By Xinhua,
Yangon : The following are fundamental facts on the 194-page 15-chapter 2008 Republic of Union of Myanmar Constitution, drafted by a 54-member State Constitution Drafting Commission in accordance with the detailed basic principles laid down by the National Convention. The new constitution is the third in Myanmar history with the first drawn in 1947 and the second in 1974.
1. The future name of Myanmar is the Republic of Union of Myanmar. It designates that Nay Pyi Taw is the country’s capital and stands as a union region directly under President’s administration and the country’s inalienable administrative regions are demarcated as seven regions (previously known as divisions) and seven states of national races as well as five self-administered zones of ethnic minorities and one self-administered division of another minority.
2. The country adopts an executive system with the President as the head of state who is produced through parliamentary election. The President is also chief of national defense and security commission in which commander-in-chief of the defense services is a member.
3. The Pyidaungsu Hluttaw (Union Parliament) comprises Pyithu Hluttaw (House of Representatives) and Amyotha Hluttaw (House of Nationalities). The legislative power is shared by union parliament, region parliament and state parliament.
4. Politically, it pursues a multi-party system.
5. The military will participate in the leading role in the country’s national politics. The military holds 25 percent of parliament representatives and military representatives are non-elected but nominated by the armed forces’ commander-in-chief. The administrative posts of defense, security and border affairs are to be held by the military. The defense services commander-in-chief represents the supreme commander of all armed forces and is legitimized to take over and exercise all state power in case a state of emergency arises that could cause disintegration of the union, disintegration of national solidarity and loss of national sovereignty.
6. Economically, it adopts a market-oriented economic system, allowing the private sector to participate in the economic undertakings of state, regional, cooperative and joint venture organizations for national economic development. The draft constitution guarantees no nationalization of private economic enterprises and demonetization of legal bank notes.
7. In foreign relations, Myanmar practices an independent, active and non-aligned foreign policy and maintain friendly relations with foreign nations, upholding the principles of peaceful coexistence among nations. It does not allow foreign troops to be deployed in the country.
8. With regard to judicial affairs, it designate free jurisdiction according to law except cases restricted by law. Detention of a citizen for over 24 hours without trial by the court shall not be allowed.
9. It also stipulates that the constitution text cannot be amended without the consent of more than 75 percent from the parliament and more than half of the number of eligible voters.
The constitution, if ratified in the present referendum, will be followed by a multi-party democracy general election in 2010 to produce parliament representatives in a process to hand over power to a democratically elected civil government in accordance with the seven-step roadmap.