Myanmar Constitution-Chapter 2

Myanmar Constitution-Chapter 2

ENGLISH TRANSLATION OF THE MYANMAR CONSTITUTION

Chapter II—The State Structure

 

(1) The State is constituted by Pyidaungsu (Union) system.

(2) The State is delineated and constituted with the seven regions and seven states as follows:

§        Kachin State

§        Kayah State

§        Kayin State

§        Chin State

§        Sagaing Region

§        Taninthayi Region

§        Bago Region

§        Magway Region

§        Mandalay Region

§        Mon State

§        Rakhine State

§        Yangon Region

§        Shan State

§        Ayeyawady Region

§        Union territories.

 

(3) Regions and States are of equal status and authority.

(4) If it is desired to change the name of a region or a state, it shall be done so with enactment of law after ascertaining wishes of the citizens who have the right to vote and are residing in the region or state concerned.

 

Designation of Union Territories

 

(5) (a) Nay Pyi Taw, that is the Capital of the Union, is designated as Union territory placed under direct administration of the President of the Union,

(b) if the need arises to designate areas that have special situation in connection with national defence, security, administration and economy etc. as Union territories they may be so designated as Union territories after enacting laws.

 

(6) Constituting the Union

  • Villages are organized into village -tract,
  • wards are organized into town or township,
  • village-tracts and wards or towns are organized into township,
  • townships are organized into district,
  • districts are organized into region or state,
  • in a self-administered zone townships therein are organized into the self-administered zone,
  • in a self-administered division townships therein are organized into district and districts are organized into the self-administered division,
  • if there be self- administered division or self-administered zone in a region or a state, the self-administered division, self- administered zone and districts are organized into region or state,
  • regions, states and Union territories are organized as the Union.

 

(7) No part of the territory of the Union, namely regions, states, Union territories and self-administered areas etc. shall ever secede from the Union.

 

Re-delineation of the territorial boundary of the Union

 

(8) (a) If the need arises to re-delineate the territorial boundary of the Union, the President of the Union shall first inform the leader of the Pyidaungsu Hluttaw and ask him to seek the opinion of the Pyidaungsu Hluttaw,

(b) The leader of the Pyidaungsu Hluttaw, after receiving the intimation of the President of the Union on re-delineation of the territorial boundary of the Union, shall seek the opinions of the Hluttaw representatives as follows:

(1) assenting votes of more than half the total number of representatives included in the Hluttaw with equal numbers of representatives elected from regions and states,

(2) assenting votes of more than half the total number of representatives included in the Hluttaw elected on the basis of township and of population,

(3) assenting votes of more than half the number of representatives from the region or state involving the boundary concerned in the two Hluttaws,

(c) the leader of the Pyidaungsu Hluttaw, after obtaining the assenting votes as mentioned above, shall inform the President of the Union for re-delineation of the territorial boundary of the Union,

(d) If any Hluttaw or representatives from the region or state involving the boundary concerned in the two Hluttaws, following the methods mentioned above, dissent in connection with the re-delineation of the territorial boundary of the Union, action shall be taken after obtaining the opinion of the Pyidaungsu Hluttaw. If three-fourths and upwards of the total number of the Pyidaungsu Hluttaw representatives assent, the leader of the Pyidaungsu Hluttaw shall inform the President of the Union for the re-delineation of the territorial boundary of the Union as necessary,

(e) the President of the Union shall take necessary measures for re-delineation of the territorial boundary of the Union after obtaining the opinions of the Pyidaungsu Hluttaw.

 

Re-delineation of the territorial boundaries of a region or a state

 

(9) (a) If there arises cause to re-delineate the boundary of a region or a state, first of all the wishes of persons with voting rights residing in the township involved in the re-delineation of the boundary shall be sought,

(b) re-delineation of the territorial boundary shall not be effected at all without supporting vote of more than half the total number of eligible voters residing in the township involved in the re-delineation of the boundary.

(c) If more than half the total number of eligible voters in the township concerned vote in support of the re-delineation of the boundary, the wishes of the involved region or state Hluttaw representatives shall be sought.

(d) the President of the Union with the consent of the Pyidaungsu Hluttaw shall redelineate the territorial boundary of a region or a state after getting the supporting vote of three-fourths and upwards of the total number of involved region or state Hluttaw representatives,

(e) the decision of the Pyidaungsu Hluttaw shall be sought if involved region or state Hluttaw passes a decision against re-delineation of the boundary.

(f) the President of the Union shall re-delineate the boundary of the region or state as necessary if supported by three-fourths and upwards of the total number of representatives in the Pyidaungsu Hluttaw.

 

Re-delineation of the boundary, organization and change of name of a village, village-tract, ward, town, township and district in a region, state, self-administered division or self-administered zone

 

(10) If occasion arises to make changes in the boundary, organisation or name of a village, village-tract, ward, town, township or district in a region, state, self-administered division or self-administered zone, the region or state executive authority concerned shall submit recommendations to the President of the Union and the President of the Union shall then act accordingly.

 

Change of name of a self-administered division or self-administered zone

 

(11) If it is desired to change the name of a self-administered division or self-administered zone, the same method shall be applied with the case of a change of the name of the region or state.

 

In connection with prescribing of self-administered division or self-administered zone in accord with these basic principles,

(12) The following detailed basic principles are laid down:

(a) to group together Leshi, Lahe and Namyun townships in Sagaing Division and prescribe it Naga Self-Administered Zone;

(b) to group together Ywangan and Pindaya townships in Shan State and prescribe it Danu Self-Administered Zone;

(c) to group together Hopong, Hsihseng and Pinlaung townships in Shan State and prescribe it Pa-O Self-Administered Zone;

(d) to group together Namhsan and Manton townships in Shan State and prescribe it Palaung Self-Administered Zone;

(e) to group together Konkyan and Laukkai townships in Shan State and prescribe it Kokang Self- Administered Zone;

(f) to group together Hopang, Mongmao, Panwai, Nahpam, Pangsang (Pankham) and Metman townships in Shan State and prescribe it Wa Self-Administered Division;