Burma's Constitution and Elections of 1974 9789814377713

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.The Institute of Southeast Asian Studies

Established as an autonomous organisation in May, 1968, the Institute of Southeast Asian Studies is a regional research centre foe scholars and other specialists concerned with modern Southeast Asia. The. Institute's research interest is focused on the many-faceted problems of modernization and development, and political and social change in Southeast Asia. The Institute is governed by a twenty-four-member Board of Trustees on which are represented the University of Singapore and Nanyang University, appointees from the Government, as well as representatives from a broad range of professional and civic organizations and groups. A ten-man Executive Committee oversees day-to-day operations; it is ex officio chaired by the Director, the Institute's chief academic and administrative officer.

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BURMA'S CONSTITUTION AND ELECTIONS OF 1974 A Source Book

by

Albert D. Moscotti

Research Notes and Discussions Series No. 5 Institute of Southeast Asian Studies Price:

S$13.00

Publications Review Committee

Professor Kernial

s.

Sandhu (Chairman)

Dr. Corazon M. Siddayao (Co-ordinator) Dr. Huynh Kim Khanh Mrs. P. Lim Pui Huen Mr. M. Rajaretnam Mrs" Christine Tan

Burma's Constitu~ion and EZeations of 19?4: A Sourae Book is the fifth in the Researah Notes and Disaussions series published by the Institute of Southeast Asian Studies, R~s6arah Notes and Disaussions are contributions which represent t.he tentative results of ongoing research, and of discussions, printed for the purpose of stimulating further thought. on specific subjects n

The responsibility for facts and opinions expressed in the work that follows rests exclusively with Dr. Albert D. Moscotti and his interpretations do not necessarily reflect the views or the policy of the Institute or its supporters.

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The Institute also publishes books and papers from time to t:ime in the following series: BOOKS/MONOGRAPHS: specialized studies on topics relating to Southeast Asia" SOUTHEAST ASIAN STUDIES: an annual review of significant political, economic and social developments in the region, with emphasis on the ASEAN countries. Contents include analyses in depth of topics of regional concern and of specific issues on a country-by-country basis. FIELD REPORTS: studies embodying the results of, and based exclusively on, the Institute's research programme; OCCASIONAL PAPERS: professional papers issued periodically on a variety of topics of regional interest. TRENDS IN SOUTHEAST ASIA: papers and proceedings of Trends seminars held on individual Southeast Asian countries; INTERNATIONAL CONFERENCES: publications based on proceedings of International Conferences sponsored by the Institute itself or in conjunction with other organizations; CURRENT ISSUES SEMINARS: publications growing out of the Institute's Current Issues series of seminars, the objective of which 1s to bring together knowledgeable and interested people to discuss topics of current concern and importance to the reg:Lon ,.

SOUTHEAST ASIAN PERSPECTIVES: aimed at wider circulation of Southeast Asian thinking, these publications are original contributions in English of Southeast Asians or translations of their significant papers and monographs appearing in one of the local or national languages of the region; ORAL HISTORY PROGRAMME: publications based on the oral memoirs of persons who have made notable contribution to, or have first-hand information to impart on, certain aspects of the development of Singapore and Malaysia; LIBRARY BULLETINS: papers on Southeast Asian librarianship and bibliography. 2 September 1977

Director Institute of Sout.heast Asian Studies

CONTENTS Page ACKNOWLEDGEMENTS INTRODUCTION A: I:

II:

III:

IV:

V:

THE MAKING OF A NEW CONSTITUTION A CHRONOLOGY OF EVENTS Source: The Guardian (Monthly), January-February 1974 (with Addendum)

3

PREPARATION FOR THE NATIONAL REFERENDUM "'I'OWARD ENSURING THOROUGHNESS" Source: The Guardian (Monthly), October 1973 (Excerpts)

27

REPORT ON THE DRAFT CONSTITUTION (Lanzin Party Commentary on the Third and Final Draft)

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RESULTS OF 'I'HE REFERENDUM ON THE NEW STATE CONSTITUTION

72

THE CONSTITUTION OF THE SOCIALIST REPUBLIC OF THE u~ION OF BURMA

73

B: VI:

THE CONSTITUTION

THE ELECTIONS OF 1974 AND ORGANIZING THE NEW GOVERNMENT

CHRONOLOGY OF EVENTS RELATING TO THE ELECTION OF THE FIRST PEOPLE'S ASSEMBLY AND THE FORMATION OF THE NEW GOVERNMENT OF BURMA

131

VII:

THE ELECTIONS LAW, 1973

132

VIII:

NOTE ON THE ELECTIONS TO THE PEOPLE'S ASSEMBLY AND LIST OF MEMBERS OF THE PEOPLE'S ASSEMBLY ELECTED JANUARYFEBRUARY 1974

157

Page

IX:

X:

SOVEREIGN STATE POWER TRANSFERRED TO PYITHU HLUTTAW

171

BURMA'S CONSTITUTION OF 1974 AT WORK: Some Glimpses at the Local Level (Prepared by the Author)

173

ACKNOWLEDGEMENTS Grat.eful acknowledgement is made to Professor Josef Silverstein who some time ago suggested assembling and publishing documents relating to Burma's 1974 Constitution and elections. For background to t.he constitutional issue, readers are referred to a publication edited by Professor Silverstein, The Future of Burma in Perspeative: A Symposium, Ohio Center for International Studies (Athens, Ohio: Southeast Asia Programme, 1974) [92 pages]. The author wishes to thank Mrs. P. Lim Pui Huen, Librarian, the Institute of Southeast Asian Studies, and her staff for their help in assembling the documents. The author, of course, assumes all responsibility for the materials he has contributed to this publication. April 1977 Institute of Southeast Asian Studies

Albert D. Moscotti

INTRODUCTION The Constitution Scholars interested in contemporary Burma are all too familiar with the difficulties of obtaining source materials on developments in that country. The government's English language newspapers, The Working PeopZe's DaiZy and The Guardian, do occasionally carry important texts as well as official government announcements and statements. The newspapers adhere to government policy and are under strict government control. (For a revealing account of the tight government controls of The Working PeopZe's DaiZy, see the interview with U Soe Min, a former editor of that newspaper who fled to Thailand. Asiaweek, 11 March 1977, pp. 35-37.) Even allowing for the absence of a free press, government newspaper accounts sometimes enable the person familiar with Burma to gain some insights into developments there and make tentative assessments of a particular situation. Furthermore, Burma's leaders are occasionally candid about problems confronting the country, although not to the point of openly acknowledging shortcomings in basic government policy The new institutions creat.ed by the 1974 Constitution, such as the Council of People's Inspectors and the People's Assembly (during question periods) also provide some information on current developments. c

Some of the documents relating to the 1974 Constitution and elections in Burma which did appear in the English language press are contained in this publication. The text of the Constitution itself is the English language version published by the Ministry of Information in 1974. Other materials from press sources which provide information on these major developments of 1974 are also included. Some of these materials such as the chronology, "The Making of A New Constitution," provide certain basic information on this major development. Other materials, such as "Report on the Draft Constitution," give some clues as to the thinking of the leaders of the Lanzin (Burma Socialist Programme) Party in shaping the Constitution as they did. Some of the reports in this publication have been compiled by the author from a variety of sources. Available material is inadequate to permit a full-scale assessment of the working of the 1974 Constitution t.o date. However, information which is available provides no basis for challenging the preliminary overall assessment by Professor Josef Silverstein made in 1974 and cited in the acknowledgement.

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The author, in the final section of this work, has attempted to provide some insights into the workings of the Constitution at the local level. In reproductions of articles and documents, found particularly in Sections I, II, III, IV, V, VII, and IX, the original form of expression is retained as far as possible, except in cases when it was essential for the sake of clarity to change some of the words.

A: I.

THE CONSTITUTION

THE MAKING OF A NEW CONSTITUTION A CHRONOLOGY OF EVENTS

30 April 1962 - The Revolutionary Council lays down the Burmese Way to Socialism wherein it is declared:

A socialist democratic state will be constituted to build up a successful socialist economy. A socialist democratic state is based on and safeguards its own socialist economy. The vanguard and custodian of a socialist democratic state are primarily peasants and workers, but the middle strata and those who will work with integrity and loyalty for t.he general weal will also participate" Power to the Peo£le

1 March 1966 - In his address to the Peasants' Seminar at Kyaikkasan Grounds in Rangoon, the Chairman of the Revolutionary Council declares: Takeover of power by the Armed Forces was made against cherished principles in the face of imminent danger threatening the Union ... and this power must be restored to the people to whom it rightfully belongs ....

6 November 1969 - The Chairman of the Burma Socialist Programme Party, presiding over the opening session of the fourth Party Seminar, speaks on the drafting of the Constitution of the Union of Burma, emphasizing these points~

The Revolutionary Council has been holding responsibility for the affairs of the State for seven years and more •••. We had to assume the responsibility and the leadership because the Revolutionary Council was not born of deliberate design and preparation but was brought into being by dire necessity. To put affairs of State on an enduring constitutional basis, however, a constitution must be framed and time is

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now ripe for the task. Only when that basis is laid down will the future generations be able to move forward in an orderly manner, guided by the basic principles, even after we are gone. When we were drawing up the Constitution, the British Government conferred with us about the British capital in Burma. We were then green about such things, having had no experience in self-government. So we were not able to strike a good bargain. Bogyoke Aung San had also had socialism as his aim but at that time circumstances did not favour adoption of socialism •o•. There was also no appropriate machinery. Therefore, Bogyoke said that questions about lands and about capital ism would have to be kep·t pending. What I would like to say is that there were in the Constitution some ambiguous provisions relating to economic rights and nothing whatsoever about socialism. The reason it was omi tt.ed was probably because while the political leaders were negotiating with the British and cajoling and comforting the people of the frontier areas, the so-called legal experts wrote up the Constitution as they liked. Was it so? If it were so, then the political leaders were cheated" Or it might be that. the political leaders themselves had been talking glibly about socialism without any sincere belief in it. That is a question for serious consideration. Were the political leaders cheated? Or was it that they themselves did not want to write socialism into the Constitution? The politicians had only independence uppermost in their minds and they were at tha.t time prepared to die fighting for it. They had little experience of the legal niceties involved in consti tut.ion-making and they entrust.ed that. task to the so-called legal experts, who, in my view, manipulated things to their own advantage in some matters. In the new Constitution we should guarantee certain individual rights, the birthright.s, as it were, of citizens. Even there the rights should not be without limits; they should be in consonance with the customs prevailing among the races r and the laws of the Stat.e. However, we should write into the Constitution. that, by the same token which grants rights to people, those who hold high offices of responsibility - such as the President, the Prime Minister or Ministers - shall be amenable to action. if they misbehave In the past, all thsy suffered for or abuse thei:r:· powers. their misdeeds was defeat at the elections.

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We may be having a one-party system or a multiparty system - it is for the people to decide. If the people should opt for the latter, history may repeat itself. The disunity of the people will be in direct proportion to the number of political parties in the country. Then it may be asked: what if the one-party system develops into a dictatorship? Then it would be harmful to the people; so steps must be taken to preclude such a possibility. It must be clearly stated in the Constitution that such steps will have to be taken. I have given my general suggestions about the new Constitution. The greatest emphasis I have laid is on the question of the states. All I want is to get the Burmese and the people of the frontier more intimate with one another. It is a two-way traffic, and talks alone will not bring any results. Practical application of the ideas must be made" I said, at the Union Day celebrations, about the more developed section of the people pulling those left behind, of course, making certain personal sacrifices fo~ the delay caused in waiting for those lagging behind to come up. Efforts must be made to ensure that those lagging behind us to come up on level with us. First Party Congress 28 June 19?1 - In his address to the opening of the First Party Congress of the Burma Socialist Programme of the Burma Socialist Programme Party, the Chairman says:

I only want to make two important points: prohibition of exploitation of man by man or one national group by another and guarantee of the birthrights of every citizen. We need to carefully include these two points in the next Constitution. The other points, such as socialist economy, socialist systsm, etco, can be dealt with in detail later. What I would like to stress is that there shall not merely be no exploitation of man by man but also no exploitation of one national

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race by another. I make this point because there has been such an exploitation. To some extent it prevailed even before the British ruleo Later during the AF'PEL regime there was not exactly exploitation but relat.ions were not happy. It is not just exploitation of man by man. I have to mention t.his because of our peculiar situation. There shall be no exploitation of one national race by another. This point must be taken notice of in particular" It is the task for the entire nation. The drafting of the Constitution is not something which our Party can undertake alone. The Constitution should be acceptable to the majority of the nation, if not the whole of it. 11 JuZy 1971 - The First Party Congress of the Burma Socialist Programme Party comes to a successful conclusion, with the adoption of a six-point future programme starting with the task of building a socialist democratic state.

•In the part dealing with the Party's future programme in the Political Report to the First Party Congress, .it is stated: Basic economic and political requirements having been satisfied, the Union of Burma shall be built as a socialist democratic state on the following lines: (a) A State Constitution based on socialist system shall be drafted for the establishment of a socialist democratic stateo (b) The Party Central Committee elected at this, the First Party Congress, shall accord priority to the formulation and execution of a detailed programme for the drafting of the State Constitutiono The drafting of the State Constitution shall proceed on the basis of the following principles: (1)

Socialism shall be the goal of the State.

(2) A socialist economy shall be adopted for the country and laws for its protection shall be promulgated.

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(3) Socialist democracy shall be the basis of the Constitution" (4) National races of the Union shall resolve to live in complete racial equality and unity in times of povert.y as well as in times of prosperity o (5) The working people shall enjoy democratic as well as personal rights within the framework of socialist democracy and shall also perform conscientiously their duties towards socialism and the State. (6} Other suitable provisions which would be of assistance t.o the establishment of a socialist democratic state shall also be made. While striving for earliest realization of the socialist democratic state, the Revolutionary Council shall under the leadership of the Burma Socialist Programme Party employ State power .•• in accord with the wishes of the people to reorganize the administrative machinery and the judiciary compatibly with socialist democracy o e e o