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CONSTITUTION OF
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
=
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.
---------------------------------------=
-----------------------
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.
(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.
(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=
span>
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
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
Aung San
[This text is taken from pp404-405 of Hugh Tinker's
Ethnic groups including Araka=
n,
Karen, Karenni, Kuki,
<= o:p>