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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
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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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