Burmas Constitutional Amendment: Federalism Under Unitary System?

Written by Sai Wansai

Monday, 12 November 2012 13:02
By Sai Wansai
Monday, 12 November 2012

All of a sudden, Federalism has become a catchword again for the resolution of ethnic conflict
in Burma, which has been suppressed by successive military regimes Revolutionary Council
(RC), Burma Socialist Programme Party BSPP), State Law an Order Restoration Council
(SLORC), and State Peace and Development Council (SPDC)- , since March 1962 military
coup.

The BBC reported on 08 November that Speaker of the Pyithu Hluttaw, the lower house of the
Parliament, U Shwe Mann has given the duty to two ethnic politicians, Nang Wah Nu and U Ti
Khun Myat, to look into the possibility of incorporating federal principles into the present 2008
Constitution, most likely without having to completely change the recent presidential unitary
political set up.

Also, a few weeks back, Presidents Office Minister U Aung Min, on 31 October 2012, said: If
one consults the Oxford dictionary, one invariably finds that federalism is division of powers
between the Union and the states, it is not secession. People used to think federalism meant
secession. But now they are even discussing it in the Parliament. A rather strange, long
overdue, discovery, after five decades of denial and bad-mouthing that federalism equals
secession

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Burmas Constitutional Amendment: Federalism Under Unitary System?
Written by Sai Wansai
Monday, 12 November 2012 13:02
For about a month ago, an alliance of 10 political parties, including five ethnic parties - All Mon
Regions Democracy Party; National Democratic Front; Rakhine Nationalities Development
Party; Shan Nationalities Development Party; Chin National Party; Democracy and Peace Party;
Democratic Party (Myanmar); Phalon Sawaw Democratic Party; Union Democracy Party; and
the Peace and Unity Party reportedly said it would submit the federalism issue to President
Thein Sein, and also raise the issue for debate in both houses of parliament.

According to the alliance of 10 political parties, all 7 states and 7 divisions or regions in Burma
should be awarded equal rights and administration, under the federal union set up.

Federalism as an ethnic conflict resolution has been pushed aside, shunned, looked upon as
something horrible and divisive by the successive military regimes, from the military coup in
1962 up to the present military-backed, quasi-civilian Thein Sein government. As such, it is to
be welcomed that at long last, the term federalism once again becomes Salonfaehig, which
in German means presentable, having a pleasant appearance, attractive; fit to be seen, and
suitable for viewing.

In fact, the decades long struggle for the rights to self-determination cannot be separated from
the Federal Proposal or movement of the non-Burman ethnic nationalities that has begun
since 1962.

This proposal by the non-Burman ethnic groups, which was the last political effort to ward off
the growing discontent of inequitable decision-making power, due to the flawed 1947 Union
Constitution that was federal in theory but unitary in practice, was brutally crushed by General
Ne Win in 1962, in the name of preserving national unity. Since then, 50 years has passed, but
the ethnic rights to self-determination struggle still goes on to these days.

In between 1968 and 1969, General Ne Win, then the Chairman of the Revolutionary Council,
established a 33 man 'Internal Unity Advisory Board' (IUAB; known more informally as 'the
thirty-three') of former politicians some of whom he had jailed (or put in protective custody)
several years earlier. The Board was assigned with the task of advising the RC for possible
suggestions to enhance internal unity and to make suggestions for possible political changes.

General Ne Win, who was at the helm of the two Burmese military regimes RC & BSPP
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Burmas Constitutional Amendment: Federalism Under Unitary System?
Written by Sai Wansai
Monday, 12 November 2012 13:02
from 1962 to 1988, only once appeared to change course from his totalitarian rule. According to
Martin Smith, in his book Burma: Insurgencies and Politics of Ethnicity writes:

In an unexpected move in 1968, he (Ne Win) set up the short-lived Internal Advisory Body.
Consisting of U Nu and 32 other political and ethnic leaders from the 1950s who had just been
released from goal, their brief was to put forward to the RC their own suggestions for
constitutional reform in the cause of national unity. Their recommendations, however, which
largely reiterated the call for a return to federalism and the 1947 Constitution, were all
summarily rejected.

The 1974 BSPP Constitution and as well, the present, military drawn, 2008 Constitution are also
all unitary system. The 1974 is one party unitary, whereas the 2008 is a presidential unitary,
with no regards for accommodation of ethnic self-determination. The 2008 Constitution, at least,
try to include some power-sharing administrative structure, but the fact remains that it is rigidly
centralised and the states and regions have in practice no residual power whatsoever.

It is a known fact that the drafting of 2008 Constitution, constitutional referendum and 2010
general elections are deeply flawed and manipulated, on which basis the present quasi-civilian
Thein Sein government is formed.

Seen from this perspective, the recent instruction of house speaker U Shwe Mann to look into
the issue of federal principles with the view of incorporating it into the 2008 Constitution is
hardly appropriate and acceptable, viewing it from the point of having a rightful and legitimate
mandate to do so.

During the National Convention, headed by the SPDC military regime, ethnic armed groups and
as well, ethnic political parties have time and again tabled the principles of federal structure to
be incorporated in the then to be drawn constitution to no avail. The non-Burman ethnic
nationalities proposal for federalism to be the form of government was conveniently sidelined,
ignored and aggressively rejected by the framer of the constitution, the SPDC.

Some proposals, which are in line with the aspirations of the ethnic groups during the
constitutional drafting process documented by Human Rights Watch are as follows:-
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Burmas Constitutional Amendment: Federalism Under Unitary System?
Written by Sai Wansai
Monday, 12 November 2012 13:02

July 7, 2004:
Thirteen of 17 ethnic ceasefire groups issue a joint proposal for devolving authority to future
state assemblies and for those assemblies to maintain armed militias. The nine points submitted
to the NCCC were:

1. To include a list of concurrent legislative powers for the states;
2. To give residual powers to the states;
3. To add a separate section on ethnic affairs in the union legislative list;
4. To include a defense and security planning section in each states legislature;
5. To include a literature/language section in each states legislature;
6. To include a section for ethnic minority tradition in each states legislature;
7. To let the states draft their own constitutions;
8. To let the states make specific foreign policies in dealing with neighboring countries
regarding various issues such as issuing border passes and bordertrade;
9. To let the states collect local taxes and finance.

Mid-July 2007:

The Kachin Independence Organization, one of the largest ethnic ceasefire groups, which
signed a peace accord with the government in 1994, releases a 19-point list of demands to the
SPDC calling for significant reforms to the constitutional process, including, point one:

As currently intended, the Union will be composed of constituent states; we believe that
specifying these additional goals clearly and concretely will be necessary. One, that the
constituent state union system of state be technically and genuinely a system of federation of
states, and two, that this system of state organization be fully transparent in its implementation.
We are mindful of the fact that, whereas, the Constitution of 1947 specified a Union that is a
federation of states, what actually transpired was a system where all political power was
centralized, as in a unitary system, instead of a federation, and one constituent state alone held
that power. Therefore, to effectively preclude a recurrence of this fate, and the calamitous
results, we urge in the strongest sense possible, that a specific constitutional mandate be
included for a federal system of union and for its judicious implementation.

The Shan Nationalities League for Democracy (SNLD), together with the United Nationalities
Alliance (UNA) had time and again also pressed for federal union setup, democracy and
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Burmas Constitutional Amendment: Federalism Under Unitary System?
Written by Sai Wansai
Monday, 12 November 2012 13:02
equality during the drafting of 2008 Constitution, only to be met with rejection and silence from
the SPDC held National Convention.

The 2008 Constitution was drafted over a period of 14 years and 11 months from January 1993
to December 2007 by a National Convention constituted by the SPDC. The Constitution was
adopted by a controversial referendum (with 92% in favor) in May 2008 when the country was
ravaged by a Cyclone codenamed Nargis. For this reason some opposition groups have
dubbed it the Nargis Constitution.

And as such, it is quite clear that the recent military-backed, quasi-civilian regime is a carefully
planned sequence of the military top brass to become a de facto government from de jure
status. Because during the phase of 2008 constitutional drafting process, the SPDC regime had
used all means to block the ethnic rights of self-determination and pushed through its military
desired unitary system, the recent government demanding recognition and also authority to lead
the federal reform process is neither appropriate, logical nor legal, in any given situation. To put
it differently, in order to address or work out an acceptable frame work of a genuine federal
union, a level political playing field is a necessity, which in effect means should be a neutral
ground, outside the regimes Union Solidarity Development Party (USDP) dominated
parliament.
Having said that, the ethnic proposal of thrashing out the power-sharing process should be
done outside the parliament, as stated by the United Nationalities Federal Council (UNFC),
SNLD and the UNA. And only after this should the constitutional amendment or rewriting it
should follow.

To come back to the deliberation of U Shwe Mann to incorporate the federal principle into the
present unitary system, one could hardly imagine on how it is going to work, given that the two
political systems are poles apart and even directly contrast with one another.

In a unitary government, all powers are concentrated in one central authority, while in a federal
government powers are distributed between the central and state governments.

Meanwhile, the SNLD is planning a meeting the end of November to find peaceful solutions to
the conflict, with the blessing of President Thein Sein. Accordingly, Shan military figures,
politicians and civil society organisations are to meet, discuss and sound out the base on how to
go about with the forthcoming, nation-wide, political bargaining process.
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Burmas Constitutional Amendment: Federalism Under Unitary System?
Written by Sai Wansai
Monday, 12 November 2012 13:02

The contributor is the General Secretary of Shan Democratic Union (SDU) - Editor
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