You are on page 1of 35

1

' Let us build a non-disintegratable Federal Union of
Myanmar .
D R AFT
by U Shwe Ohn .B.A.,B.L.,D.M.A., Advocate .
( Note for citations:- -At the back of the book , Books of Reference, are mentioned under 5
headings.i.e. (A)Constitutions and Constitutionalism -28- books,(B)History-43-books,
(C) Politics-75-books (D) Personal Collections-8-books or Files and (E) Files-9-files .
In the citation , if it is shown as e.g. C-11/p.199, please turn to page 199 of Reference
Book No. C-11,i.e. nDnGwfa&;ta&;awmfykH )

Foreword
Let me introduce myself to the audience , before proceeding further .
( 1 ) I am a Shan national among the 8 principal races of Myanmar ,
but not a narrow nationalist ,anyway.
( 2 ) I am an ardent believer in a Shan-Myanmar friendship since my
early childhood, and therefore no inkling of any anti-Myanmar feeling ,
though some of my frank and sincere remarks may mislead the reader .
( 3 ) Like in the example of two men, one riding on the shoulder of another,
the man on the shoulder does not feel the weight felt by the one below. But
the man below knows the burden from experience . I am speaking from
the stand-point of the one below ,who knows by experince .
( 4 ) I am 86 years old, and , a part-time politician, so to speak , because
my political experiences of 70 years were intermittent from time to
time. And I am not claiming myself to be a political leader anyway.
Besides, I had studied history,politcal science and law in my University
days and am still studying as a hobby uptil now, without claiming to be an
academician. Anyhow I can confidently say that I am an above-average in
those fields . So I am submitting this paper as a historian, as well as, in
those capacities as academic awareness based on my own experiences .
( 5 ) I am a believer in a true Federal Union of Myanmar. Therefore, my
remarks and suggestions aims for a perpetual Federation only. You may rest
assured that I am not repeat not a secessionist .
PROLOUGE
Since the very beginning of State Building in 1948 , we had erred
by building a bogus (or) quasi federation instead of a true federal one ,and
it has lasted uptil now for about 60 years.Of course two attempts had already
been made to rewrite the constitution ,but it had gone from bad to worse .
This essay is just an attempt to find out the disease in our so-called
Federal Union of Myanmar and point out a proper medicine.The success
or failure of the attempt will depend on how our Federal citizens re-act .

2

We must be able to see our problems in a true perspective. With
this purpose in mind , I will try to point out , in short (a) history of
Myanmar with emphasis on how our ancestors had arrived and settled
in various parts of the country (b) how their culture and civilization had
evolved uptil this day,forming wide gaps among themselves .(c) how British
colonial masters had utilized those gaps to their advantage , and practised
divide and rule policy (d) how our nationals had acted and counteracted
among ourselves (e) how we had erred at the time of drawing our constitutions and how to amend them (f) how we should amend our ways of
thinking among our-selves and eradicate unnecessary mis-understandings
among us ,i.e. among different races, tribes and clans and also among
different stratas of society (g) how we should see the picture of a true
federal state in a proper perspective and lastly (h) how to amend those
errors in all repects .
Chapter I .
A short history of Myanmar and its inhabitants .
( A ) Ancient and Mediaeval .
Archaeologists say that man of about forty million years' ago had
lived in Myanmar. But historians say that those ancient man have migrated
to the south and can be found only as Salons in Mergui Archipelago. The
present inhabitants migrated mostly from Tibet Highlands and a few from
India.They were in 3 different groups ,namely (1) Austro-Asiatics,(2)TibetoBurmans and (3) Tais. Under Austro-Asiatics , Mons, Palaungs, Pale's and
Was were listed.Tibeto-Burmans,western branch consisted of Nagas,Chins,
and Kachins, while eastern branch consisted of Burmans , Rahkines ,Yaws
Tavoyans , Inthas ,Lishaws , Danus, Lahus, Karens, Kayas, Paohs, Padaungs
and Pare's and under Tais , there was only one race , e.g. Tais or Shans.
Out of them, 8 races,i.e. Kachin,Kaya, Karen,Chin, Burman, Mon, Rakhine
and Shan are outstanding, the remainder being 127 tribes and clans.
Those races , tribes and clans, totalling 135 , migrated into Burma
wave after wave,differing for so many decades,the latter pushing the former,
and dispersed very widely when they finally settled in Burma.Those lucky
settlers e.g. Burmans,Mons,Rakhines,Karens had settled in fertile ,flat, delta
and coastal regions and thus got the chance to improve their standard of living enormously, while unlucky settlers e.g. Shans, Kachins, Chins , Kayas
and so many others moved to higher up mountains and hills ,were stuck
up in their old ways, their speed of advance slow like a snail, and thus ,after
so many decades,their standard of living , culture , education , health ,etc.
left far behind after other luckier brothers.(See B-5/p.128,B-8/p.1,B-29/36,
B-13-14)

3

Those settling in the plains, delta and coastal regions founded city
states and later kingdoms and dynasties, while settlers on the hills remained
under their feudal chiefs ,such as Sawbwas in Shan Hills, Sawkais in Karen
Regions,Duwas in Kachin Hills, Taung Oaks in Chin Hills and Sawpyas in
Karenni States.
It is noteworthy to know that there never was such a State as Burma,
until it was formally declared as a Federated State in the name of Union of
Burma in 1948.Here the statement made by Bogyoke Aung San on 16-6-47
in his 7 directives ,was an example and should be quoted .In that speech, he
stated as follows."Now, we had not constituted a STATE yet in BURMA."
( C-72 ./p.34 ) Before that period,they were only Kingdoms such as
Prome,
Pagan, Ava, Sagaing, Pinya, Hanthawady, Mandalay, etc…… , centering in
their respective cities. They were parallel kingdoms mostly and there were
some annexations among themselves at times.But their domain never extended beyond the area we later called Burma Proper . Mon and Rakhine had
their seperate kingdoms until they were annexed later .
Burmese kings never bothered to rule over the hilly areas .Relationship between them was just as kings and vassal chiefs, the latter paying
tributes , daughters and ralatives to the King occasinally,recruiting and sending warriors in time of war,only foregoing their suzerainty,but never losing
their sovereignty.As for Shans,they even ruled over Burma ,founding a Shan
Dynasty for about 200 years .( See B-8/p.58 )It was also noteworthy that the
Shan Kings of Burma treated their Shan Sawbwas as their vassal Chiefs.
The Karennis were left out of Burmese Kings' control under a treaty with
Kinwun Mingyi and British authorities .(B-9/p.82) Rakhines and Mons were
annexed later.And,thus,when King Thibaw was dethroned in1885,the Shans,
Karennis, Kachins and Chins were left with their sovereignty intact.
Here I shall have to elaborate to some extent about the sovereignty
and seperate idenitity of those peoples,starting from Shans and Burmans . In
earliest times of history ,there were 9 principal Shan States,popularly
known as " Koe-Shan-Pyi " or " Nine Shan States ".They were 3 States in
the north known as " Mao Shan States , and 6 States in the Eastern Hills
known as " Kanbawza Shan States " .When the British annexed Thibaw's
Kingdom in 1885 ,those 3 Mao Shan States together with some portion of
Momeik State
were taken direct under their own,amalgamating with SagaingDivision. And
thus the status of sovereignty of Mao Shan States was eliminated while those
in Kanbawza State was left with their sovereignty intact, though under
their sovereignty .

the Kachins would like themselves to be transformed as Burmans . about the identities we have preserved about ourselves .they were simply put under the rule of British Governor together with Shans. under pressure .Zomies. and when I came back I simply said " I came back to Shanpyi " or " Shan country ". they simply recognized themselves as Tashones.their area was simply referred to as Kachin Taung . Kachin State was only creation of Panlong Agreement in 1948. and so much fighting was faced in occupation that .I) /p. only in 1896. from time immemorial and thus we were inclined to long for a separate state by ourselves .They simply loved to accept their identity as Kachins or more correctly as Jinhpaws ( B-43 (Vol. very clearly. Hwanlangos. They opposed British Forces very arrogantly that they were annexed only in 1889. they identified themselves as Kayas . I would like to point out shortly . (B-9/p.As for themselves. after 11 years of King Thibaw's dethronement that Chin Hills was finally occupied or pacified. I belonged to Yawnghwe of Southern Shan States . They reserved and valued their own identities in their own tribal names .This showed we felt our seperate identities. They were treated as backward and governed seperately as Kachin Hill Tracts. after annexation. As for Karennis.with Viceroy of India in 1875. Burmans regarded the Kachins as a wild tribe and would not treat them as equals .(See A-10/p.As in the case of Shans.So also.94 ) Chin area was more difficult in communication and transport . Kachins and Chins .But by a treaty made by King Mindon.82) the Karenee States were recognized as independent from Burma and so. Liazos. Burmese suzereignty over them was almost nonexistent in spite of a few mobilization as soldiers in marching towards China .In spite of this .4 At this juncture . Lushays.a sort of 2 seperate peoples serving under the same British Crown. you would be mistaken if you think that . Kunlis. Zahongs. when I went to Man dalay or Thazi I simply said "I will go to Bamapyi " or " Burmese country ". and so. Zingyets. in my young days.They had to send tributes to Burmese Kings and conscript fighting man in times of war . In the days of Burmese Kings.Not so. Their aloofness from the Burmans is also proved in post-occupation days. Burmese sovereignty over the Kachin area never existed .16) and nobody else .etc… so many tribal names.Chin is only a word used by Burmans to denote them. Similar feelings of seperate identity had to be recognized about other ethnic national peoples also .not . just four years after annexation of King Thibaw's kingdom in 1885. Burmese kings had no sovereignty over them but only suzereignty . They emphasized this fact in post independent days.

The conquering British took lessons from their Indian experience i. in .Kachins.October. The British Forces could annex the Shan States only on 1 st.5 even as Karennis as they were popularly called by the Burmans . e. Kachin Hill Tracts only in 1893 and Chin Hill Tracts only in 1896.was given by the British Gov-ernment. January. using the diplomacy of divide and rule. which was more friutful and advantageous politically. with the except-ion of Shan States. King Thibaw's territories become Britain's territory with effect from 1st. Thus. They took about 10 years to pacify the remaining hilly areas .3 months earlier. saving cost of administration by indirect rule and .1922 .1923.e.the plain areas were administered directly by the British. a Round Table Conference was summoned in London in 1930.February. keeping Indian Maha Rajas aloof from remaining Indian states. Burma got the status of Diarchy Administration with effect from the 2 nd.g. all indegenous races . ( B ) Modern . Kachin Hill Tracts and Chin Hill Tracts . Due to various grievances of Burmese politicians against the Diarchy System. but the whole country was not easily subjucated . As we all know now . it is clear that . Under the India Act ( Administration) of 1919.36 ) ( b) Shan Sawbwas' desire in 1930.when Burma was annexed finally. No direct reply. (1)Evolution leading to formation of " Burma Proper and Excluded Area. Therefore . January.in 1948 . the eth-nic nationalities were adamant not to build a Unitary but a Federal State. especially in the plains . Shans . Shan Chiefs put up their grievences against the administration under the system of Federated Shan States. Shan Chiefs were not allowed to attend but were only permitted to put up their case through the Secretary of India in Britain.Chins and Karennis had preserved their own identities apart from Burmese . Many insurrections arose nearly all over Burma . and it took about a year to pacify them .whatsoever. 1886.That is the most important reason why in the time of founding a new nation.while the Hill areas were put under indirect adminstra-tion through their existing Chiefs ." (a) Earlier days under the British . However various Shan States were amalgamated into Federated Shan States witheffect from 1st.1889. on the other hand.In this First Round Table Conference. which were treated as " backward tracts ". However. held in 1930 between the British Government and Burmese leaders. ( C-1/p.

e. to the Shan Chiefs dated 28-91930.He was one among the feudal chiefs.1935. however . 12. titled *Errors of the Shan States* ( in Burmese ) At this stage. Hkun Kyi. In that Union. They were proud of their ancient independence. The Shan States . "After making known about the Talaings. Chins Rakhines . (b) Their ancient rights .E. Under . and were totally different from the Burmese. The Shan Chiefs desire to state that Shan States have never been treated as part of Burma. ( See excerpts below ) 10.the name of a man who should be remembered and revered as the first Shan citizen ( a Paoh or Taungthu ) who wrote and spoke about politics in the Shan States.( i. one rank below that of a Sawbwa._ynf. (c) It should be on the same lines with the Indian Princes and(d)Hereditary rights of Shan Chiefs shall be acknowledged and safeguarded.Taungthus. (&Srf.customs and privileges shall be unaltered. the Governor of Burma. He was. As such .e. 11.September. but as Myosa .some thirteen years before the founding of the Union of Burma in 1948 . would not object to a federal form of Government with Burma in the future constitution of Burma on condition that (a) No interference in the affairs of the States.In 1936 only. Unitary State ) . Karens.The Shan States were always part of British India.that U Tin E . (1) Government of Indian Act of 1935 and (2) Government of Burma Act of 1935 were promulgated . not as Sawbwa. not part of Burma. a Shan citizen among the masses sprouted as a politician along with the Rangoon University Students' Strike . Khun Kyi wrote a book in Burmese about politics.Shan States'affairs should be expressed.the status of Shan States shall be just below Burma.i.but wanted only to be incorporated as part of a " United States of Burma ". i. all the Shan Chiefs' opinion were evident that they did not want to be part of Burma State(i.After that Burma should be formed as a federal state in the name of (United States of Burma)." (C-10/p14) (d) Conclusion .The following extract showed how he had dreamt of a Federal State of Burma.e. the year next.awmfykH) which can be translated as" Errors of Shan States ". Federal State ) As a result of these deliberations . as a sort of reply .Kachins. His state was just a small one and he was designated .trSm.e." (c) Opinion of Hkun Kyi ( Myosa of Hsatung ) in his famous booklet of 7th.6 a letter from H.I shall have to mention for the sake of history. the Chief of Hsatung State in the Southern Shan States.

not Federal Union) (3) At the first Congress of A.F.L. for 31 years . ( 3 ) A brief history leading to the founding of the Federal Union of Burma in 1948 . held in 1938.These Part II areas were considered as more advanced.P.e. though it was not written so in the Act itself.F.P.No mention of the word Federal Union .under that ugly name. Kachins. (C-1 /p. Chins. it literally meant just a Unitary State . All the other areas of Burma not included in this schedule are simply called as " Burma Proper ". a resolution was passed saying * By the term Burma's Independence.1945.e.7 this Government of Burma Act.which is not originated yet . These areas were hence regarded as " excluded areas ".M. or regarded as " non of our business".B.Part I consisted of Shan States.two parts were defined. (2) Only in the Fouth Congress of Dobama Asi-ayone.F. Part I and Part II .the Myawadi Circle. (1)Since the days of Young Mans' BuddhistAssociation(Y.Just a vague declaration. Chin Hill Tracts. It is a sorrowful affair to note that most of our Burman brothers failed to differentiate and appreciate those two important values .Interests for other indigenous people were ignored. Under the above schedule. Though those regions were called as back-ward.57)*(But.their sovereignty was kept intact . Karennis and Karens.e.L. at Moulmein.Burma's political struggle was directed only for independence of Burma i. some areas were excluded from the application of this Act.i. it declared that an Independent Burma will be built according to the wishes of all indigenous races of Burma.(Burma Proper only). of August. Kachin Hill Tracts.'s Con- . (a) Burmese political leaders' opinion evolved on the question of the Federal Union. and some others.the 3 backward peoples were sovereign.(C-1/p. As such. i. Burma was divided as (a) Burma Proper (or) Ministerial Burma and (b) Backward Areas. (2) Backward or Excluded Areas .F.Part II consisted of Kya-in township. to a higher level. As such. while Burmans in the plains lost their sovereignty. held at Naythurein Hall on 19 th. it also includes independence of Shans.1935. and Second Schedule was attached to the above Act defining the areas to which Special Provisions apply.133) (4) First hint of a Federal Union came out during A.though administrative status of Burma was raised from the status of a Province of India to a separate country .) in 1908 to the days of Dobama Asi-ayone in 1939.A. Karen Hill Tracts in Toungoo and Thaton Districts.

6. made a speech. under the auspices of Shan State Freedom League demanded to unite Shan States with Burma Proper with the right to scecede. This was a clear demand for a Federal Union .250 ) (7) One day after that. January. and Kachin delegates. a term not yet coined.F. stressing for a common struggle against British Imperialism. February.1947.8 gress on Shwedagon's Middle Terrace from 17th. the indigenous races shall have the right to scecede. and was delegated as an observer to the Panlong .1947. But U Saw spoke for a common struggle for independence with an emphasis that only after attaining independence .but as the word "scecede" was related only to a Federal Union . and after consultation with other indigenous races.155) (6) A clear demand for a Federal Union first came out in the Declaration No.F.(C-1/p256) (8) On that very evening of 6 th. at a preliminary meeting of Shan Saohpas .( C-1/ p.it did not mention a word of Federal Union. itself had yet no clear-cut idea about the creation of a Federal Union. we'll cooperate with Burma in the Constituent Assembly.L. 1946 Thakin Nu on behalf of A. a day before departure to Panlong . to 28th.138 ) th (5) At the first Panlong Conference held from 26 . A clear demand for a Federal Union. Bogyok Aung San told Mr.It stated in its attitude No.it decided that they will agree to participate in the Governor's Execetive Council if (a) equal status is given (b) Kachin separate State is granted and (c) right of scecession is recognised. He did not mention a word about "federation". a mass meeting held in Taunggyi.L. March. 1946.F.P.In U Pe Khin's Resolution No. wish to stay alongside Burma Proper in a new Constitution . Demand for a Federal State ( C-1/p. It may be .P. to 23rd.Chin delegates supported above decision on 7-2-47. but .(C-1/p.7 also. ( C-1/p. a political ambiguity also for U Saw. who was Under-Secretary of State for Colonial and Domonion Affairs in the British Government.252 ) ( 9 ) At a meeting held at Rangoon on 7 th. Karens)in Resolution No. Shan Peoples's delegates . but not a word of Federation. on the eve of Panlong Conference on 6-2-1947. it may be regarded as the first hint about a Federal Union . announcing minorities' rights(i. if solemn promise is received beforehand that (1) equal political status. February. These facts revealed that A. not Union of Burma. on the eve of Panglon Conference. 3 that " To gain strength after attaining independence.It vaguely said that Burma will be reformed as an " Association of Burma". (2)internal self determination and (3)the right to scecede is granted .e.F. Arthur Bottomley.4 of Shan State Freedom League issued on 5-2-1947.

uawmifwef. 1947. in the course of defining 7 directiv principles. I have to quote again Bogyoke Aung San's speech made on 16-6-47. at the opeening day of the Constituent Assembly .246 ) ( 10 ) On that very night. ( C-1 / p._zpfaptJ .258) th th ( 1 1 ) After 2 days' .277 ) ( b ) The Unwritten Agreement (or) Panlong Spirit . ºonfwdkif.&eftvdkhiSg uGsefawmfwdkhoabmwlnDcsufawG/pmcsKyftrsKd.Bogyoke Aung San was prepared to accept the terms . February.9 Conference . a never-thought-of and historic decision was passed by a mass meeting in Panlong.1947 . February .udkuGsefa wmfwdkhvufcHvmcJhonfhtwdkif. i. on 10 . agreement was reached on the night of 11th. and 11 ._ynf_yKv$wfawmfrzGJhpnff.1947. ( 1 3 ) Before proceeding further on this subject . February.a'oqdkif&m pkHprf.just before departure for Panlong .tzGJhtpD&ifcHpmrSmaxmufcHcsufrsm.It was just a clarification that he was prepared to grant a Federal Union of Burma. some explanations had to be made in order to understand the subject fully . the right to secede from the Union shall be acknowledged ._ynf_yKv$wfawmfzGJhpnf. a clear decision that the Shan Chiefs were now prepared to accept a sort of unity with Burma. These terms will have to be finally decided at the coming Constituent Assembly. This is the Written Agreement popularly known .and no rights of the Shan Chiefs will be jeopadized . ( C-1 / p.csKyf wJhtcgwkef.(1) a Federation will be established (2) Political equality will be granted (3) Right of selfdeternination shall be given to the States and (4) the right to secede will be incorporated. 7 th.fawGeJh usGefawmfwdkhcsKyfqdkcJhwJhpmcsKyft&qdkvdkh7Sdv#if_z ifh_zpfap/ aemuf_yD. ( C-1/p. with a few clarifications.as follows .February. demanding that the old Federal Council of Shan States shall be abolished in lieu of the newly proposed Shan States Council .pm. of demands made by leaders of Frontier Leaders.a&.awmhawmifwef.rsKd.e. A clear political weather for Bogyoke Aung San under which to negotiate at the Panlong Conference .rDtcgrSm wdkif. ( C-1 / p.i. the historic Panlong Agreement was signed on 12-2-1947.vS. Aung San and party heard this news in the morning of 8 th.e.e. Gen. that he was prepared to grant internal autonomy to Highlanders. of hard and but sincere bargaining between Bogyoke Aung San and Frontier leaders .274 ) ( 1 2 ) Based on those agreements . i.

wdkhudktwif.ygbl.tm.vnf_yD.frsm.f ?» (C-2 / p._ynf_yKv$wfawmfxJa&mufvmwJhtcg/ aoaocsmcsmem.fuudk.qdkwmtwnfhtvif._cm. We will not break any promises given or understanding reached as Imperialists used to do.wJh onfpmoabmwGifrubJ ( Not only the letter of agree-ment ) onfpmoabmudkuGsefawmfwdkhoabmwlnDvmcJhwmwGifrubJ uGsefawmfwdkhtbdkhrSm qdkvdkh&Sd&if (The spirit of agreement ) oabmwlnDvmcJhwJhwu.udkvufcH_yD.If any one doubt . and had also accepted the recommendations made by the Frontier Areas Commiittee of Enquiry._yD.f? uGsefawmfwdkhay.fqdkif&m udk.uwdESifhem.om.oabmwlcsufawGudk azgufzsufrnfvm. cGifh_yKcsuft&a_ym&v#ifuGsefawmfwdkh&Jh ( Sense of honour ._yD./ oabmrwlbJraeEdkifwJh ta_ctaersKd.vnfapcsifygw.uGsefawmfwdkhrvkyfygbl.vdrfwJh enf.We would ask the Hill Peoples' Delegates to accept that we will also follow the same principles in this Con-stituent Assembly .462-3) ( C-72 /p. vnf_yD.em.em.om.om." We had reached prior agreements between the Hill Peoples' Delegates and us .uwd/em.e. before the agreements were actually signed . we had followed not only the letter of agreement but also the spirit of the agreement or basic reasons leading to those agreements .eJhr#uGsefawmfwdkh Armvlrsm.fawG[m wdkif. In doing so .f? tJonf awmhuGsefawmfwdkhay.vS.om.vdkuGsefawmf wdkhazgufzsuf_cif.vS.fpm.vnfapcsifwmu b.-35 ) ºIt can be translated precisely as follows.e.om.oabmw lnDcsufwdkht&awmifwef.vdkhoHo._zifhuGsefawmfwdkh _ynfaxmifpkxJrSmroGif.vnf_yD.uwd/ em.oabmwlnDcsufawGudke.fvdkhuGsefawmfwdkh.ESifhvnf._ynf_yKv$wfawmfrSmvkyfrSmygbJqdkwm/awmifwef .fht&if.udkvufwvkH.v nfapcsifygw.Sense of self-respect . Sense of pride ) wdkhudkapmfum.&SdwJhvl awG[mOuUXrif./tJonf vdkay.bJ onfwdkif.fcsJhorm.om.fpm._yD./ wnfhwnfhvif.lqygw.rvkyfygbl.w.cHoabmw&m.vif. awmh/ onftwdkif.10 onfvdkvufcHxm.fenf.pk_zpfwJhvlawG[m cifAsm.

Sense of self-respect . repeat. I have just mentiond above that. will expect such a thing.you'll see between the lines. on the opening day of the Constituent Assembly .g. . Bogyoke Aung San had submitted two documents before the Assembly.F. Chapter II ( A) The Constitution of the Union of Burma ( 1947 ) (1) Deviation from the Panlong Spirit from the outset . as the President of the A.L. I'll have to say that it is an insult to our " Senes of honour.new Federation will be formed in 2 stratas (1) Burma Proper taking the place of Federal Union (Higher) and (2) other component states(Lower). (2) There shall be political equality. (4) Right of Secession shall be granted .with the permission of the Speaker . For the people in those days. but I have to say so with clear conscious. 1947 . (3) Internal Autonomy shall be given---and. But. June.in his speech on 7 directive principles. had clearly promised to abide by both the letter and spirit of agreement. But. e. Bogyoke Aung San .» So in conclusion. February. The Panlong Spirit can thus be summarised in a nutshell. on 16th. These 2 documents were found to be deviating from the Panlong Agreements. 1947 were supposed to be built.Please let me elaborate. It is both very embarrasing and dangerous to mention that Panlong Spirit was so deviated from the very outset. I will sum up that all the events mentioned from para (1) to (3) above were distant and from para (4) to (10) were immediate causes evolving for so many years and leading to signing of the Panlong Agreement.if you read it carefully. Sense of pride . because I sincerely believe it to be true . At that exact moment. on which foundation the Panlong Agreement of 12 th.you will not notice any thing important or extra-ordinary after the first reading.11 whether we will break our promises . or after some months of couse . In the draft constitution . because nobody at that time in his right sense. Nobody will have any doubt about that . as follows:( 1) A Federated States of Burma shall be constituted. but please let me remind you that on that same occasion. or the Unwritten Agreement . (1)Draft constitution adopted by the AFPFL and (2) Seven directive principles to be followed by the delegates . inclusive of all Frontier peoples and . These are the Panlong Spirit.P. people were simply awed and could not notice any significance in the document.F.

like a banyan seed. while the other constituent states. Burma Proper at the higher tier. was laid in the foundation of the Constitution. and Thakin Nu spoiled the show during his tenure.the seed of destruction. direction 2 also stated in vague terms which is analogous to A. The final result was that the Union so constructed became two tired. according to my historical understanding. but the status of Burma Proper was just kept silent. and if the unwritten Agreement to that effect was to be valued so much. deviation from the Panlong Agree-ment could not have resulted.which led to formation of Burma Proper as a Union State. a status below Burma Proper.In paras 2 & 3 of the draft constitution of A. i. U E Maung. most of our citizens tried to put the blame of failure in the Constitution on Thakin Nu . for whose collaboration I will have to point out in later pages.The couse of our history may have altered in the right direction.L. All believed that everything Bogyoke Aung San touch. Bogyoke's successor. must turn to gold. In the Directive Principles. His esteem at that moment was so high that.P. But I shall have to point out here again that.F..Those 2 parallel documents were drawn under Bogyoke 's guidance .In the Convention held at Burma Broadcasting Station in 1962.but his later actions . The failure to mention so is presumed to be intentional . as shown in the Bogyok's above speech . leading to the final blow by Genaral We Win in 1962.will show Bogyoke's similar intentions and thus does not help that oversight theory. and in due couse of time it deterioated itself.F.e. anyone who questioned against him must be an outcast or an idiot.while the remaining States were left as ordinary States. were left downstairs.a few important points which led to such confusions had to be pointed out. At this point.12 myself . I can say that this is clearly wrong factually.It desccribed how the other constituent states other than Burma Proper are to be constructed. In this regard. which is the foundation of the agreement should be mentioned elaborately as one of the guiding directives for the delegates attending the Constituent Assembly. Bogyoke Aung San was simply infallible.'s draft constitution.If this was done so.One may argue that it might have been done due to an oversight. This is the main defect from which other defects and grievances followed.F.P.F. which was the direct outcome of Panlong Agreement. this Panlong Spirit . the Judicial Minister.L. as U Aung San cannot be wrong . culminating into inequality.had eluciated clearly that Bogyoke Aung San's deeds and . how the new Union of Burma is to be constructed is mentioned. Panlong Agreement was the base of the Union of Burma.

Now in our country. and adapt correctly.625-6 ) Likewise. Chin Hill Tracts and Karenni States were amalgamated with Burma Proper to form . At this juncture.As for myself. It had been stated earlier that in drawing a constitution for a Federal Union . All the good. and their experience but we should not slavishly follow them. so to speak.I have to stop here. we had copied heavily from U.Shan States. ( C-6 / pp.K. thus save expenditure)( C-2 / p. When we consider our own case we should also take our own conditions and circumstances into account. We have also to look to the future. Kachin Hill Tracts. Now certain parts of our country are not as advanced as other parts. so to speak.which was a Unitary State.g. there were much discrepencies in civilizations. so to speak. But we must take lessons from other models. (e.If. we have erred much. So in such circumstances. we should consider whether we can adopt the principle that all units are equal..204-208 ) And I have to concurr with him after careful study and consideration.483) As he pointed out correctly.I think it will be most appropriate to refer to Bogyok's speech in English made at the First Meeting of the " Union and States Sub-Commiittee " of the Constituent Assembly . in future.13 directions were meticulously followed and there is no deviation in its course. We shall. Many other approaches existed and alternate and better approach or tactic may cure the defects more efficiently.we have different region with varying types of civilizations. It is correct to say that we should not copy the other Constitutions slavishly. on 23-6-47 as follows:" I think it is a truism to say that we cannot blindly copy any foreign constitution. and when we come to think of this factor.we mean to plan our national life and develop it systematically then we should consider whether any arrangement now made might hamper any attempt to develop the country as a whole………" (C-2/p.it is to be considered whether it is possible for us to adopt the same kind of principles which might hold good in the case of equally advanced units of the same country. and their constitutions.No seperate Legislature for Scotland but only a sub-committee consisting of Scottish members of Parliament took the responsi-bility for Scotland. as well as bad results lied on Bogyoke Aung San squarely. as Bogyoke had stated. ( 2 ) Adaptation from Wrong Models . take lessons from other countries. In this respect . But how to adapt those conditons is a different matter .will have to be judged by future historians only. of couse . Scotland and Ireland were amalgamated with Britain to form United Kingdom. How much my deduction in this respect is true or not.

changed his position towards a Federal Union .1947. as Jawahalal Nerhu's house guest.Rau.. for Independence talks . Ali Jinna .This is just a brief expression .N.S.R. the Constitutional Adviser of Burma . Before the Constituent Assembly was convened in 9 th. so he took the opportunity.L. May.N. it will be no doubt that the preliminary constitution drawn by A. in April 1947. because this wrong policy caused so many grievances between the Burmans and the indigenous races and finally resulting in the ruin of the Union . before proceeding to England. Bogyoke sent U Chan Htoon. B.which the world had never experienced. to 23rd. At that moment .F. lastly they moved independently and heavily to an extreme type.his knowledge of Federal principle may be only sketchy. and some more explanations in support of it .P. All Burmese political leaders. but his knowledge of constitutional law may not be sufficient enough for the occation . but leaned more towards India and Canada . After the Panlong Conference . 1947.F. Nerhu and Mr.including Bogyoke Aung San were primarily in favour of a Unitary State.N.Rau . and were starting to draw their respective constitutions. Conference held from 19th. to India. Conference .) ( 3 ) Bogyoke Aung San. a one-time criminal lawyer turned politician.S. to stay some few days in India.F. which were Quasi Federal ( This aspect of adaptations from India and Canada will be discussed more in detail in the paragraph below.14 Union of Burma. Bogyoke Aung San was also a law graduate and he had just returned from England .B.P.to get further advice from Mr.Rau while in India . India and Pakistan . 1947 just before the start of A. with fresh knowledge in constitutional law he had gained from Mr. No seperate Legislature for those States were to be established just on the ground of saving expenditure. it drew up a draft constitution under the patronage of Tha-kin Mya .I have pointed out that it was a wrong policy of penny wise and pound foolish. and U. B. June .L. at the A. only after some discussions with Frontier leaders just before departure to Britain in 1947.Rau .L. will have to be made .B. Conference shall be under Bo Gyoke Aung San's guidance . He was a well-respected political leader also.N.A. Bogyoke Aung San had discussions with Mr.F. supposed to be an expert in constitutional law.F. So. had already been granted Dominion Status at that moment . No doubt they had adapted some few points from U. the sole Architect with guidance from India .U Chan Htoon came back to Burma in May.And. But later.S.Bogyoke Aung San.P. The first preliminary draft which was put up at the Conference .F. under the guidance of Mr. but mostly with Mr.

by Mr. and they finally refused to follow the Canada example . .and left the whole matter with Bogyoke Aung San alone . ( C-2 / p.So.The constitution of U.1 to 7 ) When the Australian Constitution was in the making. it is clear that our constitution was much overshadowed by India.but to make the picture more vivid .A. It may amount to blowing my own trumpet . 35-38 )India was facing the problem of Indian Princes. and Canada Constitutions. I have to elucidate my personal experiences with Bogyoke Aung San. I have chosen that way.A.N. ( A-2 / pp.They were merely Quasi-Federal States. the Australian lawmakers reviewed both U. he won't neglect them.B. In support of my above opinion .430-431 ) Furthermore.Thus the Canadian Constitution was put to the forefront and copied much to their advantage. honouring his sense of straightforwardness and character . we will have to trace back the international constituional making history. it has already been stated somewhere above. But in the case of India it was the other way round. Rau.15 .The real fault was with the other leaders who failed in their duty to do so .( C-2 /pp. was the one drafted .S. the top leader of the country . which was quasi-federal.but he was also amenable to criticism . shall we put the whole burden of failure of the constitution on Bogyoke alone ? It will be unfair to do so.The delegates from the Frontier Areas were far more handicapped in this matter. in detail. and when the Canadian constitution was drawn later.who came purposely to Burma's Constituent Assembly.S. thus Burma was reduced to a lesser bogus Federal one. in English and brought back by U Chan Htoon.for necessary corrections. no doubt . So.and Bogyoke Aung San's approach was identical with India and thus followed India and Canada as the models. in clear conscious . in 1900 .A ' s principle of granting minority rights was reduced to the possible minimum.Rau .thus Bogyoke Aung San had to shoulder this immense burden unaided.Burma was facing the same feudal problem.it was again submitted to Mr.S. After the Consti-tuent Assembly had completed its final draft constitution .Burma's other leaders were not matured enough in the constituional matters and could not make any useful suggestion or criticism. Bogyoke Aung San was . If the other Burmese leaders.to understand our case of constitution making properly. that the British majority took the upper hand over French minority and the U.was a model drawn in 1789 .Their feudal status had to be reduced and minority rights to be curtailed to the possible minimum. as well as leaders from the Frontier Areas raised any criticism or objection in his policies.

The independence was in a critical stage . . .I was much delighted . while the Sawbwas were in full control . All the political leaders of Shan States People's Freedom League . I was assigned as the Executive Committee Member in S.S. So.As I was also a part-time politician. I was just a student in the Rangoon University in day time. I have attended the Panlong Conference from the earliest days to the end. All accepted and was submitted accordingly in the S. I tried and got the opportunity to attend the Conference as Myanmar Alin's representative. February. Council next day. I. was carried with the tempo of the time.while I myself took as de facto co-leader.being a parttime politician. I was assigned to act as Chairman of the Panlong Mass Meeting. Thus we can check the feudal lords for the time being.I decided to quit my University classes .S.we should have two seperate Houses. February. The political tempo was accelerating rapidly from day to day culminating to the signing of the Panlong Agreement on 12 th. as a preparatory body to attend the Constituent Assembly . with equal powers.F.e.took the position as de facto leader. and in a few days. On that very day I acted as chairman at the Panlong mass meeting .L.which was soon to be convened .P. the Upper House for the Sawbwas and the Lower House for the people.So. the farewell gathering for Bogyoke Aung San.16 At the time of Panlong Conference.S.I took the lead in the discussions and pointed out that the strength on the side of the masses was not strong enough yet.May to discuss the matter . and serving as part-time Night Editor in the Myanmar Alin(Light of Burma )Newspaper.as President of S.a special meeting of the SSPFL was convened on the night of 15th.Council was to decide for the guidelines to be followed in drawing up the constitution for the future Shan States.L. (S S P F L) attending the Conference at that time were co-leaders in the anti-feudalism struggle.while we build up our people's strength and prepare for the second round of fight with the feudal system. 1947. S.P. to join politics again.after the day Panlong Conference was concluded .At the S.So I got the first oppor-tunity to aquaint with Bogyoke Aung San . 33 Shan Chiefs sat on the right side of the Speaker.Council. in 1947.F. so to say . of course . on 13th. The Sawbwas also accepted our proposal and our scheme of two houses in future Shan States was unanimously passed and our future strategy was soundly established. a position I have claimed for myself. i. and I decided that I had to accept the call of the times. on the stage.S.So . One of the main tasks of the S.was nominated as one of the Peoples' representatives to attend the first " Shan States Council " . and only casually .U Khun Saw.( say Government side ) while we 33 repre-sentatves sat on the left side( as Opposition ).

I had to think of my personal problem .By continuing in a struggle . the delegates for the people shall be devoured by Sawbwas one by one .P. he and U Tun Myint were in opposition with Shan Sawbwas on the question of office of profit .and in close contact with me .I read from the newspapers that A. and will be overwhelmed by the Sawbwas in the coming Constituent Assembly .Only when the conversation seemed to pause I asked Bogyoke for permission to say some words .If they were to sit in a single house in equal numbers. but still filled with dissatisfaction regarding A. By that time. It was in agreement with the news sent from our delegates in Rangoon. Sunday . within a short time .So I decided to quit politics again and returned to Rangoon University. and more intimately also.F.had finished drawing a draft constitution.June to discuss this matter with him. As far as I understand. and some other leaders were assigned the task of attending the Constituent Assembly .for some moments. I just sat and watched in silence. Thus. while U Tun Myint . independence was a near certainty.I put up my case of single house system for the Shan States. Within a few days. one for the Assembly and the other to organise the masses for future struggle.L.Besides . two groups were chosen among the leaders. in the first week of June. which seemed unfruitful . I will accompany them on that occasion.17 When we choose for the delegates to the Constituent Assembly. they both were planning to go to Bogyoke's house on 29th.F.S. While they talked about " office of profit" affair . for which he granted.'s decision to accept only singlehouse system for the Shan States. the then Secretary of S.such as deers and tigers .I was much disappointed .F. June.as it was diametrically opposed to our strategy adopted in our Shan States Council . by which all the Sawbwas shall have to quit their right to stand for future elections . At that moment I was not much interested in the " office of profit " affair .L. I learnt from him that in the meetings of Sub Committee for Union and States Affairs . their constitution meant only a single House for our Shan States . Then only. three of us were in Bogyoke's house . I suggested to U Tin E that . I had to lose my education.P. .F. which was to fight for independence in one year.L.F.P.I told him it will be at a disadvantage for the Shan masses .which he accepted.I had a second chance to meet Bogyoke again in person .Sawbwas and the mass were two adversaries . I was left behind with others for organisation purposes. Within a few days U Tin E was nominated as a special member in the Constituent Assembly and thus arrived back in Rangoon . on the morning of 29th.

But in 1962. after two wars. U Tin E . and most of us were just novices in that matter .when the subcom-mittee for that purpose meet in August.those same delegates were staunch fighters for a change criticising the Constitution. had been ruined and have to be started from the ashes . U Dein Ratan of Kachin State. (2) At the first session of the Constitutnt Assembly.We Shan leaders were mostly preoccupied with antifeudalism and all our energy were centered on that objective too much.P. however poor we may be . Bogyoke replied with his own 2 questions . We had to be very careful in spending our resources . that . (3) At that moment . U Tun Myint of Shan States .I am no more a politician but just a student and hoped the finishing task will be carried on by U Tin E and colleagues.Duwa Sinwa Naung .Federalism was our cherished goal. including myself . he will without doubt listen carefully.S. But I am sorry to say that they had failed to do their part . We had to start with a loan from Britain.18 Then only .Then only Bogyoke made the remark that .In the Constituent Assembly. but I have to do so as they are of historical importance." From where you will get money?. I have spent much time and space in this matter. It made me clear in the following points:(1) Bogyoke Aung San was a man of reason.L. I was much relieved to learn that the question we are worrying is not hopeless as we had understood . and Chin leaders etc…were all present . including such dignitaries as Sao Shwe Thaik. . and From where you will get man power ? " Then he proceeded as follows . for the sake of power .when Bogyoke gave his speech and 7 directive principles. if other responsible delegates made suitable remarks and criticisms. and we knew only just a few important ingredients of a federal state . However." I retorted him .Of course. He was amenable to criticism even from a young student such as myself. they were wise enough later.were not matured enough to face the situation effectively.The only disdvantage was that our leaders did not talk. but we did not know how to build a federal state.Our political experience was very tender .They were simply unprepared or immature for the task.almost all the delegates from the Frontier Areas. Duwa Zaw Laun . " Our country. We all left those matters to .Man power is also in short supply. the question of number of Houses for the Shan States was not yet decided by AFPFL and that question was to be resolved by the Shans themselves.only clapping their hands in full support. to admit their wrongs made before . I think some amount of money should be spent . the leaders of S.But at that time .F.

a time limit was deemed required to be set and so demanded one year'stime. and patriot giving his whole lifetime and his life at last. for the sake of the country's independence.P.They will do the needful for all of us . Other delegates who failed to take their part of responsibility along with Bogyoke should take their responsibility also for their lack of sufficient support.This concept of economy was repeated byU ChanTun often.F.U ChanTun. Great Britain granted their Dominion States.Only after some time . e. India 3 years and Pakistan 9 years respectively to prepare for their constitutions. Therefore.204) I have stated clearly and uneqivocally that Bogyoke had made some mistakes. especially Bogyoke Aung San .but it really was repetitions of Bogyoke Aung San's words .we began to know the defectives in our constitution .with full faith and trust. I can say with all my head and heart that he erred so not on his ill will but on his misjudgement alone. ( 4 )Time taken too short and interrupted by the Great Assassinations .We must acknowledge that he was left without any sufficient help in this immense struggle. The British granted accordingly. Even if he was regarded to be inclined to the wrong side in assessing the Frontier peoples. Constituent Assembly was started in 10-6-1947 and as it has to be approved by the British Parlament in December 1947. and its leaders .hard working.L.while I am now putting the blame on those leaders.g.19 the A.so short a time for the task.and demanded by the Sawbwas themselves in the Constituent Assembly. Burma's Constituent Assembly have to complete the draft by end of September 1947. (5)The concept of economy in money and manpower was originated by Bogyoke himself and followed faithfully by U Nu.as the last date to grant independence.(C-6 / p.in the Constituent Assem bly.548) This caused much disadvantage in the coming years.was our thinking . sincere .etc.But we had to recognize that he was a selfless. but too late.So to be on the safe side. about 4 .But he could be liable to err as a human being.intelli-gent.Politics was a teamwork and if the game failed .F.. But Burmese leaders from the very outset did'nt expect to get their quest for independence so easily and thought the British Imperialists may drag on unnecessarily. (4) Two houses system for the Shan States was unanimously resolved in the Shan State Council .yet Shan leaders of the people led by U Tin E himself failed to change their stance.I have to admit that I am also one of them . and he was only 32 years old then.it was not only the captain but also the whole team who were to be blamed .The result was that Shan Sawbwas took the lion's share in the Shan State Council upto 1962 when the Constitution was dissolved . ( C-2 / p.We should forgive and forget him for that.

and thus culminating to a unitary state. July and so a few days elapsed in a most sorrowful state. Bogyoke Aung San and party were assassinated on the 19 th.Thus Federal theory of equality was lost structurally from the appearance.K.on the principle that the States and Central Governments should be independent and seperate from one another. Burma Proper stood in the centre as a basic State without losing their identity. The States' right of selfdetermination was destroyed .there was no check and balance. Dis-satisfactions arose out of this wrong structure.Kayah and Karen . Chin and Karen States. ( 1 ) Points . This unequal or inproportionate representation should be ratified. in short . The central Government was formed with a majority Burmese Ministers. (a) Inequality in the basic structure. Thus it is not strange that the constituion so produced was full of defects. As in the U.20 months' period. should be followed . and amalgamated Shan.Kachin.This prerogative right gave the Prime Minister of Central Government to accept or refuse the elected person thus.So.then followed by actual practice. in a great haste. ( B ) Defective points in the Constitution .Switzerland's example. In fact.The Burmese were always in great majority thus making the State Ministers' presence ineffective always. Their model was Great Britain. added by a minority members representing the States.representing the Centre. and thus some conflicts arose from time to time. choosing the Head of States as Ministers in Central Government was structurally wrong .amalgamated by other states gradually.. in the defective Constitution .Shan . Chin States etc…… as satellites after the Panlong Agreement.Such form of Federation never existed in history and we stood as an extraordinary one. thus federal principle of equality disappeared.e. (d)Constituent States were not equally represented in the Upper House . (c)The principle of the Heads of Constituent States representing in the Central Government is wrong. But the Heads of States were also to be cho-sen by their respective State Councils .Under this practice the Prime Minister of Central Government got a prerogative right to appoint according to his decisions. (b) The Central Government was not represented equally or proportionately.So the remaining task for completing the constitution was rushed in remaining 2 more month's time.g.a country based on England in the centre.

misunderstandings. to save money.Chin Special Region--8.It was clear that our Federation was wrongly built.It was not a Union of Burma composing of two Units. Karen State—3.if two houses have to sit a joint sittin g. Other Karen Nationalities—24 and Burma Proper--53. by not setting up a seperate Burma State .House of Representatives must have double number of seats as House of Nationalities.and it was a fair representation.size. (e) No equality between the House of Representatives and the House of Nationalities . which was more worthy than money.It was a case of penny wise and pound foolish.each constituent State should have an equal seats as a free and equal partner. Clearly unfair indeed.in the House of Nationalities. in case of dispute between them . Kachin State--12.21 We see that.This showed that. House of Nationalities had no right to initiate Money Bills ( the most powerful ). in its sittings.In fact. It was totally wrong and unacceptable. . both men and money was saved . and it was for the good of the State. the House of Representatives shall always have an upper hand. Then . why did they failed to constitute seperate Burma State apart from the Union and save money likewise. It would be more correct in form and save money as well. (g) Wrong practice of Burma Proper by not equally representing as a seperate State with other Constituent States . and grievances among the different nationalities.g. They choose not to make separate elections for Union Parliament and Councils of Member States .Shan State--25.This shows that.Reasons given for saving in menpower will face the same answer. But this fundamental fault caused many dissatisfactions.as all the States combined got 72 seats while Burma Proper got only 53 seats.the members were represented as follows:. (h) Reasons given that there was a wide difference in population.for not constituting a separate Burma State. For choosing this wrong practice.This clearly showed that Burma Proper had taken the lion's share over its constituent units. ---e. therefore House of Nationalities was reduced to just a show-case. or just a paper tiger only . Burmese leaders led by Bogyoke Aung San gave their reason as economy both in men and money.Neglecting this reasonable method.It was totally wrong. and wealth. Section 83 (2) enacted that.showed that their reasons were just excuses only. (1) Burma Proper as one unit and (2)the other 5 States combined as the other unit.and wrongly represented as well. (f) No equal Power between two Houses . They reasoned that . I think it amounted to unjust and unfair judgement on the part of Burmese leaders.

Karen. Kayah. i.etc… We have clearly shown in the foregoing history section. that we had build a Federal State.1974.Shan.they simply accepted the accusation that they were followers of the Greater Burma mentality .U. because they were just administrative regions .there were sufficient reasons to conclude that if the negotiations were allowed to go forward as planned..22 In building a Federal State.We have to leave the third for practical purposes and will only discuss the remaining two. The Constitution of the Socialist Republic of the Union of Burma . was just in the horizon. 9 & 10) on which our Union of Burma was built .. All the 8 reasons shown above were more than enough to conclude that the Federal State we had formed in 1948 as " the Union of Burma " was not a true Federal State but only a Bogus or Quasi-Federal State at best .(1) sovreignty of the State and (2) Its voluntary decision to enter the Federation is the most important ingredient to be considered If those two ingredients were clearely proved.in our own peculiar way.Yugoslavia .etc.wealth.e. We have said enough about the Panlong Spirit (pp. or ( r[mArmEdkifiHawmf ) .which was certain to be doomed.such as U. When we tried to amend the then Constitution in 1961. Just a sketch treatment will be enough for this section. later invention of General Ne Win. population. They were in short (1) Political Equality (2) Right of self determinitaion and (3) Right of Secession.g.Switzerland.South Africa.while the 7 divisions had no sovereignity at all . there was a possibility that a common solution acceptable to both. or only a Unitary State.S.is to be so doomed in later couse of time. which were not equal in status..or a Greater Burma State . Kachin. The 7 States e. (1) No Political Equality.S. by refusing to acknowledge the equality between Burma Proper and other States. Not at all. may not be on equal status .population. Chapter III. (2) Conclusion to be drawn .This Federation was just a union of 7 states and 7 divisions. etc….wealth. I would like to express the whole situation. though may not be the best.Chin.A. Mon and Rakhine had their own sovereignty.R. (1) Political equality and(2) Right of self determination. Thus . But we were unlucky .the same way as"the Burmese Way to Socialism".in " a Burmese Way to Federalism ". then there is no question of size.S. that the eight States now composing our Union were all sovereign or semi-sovereign although their size.as clearly practiced in other Federations.

there was a vast difference between these two . The Constitution expressly enacted that it will practice a centrally controlled system of Government .Thus right of self determination was non-existent. ( 5 ) Conclusion to be drawn . leading to final establishing of the State Law and Order Restoration Committee in 1988. have to expose it in short. Constitution of the Republic of the Union of Myanmar( 2008. and thus its control and high-handed-ness was evident . In the above heading. political equality was destroyed from the origin.during a conversation with her on this subject. There was no flow upwards. black market flouished and the prices sour. Only Burma Socialist Programme Party was allowed to exist . Machinery of distribution of commodities were not worthy enough . (2) No Right of Self Determinition . Thus the States had no authority to act themselves inedependently.23 forming a part of the States and as such . All these factors made the general public disgruntled and the country was forced to a status of Least Developed Country . Chapter IV.By combining those dis-similar units together . but only the " wise "can see it. Many Chinese businessmen were forced to leave their business. (4) Centrally controled economy. So. All the foreign ventures had to abandon their enterprises. (3) It was just a one party State.Daw Aung San Suu Kyi . Above factors led to the downfall of General Ne Win's government and mass demonstrations in the streets of Rangoon.) ( A ) Preliminary period before the National Convention . All the private enterprises were eliminated . thus a political ploy was practiced . causing a lot of grievences . I . Burma Proper which was eligible only for a constituent State was intentionally divided into seven states to have more seats in the Union. All the State ventures showed no progress and their productions were inferior as well as dearer.expressed her acceptance of this policy as unfair .the word " Militaric " was written in bold letters.and thus power was held at the top and flowed downwards through 4 levels of (1) Union (2) State or Divisions (3) Townships and (4) Wards or Village Tracts. ."the wise".Most of the Indian busines -smen were forced to leave the country.Therefore the economy of the country was forced to the standstill.

had gained about 85% of the seats in the General Elections. and the N.The 2 leaders were duly reinstated in their posts. during the country tours of U Tin Oo and Daw Suu Kyi . while the remaining seats went to their hand-picked persons .D.D.'s attendence. U Tin Oo and Daw Aung San Suu Kyi. were detained for their failure to cooperate with them.L.a negligible portion.24 Under the SLORC's supervision.the State Law and Order Restoration Committee. (1) whether it is a .D. members of the Convention raised some questions regarding the procedures of the Convention .D.L. International observers were not invited or simply rejected. and they had to bow down. After some months. The authorities continued the convention without N. the convention was reconvened .only a few outstanding ones. ( B ) Defects of the new Constitution .the President and SecretaryGeneral of N.and no proper enquiry was made by the authorities.Instead.D.which they were unhappy .L.L. was invited again.L.convened a National Convention of its own. There was no alternative under such pressure .L.the winning N.D. U Tin 0o and Daw Suu Kyi were put under house arrest again .Thus . as claimed by the authorities. The N. a general election was held in 1990 with a promise that the Military will leave after handing over the Government to the winners in the elections.their National Convention proceeded according to their whims and wishes. Meanwhile. That completed draft constitution was approved with 92% supporters in the Referendum .L.L.In their absence the remaining Exective Committee Members were given pressure to attend the Assembly convened by them . against the solemnly declared promises made by the authorities themselves.So N.but to no avail .Instead of exposing the culprits .Their 2 leaders had to be expelled from their responsibilties.but paring U Tin 0o and Daw Suu Kyi from death.possibly under undue pressure.In the Convention the N. objected the results as the Referendum was not free and Fare.Out of over 1000 members so choosen for that occasion. delegates refused to attend.the Parliament was never convened and was thus refused to call a National Convention.and the draft constitution completed during that period. a massacre occurred near the village of Depe'yin causing many deaths and casualities.But no reply was given after which they were dismissed for default to attend the Convention.D.U Tin Oo and Daw Suu Kyi were released from detention. Many fled the country. Though the N. without solving the existing differences . got only 83 seats. Out of many defects.D. After some months.

a basic classification in democracy have to be explained. by the People. This two sections shall have to be examined together.As such.We have to adhere to the internationally accepted definition of President Abrahim Lincoln of the U. (2) Consensus Form is mostly followed in Federal States . Nazi Democracy. and exert reciprocal control. Section 8 mentions that " The Union is constituted by the Union System. Guided Democracy.nobody or class has a special place. multiple democratic system is quite enough for the matter.Opinions of different groups had to be taken into account to get consensus agreement.inserted only to justify some deviations made in their own interests. The words to the extent possible"is superfluous and should be deleted. Fascist Democracy.Proletariet Democracy. executive and Judicial are equal.because of existing various kinds of races .Socialist Democracy..disciplined multiparty democratic system ".for it gives room for the authorities concerned to intervene whenever they desire to do so.etc.for the people. two basic forms of democracy arose e. Communist Democracy.25 democratic one and (2) whether it is a Federal Republic will be discussed .Those who gets a majority vote in the General Elections gets the chance to form government of their choice.the respective sections of the Constitution will be mentioned.Westminister Form denotes the form followed in United Kingdom. Therefore.Besides .A.all citizens are equal and thus.e.we have to judge according to how much their methods correspond with the Consensus form of Democracy .S.etc…. Section 11(a) says " The 3 branches of sovereign power.( A-28 / p.one fouth ) . e. as " The Government of the people.We proceed under this principle Section 7 mentions that "The Union practises genuine. legislative. ( 1 ) Democractic Principles .race.in democratic countries .Working Peoples' Democracy.cultures. such as . Before going further.disciplined democracy is un-democratic .languages . where there is no much questions about.to the extent possible.In this discussion.g. Section 14 says that "The ---Hluttaws include the Defence Services Personnel as Hluttaw representatives nominated by the Commander-in-Chief of Defence Services in numbers stipulated by this Constitution. and methods of forming governments occurred in couse of time.(1)Westminister Form and (2) Consensus Form. check and balance among themselves ".This practise was usually followed in European States. culture.(i.27) (1)In most simple terms. and thus destroy the real purpose of the law in a democratic State." Genuine.. I have to remark that the word "disciplined "is an unnecessary adjective. As differences in methods of elections.religions . religion. in assessing the correctness of the Federal States.language.g.

161(d) prescribes that in forming the Region or State Hluttaw.. This is against the principle of real democracy .headed by Chief Ministers and Ministers to be appointed . which is in contravention with the democratic principles . States and Divisions were proved not to be equal politically and so this section is totally wrong . ( 2 ) Federal Principles . S. S.109 prescribes for formation of Pyithu Hluttaw of 440 members.This will be against the democratic way of governing .." It is doubtful the Government will follow the spirit of the law. in case of emergency.60 prescribes the method of Electoral College for selecting President . these two categories e. i. Pure deviation from usual democratic practice . 330 will be elected popularly while 110 will be nominated by the Military. as in previous practices .which will be in a overwhelming majority.the remaining 75% also is greatly overshadowed by them. 38 says every citizen have the right to be elected. direct intervention in their internal affairs.Pure deviation from usual democratic practice . Self Administered Area. So. 26(a) says that "Civil services personnel shall be free from party politics."As already explained previously on p. S. S.By constituting these States and Divisions of unequal nature into a Union in S. S.this right will be much curtailed.Against both democratic and federal principles. S.the President can impose his own power directly in the States.Union Territory. ( c) and 410 combined prescribes that . No popular selection for the President and against democratic principles . or Region.in reality.141 prscribes for formation of Amyotha Hluttaw of 224 members. in para.26 This practice clearly destroys the democratic principles . State employees and in party apparatus .g. in way of their influence in Armed Forces. 168 members will be elected popularly while 56 members will be nominated by the Military.one third of all the members shall be nominated by the Military. but in reality. nominated by the Commander-in-Chief …….Defence Services Personnel.Purely against democratic practices. 25% is in their pocket.(1) in Chapter III.21. It really amounts to election of a Senior Military Officer to the Presidency ." This clearly shows the interference of the military in the executive branch .49 is against the principle of Federal Union . 17(b) says " In the executive of ….. Ss..248 and 262 combined prescribes for the formation of Region or State Governments.e.to undertake responsibilities …. Section 9 (a) says " The existing 7 Divions ----and 7 States are of equal status. S.40 (a) . S.

and Was……. and try to see all the inhabitants of Shan State as " Going the same journey . ( 3 ) Regarding Tribal Affairs . ( A ) The Doctrines of " Fait accompli " and " Real-politik" (1) Dictionary meaning of the words . I had the opportunity to put up my suggestions to the Constituent Assembly . S.Lahus. and moved to worse . and they are not to be elected by the State authorities but simply appointed by the President . But .in the same boat " as the Burmese proverb says . in 1974 . in real perspective .Inthas.Palaungs.27 by the President .And this is why I have to mention this event as praiseworthy .Danus. The above findings clearly conclude that this socalled Republic is not Democratic as well as not Federal Union at all ./ wpfc&D. Chapter V Facing the Future .at last .one exception is to be praised.The method of amendment in Constitutions are regarded as(1)Rigid and (2)Flexible.all the occupants will be sinking as well . A very peculiar kind of federal union indeed . but to no avail . They are not Heads of States or Ministers of States of a constituent State of a Federal Union .As mentioned before ..The present method does not fall in those 2 catagories and should simply be classified as (3) Impossible . as a whole is in a losing position . It prescribes that it shall be amended by prior approval of more than 75 % of all the representatives of the Pyithu Hluttaw which is impraticable. and to worst . there resided 8 races .are its occupants .436 prescribes the method to amend the Constitution .Shan State .g.e. Those tribes are given better seats in the Shan State boat which is in a sinking position .Not a federal union . Kokants. thus tatalling 135 . as the whole Shan State being a boat . we have started from bad. Palaungs. approximately 40 tribes and roughly near 90 clans. This peculiar form of our State should be more meaningfully termed as" The Militaric Republic of the Union of Myanmar. i. in which Shans. " .xJoGm.Pa Ohs. as mentioned in detail above. granting of autonomy rights to some tribal peoples.Was. In spite of all the failings in this constitution .Kokants.Karens.Danus. requesting to grant such rights . "wpfavSxJpD.and if the boat sinks . . Paos . I likened this position. e. and Nagas. In our Union . I request our tribal friends to see the picture.

28 Before proceeding further . 2008. is out of question right now.In place of narrow Nationalism or Regionalism . what shall we do now? Please let me explain in some detail . I don't like the already adopted Constitution from the bottom of my heart.and get united as a strong force . including myself )dislike and opposition to that Constitution was plainly shown but to no avail . May. So . and for this purpose I take this opportunity to quote the meanings .if any. political group". we will be helping the opposing forces in actuality and we may be digging our own graves .And . The attitude of Frontier Peoples confronting the majority . (4) Let us cooperate and unite . a meaningful change .according to my own judgement.but I will have to accept it for the practical purpose. They shall be moving at their own pace . We have to commandeer all the possible manpower for the struggle to come.Our. As for myself . If we decide to stay away from the present situation and boycott the actual politics . (2) What is the " fait accompli " we are facing at present ? The " Constitution of the Republic of Union of Myanmar " was duly adopted on the 29th.and the possibility of popping up mass organizations under their present control into political parties is just plainly foresee-able . " Fait accompli " means.. it is to be replaced by a new policy of "Democratic Federalism"." something that has already happened or has been done and that cannot be changed " and " Real politik " means "politics based on practical facts or possibilities rather than on moral aims and directed towards the success and advantage of one's own country.We should acknowledge the fact that we are totally overpowered. we should understand well the meanings of these two words.. According to my own judgment .Let us do Real politik. rightly or wrongly.and what are possible and practical .We have to set aside all the differences. (B) Let us build " Federal Democratic Grand Alliance " We have to change our attitudes basically.mentioned in the Longman Dictionary of Contemporary English . I appeal to my brother political leaders to do the same.e. We should plainly differentiate between what is our wishful thinking . (3) What is the " Real politik " for us ? We are facing the fact that .the constitution we all disliked and opposed had already been legally adopted . the possibility to change at this moment is rather difficult. this cannot be changed . and ignore our sense of confrontation among ourselves and follow the path of cooperation. abruptly at the moment .Though our aims and directions are morally correct. The authorities are in full command .(i.

D.There are many internal elements experiencing from their respective angles expecting for a change. and we should be prepared to go along with them in a cooperative way. and struggled for 17 years to get a bad result . We will get our rights back . EPILOUGE .e. and other Burmese leaders will have a proper place as leaders in the Alliance . at the same time.should not forget that we are also in the same boat with our Burmese brothers . It is not easy but not impossible. We are now in the darkest hour of the midnight .29 Burmese in fighting for a Federal Union should be changed to a position of co-operation . but in due course of time . the cycle of history is to be completed. Some request for our ethnic brothers. Our struggle for a true Federal Union of Burma had originated in the year 1930 in our Shan States . for the whole population .But we. No more confrontations .Our Grand Alliance is designed to give a proper. Let us build a Federal Democratic Grand Alliance. But we should not be disappointed . Soon . not immediately. all the nationalities sitting together and strive for our goal . As we all are in an aggrieved position.even if there may exist some differences among us.We had struggled for another 26 years to get a worse result in 1974. International conditions will not be the same always.L.I guess they are changing in a better position for us.and I can say without doubt that the N. and other Burmese leaders . we will see the light of day again.we should all be united for a common cause. in 1948 after the Panlong Conference .And all nationalities should participate in this common struggle with an undivided faith.and if we are wise enough to struggle for it patiently. proportionate and equal leadership to all in the Alliance .L.D. I would like to remind our citizens that we will not be left alone in our struggle for change. We all should consider that we all are fighting for a common cause to build a true Federal Union of Myanmar . with a new political theory of "Democratic Federalism ". One important word for the N.i. and after another 34 years we have to accept a worst result now.on the basis of equality.We will see the good happy days of our long expected " the nondisintegrable Federal Union of Myanmar " in due course of time . We should be in a standby position. We only have to survive and be in the right mood and the right move.Our struggle should be directed widely and wisely for all to accept it as their own cause. but the dawn of next day is in the horizon . which are natural to pop up sometimes.

g. (1) Burma Proper (2) Frontier Areas . consisting of Federated Shan States . .in deciding to side with the Burmans to join forces together to gain independence from the British Imperialists and formed a Federation with Burma.after which they will have the right to decide. Under British Government's Simla Plan . Burmans were of different blood but living together for long decades .F. e.As a result.30 ( A ) Expriences of first Union period . Ba Nyan of Hsipaw were most notable. We were tender politically.U Kya Bu and Dr.We simply trusted the leaders of A.Shan Sawbwas started manoeuvreing for advance.They started advicing to add peoples' representatives in the Shan States Council. and adviced their Chiefs to side with the Burmans rather than Thais . These Shan movements were followed by Kachin and Chin delegates and later by Karennis .e. Among them . We had tried to finish the constitution.and mostly anti-feudalists.we had accepted a Bogus Federal Union blindly. Some educated elders who were under the service of Sawbwas as ministers .Then . but they were aliens after all .whether to join with Independent Burma or stay aloof as a seperate entity . At that time . and those who were in the service of British Administration. British Burma was divided into three parts .But we were unprepared for the important task of drawing the Constitution. These forces joined together in achieving understanding with Burmese leaders in Panlong Conference in 1947.we highlanders were right.P.Most were favouring to side with Burmans.On the other hand Shan youths were much more advanced politically. Indeed Shan States stood at the head of all others . formed a nucleus and started giving advice to their chiefs. we all were at the cross roads . in whom we have a great faith . or a kind of Hero Worship .F.in a hurry. we did not know the pros and cons of the subject we were discussing . In the Panlong Conference they held meetings among themselves and discussed how to proceed in the independence struggle. But looking back to the past.They were of the opinion that " the devil we know may be better than the devil we don’t know" .some 60 years . led by Bogyoke Aung San. while the remaining parts were to be left behind under Frontier Areas Administration for some years.at least in principle.Burma Proper would be granted independence soon. Kachin Hill Tracts and Chin Hill Tracts and (3) Karenni States .L. to 1947.Thus culminating in the Panlong Agreement .( From 1948 to 1962 ) Let us go back .which was popular and usually followed up to the present as well. and they were later assisted by the mass.They were of the opinion that Siamese or Thais were of the same blood with Shans in Burma . i. which was literally independent from Burma .

From those inequalities arose many problems and grievences multiplied. say about ten years . as the saying goes. Federated Malay States was under the British rule in 1948 along with us. We might have been wrong in signing our famous Pinlong Agreement . may be. i. At that moment. we could continue further.would be mature enough for a meaningful negotiation and will then be successful to create a true Federated State of Burma . we recognized that .apart from the appearance.while we were one status below.We can cite Federated Malay States for our example .31 But we faced the disadvantages of the Bogus Federal Union gradually.We were not equals in the Union. no doubt. we the Frontier peoples will not stay standstill forever.( From 1962 to 1988 ) This period started with the direct military administration under Genral Ne Win .then followed by one Party Rule under the Burma Socialist Programme Party. and as Pyidaungsu in Burmese. we. Our slavery under British would be prolonged.of which U Ne Win was chairman . With those experiences behind us and if we struggled enough for some years . But . We will be able to negotiate meaningfully with the leaders of new Burma State . we were wrong in applying the principle into practice .Then only .e.the who -le show was highly manipulated from the top.we have derailed from our goal of a true federation .e. wrong in practice . which is equivalent to .But the fools get a right thinking only too late .I Say Bad Luck .We started to know that .i. for ever . Our attempts to amend the then constitution was crushed with a heavy blow . We had started to learn politics and got some valuable lessons.We could then rethink about our dream of a true federation with our old friend Burma . Our internal affairs were mishandled by the Union Government . if we Shans and other hill peoples had stayed aloof under Frontier Areas Administration while Burma Proper alone got independence from Britain ? No Panlong Agreement what-so-ever . while we were right in principle . There were some imaginative dreams formulated later. In 1974.Burma had taken the place of the Central State . and were annihilated at last . ( B ) Experiences of second Union period . Our country was designated as a Union in English. (vlrdkufaemufrStjuH&).a Constituent Assembly was promulgated and a new constitution was drawn with so much fanfare. we will be able to claim our independence from the British for sure . What will happen. But she got independence in 1957 . by 1958 . Our powers were much curtailed to do for the good of our State.as well as Burma's new leaders. If that dream come true.But.

which have some sort of sovereignty together with seven Divisions which were administrative parts of the Burma Proper were amalgamated together to form the Union .Projects under Departments of Forest . Some human rights abuses are reported from time to time . which led to the downfall of U Ne Win's domain in 1988 . irrigation works. not elected by the people .dams . canals. ( 2 ) Some draw-backs and mis-deeds .so that inefficiency reigned supreme and the whole economic system collapsed.Tourist business seems to be flourishing . hospitals . banks . Private sector economics is seen to be improving . We have to congratulate the authorities for all these improvements .hotels .Health .Apart from that semblance in name .and in military precision for which the local population had to bear the burden . Seven States. At last Burma was reduced to the Less Developed Country level. (c) Economic Projects seems to be thriving . (b) Market Economy in the right direction . There was only one house representing the entire people but no other house representing the races. All paper money was devaluated and the whole country was doomed resulting to great communal gatherings in the Streets . We can not turn a blind eye for the improvements made in the direction of infra structure . ( C ) Experiences under Military Regimes from 1988 to 2008 . Agriculture . mining projects are seen as improving. etc…. Sea-shore drilling of natural gas . and for that deeds .Economic policy was a socialist one .the constitution was actually a Unitary State. (1) Good deeds to be complimented .Tourisim . we have to pay compliments to the authorities . are plain enough to be seen with our own eyes. etc… seemes to be in good shape . Colleges . ( 3 ) What if not a Military Government ? . inland drilling of oil . railway tracts .Enterprises in the Industrial Zones seemed to be in good shape . Universities.32 a Federal State .Public enterprises only were allowed . All power was centered in the top flowing only downwards .Heads of the States and Divisions were appointed by the President . Thus equality among the races was lost. (a) Improvements in infra structure . all private enterprises were closed down. for which the authorities should look into . schools. But all these deeds are done mostly under Military Organization. hydroelectric projects . Many new roads.bridges.educational institutes. Many local products are seen in the local market and some are understood to be exported .

L. but to form a respectable minority.L.Official announcements have already been made to this effect . as if nothing had happened.L. the N. And I think the present regime was in agreement in this point .D. In 1990 multi-party elections . But the authorities failed to honour it .33 On account of being a military government . proceed to get a meaningful dialouge.Whether you admit it or not . not a Military Government . without fail . if . some speculates that .between the opposition and the Government .This fact was accepted and recognized by the authorities . Japan. but a Civil Government . The authorities had already made official promises for the N.L. Whether the authorities honour the result of the elections or not. to convene a National Convention . has a de jure position .N. for which much confusions and dissatisfactions between the authorities and N. National reconciliation is the most important aspect in the present stage of the country . if not majority . with a view to get sufficient seats .is in control .D. India etc………are reluctant to give the necessary aids to the military government. (2) Let all those parties participate in the forth-coming general elections in 2010 . International Communities such as United Nations and agencies under it . arose .the following 5 steps to the National Reconciliation should be followed .D. And try to get them united in a single bloc for a united action . It is only an excuse but not a sufficient reason .This difference is well known throughout the world . new parties registered in due course . it is evident that there existed much differences between the authorities and the adversaries to be solved . Australia. ( 4 ) National Reconciliation . Therefore . Though the authorities claimed that a 92% victory in the Referendum had superceded the 1990 elections . Republic of Korea. United Kingdom. European Community. .it is not a proper way to solve the problem .in the Parliament . if not a de facto status. the situation may be improved much better . and cannot be wiped out easily .It is almost a possibility to get popular support by then .as well as. (3) Try to fight and get our voices heard loudly in the Hluttaw .I hope the authorities will heed our request . (4) From then only.It was a situation which cannot and should not be ignored . Economically advanced but democratic governments such as United States of America. (1) Take the opportunity to get all existing . after the required law is promulgated . and many international organizations are reluctant to invest in the country. had won a landslide victory. My suggestions to form the " Federal Democratic Grand Alliance " is one such theory .D. According to my thinking .

possibly after necessary Gives and Takes . ( D ) Conclusions . i. Home Address . try to get our much sought for " National Reconciliation. 8 . ( 5 ) Some important steps to be taken at present . All political prisoners . In conclusion. faith . Shin Saw Pu Pagoda Road . expression. etc… shall be granted forthwith. ( SHWE OHN ) the day of .e. I would like to mention a very important point at this historical moment .( De-registered ). as they are also sons of parents of our fellow citizens of Myanmar . Myanmar . Myanmar . for the attainment of " National Reconciliation ". Ex-President . which I have used all along . All basic democratic rights . I mean to include all the citizens of our Union. Democratic League for Shan State Nationalities . including all the fighting sons of our Tatmadaw. Shan State .we had longed for so many years . Sanchaung Township . Dated.34 (5) From dialouge . In the term " we ". Phones :01-510541 01-510764 .(including those who are charged with criminal offences ) shall be released forthwith . 2008. Taunggyi . No. Yangon. organisation." These 5 steps are the sure way to success .such as freedom of speech .

Andrews A.C. A-1 Constitutions of Modern States A-2 Text of Modern Constitutions A-3 Constitutions and Constitutionalism A-4 Laws of the Constitutions(7th.Price M.N.Edn.Edn.Rao G. Phillip B.Diccey R.V.W.Pylee K.35 Books of References ( A ) Constitutions and Constitutionalism Sr.Wheare Gettel .) A-5 Principles of Political Science A-6 Comparative Government A-7 Constitutional Government of India A-8 Federal Government (4th.Gilchrist J.N.No.V.W.H.) A-9 History of Political Thought A-10 Author L.