2008 Constitution vs Genuine Federal Union: Amendment, a must task

2008 Constitution vs Genuine Federal Union: Amendment, a must task
by -
S.H.A.N

Trust-building for Peace conference is due to be held on March 20 in Lashio, the second capital of Shan State. In order to have an idea about the conference, its objectives and main tasks of focus, S.H.A.N has reached out to Maj Zaw Lwin, the first secretary of the Kayan New Land Party (KNLP), the representative and a leading organizer of the Shan-Kayah Trust-building for Peace conference.

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A: There are registered political parties, and ceasefire groups including Kayan New Land Party, a total of 8 organizations will attend the conference. The purpose of attending the conference is that to seek a betterment for the prospective union state; and it is also to share and exchange our point of views and to listen to what other people say. And it is also to seek for a common interest and idea among the participants and representatives, in which later would be useful for not only Shan and Kayah but to all the ethnics negotiations. Based on that basic principle as a guideline we will step further to the future for peace.

Q: What I mean is that how far does the Kayan New Land Party (KNLP) represent and or to what level of the people in Kayah State?

A: In Karenni or Kayah State, there is one registered political party and 6 ceasefire groups. And the KNPP (Karenni National Progressive Party) is still negotiating with government. These 8 groups of organizations represent the Kayah State as a whole. Apart from them there are also Kayah Literature and Culture Association, and 2 women organizations will be participating as observers. In other words, I think that all of these organizations would represent the people of Kayah State as a whole.

Q: How far you are optimistic for a second Panglong conference in which multi-ethnics could participate in?

A: Objectively we want a real multi-party democratic political system; and a genuine federal union. Practically, to implement these two objectives, we must definitely make some necessary amendment to the 2008 constitution. But, when we come to the amendment, it looks it need to be changed completely; so, in other words, we may have to re-write a new constitution. To make the constitutional amendment, it should be done in the parliamentalial procedure; but the problem is –to my opinion, lesser possibility. That is why, we are looking for a second Panglong or whatever the name would be—that should be a multi-ethnic participations for the drafting of the new constitution. We are eagerly hoping to reach this point.

Q: You want a genuine federal union. Now, we have a new government; and some says that ‘2008 constitution’ has been drafted to fulfill the requirement for the federal system. Then, what is your comment about the government and current situation in Burma?

A: In fact, ‘2008 constitution’ is not only an obstacle for the building of multi-party democratic political system but also a blockage for a genuine federal system to exist. If you carefully analyze each and every single article in that 2008 constitution, there you find the law has granted much power to the military to control the country. For instance, Article 40; it says that with the decision of the military commander-in-chief alone, a coup can be staged.

Next, if we talk about ‘union’, State and Regional chief ministers are not elected by the people (as it should be) but directly appointed from the top level. Similarly, when we look at the legislative lists: state level and union level, there you find no actual power has been granted to the state and regional governments. To be brief, the multi-party democratic system which is allowed by the 2008 constitution is neither a genuine one nor a genuine union. It is a fake union state which is in fact merely a unitary state.

Q: Apart from our discussion so far, do you have something more to add your comments on the upcoming conference of Shan-Kayah Trust-building for Peace in Lashio?

A: For a permanent peace to prevail in Burma, it is definitely and necessary the 2008 Constitution should be amended.  All the ethnics and people of Burma are responsible for this task. For this task to be successful, we all multi-ethnic and the people of Burma should participate in drafting this new constitution with full heartedly. I would like to request and encourage all to do so.  

On January 29 a preliminary preparation for the Shan-Kayah Trust-building for Peace conference was held in Lashio. In the conference, Shan National League for Democracy (SNLD), United Wa State Party (UWSP), Inlay National Development Party (INDP), Danu Nationalities League for Democracy (DNLD), Kayan National Party (KNP), Shan State Kokang Democratic Party (SSKDP), Shan State Progress Party/Shan State Army (SSPP/SSA), Kayan New Land Party (KNLP), United Kokang Democratic Party (UKDP)were among the participants.