Institutional Design for Divided Societies: A Blue-print for a multi-ethnic Burma

Description: 

"The retrospective analysis of an institutional breakdown – democratic breakdown – in the union of Burma demonstrates that over six decades of conflict in Burma is rooted in a constitutional arrangement that fails to recognize the existence of ethno-cultural cleavages, resulting in the denial of power to territorially concentrated ethnic national minorities. Therefore, in this article, I argue that an asymmetrical federation with a written constitution is the most viable governance framework for a democratic future Burma due to its multi-ethnic segmental cleavages such as ethnicity, language, religion, culture, and territory. Such a constitutional federation will ensure shared rule for a common Union and self-rule for federating states drawn upon ethnic lines. To contextualize an institutional design for future Burma in a comparative international perspective, I examine the core arguments put forward by the integrationist and accommodationist camps as a theoretical framework within which to discuss the management of societal divisions, including their implications and applicability to Burma. To prove that a constitutional federation that draws together elements of both integrationist and accommodationist theory, I revisit and analyse reasons behind the constitutional crises of Burma, the basis upon which Burma emerged as a country, the composition of its ethnic fragmentations, and competing visions of the Union of Burma itself. With respect to an institutional design for a future Burma, there are two main components in my proposal: a disproportional upper chamber in the union legislature, whereby I envision an equal number of representatives from each constituent state; and separate legislatures and constitutions for each federating unit, dividing power between central and state governments along the line of US states and Canadian provinces. Lastly, I look at the current provisional constitution drafted by leaders of a democratic opposition – seven ethnic national minorities - in anticipation of a future federal Union of Burma..."

Creator/author: 

Zaceu Lian

Source/publisher: 

Burma Centre for Ethnic Studies (Working Paper No. 1)

Date of Publication: 

2012-05-00

Date of entry: 

2012-05-17

Grouping: 

  • Individual Documents

Category: 

Language: 

English

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Format: 

pdf

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377.03 KB