CONSTITUTION OF MYANMAR

CONSTITUTION OF MYANMAR

RIGHT OF SECESSION

201. Save as otherwise expressly provided in this Constitution or in= any Act of Parliament made under section 199, every State shall have the right = to secede from the Union in accordance with= the conditions hereinafter prescribed.

= 202. The right of secession shall not be exercised within ten years from = the date on which this Constitution comes into operation.

= 203. 1) Any State wishing to exercise the right of secession shall have a resolution to that effect passed by its State Council. No such resolution shall be deemed= to have been passed unless not less than two-thirds of the total number of members of the State Council concerned have = voted in its favour.

Burma

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A conference having been held at Panglong, attended by certain Members of the Executive Council of the Governor of Bur= ma, all Saohpas and representatives of the Shan Sta= tes, the Kachin Hills and the Chin Hills, the member= s of the conference, believing that freedom will be more speedily achieved by th= e Shans, the Kachins and th= e Chins by their immediate co-operation with the Interim Burmese Government, have accordingly, and without dissentients, agreed as follows:=

(I) A representative of= the Hill peoples, selected by the Governor on the recommendation of representat= ives of the Supreme Council of the United Hill Peoples, shall be appointed a Counsellor to the Governor to deal with the Frontier Areas.

(II) The said Counsellor shall also be appointed a member of the Governor's Executive Council without portfolio, and the subje= ct of Frontier Areas brought within the purview of the Executive Council by constitutional convention as in the case of Defence and External Affairs. T= he Counsellor for Frontier Areas shall be given executive authority by similar means.

(III) The said Counsellor shall be assisted by two Deputy Counsellors representing races of which h= e is not a member. While the two Deputy Counsellors should deal in the first instance with the affairs of the respective areas and the Counsellor with a= ll the remaining parts of the Frontier Areas, they should by Constitutional Convention act on the principle of joint responsibility.<= /p>
(IV) While the Counsellor in his capacity of Membe= r of the Executive Council will be the only representative of the Frontier Areas= on the Council, the Deputy Counsellor(s) shall be entitled to attend meetings = of the Council when subjects pertaining to the Frontier Areas are discussed.

(V) Though the Governor's Executive Council will be augmented as agreed above, it will not operate in respect of the Frontier A= reas in any manner which would deprive any portion of these Areas of the autonomy which it now enjoys in internal administration. Full autonomy in internal administration for the Frontier Areas is accepted in principle.<= /span>

(VI) Though the question of demarcating and establishing a separate Kachin State within a U= nified Burma is one which must be relegated for decision by the Constituent Assemb= ly, it is agreed that such a State is desirable. As first step towards this end, the Counsellor for Frontier Areas and the Deputy Counsellors shall be consu= lted in the administration of such areas in the Myitkyina and the Bhamo District as are Part 2 Scheduled = Areas under the Government of Burma Act of 1935.

(VII) Citizens of the Frontier Areas shall enjoy rights and privileges which are regarded as fundamental in democratic countries.

(VIII) The arrangements accepted in this Agreement= are without prejudice to the financial autonomy now vested in the Federated Shan States.

(IX) The arrangements accepted in this Agreement a= re without prejudice to the financial assistance which the Kachin Hills and the Chin Hills are entitled to receive from the revenues of Burma= and the Executive Council will examine with the Frontier Areas Counsellor and Deputy Counsellor(s) the feasibility of adopting for the Kachin Hills and the Chin Hills financial arrangements similar to those between Bu= rma and the Federated Shan States.

SIGNATORIES

Sawbwas: Tawnpeng, Yawnghw= ei, North Hsenwi= , Laika, Mong Pawn, Hsamonghkam
and representative of Pawnglawng.
Shan people: Tin E, Kya Bu, Sao Yapa Hpa, Htun Myint, Hkun Saw, Hkun Htee

Myitkyina<= span lang=3DEN-GB style=3D'font-size:10.0pt;font-family:"Courier New";mso-ansi-l= anguage: EN-GB'>: Sinwa Nawng, Zau Rip, Dinra Tang
Bhamo: Zau La, Zau Lawn, Labang Grong

U Hlur Hmung, U Thawng Za Khup, U Kio Mang

Aung San

[This text is taken from pp404-405 of Hugh Tinker's Burma: The Struggle for Independence 1944-1948 (Vol. II) London, HMSO 1984]=

Ethnic groups including Araka= n, Karen, Karenni, Kuki, Naga, Pa-O, Palaung, Rohingya, Wa, etc., did not sign the agreement because of either not invited or doubting = the sincerity of the majority Burman ethnic group. Unsatisfied with the agreement, the ethnic group like the Karen armed themselves against the Burmese government. Even the ethnic groups who signed the agreement also later on withdrew from the agreement as the new governme= nt was lacking federalism, which means the major Burman ethnic leaders were obsessed with chauvinistic ideas with a lion's share.

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