Interim Constitutions and Arrangements of Federal Units: Preparatory Laws and Responses

On November 17, 2023, Hluttaw representatives of Sagaing, Magway and Tanintharyi each convened Hluttaw sessions and adopted laws on preparations for drafting interim constitutions/arrangements.

The Chair of the Committee Representing Pyidaungsu Hluttaw (CRPH)/Speaker of the Pyidaungsu Hluttaw, and the National Unity Government (NUG) Acting President and Prime Minister sent messages to the Hluttaw sessions. State/regional-level Hluttaw representatives from Bago, Mandalay, Ayeyarwady, Karen and Kachin also sent messages congratulating them on adopting the laws.

Representatives of the National League for Democracy (NLD) Central Working Committee (CWC) attended the Sagaing and Tanintharyi Hluttaw sessions as observers. After the sessions, the NLD issued a statement welcoming and congratulating them on enacting the draft laws.

What the Laws Contain

Although the three draft laws differ slightly, they share the same approach of forming a coordinating body and, through it, a commission to draft an interim constitution or arrangement. The Sagaing law uses the term "interim constitution", while the Magway law and the Tanintharyi law use "interim arrangement". All three laws define the former "regions" as "federal units".

Responses

Within days of the laws being adopted, responses emerged from political forces in each region.

Tanintharyi

Political forces including the Dawei District Political Leading Body, the Democracy Movement Strike Committee (Dawei District), the Kawthaung District Political Force, Tanawthari Karen United for Liberation and Equality and the Myeik District Political Force issued statements objecting to the enactment of the law.

Sagaing

107 revolutionary organizations, including the Sagaing Forum Formation Group, and the Sagaing Region Strike Forces also issued statements criticizing and objecting to the legislation.

Magway

The Magway Region Revolutionary Forces Network, made up of strike committees and people involved in the CDM in the Magway region, also issued a position criticizing and objecting to it.

Almost all of these criticisms and objections mainly point to the laws being enacted without broad consultation and negotiation, and not in line with the Federal Democracy Charter.

The Bigger Picture

On the same day, November 17, 2023, the Karenni State Interim Parliament was formed. Its formation was discussed in the Karenni State Consultative Council (KSCC), which includes three main political pillars, and was established by agreement in principle, with 15 state parliament representatives who won the 2020 election. The formation was welcomed and congratulated by political forces taking part in the revolution.

The Spring Revolution, which began as a mass movement after the 2021 coup, has strongly demanded "federal democracy". This federal movement has pushed for change to the organization of Bamar-majority areas into seven regions, but there has been no official statement yet on how this will change. A footnote to Section 48 of Part 2 of the Federal Democracy Charter states that "according to the current political and administrative situation, the boundaries of states and regions are called states/federal units during the interim period." Based on this, some may consider that the regions formed under the 2008 Constitution should currently be organized as "federal units". However, there are also differing views.

In states, and in ethnic-based areas aspiring to form new states, groups have organized as federal councils, ethnic-based councils, committees and so on, which include various other revolutionary forces in addition to Hluttaw representatives.

Section 52 of Part 2 of the Federal Democracy Charter states that the mechanisms of states/federal units must be carried out "on the basis of federal building in this charter."

Another issue is the term "interim period". Although the three draft laws do not define it, the Federal Democracy Charter shows that the interim period refers to the period after the military coup is removed and before a transitional government can be formed.

Amid these disputes, at the cabinet meeting on November 21, Acting President Duwa Lashi La said in his speech, "When building political forces, I urge you to broaden your political outlook as widely as possible."