The Constitution of the Republic of the Union of Myanmar (2008) is the third Constitution of Myanmar after the 1947 and 1974 constitutions were suspended 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 Peace and Development Council government.

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.

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.

The 2008 Constitution came into force on 31 January 2011.

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. The military also appoints one of the country's two vice presidents. Hence, the country's civilian leaders have little influence over the security establishment.

The process for drafting this Constitution began with the convening of the National Convention in 1993. Representatives from the National League for Democracy (NLD), which had won the 1990 general election, were expelled from the Convention in 1995 while it was being led by the military government. The Convention finally concluded in 2007, 14 years after it began, and the draft Constitution was finalized. The Preamble explains that the SPDC convened the National Convention from 1993 onward, as a durable and long-term Constitution was deemed essential for the future of the State. It notes the National Convention successfully laid down the Basic Principles and Detailed Basic Principles for the Constitution in accordance with the seven-step road map. Role of the Tatmadaw (Military) Under the 2008 Constitution, the Tatmadaw (Armed Forces) maintains significant control over the Union Government:

As a result, civilian leaders have minimal influence over the security establishment. Chapters of the Constitution The Constitution is divided into the following chapters:

Key Provisions Preamble The Preamble briefly recounts Myanmar's struggle for independence, mentions the suspension of the previous two Constitutions, and states the necessity of a durable Constitution. It concludes with the national resolve to uphold key principles:

Chapter (1) Basic Principles of the Union This chapter defines the State and establishes its fundamental principles (Sections 6 to 48). State Objectives (Section 6): The State consistently aims for the following six objectives:

Sovereignty and State Structure:

Other Principles:

Citizen Rights and Duties (Excerpts)

Chapter (2) State Structure The State is structurally composed of 7 Regions, 7 States, and Union Territories (Section 49):

Self-Administered Zones and Divisions (Section 56): The Constitution specifies the areas and townships that constitute the six Self-Administered Zones and Divisions:

Chapter (3) Head of State The President and Vice-Presidents represent the State (Section 57). The President holds the highest position as the head of all citizens throughout the Republic of the Union of Myanmar (Section 58). Qualifications of the President and Vice-Presidents (Section 59): Key qualifications include:

Election Process: The President is elected by the Presidential Electoral College, which comprises three groups: one group from the elected representatives of the Pyithu Hluttaw (Lower House), one group from the elected representatives of the Amyotha Hluttaw (Upper House), and one group of Defence Services Personnel Representatives nominated by the Commander-in-Chief of Defence Services. Each group selects one Vice-President, and the President is then elected by a vote among the three Vice-Presidents. Term of Office: The term of office is five years, and no person shall serve for more than two terms. Impeachment: The President or a Vice-President may be impeached for:

If at least two-thirds of the total members of the Hluttaw investigating the charge decide that the charge is true and the offence renders the person unfit to hold office, the President or Vice-President shall be removed from office. Chapter (7) Defence Services The Tatmadaw is the main armed force for national defence. All armed forces in the State are under the command of the Tatmadaw. The Tatmadaw is responsible for leading the defence of the State against internal and external dangers. It has the right to manage and carry out affairs concerning the participation of the entire people in security and defence, with the concurrence of the National Defence and Security Council (Sections 337 to 344). The Commander-in-Chief of Defence Services is appointed by the President upon the proposal and recommendation of the National Defence and Security Council (Section 342). Chapter (10) Political Parties Political Parties must adhere to the objectives of non-disintegration of the Union, non-disintegration of national solidarity, and perpetuation of sovereignty. They must be loyal to the State, abide by the Constitution and existing laws, and be legally registered. They have the right to organize freely and contest in elections (Sections 404 to 406). A political party's right to exist shall be revoked, and its registration cancelled, if, among other things, it is declared an unlawful association, has direct or indirect contact with armed rebel groups or terrorist organizations, receives and uses financial or other support directly or indirectly from a foreign government, religious organization, or other foreign entity, or misuses religion for political purposes (Sections 407, 408). Chapter (12) Amendment of the Constitution The process for amending the Constitution is detailed in Sections 433, 434, and 435. A bill to amend the Constitution must be submitted to the Union Parliament (Pyidaungsu Hluttaw) and must be accepted for deliberation if presented by at least 20 percent of the total Hluttaw representatives. Amending Key Provisions (Section 436(a)): Provisions in key sections of Chapters 1, 2, 3, 4, 5, 6, 11, and 12 (including those on State sovereignty, secession, President's qualifications, role of the Tatmadaw, and emergency provisions) can only be amended if:

Amending Other Provisions (Section 436(b)): Other provisions can be amended with the support of more than 75 percent of all representatives of the Union Parliament (without a referendum). Chapter (13) State Flag, State Seal, National Anthem and the Capital This chapter (Sections 437, 438, 439, 440) prescribes the State Flag (which is significantly different from the previous one), the State Seal (which is similar to the previous one with a change in the inscription), the National Anthem (which remains "Kaba Ma Kyei," the "Till the End of the World" song), and the Capital (which is Nay Pyi Taw).next chapter.technorlorgy,Younger Associate government 1chaper Youngest children life High education , working all together all human power authority adding External Links

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  • Official English version