairmanship in 2014. United States Secretary of State Hillary Clinton visited Myanmar on 1 December 2011, to encourage further progress; it was the first visit by a Secretary of State in more than fifty years. United States President Barack Obama visited one year later, becoming the first US president to visit the country.

<span class="mw-page-title-main">Ministry of Information (Myanmar)</span> Government ministry of Myanmar

The Ministry of Information in Myanmar officially informs the public about government policy plans and implementation and supports improvements to knowledge and education of the public. Since the 2021 Myanmar coup d'état it has been described as responsible for the dissemination of propaganda through state-owned media.

<span class="mw-page-title-main">2015 Myanmar general election</span> Elections held in Myanmar on 8 November 2015

General elections were held in Myanmar on 8 November 2015, with the National League for Democracy winning a supermajority of seats in the combined national parliament. Voting occurred in all constituencies, excluding seats appointed by the military, to select Members of Assembly to seats in both the upper house and the lower house of the Assembly of the Union, and State and Region Hluttaws. Ethnic Affairs Ministers were also elected by their designated electorates on the same day, although only select ethnic minorities in particular states and regions were entitled to vote for them.

<span class="mw-page-title-main">Constitutional Tribunal of Myanmar</span> Court in Myanmar

The Constitutional Tribunal of the Union is the constitutional court of Myanmar under the 2008 Constitution. There is one chairperson and eight members on the Tribunal, who serve five year terms. Members of the tribunal are constitutionally elected proportionally by the President, Pyithu Hluttaw, and Amyotha Hluttaw. However, under the current military government, members are appointed unilaterally by the junta, the State Administration Council. The members of the Constitutional Tribunal are all required to be legal experts. Its headquarters is located in Office No. 54, Ottarathiri Township, Nay Pyi Taw City, Myanmar.

<span class="mw-page-title-main">2015 Myanmar constitutional referendum</span>

A constitutional referendum was scheduled to be held in Myanmar (Burma) in May 2015. If approved, the proposed reforms would have come into effect after the general elections in November. After most of the proposed amendments to the constitution were discarded, the referendum was postponed.

<span class="mw-page-title-main">Myanmar peace process</span> Attempts to end the internal ethnic armed conflict

The Myanmar peace process refers to the nation led discussions aimed at relieving the internal armed conflict that has been simmering in Myanmar since before it gained independence from Britain in 1948. Many of the events that have taken place can be attributed to tensions surrounding the treatment of the numerous different ethnic minorities. This conflict involves both the Myanmar government and military, and the 16 armed ethnic minorities in Myanmar. In recent years tension between the Myanmar government and the military has been increasing, with the military still holding position as the most powerful political force in Myanmar.

<span class="mw-page-title-main">2020 Myanmar general election</span>

General elections were held in Myanmar on 8 November 2020. Voting occurred in all constituencies, excluding seats appointed by or reserved for the military, to elect members to both the upper house — the Amyotha Hluttaw and the lower house — the Pyithu Hluttaw of the Assembly of the Union, as well as State and Regional Hluttaws (legislatures). Ethnic Affairs Ministers were also elected by their designated electorates on the same day, although only select ethnic minorities in particular states and regions were entitled to vote for them. A total of 1,171 national, state, and regional seats were contested in the election, with polling having taken place in all townships, including areas considered conflict zones and self-administered regions.

<span class="mw-page-title-main">National Convention (Myanmar)</span> 1993–2008 constitutional body in Myanmar

The National Convention was a constituent assembly formed by the State Law and Order Restoration Council of Myanmar, with the stated goal of establishing a new constitution for the country. Dominated by representatives of the SLORC, the National Convention was boycotted by members of the National League for Democracy and other members, who represented both elected members of parliament and ethnic minorities.

References

  1. "The National Convention". Archived from the original on 27 September 2016.
  2. "Chronology of Burma's constitutional Process" (PDF).
  3. "A Preliminary Report on the referendum of May 10,2008" (PDF).
  4. "၂၀၀၈ ဖွဲ့စည်းပုံအခြေခံဥပဒေ" [2008 Constitution]. Constitutional Tribunal of the Union of Myanmar (in Burmese). March 2018. ဖွဲ့စည်းပုံအခြေခံဥပဒေပြဋ္ဌာန်းချက်များနှင့်အညီ ၂၀၀၈ ဖွဲ့စည်းပုံအခြေခံဥပဒေသည် ပထမအကြိမ် ပြည်ထောင်စုလွှတ်တော်စတင်ကျင်းပသည့် ၃၁-၁-၂၀၁၁ ရက်နေ့တွင် စတင်အာဏာတည်ခဲ့သည်။
  5. "Why is army still in Myanmar parliament?". BBC News.
  6. "Can Aung San Suu Kyi control Myanmar's military?".
  7. "Managing the defence and security council". 28 March 2016. Archived from the original on 13 September 2017. Retrieved 13 September 2017.
  8. "Why is army still in Myanmar parliament?". BBC News.
  9. "Can Aung San Suu Kyi control Myanmar's military?".