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Federal Union of Burma!




 
 
National Council of the Union of Burma moves towards 
a federal constitution for Burma
 
 
Joint proposal of the ethnic and democratic forces for solving Burma's 
political questions by political means
 
The Democratic Alliance of Burma (DAB) was formed in November 1988, 
following the September 1988 military coup which established the State 
Law and Order Restoration Council (SLORC), Burma's current ruling junta . 
The DAB comprised several armed ethnic opposition organizations and newly 
formed democratic opposition organizations such as the All Burma 
Students' Democratic Front (ABSDF) and All Burma Young Monks Union (ABYMU).
 
One of the four objectives of the DAB was to establish a Federal Union of 
Burma. The members of the DAB were convinced that both the 1947 & 1974 
constitutions were incompatible with the real situation of Burma with its 
many ethnic nationalities. According to the DAB, an effective 
constitution for Burma must establish a federal union on the basic of 
equal rights and self-determination for all the various ethnic 
nationalities of Burma. The leaders of the DAB set out to collect the 
ideas of various organizations concerning a federal constitution and in 
1990 initiated a federal constitution drafting process.
 
A constitution drafting committee was formed composed of representatives 
of different organizations as well as lawyers with the purpose of 
drafting a constitution which would guarantee democratic and human 
rights  for all people as well as equal right for all ethnic 
nationalities in 1990. The constitution drafting committee systematically 
not only collected the ideas and wishes of the different organizations 
but also responded to the feelings and suffering of the people. It 
acknowledged the views of the National Democratic Front (NDF)- an 
umbrella organization consisting of ethnic revolutionary organizations 
such as the Karen National Union (KNU), Kachin Independent Organization 
(KIO), New Mon State Party (NMSP), Karenni National Progressive Party 
(KNPP), Shan State Organization (SSO), Palaung People's Liberation Front 
(PPLF), Wa National Organization (WNO), Pa-oh National Organization (PNO) 
etc.
 
In August 1990 the constitution drafting committee completed a first 
draft which was submitted to the DAB which went on to create a second 
draft. In December 1990 a meeting was convened  to further review the 
second draft and the resulting third draft was then published as (future) 
Federal Union of State of Burma Constitution, (DAB third draft, 
Constitution drafting committee, November 1991). This document circulated 
widely for analysis and comment.
 
In June 1992 a constitutional seminar was convened at which international 
legal and constitutional experts met with representatives of the leading 
opposition organizations, the DAB, the National Coalition Government of 
the Union of Burma  (NCGUB) and National League for Democracy-Liberated 
Area (NLD-LA). As a result of the seminar, the Third Draft was further 
amended and in July 1993 at the first congress of the DAB the amended 
third draft gained the formal approval (with certain exceptions) of the DAB.
 
 
Further steps were subsequently taken by the National Council of the 
Union of Burma (NCUB), the new umbrella organization composed of the DAB, 
NDF, NLD-LA and the elected representatives in 1990 May elections, in 
1993. All the members of Parliament elected in the 1990 May elections who 
arrived in the liberated area of  Burma are also recognised automatically 
as members of the NCUB. The NCUB plays the role of a parliament alongside 
the government-in-exile, the National Coalition Government of the Union 
of Burma (NCGUB).
 
In October 1994 a Constitution Seminar was convened at Marnaplaw, the 
liberated area headquarters , by the National Council of the Union of 
Burma. One hundred and fifty nine representatives and sixty six observers 
from 40 organizations around the world participated.The DAB's draft 
constitution was submitted to this Constitutional Seminar for further 
comment and suggestions. The NCUB expresses its gratitude to the 
Friedrich Naumann Foundation for its assistance to the constitutional 
activities of the democratic as well as the ethnic forces since 1990. 
 
On May 23rd 1995 the DAB constitution drafting committee was extended to 
become an NCUB committee responsible for continuing the efforts to 
achieve all accepted draft constitution on the base of the Federal Union 
of Burma Constitution (drafted by the DAB).
 
This joint effort of the ethnic and democratic forces which are 
struggling against the military dictatorship in Burma reflects a 
systematic attempt to solve the political questions of Burma by political 
means. Further analysis and suggestions from the people of Burma as well 
as from international organizations, constitutional experts and 
supporters of democracy, human rights and self-determination will 
continue to be sought and welcomed.
 
National Council of the Union of Burma
Dated- September 1, 1995
 
 
 
 
 (FUTURE) FEDERAL UNION OF BURMA CONSTITUTION
                                                         (DRAFT)
    
                               DEMOCRATIC ALLIANCE OF BURMA
 (FUTURE) FEDERAL UNION OF BURMA CONSTITUTION 
(DRAFT)
APPROVED BY THE FIRST CONGRESS OF THE DEMOCRATIC 
ALLIANCE   OF BURMA   (JULY 1993)
                                                         
 
                                                           PREAMBLE
 
We, the people of the Federal Union of Burma have made a firm 
commitment to ensure that, our future posterity may never bear the 
consequences and the calamity of civil wars, the oppression and tyranny 
of military dictatorships, and to guarantee basic human rights, 
democratic, national and ethnic rights, and to establish lasting peace, 
prosperity and unity.
 
Based on this aspiration, we steadfastly resolve to live together in this 
free and fully sovereign Federal Union of Burma and we enact and adopt 
for ourselves this Constitution as the highest law of the Federal Union.
 
NOTE: The symbol (*) indicates that the Chapter, Article or Paragraph is 
to be further deliberated upon and not approved by the Congress.
                                                      
 
                                                       CHAPTERS
 
CHAPTER 1               Form of Federal Union. 
CHAPTER 2               Basic Rights. 
CHAPTER 3               Composition of the Federal Union. 
CHAPTER 4               Congress of the Federal Union. 
CHAPTER 5               Legislation. 
CHAPTER 6             President of the Federal Union of the Federal Union 
CHAPTER 7               Federal Executive. 
CHAPTER 8               Federal Judiciary. 
CHAPTER 9         Basic Provisions on the Defence of the Federal Union. 
CHAPTER 10             Member States of the Federal Union. 
CHAPTER 11             Citizenship and Provisions for Naturalization 
CHAPTER 12             Provisions for State of Emergency. 
CHAPTER 13             Transitional Provisions. 
CHAPTER 14             Amendment to the Constitution.
 
                                                 CHAPTER 1
 
                                 FORM OF THE FEDERAL UNION
ARTICLE 1. The Federal Union shall be a sovereign independent 
State        
and known as the     Federal Union of Burma.
 
ARTICLE 2. The State shall be a Federal Union which is formed and 
based on equal      rights and self-determination of its member States.
 
ARTICLE 3. The sovereignty of the Federal Union shall be derived from 
its citizens.
 
ARTICLE 4. The Legislative, Executive and Judicial power shall be 
derived from its citizens and  exercised  by  the  congress  of the  
federal Union, the  Government  of  the  Federal  Union,  the  federal  
Supreme  Court  and  its  subordinate  Courts,  as  established  by  
this  
Constitution.
 
ARTICLE 5. The territory of the Federal Union shall be:-
 
                      (a)      The combination of the whole of National 
State 
Territories (Special  Division  and Territories).
                       (b)     The Territory of the Federal Union shall 
not be 
altered without the consent of  all the National States.
 
ARTICLE 6. Both the Burmese and the English languages shall be the 
official languages of the Federal Union. The respective National States, 
may use their own native language as their official languages, in 
addition  to the Burmese and English languages.
 
ARTICLE 7. The political system of the Federal Union:
         (a)    shall be a multi-party system.
                       (b)      shall guarantee the right to freely form 
political parties.
                       (c)      Political parties shall be established in 
accordance with basic       democratic  principles. The Congress of the 
Federal Union shall enact laws in respect of   political parties based on 
this Article.
 
ARTICLE 8.    The flag of the Federal Union shall be as follows: 
                         
 .....................................................................
                         
 .................................................................... 
 
ARTICLE 9. The State seal of the Federal Union shall be as follows:
                      
 .........................................................................
                      
 .........................................................................  
 
ARTICLE 10. The seal of the Executive of the Federal Union shall be as 
follows:
                      
 .........................................................................
                      
 .........................................................................
 
ARTICLE 11. The National anthem of the Federal Union shall be as 
follows:
                      
 .........................................................................
                      
 .........................................................................
 
ARTICLE 12. Greater Rangoon shall be the capital city of the Federal 
Union. It shall be the collective possession of the member States of the 
Federal Union. It shall be under the direct administration of the Federal 
Union.
 
ARTICLE 13. This Constitution shall be the supreme law of the Federal 
Union.
 
                                                      CHAPTER 2
 
                                                    BASIC RIGHTS
 
ARTICLE 14. UNRETRACTABLE BASIC RIGHTS
 
(a)     Every person residing in the Federal Union:
          (i)      Shall be equal before the law, irrespective of 
national or 
social     origin, religion, social status, sex, colour or race.
             (ii)        Shall have the right to life, liberty and 
security of person. 
             (iii)       Shall not be enslaved. 
              (iv)       Shall not suffer forced labour, unless in 
accordance with the law.
          (v)      Shall not be subjected to torture, cruel, inhuman or 
degrading     treatment. 
              (vi)       Shall have the freedom of thought and belief. 
              (vii)       Shall have the right to be recognised as a 
human being, and his   or her human dignity shall not be violated. 
 
(b)    The basic  rights in this article  shall not  under  any  
circumstances  be   prohibited  violated  or  withdrawn
 
CHAPTER 15.  BASIC  FREEDOMS
   (a)      Every person residing in the Federal Union:
(I)     Shall have the right to freedom of expression, and the     
publication   and dissemination of information
(ii)         Shall have the right to seek political asylum.
(iii)      Shall have freedom of worship and observance of religion,  and 
of 
religious practices.
(iv)     Shall have the right to freedom of peaceful assembly and     
association. Shall have the right to form and participate freely in an 
association.
(v)       Shall have freedom of movement within the borders of the 
Federal Union.
(vi)         Shall have the freedom of residence, trade and 
employment      
within the Federal Union.
(vii)       Shall have the freedom to leave, and to return to the Federal 
Union.
(b)  The implementation of sub-paragraph (a) above, shall be in 
accordance with the laws passed by the Congress of the Federal Union.
(c)    If the implementation of the unretractable basic rights mentioned 
in this Constitution contravenes basic democratic principles or effects 
public health and public morality, the Congress of the Federal Union may 
enact laws restricting or prohibiting these basic rights.
(d)    If the law restricts or prohibits these basic rights, it shall be 
for the whole of the Federal Union and not for isolated situations. The 
law 
restricting or prohibiting such freedoms and rights must refer the 
paragraph in the Constitution it is restricting or prohibiting, and in 
doing so it shall not effect the essence of the basic rights it seeks to 
restrict or prohibit.
 
ARTICLE 16. RIGHTS TO WORK
Every person residing in the Federal Union shall have the right to work 
free of discrimination irrespective of race, religion, sex and colour. 
The Federal Union shall enact laws to guarantee these rights.
 
ARTICLE 17. RIGHT TO CITIZENSHIP
Every person residing in the Federal Union shall have the right to apply 
for citizenship in accordance with the law.
 
 
                                                   LEGAL RIGHTS
 
ARTICLE 18. Every person residing in the Federal Union shall neither 
suffer nor be subjected to arbitrary or unlawful interference with his or 
her privacy, family, home or correspondence, nor to unlawful attacks by 
the law upon his or her honour or reputation. Everyone has the right to 
the protection of the law against such interference or unlawful attacks.
ARTICLE 19.(a)      Every citizen shall have the right to own, transfer 
and dispose of property legally acquired, and the rights of inheritance 
in accordance with the law.
                       (b)      The property rights of individual 
citizens shall only be revoked for the benefit of all citizens in 
accordance with the law. The individuals rights and that of the rights of 
citizens must be compared and balanced, and such rights shall only be 
revoked, after appropriate compensation has been awarded.
 
ARTICLE 20. Every person residing in the Federal Union shall be 
protected from  unlawful searches  to  the  person, his  home, premises  
or property.
 
ARTICLE  21. (a)      No  person  residing  in  the  Federal  Union  
shall  be  detained  or  imprisoned  on  grounds  of  suspicion. 
        (b)  Every person arrested or detained shall be treated with the 
respect due to a human being.
        (c)     Every person arrested without a warrant shall not be 
detained for    more than 24 hours. If there are sufficient grounds to 
detain a        person for over 24 hours, the accused person must be 
brought 
before a an appropriate Court, and a application made to a Judge of that 
Court for a detention order, in accordance  with existing laws, to 
continue the detention.
ARTICLE 22.    Everyperson charged with an offence has the right;
         (a)     to be informed without unreasonable delay of the charge 
and  the    specific offence.
            (b)     to be tried within a reasonable time.
(c)     not to be compelled to be a witness in proceedings against a 
person  in respect of the offence. 
(d)      to defend himself or herself to the fullest extent in 
accordance    
with   he law or through legal assistance of his own choosing.
(e)      In proceedings commenced by the Federal Union, where a person 
is     a party or a witness in the proceedings, and is a person who does 
not understand or speak the language in which the proceedings are 
conducted, such a person has the right to the assistance of an interpreter.
ARTICLE 23. (a)        No penalty shall be imposed on conviction, which 
shall be degrading to the human dignity of the individual. 
(b)         A person shall only be tried for an offence under the law 
existing at the time of the offence. 
(c)         A person acquitted of an offence shall not be retried for the 
same offence.
 
          CULTURAL RIGHTS
 
ARTICLE 24. Every citizen who has attained the age of maturity shall 
have the right to legally marry in accordance with his or her own free 
will without discrimination as to race, religion or social status and to 
found a family. The Federal Union shall have the duty to safeguard this 
right.
 
ARTICLE 25. Every citizen shall have the right to promote the culture, 
customs and traditions of his or her own nationality. The Government of 
the Federal Union and State Governments should support the promotion.
 
                              EDUCATIONAL RIGHTS
 
ARTICLE 26. Every citizen shall have the right to pursue education 
freely. Compulsory elementary education shall be arranged free of charge 
in the Federal Union.
 
ARTICLE 27. Every citizen shall have the right to freely study the 
language and literature of his or her own nationality, and the right to 
promotion.
 
ARTICLE28. The right to establish private schools, colleges and 
universities, and vocational institutions in  accordance with P.YiCtina 
laws 
 
ARTICLE 29. Every citizen pursuing his or her education shall have the 
right to freely choose his or her education, vocational education, or 
higher education of his or her own choice.
                         
                       RIGHTS  OF  CHILDREN
 
ARTICLE 30. (a)      Every child shall have the right to a measure of 
protection, which is required by his or her status as a minor. The 
nurturing of children are the natural rights of parents. The whole 
nation  shall support these measures as deemed necessary. 
                     (b)     Children  shall  not  be seperated  from  
their  families  without  the  comsent  of  their  parents  or  
guardians.  In  cases  where  the  parents or  guardians  have  
neglected  their  responsibilities  or  in circumstances  where  
children  may  need  to  be  protected, separation of the children from 
their families shall be in accordance with the law.
(c)     Children shall receive protection against social and economic 
exploitation.They shall be protected from employment that may harm 
their morals, health,life or physical growth. 4
                     (d)        The Congress of the Federal Union shall 
prescribe by 
law the age limit of children who may be employed for work.
 
         RIGHTS TO PROTECTION OF THE HUMAN RIGHTS 
COMMISSION
 
ARTICLE31.Every person whose human rights have been violated shall have 
the right   to the protection of the Human Rights Commission.
 
                            RIGHTS TO CONSTITUTIONAL REMEDIES
        
ARTICLE 32. (a)   Every citizen shall have the right to move the Supreme 
Court of the     Federal Union or the Supreme Courts of National States 
by appropriate proceedings for  the enforcement of any of their 
Constitutional rights by directives   in the natureof:
                            (I)    Habeas corpus.
                      (ii)    Mandamus
                            (iii)   Prohibition.
                            (iv)   Quo Warranto.
                      (v)    Certiorai.
                
 (b)    The power to enforce the right conferred in sub-paragraph (a)   
above shall not  be  suspended  under  any  circumstances.
 
ARTICLE 33. Every citizen whether within or beyond the territories of 
the Federal Union shall be entitled to claim the protection of the 
Federal Union in their relations with foreign States.
 
ARTICLE 34. No citizen shall be denied redress to due process of the 
law for any actionable wrong done to him or her or suffered by him or 
her.
 
                                                 CHAPTER 3
 
                           COMPOSITION OF THE FEDERAL UNION.
 
ARTICLE 35. THE FORM OF THE FEDERAL UNION
 
                      The composition of the Federal Union is as follows:
                      (a)       The Federal Union is composed of National 
States and    Nationalities States.
                      (b)       Member States of the Federal Union shall 
have equal 
rights of self-determination.
                      (c)       National Autonomous Regions and Special 
National 
Territories    shall be formed  as necessary within the Territories of 
the 
National States of the Federal Union.   
ARTICLE 36 CHARACTERISTICS OF NATIONAL STATES             
                       (a)      National States of the Federal Union 
shall have the following Characteristics:
                             (I)   The nationals that form the National 
State must in number     be of at least two-third of the total population 
of the State concerned
                      (ii)   The total population of a State must be at 
least ----
------ --
                             (iii)   A National State shall have a 
coherent land area.
                           (iv)  The nationals that form the National 
State shall 
have a separate common language, customs and culture.
                             (v)   The  national  that  form  the  
National  State  
shall  have  a     firm  national  and  historical  back-ground.
                              (vi)  There  shall be  a  viable  economic  
base  to  
support   the  National  State.    
 
 
                    (b) Each ethnic national of the Federal Union 
shall have one National  State only.
 
ARTICLE 37. NATIONAL STATES OF THE FEDERAL UNION
 
The National States of the Federal Union of Burma are as follows:
(a)   Kachin National State. 
(b)   Karen National State. 
(c)   Karreni National State. 
(d)   Chin National State.
(e)   Burman National State. 
(f)   Mon National State. 
(g)  Arakan National State. 
(h)   Shan National State. 
(I)   -------------------- National State. 
(j)    ---------------------National State.
 
ARTICLE 38. CHARACTERS OF THE NATIONALITIES STATES
 
                     Nationalities States of the Federal Union must have 
the 
following  characteristics:
                     (a)        The nationals must comprise of two thirds 
of the total population of the State to  be  formed.
 .                    (b)      Where there are two or three nationals, the 
nationals of the State   to be forme shall be that of a majority.
                     (c)      The total population of a National State 
shall be at 
least -----------
                     (d)      The National State shall have a coherent 
land area. 
                     (e)       There is a viable economic basis.
 
ARTICLE 39. NATIONALITIES STATES OF THE FEDERAL UNION
 
                     Nationalities States of the Federal Union of Burma 
are as 
follows: 
                     (a) ----------
                     (b) ----------
                     (c)-----------
 
ARTICLE 40. CHARACTERS OF NATIONAL AUTONOMOUS 
REGION
                     (a)        The National Autonomous Region shall have 
the 
following  characteristics:
                              (I)    It must be situated within the 
boundaries of a 
member State.
                              (ii)   The nationals must have a firm 
historical back-ground.
                              (iii)  The nationals demanding an 
autonomous region must have a population  of one fourth of the people in 
the State.
                              (iv)   The nationals having separate 
language, literature and culture.
                              (v)    They must be within a coherent land 
area for the establishment of a  sound administration
                      (b)       The nationals of the Federal Union who do 
not have a National   State, has the right to have one National 
Autonomous Region.
 
ARTICLE 41. CHARACTERS OF SPECIAL NATIONAL 
TERRITORY.
 
                     The Special National Territory shall have the 
following 
characteristics:
                   (a)  Within a land area of a State.
                   (b)  With nationalities forming the majority of the 
territory.
                   (c)  With nationals having separate language, 
cultures and tradition.
 
                                               CHAPTER 4
                        
                             CONGRESS OF THE FEDERAL UNION
 
ARTICLE 42.FORMATION OF THE  CONGRESS  OF  FEDERAL  
UNION.
The highest Legislative power of the Federal Union shall be vested in the 
Congress of the Federal Union, and shall be composed of the National 
Assembly and the People's Assembly.
 
ARTICLE 43. REGULAR SESSION.
The regular joint session of the two Assemblies of the Congress of the 
Federal Union shall be convened at least once a year.
 
ARTICLE 44. CONVENING OF SESSION.
 
 
(a)   The sessions of the Congress of the Federal Union shall be convened 
by rotating Chairpersons. 
(b)    Special or emergency sessions of the Congress of the Federal Union 
may be convened on request by the majority vote of members of either 
Assembly or in special circumstance at the request by the President of 
the Federal Union or the Prime Minister of the Federal Union.
 
ARTICLE 45. JOINT SESSION OF TWO ASSEME'LIES
The Joint session of two Assemblies of the Congress of the Federal 
Union shall be convened under the following circumstances: 
(a)   To amend this Constitution. 
(b)   To endorse the announcement of a State of Emergency and the   
cancellation of the State of Emergency. 
(c)   To declare war against a foreign country, and the cessation of war. 
(d)   To confirm the appointment of a Federal Union President of the 
Federal Union and the swearing in of the Justices of the Federal Supreme 
Court.
 
ARTICLE 46. QUORUM FOR THE SESSION
 
The number of representatives constituting a quorum of the joint session 
of the Congress of the Federal Union of the two Assemblies shall be 75% 
of the members of the National Assembly and 65% of the member of the 
People's Assembly.
 
ARTICLE 47. CHAIRMAN OF THE CONGRESS.
 
The Chairperson of the National Assembly and the Chairperson of the 
People's Assembly shall alternately be the Chairperson of the joint 
session of two Assemblies of the Congress of the Federal Union.
 
ARTICLE 48. LAWS RELATING TO THE PEOPLE'S ASSEMBLY
 
The Congress of the Federal Union shall enact separate laws on the 
election of representatives to the People's Assembly and specific laws on 
the People's Assembly.
 
ARTICLE 49. NO SECONDLY OCCUPATION
 
A representative of either Assembly shall not engage in any business of 
profit or be appointed to civil office.
 
ARTICLE 50. PROHIBITION ON BEING MEMBERS OF BOTH 
ASSEMBLIES
 
A representative shall not at the same time be a representative of the 
National Assembly and the People's Assembly.
 
ARTICLE 51. IMMUNITY
 
A  representarive  shall  not  at  any  time  be  prosecuted  in the  
courts  or  be  subject  to  disciplinary  action  or  otherwise  or  
called  on  to  account  for,  a vote  cast  or  in respect  of  any 
statement made to any Assembly or a publication made with the permission 
of a responsible person of the Congress of the Federal Union.
 
                                    NATIONAL ASSEMBLY
 
ARTICLE 52. FORMATION OF THE NATIONAL ASSEMBLY
 
The National Assembly shall be comprised of an equal number of 
representatives from  the State of the Federal  Union.
 
ARTICLE 53. ELECTION OF THE CHAIRPERSON AND VICE-   
CHAIRPERSON
 
A Chairperson and a Vice-Chairperson shall be elected from amongst the 
representatives of the National Assembly. The Chairperson and the 
Vice-Chairperson shall not be from the same State.
 
ARTICLE 54. TERM OF OFFICE OF THE REPRESENTATIVE
 
The term of office of a representatives to the National Assembly shall be 
for 4 years. Half of the representatives shall be elected every 2 years.
 
ARTICLE 55. NUMRFR OF REPRESENTATIVES
 
The number of representatives in the National Assembly shall be at least 
half the number of representatives in the People's Assembly.
 
ARTICLE 56. SESSIONS AND CONVENING OF SESSIONS
 
(a)     The regular session of the National Assembly shall be convened 
every  6 months.
(b)       At the request of representatives from two States, the 
Chairperson of the   National Assembly shall convene the National Assembly.
(c)       At the request of the Prime Minister of the Federal Union, the 
Chairperson of  the National Assembly shall convene the 
NationalAssembly.
 
ARTICLE 57. OUORUM
 
The number of representatives constituting a quorum of the National 
Assembly shall be 75% of the representatives of the National Assembly. 
Each representative has the right to one vote. The Chairperson may cast 
his or her decisive vote when there is a tie in the votes.
 
ARTICLE 58. AUTHORITY OF THE CHAIRPERSON OF THE 
NATIONAL ASSEMBLY
 
The Chairperson of the National Assembly shall have the authority to 
supervise the rules and the regulations of the sessions of the National 
Assembly. No arrest shall be made within the confines of the National 
Assembly without the consent of the Chairperson of the National 
Assembly.
 
ARTICLE 59. COMMITTEES
 
The National Assembly shall appoint a Committee on Foreign Affairs 
and a Committee on Defence, with representatives from the National 
Assembly.
 
                                     PEOPLE'S ASSEMBLY
 
ARTICLE 60.  FORMATION  OF  THE PEOPLE  ASSEMBLY
 
The People's Assembly shall comprise of representatives elected from 
constituencies specified on the basis of population. A State with a small 
population shall have at least two representatives.
 
ARTICLE 61. ELECTION OF CHAIRPERSON AND VICE-
CHAIRPERSON
 
A Chairperson and a Vice-Chairperson shall be elected from amongst the 
representatives of the People's Assembly.
 
ARTICLE 62. TERM OF THE PEOPLE'S REPRESENTATIVE
 
The nominal term of the People's Assembly is 4 years. The term of office 
of the representatives of the People's Assembly is the same as that of 
the People's Assembly.
 
ARTICLE 63. BASIS FOR THE ELECTION OF REPRESENTATIVES 
TO THE PEOPLE'S  ASSEMBLY.
 
                    The representatives of the People's Assembly shall be 
elected by:
                  (a)   General elections.
                  (b)             Secret voting system.
                  (c)   Direct universal suffrage.
                  (d)             Free will; and
                  (e)   Equal value ballot.
 
ARTICLE 64. QUALIFICATIONS OF REPRESENTATIVES TO THE 
PEOPLE'S  ASSEMBLY
 
Candidates for election as representatives of the Peoples Assembly 
shall:(a) Attain the age of 25 years. (b) Be a citizen of the Federal 
Union for at least 10 years. (c) In the case of naturalised citizens, 
reside continuously in the Federal Union for at least 5 years.
 
ARTICLE 65. SESSIONS AND CONVENING OF SESSIONS
(a)     The regular sessions of the People's Assembly shall be convened 
every 6 months.
(b)     The Chairperson of the People's Assembly shall on the directive 
of the President of the Federal Union of the Federal Union or on the 
request of the   Prime Minister of the Federal Union, or on the request 
of one fourth of the  representatives of the People's Assembly, convene 
special or emergency sessions of the People's Assembly.
 
ARTICI.F. 66 QUORUM
 
The number of representatives constituting a quorum of the People's 
Assembly shall be 65% of the representatives of the People's Assembly.
 
ARTCLE 67. HOLDING OF PEOPLE'S ASSEMBLY ELECTIONS
Elections of representatives to the next People's Assembly shall be held 
3 months prior to the expiration of the term of the existing People's 
Assembly.
 
ARTICLE 68. SESSIONS FOLLOWING ELECTIONS
 
                    The  people's Assembly  shall  be  convened  within  
30 days  following    the  people's  Assembly  elections
 
ARTICLE 69. DISSOLUTION OF THE PEOPLE'S ASSEMBLY
 
(a)    The President of the Federal Union on the advice of the Prime 
Minister of the  Federal Union may dissolve the People's Assembly. 
(b)General elections shall be held within 60 days following the 
dissolution of the People's Assembly.
(c)The President of the Federal Union shall appoint a care-taker 
government with appropriate persons following the dissolution of the 
People's Assembly, to administer the country until a new government is 
formed.
 
ARTICLE 70. AUTHORITY OF THE CHAIRPERSON OF THE 
PEOPLE'S  ASSEMBLY
 
The Chairperson of the People's Assembly shall have the authority to 
supervise the rules and regulations of the People's Assembly sessions and 
to enforce them on the representatives.  The Chairperson shall have a 
decisive vote when there is a tie in the votes. No one shall search or 
make arrests within the confines of the People's Assembly without the 
consent of the Chairperson of the People's Assembly.
 
ARTICLE 71. COMMISSION OF INVESTIGATION
 
The People's Assembly shall have the right upon the motion of- one 
fourth of its members to set up a Commission of Investigation. The 
Congress of the Federal Union shall enact separate laws for the 
constitution and the mandate of the Commission of Investigation.
 
ARTICLE 72. FORMATION OF AFFAIRS COMMITTEES
 
The People's Assembly shall set up Affairs Committees with members of the 
People's Assembly.
 
                                              CHAPTER  5
 
                                             LEGISLATION
 
ARTICLE 73. THE INITIATION OF BILLS
                     (a)        Bills shall be introduced by the 
Government of the 
Federal Union or  representatives of the two Assemblies.
                     (b)        Federal budget bills and Customs bills 
shal only be 
introduced in  the People's  Assembly.
                     (c)     Bills relating to natural resources shall 
only be 
initiated in the  National Assembly.
                     (d)    Other bills may be initiated and introduced 
in any 
Assembly.
 
ARTICLE 74. ADOPTION OF A BILL
        
                    (a) If a bill initiated and introduced in the 
People's 
Assembly                     receives a simple  majority vote, and an 
over 60% vote in the National Assembly, shall become  law.
                    (b) If a bill initiated and introduced in the 
National 
Assembly receives a simple  majority vote, and an over 60% vote in the 
People's Assembly, shall become law.
 
ARTICLE 75. ADOPTION OF THE BUDGET BILL
 
The  annual  Federal  Union  budget  bill  shall  be  initiated  and  
introduced  in  the  people's  Assembly  and  passed  by  a  simple  
majority  vote.  the  Federal  budget  bill  forwarded  to the National 
Assembly from the People's Assembly and approved by a simple majority 
without delay, shall become law.
 
 
ARTICLE 76. JOINT COMMITTEE
 
(a)      Both the National Assembly and the People's Assembly or the 
Government of the Federal Union shall have the right to seek the 
convening of a Joint Committee to resolves differences when a bill, or 
part of a bill, or an article in the bill, is adopted by one Assembly and 
not adopted by the other Assembly.
(b)     The Joint Committsee shall be set up with equal representatives 
from the two Assemblies.
(c)     The Joint Committee is set up for the purpose of working out the 
differences of the said bill. The Committee is automatically dissolved on 
the completion of its task.
(d)     A bill that the Joint Committee cannot resolve shall be 
considered a dead bill.
(e)     If amendments or alterations to the bill are approved by the 
Joint 
Committee, the bill shall be sent back to the Assembly where it was 
introduced. If the bill after it receives approval in the original 
Assembly, is approved by the other, the bill shall become law.
(f)     The bill referred to in paragraph (e) fails to receive adoption 
in 
accordance with Article 74 shall not be considered in the Joint 
Committee again. The bill shall be considered a dead bill.
 
ARTICLE 77. DEAD BILL
 
A dead bill without amendment or alternation shall not be reintroduced 
again in any Assembly within a period of 2 years from the date of its 
rejection.
 
ARTICLE 78. PROMULGATION
The Federal President of the Federal Union shall sign and promulgate 
every bill adopted by the Congress of the Federal Union within 14 days. A 
bill shall become law, even if the Federal President of the Federal Union 
does not sign the bill at the end of the 14 days period.
 
ARTICLE 79. LEGISLATIVE POWERS OF THE FEDERAL UNION
 
The Congress of the Federal Union shall have exclusive Legislative 
powers in the following areas:
(a)     Foreign Affairs.
(b)      Defence of the Federal Union. 
(c)      Postal and communication. 
(d)      Producing and distribution of currency notes and coinage, and to 
regulate the value thereof. 
(e)   Declaring war and peace, and to enter, ratify and revoke 
international treaties.
(f)   The annual Federal Union budget and accounts, and foreign 
monetary transactions relating to banking. 
(g)   Transportation and trade within the Federal Union in relation 
Federal Union road, rail and air transportation, and international air 
and sea transportation. 
(h)      Citizenship and immigration. 
(I)       Broadcasting and television services. 
(j)       Banking services. 
(k)     Laws and by-laws relating to the election of the members of the 
Congress of the Federal Union. 
(l)       Laws relating to the army, navy, air force and police force of 
the Federal Union.
(m)     Declaring and revoking emergencies in the Federal Union 
(n)      Census. 
(o)  Production, sale and importation of arms, ammunition and 
explosives. 
(p)     Regulations relating to rivers and waterways that flow through 
one member  State  to  the   another.
(q)       Law  and  by-law  of  the  Hunman  Rights Commission.  
(r)     Matters relating to refugees and political asylum.
(s)     Laws relating to copyright and printing.
(t)     Regulations relating to customs, export/import and taxation.
(u)     Regulations relating to foreign ownership and transfer of land.
 
ARTICLE 80. CONCURRENT LEGISLATIVE POWERS
 
National States shall posses Legislative Powers concurrently in relation 
to the following areas:
(a)     Purchase and Sales tax, business enterprise tax,  income tax.   
liauor and tobacco tax, port tax and other similar taxation matters. 
(b)      Protection of the environment, flora and fauna and similar   
matters. 
(c)      Addictive and dangerous narcotic drugs and similar matters. 
(d)      Collection of census, registration of births and deaths and 
matters relating to population. 
(e)      Federal Union energy and development projects within a State. 
(f)      Exploration, mining, extraction and sale of natural resources 
within a State. 
(g)      Investment by foreign governments and companies with a State and 
similar matters. (h)Broadcasting, radio and television services. 
(I)       Banking services. 
(j)       Transfer of homes, premises and land matters. 
(k)      University education matters. 
(l)       Sea and coastal transportation, and weather forecasting 
services. 
(m)     Regulations relating to rivers and w                       The 
term of the Justices shall cease:
                    (a) At their own request.
                        (b)     On conviction of any criminal offence and 
being      sentenced to a   term of  imprisonment.
                        (c)     On being permanently incapacitated, and 
unable to perform their duties.
                    (d) On committing gross misconduct.
                    (e) On attaining the age of 75 years.
 
ARTICLE 114.IMPEACHMENT
                        
                        (a)     The Federal Supreme Court shall 
investigate and determine the capabilities or  the integrity of Justices 
that serve in the subordinate Courts of the Federal  Supreme Court.
                        (b)     A Joint Committee comprising of equal 
number of representatives of the  National Assembly and the People's 
Assembly shall investigate and submit theirfindings to the Congress of 
the Federal Union on the capability and the integrity   of Supreme Court 
Justices.
 
ARTICLE 115.IMMUNITY
 
The Justices shall not be charged for performing their judicial duties 
and their resDonsibilities . 
 
                     JURISDICTION OF THE FEDERAL SUPREME COURT 
AND
                                             ITS  SUBORDINATE  COURTS
 
ARTICLE 1 16.JURISDICTION
        
                        (a)     The Federal Supreme Court and its 
subordinate Courts shall have jurisdiction over the following matters:
                               (i)      Interpreting of this Constitution.
                               (ii)     Disputes under this Constitution.
                                  (iii)       Disputes relating to the 
Legislative powers of the Federal and State   Legislatures.
                                   (iv)       Disputes between the 
Federal and the State governments.
                                   (v)   Disputes between State governments.
                                   (vi)       Disputes  between  a  
State  and  a citizen  of  another  State.
 (vii)     Applications for the transfer of cases from one State Court    
to  
another State Court. 
(viii)      Jurisdiction disputes between Courts. 
(ix)        Disputes involving diplomats and maritime disputes. 
(x)         Disputes between citizens of different States. 
(xi)        Disputes between a citizen of the Federal Union and a   
foreigner arising out of acts committed within the territory of the 
Federal Union. 
(xii)        Disputes arising out of ratified agreements, or agreements 
pending ratification by the Government of the Federal Union, domestic 
company matters, citizens and foreign governments, and foreign 
companies and  foreigners.
(b)       The Federal Supreme Court shall in relation to proceedings in 
respect of the above paragraphs (a)(i)(iv)(ix) exercise its original 
jurisdiction and in the remainder of the matters exercise its appellate 
jurisdiction in accordance to the laws enacted by the Congress of the 
Federal Union.
 
ARTICLE 117.MATTERS RELATING TO THE CONSTITUTION
 
(a)       The Federal Supreme Court shall investigate whether a State 
Constitution is in conflict with this Constitution, and report to the 
Congress of the Federal Union. 
(b)        The Supreme Court shall report to the Congress of the Federal 
Union, whenever Federal Union law or State law is in conflict with this 
Constitution, or whenever a State law is in conflict with a Federal Union 
law. 
ARTICLE 118.ATTORNEY GENERAL
                       (a)      The President of the Federal Union shall 
appoint a person proposed by the   Prime Minister of the Federal Union 
and approved by the Congress of the  Federal Union, as the Attorney 
General who will advise the Government of the Federal Union on all legal 
matters.
                       (b)      The Attorney General shall have his or 
her office in the Federal   Supreme Court   and shall have the right to 
attend sessions of the Congress of the Federal Union  without any right 
to vote.
 
 
                                                             CHAPTER 9
 
            BASIC PROVISIONS CONCERNING THE FEDERAL UNION
        
PROVISIONS RELATING TO THE DEFENCE OF THE FEDERAL 
UNION
 
ARTICLE 1 l9.COMMAND AND SUPERVISE
 
(a)     The Federal Armed Forces sha be established under the 
Federal Ministry of   Defence to defend the Federal Union from external 
danger, and shall be under  the command and the supervision of the 
Federal Defence Minister.
(b)     No person in active service in the Federal Armed Forces shall be 
appointed  Federal Defence Minister.
 
ARTICLE 120.MATTERS RELATING TO DEFENCE POLICY
 
The Federal Defence Minister and the Federal Union Government shall 
formulate policies on defence matters, which will be implemented by the 
Federal Armed Forces.
 
ARTICLE 121 .ESTABLISHMENT
 
(a)       In accordance with the requirements of the Federal Armed 
Forces,    the Army, Navy and the Air Force shall be established.
(b)       The  Federal  Armed  Forces  units  shall  be  established  
from  
the     proportional  contribution  of  personel  from  the  States.
(c)     The Congress of the Federal Union shall enact laws on the
            constitution of the Federal Armed Forces.
 
ARTICLE 122.DEFENCE ACADEMIES AND OFFICERS
 
Separate Defence ACADEMES shall be established for the Army, Navy and the 
Air Force and cadet officers from the States shall be entitled to 
proportional attendance.
 
ARTICLE 123.STRENGTH
 
The Strength of the whole of the Federal Defence Forces shall not exceed 
---------------
 
ARTICLE 124.CHIEF'S OF STAFF
 
 
(a)    The Federal Defence Forces Chief's of Staff Committee shall be 
composed of one   Commander from each State. 
(b)      The Federal Defence Forces Chief of Staff shall be selected from 
the Chief of Staff's Committee on a annual rotating basis. 
(c)     The selection shall be by the Federal Prime Minister of the 
Federal Union choosing and submitting a name to the President of the 
Federal Union for appointment.
 
ARTICLE 125 THE DEFENCE BUDGET
 
The Federal Defence expenditure shall not exceed ---- % of the total 
income of the Federal Union.
 
ARTICLE 126.PROHIBITION
                       
 The Federal defence force shall, except when carrying out its duties, 
it  
shall not:
 (a)    Interfere in political matters.
 (b)    Involve itself in the benefit and interest of an individual, 
organisation, or group.
 (c)    Invve itself in economic or business matters.
 (d)    At any time or in any situation announce a State of emergency. a 
military  administration. or martial law.
 
ARTICLE 127.ABIDE BY THE LAW
 
The Federal Defence Force shall abide by this Constitution and the laws 
enacted by the Congress of the Federal Union.
 
ARTICLE 128.DIRECTIVES
 
Directives, other than the defence of the Federal Union from external 
enemies, shall be done with the authority granted by this Constitution.
 
ARTICLE 129.COMMAND
 
The President of the Federal Union shall take command in a State of 
emergency under his or her authority as the Supreme Commander of the 
Federal Defence Force and assume direct command of the Federal 
Defence Force, a command under normal circumstances, being under the 
Minister for Defence.
 
ARTICLE 130.EDUCATIONAL PROGRAMS
 
Basic military training, non-commissioned officers training, refresher 
training, special training, higher training, military academy, military 
camps and all other military training, shall include as part of the 
training course the following:
                      (a)         Basic principles on democracy and human 
rights.
                      (b)         Civil  administration  and  its  advantages
 
ARTICLE 131.PEOPLE'S DEFENCE SYSTEM  
                    
The Congress of the Federal Union shall enact laws on "Defence Service 
Lawfor the Citizens of the Federal Union" based on the 
following:                       
(a)     All citizens reaching the age of maturity shall attend basic 
military  training and  serve in the military for a set period.
(b)     All citizens employed in the civil service, after completing 
basic          military  training shall be organised in reserve forces.
(c)     The strength of the Federal Defence Force shall be a minimum 
force in time of   peace, and organised into a maximum force when the 
Federal Union is  threatened by external enemies.
 
                       PROVISIONS RELATING TO FINANCIAL MATTERS
 
ARTICLE 132.IMPLEMENTATION BY THE MINISTRY OF 
FINANCE
        
(a)     The Ministry of Finance of the Government of the Federal 
Union shall  implement financial laws that have been adopted by the 
Congress of the Federal  Union.
(b)     The Ministry of Finance shall prepare the Federal Annual 
budget and through  the Government of the Federal Union introduce the 
budget to the People's  Assembly.
 
ARTICLE 133.FINANCIAL MATTERS
 
The Government of the Federal Union shall collect the revenue of the 
Federal Union, grant development aid to National States, borrow and 
repay loans on behalf of the Federal Union, pay the expenses of the 
Federal Union, and salaries of the civil servants of the Federal Union.
 
ARTICLE 134.THE FEDERAL UNION BANK
 
A Federal Union Bank shall be established which shall be free to manage 
monetary matters, and be free of political interference. The bank shall 
issue currency notes and coins for the whole of the Federal Union, the 
value of which shall have a convertible capacity in the international 
currency market. The branches of the Federal Union Bank shall be 
established in all States in the Federal Union.
 
ARTICLE 135.DIVISION OF BUDGET FOR UNIFORM 
DEVELOPMENT AND           SPECIAL PROVISIONS
 
The Government of the Federal Union shall divide finance, money and 
special provisions to National States and Nationalities States in 
proportion to the development of the region.
 
ARTICLE 136.MONETARY PROVISIONS
 
(a)         All income of the Government of the Federal Union shall be 
deposited in the Federal Union Bank. 
(b)         No person shall have the right to withdraw money from the 
Federal Union Bank contrary to existing laws. 
(c)        The Government of the Federal Union shall not have the right 
to invalidate currency in circulation.
 
ARTICLE 137.DIVISION OF MONEY FOR REGULATION OF 
STATE MACHINERY
 
The Government of the Federal Union shall have the responsibility to 
solve the financial crisis of a National State, when a situation arises 
and a State although systematically regulating its financial matters, can 
no longer carry out its functions due to its financial deficiency or is 
about to arrive at such a situation, by the Government of the Federal 
Union's direct assistance to that State or by arranging financial 
assistance from other States.
 
ARTICLE 138.APPOINTMENT OF CHIEF AUDITOR AND CHIEF 
REGISTRAR
        
(a)     The President of the Federal Union shall appoint the person 
nominated by the  Prime Minister of the Federal Union and endorsed by the 
Congress of the  Federal Union as the Chief Auditor. The Chief 
Auditor shall have the right to  audit the financial accounts of the 
Federal Union independently. The findings  of the Chief Auditor are to be 
submitted to the Government of the Federal  Union and the Congress of the 
Federal Union.
(b)     A Chief Auditor and an Accounts Department shall be 
established under the  Government of the Federal  Union
 
ARTICLE 139.PROVISIONS FOR TAXATION
 
(a)    The Ministry of Finance of the Federal Union shall implement 
taxation matters in accordance with this Constitution and tax laws 
enacted by the Congress of the Federal Union.
(b)    The Ministry of Finance of State Governments shall implement 
taxation matters of the States, in accordance with the laws enacted by 
the Congress of the Federal Union as set out in this Constitution and the 
laws enacted by the Congress of the States.
(c)     The National States shall have the right to utilise the revenue 
received from taxation for various State projects and for the development 
of the State. 
(d)      No taxation shall be imposed on matters not contemplated by tax 
laws.
 
                   PROVISIONS FOR WORKERS AND FARMERS
 
ARTICLE 140.RIGHTS OF WORKERS
 
            (a) Workers shall have the right to equal pay for equal 
work without discrimination  of sex.
            (b) The Federal Union shall arrange employment and the right 
to work in order that  every person who works shall enjoy the right to a 
just and equitable remuneration, ensuring human dignity.
            (c) The Congress of the Federal Union shall enact laws 
guaranteeing workers rights  to permanent employment, welfare, social 
security, justified working hours, eave and compensation.
            (d) The right to form workers unions, the right to 
assemble, in  accordance with the  law relating to workers rights.
 
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 Part (1) of Federal Constitution
 ABSDF (Dawn Gwin)
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