Apologies this one took a while, but I have been preoccupied with studies and other business. But it is finally done.
Myanmar, still known to some as Burma although it has not officially used that name since 1989, is a country located in Southeast Asia. It is bordered with five countries which are India, Bangladesh, China, Laos, and Thailand. The country also has a coast that stretches along the Bay of Bengal and the Andaman Sea, which are part of the Indian Ocean. The current capital city is Naypyidaw which is a modern planned city that first begun construction in 2002 which finished in 2012 – the city is located centrally within the Naypyidaw Union Territory which is just North of the old capital Yangon.
Evidence of early humans goes as far back as 750,000 years with Homo Erectus having lived in the area until at least 75,000 years ago. Homo sapiens are evidenced from 25,000 BP with stone tools having been found in central Myanmar. There is evidence of plants and animals having been domesticated in the area during Neolithic times between 10,000 and 6,000 BCE evidenced by cave paintings within the Padah-Lin Caves.
The creation of bronze, the growing of rice and the domestication of poultry and pigs is evidenced from 1500 BCE, and then later the appearance of iron-working settlements from 500 BCE, as well as early evidence of trading with neighbors in the region.
The first known city-states emerged in central Myanmar around the 2nd Century BCE, founded by Tibetan-Burman speaking Pyu people who were migrating southwards. These peoples had been influenced by trade with India and brought with them cultural, architectural, and political concepts as well as Buddhism. More city-states had come about by the 9th Century with the Pyu in the central dry zone, the Mon people along the southern coast, and the Arakanese people across the western littoral.
The mid-to-late 9th Century would also see the Bamar people found the settlement of Bagan (formerly known as Pagan) which would become a competing city state. Pagan successfully absorbed its surrounding rivals over time where Pagan would be formed into the Kingdom of Pagan, or the Pagan Empire, by Anawrahta. This empire would expand into one of the main powers of the region, alongside the Khmer Empire.
The empire would last four centuries until its collapse following repeated Mongol invasions, causing a two and a half centuries period of political fragmentation. The Mongol invasions led to Shan migrants settling and creating competing Shan states that would end up dominating the northwestern-eastern arc that surrounded the Irrawaddy Valley.
The late 14th Century would see two powerful kingdoms arise, the Ava Kingdom in upper Burma and the Hanthawaddy Kingdom in lower Burma. The fragmented Arakan peoples would also eventually unite under the Kingdom of Mrauk U along the Arakan Littoral in 1437, it was periodically a protectorate of the Bengal Sultanate.
The Ava Kingdom would attempt to reunify the empire during what was known as the Forty Years’ War by repeatedly attacking its neighbors including the Shan States in the North and the Hanthawaddy Kingdom. These wars saw Hanthawaddy win many victories which enabled them to enter a Golden Age while the Ava Kingdom disintegrated from 1481 onwards, they would eventually be conquered by a confederation of Shan States in 1527.
The multi-ethnicity of the Ava, Hanthawaddy, and Shan States allowed cultural synchronization to continue despite the wars, and this became a golden era for Burmese culture and literature, a second generation of Burmese law codes were created, and the earliest Burmese royal chronicles appeared.
The mid-16th Century saw the rise of the Taungoo dynasty, formerly a vassal state to the Ava Kingdom. Their king, Tabinshwehti, would go on to defeat the Hanthawaddy Kingdom in the Toungoo-Hanthawaddy War. Taungoo’s next king, Bayinnaung, would go on to conquer a large portion of mainland Southeast Asia which included the Shan States, the Lan Na Kingdom, Manipur, the Mao Kingdom, the Ayutthaya Kingdom, Lan Xang, and southern Arakan, creating the largest empire in the region’s history, the Taungoo Empire.
This empire would fall apart not long after Bayinnaung’s death in 1581, with it completely collapsing by 1599. The Ayutthaya Kingdom would take Tenasserim and Lan Na, while the arrival of Portuguese mercenaries would lead to the establishment of Portuguese colonial rule in Syriam (modern-day Thanlyin).
But the Taungoo Dynasty would rise again and go on to defeat the Portuguese in 1613 and then neighboring Siam in 1614. A smaller and more manageable Kingdom would be restored under the dynasty that included lower and upper Myanmar, the Shan States, the Lan Na Kingdom, and upper Tenasserim. The legal and political framework created by the Kings of Taungoo would last into the 19th Century. The Kingdom replaced hereditary chieftainships with appointed governorships across the entire Irrawaddy Valley and largely reduced hereditary rights of the Shan chiefs.
Trade and secular administrative reforms that were introduced ensured a prosperous economy over the next eight decades. But onwards from the 1720s the Kingdom would face issues from repeated Meithei raids into upper Myanmar as well as rebellion in Lan Na. 1740 would see the Mon people of Lower Myanmar found the Restored Hanthawaddy Kingdom whose forces would sack Ava in 1752, bringing the 266-year-long Toungoo Dynasty to its end.
But its victories would be short-lived as the resulting Konbaung-Hanthawaddy War would lead to the rise of the Konbaug Dynasty under Alaungpaya who soon defeated the Restored Hanthawaddy Kingdom and by 1759 reunited all of Myanmar and Manipur as well as driving out the British and French who had backed and provided arms to the Restored Hanthawaddy Kingdom.
The heirs of Alaungpaya went on to subdue much of Laos as well as winning the Burmese-Siamese War against the Ayutthaya Kingdom and the Sino-Burmese War against Qing China. But although they had won that war the Chinese continued to be a distracting threat, which allowed the Ayutthaya Kingdom to recover its territories in addition to capturing Lan Na. The Burmese and Siam would also fight another war up until 1855, which resulted in stalemate, the Burmese got Tenasserim while the Ayutthara kept Lan Na.
With both China and Ayutthaya being too big of issues in the East, the King of the Konbaung Dynasty at the time, Bodawpaya, instead turned West and took Arakan in 1785, Manipur in 1814, and Assam in 1817, creating the second-largest empire in Burmese history, but also quite unfortunately with ill-defined borders stretching along British India.
As such the new empire would be short-lived, as the First Anglo-Burmese War in 1826 led to the loss of Arakan, Manipur, Assam, and Tenasserim to the British. Then the Second Anglo-Burmese War in 1852 saw the British effortlessly seize lower Burma. The second to last king, Mindon Min, attempted to modernise what was left of the Kingdom and managed to narrowly avoid annexation by ceding over the Kerenni States.
But this would not last long as the British, alarmed by French Indochina’s consolidation, annexed the remainder of the country in 1885 during the Third Anglo-Burmese War, and thus it became British Burma.
The colonial era would see the arrival of many Indians to the area as soldiers, civil servants, construction workers, and traders and they alongside the Anglo-Burmese dominated the commercial and civil life in Burma. Rangoon was made the capital of British Burma and became an important port city. But the Burmese continued to resent the colonial presence, which led to periodic violent riots in Rangoon that would paralyze the city until the 1930s. Buddhist monks would become important activist figures in the independence movement.
Burma would become a separately administered colony of Great Britain in April 1937, with Ba Daw becoming the first Prime Minister/Premier of Burma, he also supported Burmese self-rule and opposed the participation of Great Britain and Burma in World War 2, he would later resign from the Legislative Assembly and be arrested for sedition.
World War 2 would eventually see Burma become a major battleground as Imperial Japan invaded and occupied it following the collapse of the British administration. The Japanese would establish the Burmese Executive Administration headed by Ba Maw in August 1942.
From late 1944 the Allies begun a series of offensives against the Japanese in Burma known as the Burma Campaign that would eventually defeat the Japanese there in July 1945. The intense battles laid waste to most of Burma. Many Burmese had initially fought for the Japanese as part of the Burma Independence Army, the Arakan National Army also fought with the Japanese initially. But many other Burmese, mostly from ethnic minorities, fought the Japanese in the British Burma Army.
The Burma Independence Army and Arakan National Army would eventually switch to the Allied side against the Japanese in 1945. After World War 2, Aung San – who had originally founded the Burma Independence Army in Japan prior to their invasion, negotiated the Panglong Agreement that guaranteed the independence of Myanmar (Burma back then) as a unified state. Aung San became Deputy Chairman of the Executive Council of Myanmar, which was a transitional government – but Aung San and several cabinet members would be assassinated by political rivals in July 1947 on a day remembered as Martyrs’ Day in Myanmar.
The nation officially became an independent republic on 4th January 1948 and was named the Union of Burma. Sao Shwe Thaik was the first President while U Nu was the first Prime Minister. Burma did not join the Commonwealth like many other former British colonies and territories. A bicameral parliament was formed and the first multi-party elections took place in 1951 although due to internal conflict they were not concluded until the following year.
Two further free elections took place in 1956 and then 1960. But internal issues including Non-Burman ethnic groups pushing for autonomy and federalism and a weak civilian government led to the military leadership staging a coup in 1962 leading to the establishment of a military junta who would construe the term federalism to be something that is anti-national, anti-unity, and pro-disintegration.
General Ne Win would lead a Revolutionary Council and almost all aspects of society such as production, media, and business were nationalised and/or brought under Government control – part of the new ideology of the Socialist Republic of the Union of Burma called the Burmese Way to Socialism, combining Soviet-style nationalisation and central planning. A new constitution was adopted in 1974.
The country would be ruled under a one-party system with the general and other military officers resigning and ruling through the Burma Socialist Programme Party. The country became one of the world’s most impoverished and any protests or dissent were quickly and violently suppressed, often leading to injuries and deaths.
But 1988 would see a much greater period of unrest due to economic mismanagement and political oppression by the government, these pro-democracy protests became known as the 8888 Uprising. Thousands of demonstrators would be killed by security forces and amidst the chaos General Saw Maung staged a coup that would form the State Law and Order Restoration Council.
This new administration would declare martial law in 1989 and finalised plans for a People’s Assembly election for 31st May that year. The council also changed the country’s official name to the Union of Myanmar. Multiparty elections would not actually take place until May 1990, with the National League for Democracy under Aung San Suu Kyi winning 392 of the 492 seats, she was the youngest daughter of Aung San who is considered the father of the nation, and Aung San Suu Kyi rose to prominence during the 8888 Uprising in which the same year her party was founded. But despite this the military junta refused to cede power, put Aung San Suu Kyi under house arrest, and the council which rebranded itself to the State Peace and Development Council in 1997 continued to rule.
The country’s capital would be moved from Yangon in November 2007, with the new site being named Naypyidaw. In August 2007 the Saffron Revolution led by Buddhist monks took place which was caused by the price of fuel. The revolution was violently cracked down on leading to an increase in existing economic sanctions against the Government.
The country has faced numerous localised civil conflicts since the rule of the military junta (some ongoing even since before then) such as the Kachin Conflict, ethnic Chinese rebels in Kokang (which has caused tensions between Myanmar and China), and there have been a number of other ethnic conflicts between the government/military and the Shan, Lahu, and Karen minority groups in the east. One of the most particular humanitarian issues has been with the Rohingya, a stateless Indo-Aryan ethnic group many of whom are Muslim, who have faced genocide from the government and military junta and which has received most of the international attention since 2017.
A period of liberalisation would take place from 2011. In 1993 the military junta had promulgated a Roadmap to Discipline-flourishing Democracy, but little progress had been made on it and it did not get much recognition until 2008 when the Government published a new draft constitution which was adopted in a flawed national referendum. This new Constitution provided for the election of a national assembly with powers to appoint a President, although the army would still maintain undue influence and control.
A general election was held in 2010 although it was boycotted by the National League for Democracy, leading to the military-backed Union Solidarity and Development Party to declare victory with 80% of the vote, although many suspected fraud. A nominally civilian government was formed with General Thein Sein as President.
A series of liberalising political and economic reforms took place which included the release of Aung San Suu Kyi from house arrest after over two decades, as well as the establishment of the National Human Rights Commission, the granting of general amnesties to more than 200 political prisoners, new labour laws allowing labour unions and strikes, relaxation to press censorship, and currency practices regulation.
The first openly contested general elections took place in 2015 which gave the National League of Democracy under Aung San Suu Kyi an absolute majority of the seats – although Aung San Suu Kyi was unable to become President due to being constitutionally barred from it, the party’s chosen candidate – Htin Kyaw – could become President and was the first non-military President since the 1962 coup. Meanwhile Aung San Suu Kyi assumed the newly created role of State Counsellor, a role similar to that of Prime Minister, although many still saw her as the country’s de facto leader.
But even after all these reforms and the rise of a civilian government the military still remained a powerful and influential controlling force. Things would come to a head in the 2020 general election when the National League for Democracy party won a landslide victory, handing the military-backed Union Solidarity and Development Party an even larger defeat than in 2015.
But this time the military-backed party rejected the results of the election and called for a fresh election to be held along with military observers, 90 other smaller parties also contested the election results. Election observers on the other hand declared that there were no irregularities. Despite this the military claimed it had in-fact found over 8-million irregularities in voter lists, and called on the electoral commission and civilian government to review the results, merely resulting in the commission dismissing the claims due to lack of evidence.
Nonetheless the military-backed party and the military themselves continued to cry fraud, with the military threatening to take action. This they would follow through with on 1st February 2021 on the day the new parliament was meant to convene. The military, launching a coup, detained Aung San Suu Kyi and other ruling party members and handed power to the military general Min Aung Hlaing with a state of emergency declared for 1-year. Borders were closed, travel restricted, and electronic communication disrupted.
Mass protests followed the coup and re-establishment of the military junta, which would spread nationwide and continue to grow despite violent crackdowns. The unrest and conflict in the country has since continued and may eventually turn into a civil war, if it has not already.
Myanmar’s official language is Burmese, the largest ethnic group are the Bamar but other minority groups include the Shan, Karen, Rakhine, Chinese, Indians, Mon, as well as others. Buddhism is the largest and official state religion. The country’s currency is the Kyat. The country’s population is over 55,466,430.
Government Type
As things stand in Myanmar there is a military junta called the State Administration Council that currently rules the country. There is an acting President in place – First Vice President Myint Swe – who is a retired army general. The chairman of the State Administration Council and Prime Minister is the army general and Tatmadaw Commander-in-Chief Min Aung Hlaing who spearheaded the 2021 coup and so in reality he is basically the de facto leader of Myanmar as things stand. There are five Deputy Prime Ministers all bar one are military officers, the other a former military officer.
There is meant to be a bicameral Parliament – the House of Nationalities and the House of Representatives. But it has been dissolved since the 2021 coup. And so presumably that means any current legislation (via decree) would probably be taking place through the military junta’s State Administration Council. Note that both houses of Parliament are considered equal and so there is not a ‘lower’ or ‘upper’ house and both houses would often closely cooperate including in joint-sittings. No house has its own exclusive/reserved powers you’d typically see in other bicameral systems which in affect makes Myanmar’s bicameral system more oddly similar to a unicameral one, the only differences between the two houses is in their number of representatives, manner of their election/appointment, and slightly different electoral requirements – other than that they both have the same functions/powers.
But there is a committee representing the Parliament and a National Unity Government formed in exile that includes many National League for Democracy and other lawmakers who were ousted in 2021. Duwa Lashi La is currently Vice-President and acting President of this exiled Government while Mahn Win Khaing Than of the National League for Democracy party is the Prime Minister. A number of western and western-aligned nations regard the exiled Government as Myanmar’s legitimate government while the military junta has branded them a terrorist organisation.
The main goal of the exiled government is to support resistance against the military junta and create a revolution that will overthrow them and restore civilian government and parliament.
This post as such will be going by the 2008 Constitution with amendments through to 2015 which is the current constitution that should be being followed. It is possible the military junta may adopt a new constitution in the future but even so it would widely not be seen as legitimate. Although even so the 2008 Constitution is not without its flaws and should one day be amended (or a new one adopted) to exclude the military’s influence and power from civilian government and politics in general.
For one the 2008 Constitution allows a multi-party democracy but at the same time allows participation of the Defence Services (the Tatmadaw AKA the Armed Forces of Myanmar) in the National political leadership role of the State, something you don’t typically see in a healthy civilian democracy and for good reason – to help avoid unstable governments, an unbalanced power dynamic, conflicts of interest, civilian/military divide, and coups.
The Constitution allows defined regions and states of the country to have their own governments and parliaments – although again all of these including the national Parliament are tainted by the Constitution allowing the Tatmadaw’s Commander-in-Chief to nominate personnel as representatives. The Commander-in-Chief can also nominate further personnel to take part in the executive of the Union, Regions, States, Union Territory, Self-Administered Areas and districts for reasons such as defence, security, border administration, among other undefined duties.
The Defence Services (Tatmadaw) is also given the right to independently administer and adjudicate all of their own affairs. The Constitution also gives them responsibility for safeguarding the non-disintegration of the Union and national solidarity, the perpetuation of sovereignty, and safeguarding of the Constitution.
We can now also get to the part of the Constitution that basically allows a coup under extreme circumstances. A State of Emergency can be declared in a Region, State, or Self-Administered Area, allowing the President to exercise executive power there – a State of Emergency can be declared under these circumstances when such area/s have inability to perform executive functions for whatever reason. The Tatmadaw can also intervene in an area under a State of Emergency if it is perceived the life of people or their property are endangered, under the pretense of prevention and protection.
If a State of Emergency has arisen across the Union that may cause disintegration of the Union, or of national solidarity or loss of sovereign power or attempts by wrongful forcible means such as insurgency or violence, then the Constitution allows the Tatmadaw’s Commander-in-Chief to ‘take over’ and exercise State sovereign power – effectively allowing a coup.
So yeah, that constitution isn’t perfect but it is the currently accepted one and was still seen as a step in the right direction from the previous constitution, although clearly it still gives the Tatmadaw far too much power which ended up leading to the 2021 coup.
The Executive Government
The President is meant to be the Head of the Union (Head of State) as well as Head of the Executive (Head of Government). There had been a Prime Ministerial position but it was abolished in 2011 and the 2008 Constitution does not mandate a Prime Minister or include any mention of one. The position of State Counsellor – also not covered in the 2008 Constitution – was created and was equivalent to Prime Minister and was created in 2016 for Aung San Suu Kyi after her party won the 2015 elections, this was because she was constitutionally barred from becoming President. The circumstances of this though still led to her being viewed as the country’s de facto leader until the 2021 coup.
The position of State Counsellor now no longer exists and following the coup the Tatmadaw re-established the position of Prime Minister which is currently held by the Tatmadaw’s Commander-in-Chief Min Aung Hlaing – who as it stands is the most powerful figure of Myanmar’s military junta.
The President and the Vice-Presidents are meant to represent the Union.
Presidential Powers
If such need arises, the President is given power to re-delineate the territorial boundary of the Union. This process begins with the President asking the Head of the national Parliament to ask that parliament’s opinion – this opinion involves needing an absolute majority of representatives elected in equal numbers from Regions and States, an absolute majority from representatives elected on basis of townships and the population, as well as the absolute majority of the representatives of the Region/State Parliament that is involved. In the case that the required vote is not obtained from the Region/State Parliament, another vote is held in the national Parliament which requires a three-fourths majority in order to overrule the State/Region and go ahead with delineation.
The President signs bills into law that have been passed by the Union Legislature and can choose to send bills back for re-consideration – but if passed again with or without changes the President must sign it into law.
With approval from the Union Parliament the President can designate ministries of the Union Government as necessary, and can make changes and additions to them.
With approval from the Union Parliament the President can designate the number of the Union Ministers as necessary, and can increase or decrease the number.
The President has the power to grant pardons.
In accordance with the recommendation of the National Defence and Security Council the President can grant amnesty.
With approval of the Union Parliament the President may establish or sever diplomatic ties with foreign countries – in situations that require immediate action, the President may sever diplomatic relations with any foreign country after coordination with the National Defence and Security Council, this decision will then be submitted to the Union Legislature for their approval.
In accordance with the law the President can appoint and recall diplomats of its country, agree on the appointment of foreign diplomats and send information on the recall of diplomats, and accept letters of accreditation by foreign diplomats.
In accordance with the law, the President may appoint and dismiss Heads of the Bodies of Civil Services.
In accordance with the law the President shall enter into, ratify or annul international, regional or bilateral treaties, some of which may require approval by the Union Legislature.
The President has the right to occasionally deliver an address or send a message to the session of the Union Legislature as a whole or just to the House of Nationalities or to the entire country relating to policies and the general situation of the Union.
The President can ask the Speaker of the Union Legislature to summon an emergency or special session of the Union Legislature, if necessary.
Excluding Union budget matters, the President has the right to promulgate an ordinance for administrative matters that need immediate action during the interval between sessions of the Union Legislature.
- If the President has not otherwise revoked the ordinance, they must submit it for approval to the nearest session of the Union Legislature within 60-days of the ordinance’s promulgation.
- If the Union Legislature is not in session then the President must summon a special session within 60-days of the ordinance’s promulgation for its approval.
- The ordinance will cease to have affect if it is not approved.
The President has the right to take appropriate military action, this is done in coordination with the National Defence and Security Council in the case of aggression against the Union. Any decision made must be approved by the Union Legislature, if it is not in session it is called to an emergency session.
The President may only declare war or make peace with the approval of the Union Legislature.
The President appoints Chief Ministers of Regions and States, with approval of the State/Region legislature which cannot refuse the appointment unless they can prove the person does not meet prescribed requirements.
The President can specify a Region’s or State’s ministries and number of ministers as may be necessary, as well as make changes and additions to them, in coordination with the Chief Minister and with the State or Region Legislature’s approval.
The President can ask a Chief Minister or any Minister of a Region or State to resign due to failing to discharge their duties efficiently – if they refuse to resign the President can terminate their position. If a Minister is question is Tatmadaw personnel, then the President must coordinate with the Tatmadaw Commander-in-Chief.
The President coordinates with the Chief Justice of the Supreme Court of the Union and the Chief Minister of the relevant State or Region to nominate and appoint the Chief Justice and Judges of the respective High Court. The President has the power to call for impeachment proceedings against Chief Justices of High Courts.
The President appoints the Nay Pyi Taw Council for the Union Territory, which includes the capital city, some members are appointed in coordination with the Tatmadaw Commander-in-Chief. The President can choose to remove members or the Chairperson for the reason of discharging their duties inefficiently – for members that were appointed in coordination with the Tatmadaw Commander-in-Chief the President must coordinate on such members removal.
The Tatmadaw’s Commander-in-Chief is chosen by the National Defense and Security Council and then appointed by the President.
The President, after coordination with the National Defense and Security Council, can declare a State of Emergency in a State, Region, Self-Administered Area, or the entire country due to grave reasons of administrative functions being unable to be carried out. Such a declaration is a grave one as it can lead to suspension of certain fundamental rights and greater power to the President – or immense power to the Tatmadaw’s Commander-in-Chief including control over the executive, legislative, and judicial sections. Extension and ending of a State of Emergency is decided on by the National Defense and Security Council.
Presidential or Vice-Presidential Vacancy
If the office of President falls vacant due to any cause then one of the two Vice-President’s who received the second highest number of votes in the previous Presidential Election will become Acting President. The Acting President will ask the national Parliament to fill the vacancy within 7-days, the same group of representatives that elected the previous Vice-President (who went on to be elected President) would elect a new Vice-President to fill the vacancy, then a Presidential Election will take place in the usual manner to elect one of the three Vice-Presidents as President.
Similarly if it is a Vice-Presidential position that is vacant then that position is filled by the group of representatives that filled the position last time electing a new Vice-President.
Presidential and Vice-Presidential Removal
The President or any Vice-President can be impeached for reasons of either high treason, breach of the provisions of the Constitution, for misconduct, being disqualified to be President or Vice-President under provisions of the Constitution, or due to inefficient discharge of duties assigned by law.
Any charge against the President or a Vice-President must be signed by at least one-fourth of the total number of representatives of either house. This charge once obtaining the required number of supporters must pass a vote in its originating house of at least two-thirds of its total members in order to pass. If it does pass the other house will form a body to investigate the charge – if after the investigation either house passes a resolution saying that the charge is substantiated (requiring a two-thirds majority in either house) then this will lead to the President or the relevant Vice-President’s removal from office.
The Union Government
The Union Government is made up of the President, the Vice-Presidents, the Ministers of the Union, and the Attorney-General of the Union.
Subject to provisions of the Constitution, the executive power of the Union extends to administrative matters over which the Union Legislature has the power to make laws. The Executive power of the Union is vested in the President, all executive actions of the Union Government are taken as action in the name of the President.
The President, apart from in matters conferred on the President by the Constitution to perform in their own discretion, have the right to issue necessary rules on matters to be performed by the Union Government. Orders and instruments executed in the name of the President must be in accordance with manners of the prescribed rules issued by the President. The President may allocate his duties regionally or according to the functions of the Government department.
It is the job of the Union Government to preserve stability of the Union, community peace and tranquility and prevalence of law and order. The Union Government promulgates its policies in accordance with provisions of the Constitution – necessary projects must be drawn up in accordance with said policies and are implemented with the approval of the Union Legislature.
The Union Government drafts the Union Budget Bill based on the annual Union budget, this is after coordination with the Financial Commission, and then it is submitted for approval to the Union Legislature. If it cannot be approved before the end of the budget year then the Union Government can expend within the framework of the general expenditure included in the last-enacted Budget Law.
The Union Government draws up legislation and submits it for approval to the Union Legislature.
The Union Government, excluding Constitutional disputes and disputes over territorial re-delineation, can mediate and if necessary, decide, on disputes over administration between a Region and State, among Regions, among States, between Region or State and Self-Administered Area, among Self-Administered Areas; as well as mediate and if necessary, decide, on disputes over administration between the Region or State and Union Territory, or between a Self-Administered Area and Union Territory.
The Union Government also performs oversight of Region and State Governments and of Self-Administered Areas.
In accordance with the law the Union Government may form Civil Services organisations relating to the Union as necessary and may appoint the required civil service personnel.
The Union Government must implement the administrative resolutions passed occasionally by the Union Legislature and report back on the actions taken. The Union Government will also occasionally submit matters relating to the general situation of the Union to the Union Legislature.
The President appoints Union Ministers, they must meet the following requirements:
- Be at least 40-years-old.
- With exception of the age limit, meets all the other qualifications to be a representative of the House of Representatives of the Union Legislature, and does not meet any of the disqualifications.
- The person is loyal to the Union and its citizens.
The President first selects the relevant persons who meet the requirements above, they can be selected either from within the Union Legislature or from among those who are not representatives. The President must also obtain a list of suitable Tatmadaw personnel nominated by the Tatmadaw Commander-in-Chief for the Ministries of Defence, Home Affairs and Border Affairs.
The President must also coordinate with the Tatmadaw Commander-in-Chief if they desire to appoint further Tatmadaw personnel as Union Ministers for other Ministries aside from Defence, Home Affairs and Border Affairs.
The lists are compiled and submitted to the Union Legislature for approval. The appointments cannot be rejected unless it can clearly be proved that the person concerned does not meet the qualification/requirements to be a Union Minister. Once approved the selected people are appointed as Union Ministers and the President creates a Ministry or Ministries for each Union Minister to take responsibility of. Union Ministers who were appointed from among representatives of the Union Legislature must resign their seat.
Tatmadaw personnel who become Union Ministers are also considered to have retired from the Tatmadaw, unless they are the Union Minister for either Defence, Home Affairs or Border Affairs where they can remain Tatmadaw personnel.
Union Ministers who are members of any political party shall not take part in party activities during their term of office.
Union Ministers are responsible to the President. A Union Minister may be impeached and removed from their office for the following reasons:
- High treason
- Breach of any constitutional provision.
- Misconduct
- They meet a disqualification.
- Inefficient discharge of duties assigned by law.
The impeachment of a Union Minister follows the same procedure as it does with the President or a Vice-President. If the charge is substantiated, then the President removes the Union Minister from office.
The President can also appoint Deputy Ministers who must meet the same requirements as Union Ministers apart from age which is required to be at least 35-years-old instead. Deputy Ministers assist Union Ministers as determined by the President. Once again Deputy Ministers in Defense, Home Affairs, and Border Affairs must be Tatmadaw personnel. The Tatmadaw Commander-in-Chief can also wish to have other personnel appointed to other ministries.
The term served by Union Ministers and Deputy Ministers is the same as that of the President. The President may choose to remove a Union Minister or Deputy Minister before the end of their term for the reason of not being able to discharge their duties efficiently – the President will first ask them to voluntarily resign but if they refuse the President can terminate their position – if the Union Minister or Deputy Minister in question is a Tatmadaw personnel then the President must coordinate with the Tatmadaw Commander-in-Chief on the matter.
The Attorney General of the Union is appointed by the President with the approval of the Union Legislature. The person can be appointed from among Union Legislature representatives or people who are not representatives. The job of the Attorney General of the Union is to obtain legal advice and assign duties on legal matters on behalf of the Union Government. The person must meet the following requirements:
- Be at least 45-years-old.
- Meet qualifications to be a member of the House of Representatives excluding the age requirement – and do not meet any disqualifications.
- Meet one of the following: has served as a judge of a Region or State High Court for at least 5-years; or has served as a judicial officer or law officer for at least 10-years, officer level must be Region or State or higher; or they have practised as an advocate for at least 20-years; or in the opinion of the President the person is an eminent jurist.
- The person is loyal to the Union and its citizens.
The person chosen by the President cannot be rejected unless it is proven they do not meet the requirements. If they are a representative of a legislature then they must resign their seat. If they are Tatmadaw personnel then they are deemed to have retired that position. If they are a member of a political party they must cease taking part in party activities during their term in office.
The Attorney-General can be impeached and removed from office for the same reasons as Union Ministers and following the same procedure. The President also appoints a Deputy Attorney-General in the same way with only difference being they can be 40-years-old or older and can be an advocate for 15-years instead of 20-years if going off that requirement.
The term of the Attorney-General and their deputy is usually the same as the President. The President can remove either one for inefficient discharge of duties – first asking them to resign but if they refuse the President can terminate their position.
The Legislative Government
The legislature (Pyidaungsu Hluttaw) when it is actually operating is meant to be a bicameral legislature with the Pyithu Hluttaw or House of Representatives and the Amyotha Hluttaw or House of Nationalities. If they were operating as usual the House of Representatives would have 440 representatives while the House of Nationalities would have 224 representatives, their manner of appointment/election is covered in the electoral system section below. Keep in mind that neither house is considered the ‘lower’ or ‘upper’ house and that both work closely in cooperating and have the same powers/functions.
Both of the Hluttaws would also have a Speaker and Deputy Speaker elected by its representatives to oversee sessions of the respective Hluttaw. As well as that the joint legislature (Pyidaungsu Hluttaw) which includes both houses also has a Speaker and Deputy Speaker – this position is shared between the speakers and deputy speakers of both houses with the Speaker and Deputy Speaker of the House of Nationalities serving as the joint-legislature Speaker and Deputy Speaker for the first half of the parliamentary term followed by the Speaker and Deputy Speaker of the House of Representatives for the remainder of the term.
The Speaker of the joint-legislature supervises any joint-sessions; invites the President to speak at a joint-session if the President has asked to do so; and can invite organisations or persons representing any of the Union-level organisations formed under the Constitution to attend a joint-session to give clarifications on matters relating to ongoing discussions, if necessary.
Functions carried out by the joint-legislature include recording the address delivered by the President; reading and recording a message sent by the President as well as other messages permitted by the Speaker; submitting, discussing, and resolving on a legislative bill; discussing and resolving on remarks of the President concerning a legislative bill that has been approved by the legislature; discussing and resolving on matters to be undertaken by the legislature as guided by the Constitution; discussing, recording, and resolving reports submitted to the legislature; submitting, discussion, and resolving proposals; raising and replying to questions; and undertaking matters approved by the Speaker.
If needed, a special or emergency session of the legislature can be convened to discuss and resolve matters needing urgent action in the interest of the public. A special or emergency session can be convened by the Speaker either on own initiative, at the request of the President, or if requested by at least one-fourth of the total number of the representatives.
Legislation can be initiated first in either house of the legislature, the bill will need to be approved by both houses either way. When there is a disagreement between the houses over a bill a joint-sitting shall take place to discuss and resolve the issue. Union level organisations formed under the Constitution have the right to submit bills relating to matters they administered among the matters included in the Union Legislative List.
Bills that relate to national plans, annual budgets, and taxation are submitted exclusively by the Union Government (the national Government) and are discussed and resolved at the legislature. The bills which are discussed exclusively at the national legislature must be vetted before being discussed, they are vetted jointly by the House of Representatives Bill Committee and the House of Nationalities Bill Committee.
The President or a person assigned by him submit the Union Budget Bill on behalf of the Union Government, the union legislature can discuss the following things but not refuse or curtail them: the salary and allowance of Heads and Members of Union level organisations and their expenditures; debts liable to the Union and expenses relating to those debts, and other expenses related to the loans taken out by the Union; expenditures required to satisfy judgement, order, or decree of any Court or Tribunal; and other expenditures which are to be charged by any existing law or international treaty.
Approval, refusal, and curtailing of other expenditures not mentioned above is allowed and is based on majority consent of the Union Legislature.
The President can promulgate Ordinance and then submit it for approval to the Union Legislature who shall either approve it and determine its period of operation or disapprove it causing it to stop operating.
The President signs bills into law that have been approved or are deemed to be approved by the Union Legislature, the President must do this within 14-days of receipt. The President can choose to send the bill back for reconsideration/amendment along with their comments on the matter – the Union Legislature can either pass the bill in its original form or accept the comments of the President and amend the bill, either way the President must sign the bill into law.
The Union Legislature gives resolution on matters relating to ratifying, annulling, and revoking from international, regional or bilateral treaties and agreements submitted by the President. But the Union Legislature can also confer authority on to the President to conclude, annul and revoke any kind of international, regional or bilateral treaties or agreements without needing the approval of the Union Legislature.
Pyithu Hluttaw – House of Representatives
The Pyithu Hluttaw is a house of the Union Legislature. This house is formed with a maximum of 440 members that include representatives elected from townships and representatives nominated by the Tatmadaw’s commander-in-chief.
The representatives of this house elect one of themselves as a Chairperson who supervises sessions until a Speaker and Deputy Speaker are elected. The Speaker has the same powers and duties as that of the Speaker position for the entire Union Legislature, but respective to this house.
This House forms a Bill Committee, Public Accounts Committee, Hluttaw Rights Committee, and the Government’s Guarantees, Pledges and Undertakings Vetting Committee which are the only committees that are active throughout the duration of the house.
When need arises to have studies made and submitted on defence and security matters or military affairs, the house can form the Defence and Security Committee made up of representatives who are Tatmadaw appointed, the committee exists for a limited time. In accordance with volume of work, the committee may also include some non-Tatmadaw representatives, if necessary.
If the need arises to submit and study other affairs, then executive, national races affairs, economics, finance, social and foreign affairs committees can be formed for a limited time.
When there are certain matters that need to be coordinated a joint-committee can be formed with the other legislative house.
For remaining matters not covered by Hluttaw Committees, Commissions and Bodies can be formed from representatives and/or can include suitable citizens.
Amyotha Hluttaw – House of Nationalities
The Amyotha Hluttaw is the other Union Legislature house. It is formed with a maximum of 224 representatives that are elected from Regions, States, and Self-Administered Divisions and Zones. A number of the representatives are also Tatmadaw appointed by the Tatmadaw commander-in-chief.
This house also elects a Chairperson to conduct proceedings and to supervise until a Speaker and Deputy Speaker are elected.
The House forms and can form the same Committees as the House of Representatives including Commissions and Bodies, and Joint-Committees with the House of Representatives to resolve issues.
Other Offices, Bodies and Institutions
The Supreme Court of the Union is the highest court in the country. Each defined Region and State also have a High Court. Justice should be administered independently in accordance with the law.
There is meant to be a Supreme Court of the Union which is the highest court in the country, although its powers cannot lesson the powers of Constitutional Tribunal or Courts-Martial. It is the final court of appeal. It can decide on judgements passed by High Courts of the Regions and States as well as judgements passed by any other courts in the country. Only the Supreme Court of the Union has the following original jurisdiction:
- In matters that arise from bilateral treaties concluded by the Union.
- In other disputes, apart from Constitutional disputes, between the Union Government and Regions and States.
- In other disputes, apart from Constitutional disputes, among Regions, among States, between a Region and State, or between the Union Territory and a Region or State.
- In other matters as prescribed by any law.
The Supreme Court of the Union as a Chief Justice and a number of Judges, the number that includes the Chief Justice cannot be less than seven or more than eleven. The Chief Justice is appointed by the President and approved by the Union Legislature and then the President coordinates with the Chief Justice to appoint a number of Judges which are then also approved by the Union Legislature. The appointments cannot be refused unless it is proven they do not meet requirements:
- At least 50-years-old but not older than 70.
- Meets qualifications to be representative in the House of Representatives apart from the age requirement – also does not meet any disqualifications.
- Meets one of the following requirements: has served as a judge of a High Court in a Region or State for at least 5-years; or served as a Judicial Officer or Law Officer at a State or Region level or higher for at least 10-years; or has practised as an advocate for at least 20-years; or in the opinion of the President they are an eminent jurist.
- They are not a member of a political party.
- They are not a member of a legislature.
- They are loyal to the Union and its citizens.
The President or the Union Legislature can move to impeach the Chief Justice or Judges leading to their removal for the following reasons:
- High treason.
- Breach of any provision of the Constitution.
- Misconduct.
- If they meet a disqualification.
- Inefficient discharge of duties assigned by law.
There is meant to be a Constitutional Tribunal of the Union responsible for interpreting provisions of the Constitution, scrutinise laws from either the national, regional, or state parliaments to ensure they abide by the Constitution, and also scrutinise executive functions of those places and Self-Administered Areas to ensure conformity with the Constitution. They also decide on disputes relating to the Constitution between the national Parliament and Regions/States, disputes among States, or among Regions, or among Self-Administered Areas, or between any of those entities.
The body is formed of nine members which includes a Chairperson. Three members are chosen by the President, three by the House of Representatives Speaker, and three by the House of Nationalities Speaker, with agreement on whom of the nine will be the Chairperson, the choices are approved by vote of the Union Legislature. The choices cannot be rejected unless there is proof they do not meet the requirements:
- Must be at least 50-years-old.
- Meets qualifications for the House of Representatives apart from the age limit – does not meet any of the disqualifications.
- Must meet one of the following requirements: Served as Judge of a High Court of a Region or State for at least 5-years; or has served as a Judicial Officer or Law Officer at the Region or State level or higher for at least 10-years; or has practised as an advocate for at least 20-years; or in the opinion of the President they are an eminent Jurist.
- They are not a member of a political party, if they are they must leave the party.
- They are not a legislature representative, if they are they must resign their seat.
- They have a political, administrative, economic and security outlook.
- They are loyal to the Union and its citizens.
Members of the Constitutional Tribunal of the Union can be impeached and removed from office for the same reason as Chief Justice and Judges of the Supreme Court of the Union and following the same procedure.
There is meant to be a National Defence and Security Council to advise the President on issues of national defence and security. Its members include the President, the Vice-Presidents, the Speaker of both Houses of the Union Legislature, the Commander-in-Chief of the Defence Services (Tatmadaw), Deputy Commander-in-Chief of the Defence Services (Tatmadaw), the Minister for Defence, the Minister for Foreign Affairs, the Minister for Home Affairs, and the Minister for Border Affairs.
There is meant to be a Financial Commission which includes the President as its Chairperson, the Vice-Presidents as Vice-Chairpersons, the Attorney-General of the Union as a member, the Auditor-General of the Union as a member, the Chief Ministers of the Regions and States as members, the Nay Pyi Taw Council (a council under the President that administers the capital Union Territory) Chairperson as a member, and the Minister of Finance of the Union as a Secretary. The President may appoint someone suitable as temporary member when a vacancy comes up.
Necessary orders and directives of this commission are promulgated by the President or a person assigned by the President. Budgets of the Union Ministries and Union level organisations are vetted by one of the Vice-Presidents as designated by the President, these estimated budgets are submitted to the Financial Commission. The budgets of Regions and States are vetted by a different Vice-President as designated by the President, and their estimated budgets are submitted to the Financial Commission.
The Financial Commission:
- Submits recommendation of the union budget to the Union Legislature including the expenditure of the union territory, a supplementary finance as suitable for Regions or States from the Union Fund, giving grants as a special matter and permitting loans.
- Advises on financial matters that should be taken.
- Carries out duties assigned by the Union Legislature through the promulgation of law for the emergence of a substantial financial system.
- Submits with recommendation to the President, the Bill of Union Budget, includes the union budget, the distribution of suitable funds from Union Fund accounts to Regions or States, provisions or funds as a special case and disbursing of necessary loans for submission to the Union Legislature.
There is an Auditor-General of the Union who is appointed by the President and approved by the Union Legislature. The Auditor-General’s job is to audit the Union Budget and make a report on the audit to the Union Legislature for oversight. They can be appointed from among Legislative representatives or outside of a legislature. They must meet the following qualifications:
- Be at least 45-years-old.
- Meets qualifications of the House of Representatives apart from the age requirement – does not meet any of the disqualifications.
- Meet one of the following requirements: Has served as an auditor for at least 10-years at a Region or State level or higher; or has served as a registered accountant or a certified public accountant for at least 20-years; or in the opinion of the President they are an eminent accountant, statistician or economist.
- The person is loyal to the Union and its citizens.
The person nominated by the President cannot be refused unless proven they do not meet requirements. If they were a representative they must resign their seat or if a Tatmadaw personnel they are deemed to have retired. If a member of a political party they cannot take part in party activities during their term of office. The Auditor-General can be impeached and removed from office for the same reason as a Union Minister and using the same procedure.
There is also a Deputy Auditor-General of the Union appointed by the President. Only differences are they can be 40-years-old or older and can be a registered accountant or a certified public accountant for at least 15-years instead of 20 if going by that requirement. The President can remove either one for failure to discharge duties efficiently – asking them to resign but if they refuse the President can terminate their position.
There is meant to be a Union Election Commission that deals with matters related to elections and election law. It is appointed by the President and cannot have less than five members including a Chairman. The requirements are:
- Members are at least 50-years-old.
- Meets qualifications of House of Representatives excluding age requirement – does not meet any of the disqualifications.
- Meets one of the following requirements: Served as Chief Justice of the Supreme Court of the Union or Judge of that court or a High Court of a Region or State or a similar position for at least 5-years; or has served as a Judicial Officer or Law Officer of at least State or Region level or higher for at least 10-years; or served as a practising lawyer for at least 20-years as an advocate; or is deemed by the President to be an eminent person.
- They must have integrity and experience.
- Must be loyal to the State and its citizens.
- Cannot be a member of a political party.
- Cannot be a member of a legislature.
- Cannot be a person who accepts the position that entitles salary, allowance or money.
Duties of this body includes:
- Holding elections of the country’s legislatures.
- Supervise legislative elections, including via creation of sub-commissions.
- Designating and amending electoral constituencies.
- Compiling and amending lists of voters.
- Postponing elections where they cannot be held freely and fairly due to natural disaster or a local security situation.
- Prescribes rules relating to elections and political parties in accordance with provisions of the Constitution, and procedures, directives, and so forth, and in accordance with relevant laws.
- Constitutes election tribunals for trial of disputes relating to election in accordance with the law.
- Performs other duties assigned by law.
Members of the Commission can be impeached and removed from office for the same reason as the Chief Justice and Judges of the Supreme Court of the Union and via the same procedure.
The Electoral System
To be eligible for President or Vice-President one must be loyal to the Union and its citizens; be a citizen of Myanmar born of parents who were born in the territory under jurisdiction of the Union and being Myanmar Nationals; must be an elected person who is at least 45-years-old; must be well acquainted with affairs of the Union such as political, administrative, economic and military; must have resided continuously in the Union for at least 20-years up until the time of their election; the candidate, their parents, the candidate’s spouse, and the candidate’s legitimate children and their spouses cannot owe allegiance or be subject to a foreign power or citizen of a foreign country; they must also meet the prescribed qualifications to be a representative of the Union’s legislature.
The President is meant to be elected by a Presidential Electoral College which is formed from three groups of the Union’s legislature. One group is formed of elected representatives in equal number from Regions and States; the second group is formed of elected representatives that were elected on basis of township and population; and a third group made up of Defence Services (Tatmadaw) personnel who are representatives within the legislature that were nominated by the Tatmadaw Commander-in-Chief.
First, three Vice-Presidents are elected, one by each grouping, they can either be elected from among representatives of the legislature or persons outside of the legislature. After this the entire national legislature will comprise the Presidential Electoral College and will elect – via majority vote – one of the three Vice-Presidents as the President. The term of the President and Vice-Presidents are 5-years and they cannot serve more than two terms. If the President or Vice-Presidents are a representative in the legislature they must resign their seat, similarly if they are Civil Service or Tatmadaw personnel they must resign or retire from their office. While the President and Vice-Presidents can be part of a political party, they cannot take part in party activities during their tenure.
Legislative Elections are meant to take place every 5-years:
For the legislature – the House of Representatives (Pyithu Hluttaw) is elected on the basis of township as well as population and some Defence Services personnel are also appointed as representatives by the Tatmadaw commander-in-chief. It had 440 representatives – 330 whom are elected from townships and 110 whom are nominated by the Tatmadaw’s commander-in-chief.
To be a representative in the House of Representatives one must be at least 25-years-old; be a citizen who is born of parents who are also citizens; must have resided in Myanmar for at least 10-years prior to the election; and posses qualifications prescribed by the Election Law.
Disqualifying factors to being a representative in the House of Representatives are: a person serving a prison term; a person having no right to being elected due to having committed an offence relating to disqualification for this house and being convicted for such offence; a person adjudged by relevant law to be of unsound mind; a person who is an undischarged insolvent as declared by a relevant court; a person who owes allegiance to a foreign government, or subject to foreign government or citizen; a person who is entitled to enjoy the rights and privileges of a subject of a foreign government or citizen; the person is a member of an organisation who obtains or utilises directly or indirectly the support of money, land, housing, building, vehicle, property, or so forth, from government or religious organisation or other organisations of a foreign country; a person who is a member of an organisation that abets the act of inciting, giving speech, conversing or issuing declaration to vote or not to vote based on religion for political purpose; person who is a member of a religious order, a person who is a Civil Services personnel (except for the 110 allowed to be appointed); and a person who has no right to be elected due to breaking the Election Law.
The House of Nationalities (Amyotha Hluttaw) is made up of representatives elected in equal numbers from Regions and States and some Defence Services personnel are also appointed as representatives by the Tatmadaw commander-in-chief. It had 224 representatives – 168 of whom are elected in equal numbers (12) from each Region or State including one representative from each Self-Administered Division or Zone. The other 56 representatives are nominated by the Tatmadaw’s commander-in-chief, four from each Region or State.
To stand as a representative of the House of Nationalities one must be at least 30-years-old, other than that difference all the other qualifications and disqualifications are the same as the House of Representatives. There does not seem to be much of a reason for an age limit difference since both houses are on equal footing and have the same powers and functions.
To vote in elections one must be a citizen of Myanmar who is at least 18-years-old, is not disqualified by law, is eligible to vote, and has the right to vote under the law. Members of religious orders, persons serving prison terms, persons determined to be of unsound mind and stands so declared by a competent court, persons not yet declared free from insolvent, and persons disqualified by the election law cannot vote.
Sources
The source for this post is from Myanmar’s Constitution of 2008 with amendments through to 2015 from constituteproject.org. It is of course to be noted that as it stands following the 2021 coup Myanmar is not exactly being run per this constitution. Also note that I am not an expert and this is just a hobby – so it is possible I have made mistakes in places, missed some parts out, and potentially misinterpreted some things. Please cross-check if you are using this for research.
A bill to amend the Constitution can be introduced to the Union Legislature with the support of at least 20% of all its members. To adopt any constitutional amendment, it must pass with at least the vote of 75% of the total number of Union Legislature Representatives. Certain sections also require a national referendum in order to approve the amendment which would require the support of more than half of those eligible to vote.
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