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In 2015 International IDEA developed three whiteboard animation videos seeking to contribute to civic education in support of constitution-building processes. These videos explain the basic concepts of constitutionalism and constitution building to non-specialist audiences, with an emphasis on helping citizens to understand what a constitution is and does, how constitutions are made, and why the constitution is relevant to their lives.
International IDEA has now developed two additional whiteboard animation videos explaining what federalism is and why federalism could be a good option in particular settings. These videos explain the core components of a federal constitution, and some of the advantages and disadvantages of choosing such a system.
The videos are designed to be viewed online and shared through social media, but could also be used in more structured settings, such as a workshop or seminar, to provide a good general introduction to the subject on which to base further discussions or activities.
These whiteboard animation videos are part of International IDEA’s contribution to civic education in support of constitution-building processes. They explain the basic concepts of constitutionalism and constitution building to non-specialist audiences, with an emphasis on helping citizens to understand what a constitution is and how constitutions are made, and why the constitution is relevant to their lives. The videos are designed to be viewed online and shared through social media, but could also be used in more structured settings, such as a workshop or seminar, to provide a good general introduction to the subject on which to base further discussions or activities.
Key Messages:
- We need government, but government must be controlled if it is to serve the people.
- Constitution is a supreme law that is binding even on the government.
- A constitution organises and constrains power.
- A constitution defines a state and the rights of its citizen.
- In a democratic order, the Constitution ensures that the people ultimately control the Government.
Constitutions often claim to be made by “we the people” but what does that mean? This video is a simple introduction to how democratic constitutions are made. Emphasizing that broad agreement and public support are key to success, it discusses ways in which the people (all the people, including minorities and marginalized groups) can have an active voice in the constitution-building process. This may take place through inclusive membership of a representative constitution-making body as well as through systematic public engagement and dialogue amongst the wider society. Because building broad agreement on the constitution will involve much discussion and negotiation, and many compromises, the process of constitution-building can take several years. It may start with preliminary discussions long before the text of a constitution can be drafted and will continues, through the implementation phase, long after the constitution has been approved. As such, it is important to carefully plan the various stages of the process, and to reach an inclusive agreement about the process itself if it is to have a good chance of coming to a successful conclusion.
This video discusses in easy-to-understand terms why constitutions are important, and the effects of constitutional change. It recognizes that constitutional change does not solve all the problems of society, and that the benefits of constitutionalism are mostly long term and indirect. Nevertheless, using the fictional but typical example of ‘Ruritania’, it shows how successful constitutional change can make important improvements to the functioning of democracy, the rule of law, human rights, and good governance. This improves the ability and willingness of those exercising power to use their power for the benefit of society, which in turn can impact upon economic matters, the delivery of public services, and day-to-day policies. Thus it argues that, if done well and sustained over time, constitutional change can be transformative in the lives of ordinary citizens.
Let’s talk about constitutions! is designed to present difficult constitutional concepts to non-specialist and young audiences in an entertaining and informative way. It has been developed to promote young people’s understanding of constitutional issues and thereby empower and inspire youth to play a full and meaningful part in their own constitution-building process.
With dynamic images, relatable characters and simple language, Let’s talk about constitutions! illustrates key concepts to answer the questions: what is a constitution and why is it important?
The cartoon is an educational tool that can be enjoyed by youth and adults alike, whether integrated into youth centre curricula or non-governmental organizations civic education campaigns.
The booklet and video are designed primarily for Myanmar and the characters and scripts are tailored to this context. The information shared in the cartoon, however, is relevant for people interested in learning and teaching about constitutions all around the world.
The legislature is a core branch of government which together with the executive and judiciary form the foundation of any constitutional system. While the legislature makes laws and approves budgets, the executive enforces them, and the judiciary interprets them. Balancing these powers and establishing effective checks is key when drafting or reforming a constitution.
A Practical Guide to Constitution Building: The Design of the Legislative Branch (Part 1) explores how democratic legislatures can be designed to represent the full diversity of the people. It covers strategies such as setting reserved seats, applying candidate quotas, implementing double majority voting, and adapting electoral systems — all aimed at creating a legislative body that reflects the diverse make-up of society.
Learn more:
The legislature is a core branch of government which together with the executive and judiciary form the foundation of any constitutional system. While the legislature makes laws and approves budgets, the executive enforces them, and the judiciary interprets them. Balancing these powers and establishing effective checks is key when drafting or reforming a constitution.
A Practical Guide to Constitution Building: The Design of the Legislative Branch (Part 2) explores bicameral legislatures, covering the reasons for choosing a bicameral or unicameral structure, selection methods for members of the second chamber, legislative powers assigned to it, and their role in constitutional amendments.
Learn more:
The legislature is a core branch of government which together with the executive and judiciary form the foundation of any constitutional system. While the legislature makes laws and approves budgets, the executive enforces them, and the judiciary interprets them. Balancing these powers and establishing effective checks is key when drafting or reforming a constitution.
A Practical Guide to Constitution Building: The Design of the Legislative Branch Part (3) explores how legislatures at multiple government levels are formed, including national and state legislatures. It also covers legislative oversight mechanisms such as votes of no confidence, impeachment, and investigative powers to ensure government accountability and transparency.
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The executive branch is one of the three branches of government, which are central to the institutional design of a constitution. The allocation of powers and the interrelation between the three branches of government—the executive, the legislature, and the judiciary—are key elements of such a structure.
Watch our A Practical Guide to Constitution Building: The Design of the Executive Branch (Part 1) to learn more about systems of government and the strengths and challenges of each type of system.
Read more:
The executive branch is one of the three branches of government, which are central to the institutional design of a constitution. The allocation of powers and the interrelation between the three branches of government—the executive, the legislature, and the judiciary—are key elements of such a structure.
Watch our A Practical Guide to Constitution Building: The Design of the Executive Branch (Part 2), which illustrates different constitutional design options with a focus on executive government and decentralisation.
Read more:
The executive branch is one of the three branches of government, which are central to the institutional design of a constitution. The allocation of powers and the interrelation between the three branches of government—the executive, the legislature, and the judiciary—are key elements of such a structure.
Watch our A Practical Guide to Constitution Building: The Design of the Executive Branch (Part 3), the final part. This part highlights institutional design options for checks and balances in a democracy to control executive powers.
Read more:
These videos explain the core components of a federal constitution, and some of the advantages and disadvantages of choosing such a system. They are meant to simplify often complex concepts, to make them understandable to the general public. Some of the key messages in the videos include:
- Federalism provides a way for different groups of people in different parts of the country to live together
- Federal systems have at least two levels of government, the central level and a second level that includes territorial entities into which the country is divided, e.g. regions, states, provinces.
- Federalism provides ways by which these different groups share power over common interests, but it also provides for these groups to have a level of autonomy vis-à-vis central state institutions
- Federations are protected by a constitution regarding ways in which power is shared in central state institutions, but also regarding the powers and responsibilities of both the central state and provinces, states or regions.
- But federalism is not a panacea. There are specific challenges that federalism alone cannot resolve, e.g. how to protect minorities, or the fact that federalism can be expensive as you need to build institutions not only and the central, but also at the region, state, provincial level. Sometimes the different levels have difficulties coordinating policies or policy responses, such as to pandemics or natural disasters.
These videos explain the core components of a federal constitution, and some of the advantages and disadvantages of choosing such a system. They are meant to simplify often complex concepts, to make them understandable to the general public. Some of the key messages in the videos include:
- Federalism provides a way for different groups of people in different parts of the country to live together
- Federal systems have at least two levels of government, the central level and a second level that includes territorial entities into which the country is divided, e.g. regions, states, provinces.
- Federalism provides ways by which these different groups share power over common interests, but it also provides for these groups to have a level of autonomy vis-à-vis central state institutions
- Federations are protected by a constitution regarding ways in which power is shared in central state institutions, but also regarding the powers and responsibilities of both the central state and provinces, states, or regions.
- But federalism is not a panacea. There are specific challenges that federalism alone cannot resolve, e.g. how to protect minorities, or the fact that federalism can be expensive as you need to build institutions not only and the central, but also at the region, state, provincial level. Sometimes the different levels have difficulties coordinating policies or policy responses, such as to pandemics or natural disasters.
International IDEA's Head of Mission in Myanmar, Marcus Brand talks with Budi Karki, Senior Advisor Constitutional Lawyer for International IDEA in Nepal about lessons learned and experiences from Nepal's process of introducing and implementing a federal constitution.
What is fiscal decentralization? How do local governance structures and legal frameworks play a role in exercising fiscal decentralization and delivering public services catered to the needs of people? What is the role of transparency and accountability in the functioning of a local government? As post-coup Myanmar is moving towards a federal democratic country under the road map outlined in the Federal Democracy Charter, these are key questions that Myanmar’s interim government institutions on all levels and constitutional designers need to consider.
Marcus Brand, International IDEA’s Head of Mission in Myanmar interviews Roger Shotton, an expert on decentralization and subnational government issues in Asia, highlighting fiscal decentralization and local governance in the context of constitutional design, state structures of Myanmar and comparative experiences from other countries in the Asia Pacific region.
International IDEA's Head of Mission in Myanmar, Marcus Brand talks to TVP World News about the reasons of reducing the sentences of Aung San Suu Kyi by the illegal military junta that staged a coup in 2021
International IDEA’s Head of Myanmar Programme, Dr. Marcus Brand was a speaker at Burmese media outlet Frontier Myanmar's closed-door panel discussion "Scrutinising the military's plans for a poll', held in March 2023.
Following an unconstitutional military coup in Myanmar in 2021, the illegal and illegitimate military junta of Myanmar, its State Administrative Council (SAC), and the illegitimate “Union Election Commission” it has established, are planning a sham exercise they call an “election”.
Dr. Marcus Brand, discussed why the military’s plan is illegitimate and how the international community should respond.
On the eve of the second anniversary of the illegal coup in Myanmar, the UN Special Rapporteur on the situation of human rights in Myanmar and International IDEA co-hosted the launch of the Special Rapporteur’s latest conference room paper, Illegal and Illegitimate: Examining the Myanmar Military’s Claim as the Government of Myanmar and the International Response.
Going into the third year of its coup, the Myanmar military junta, which has set up a “State Administrative Council (SAC)”, is still desperately seeking legitimacy and is orchestrating a legitimacy-seeking campaign in what it will describe as an “election” by August 2023. After failing to establish effective and legitimate government through brute force, the junta is attempting to turn the tide in its favor by trying to persuade Member States to endorse and accept its illegitimate elections. At the same time, the military appears to ignore the demands expressed by the recently adopted UN Security Council Resolution 2669 (2022), as it continues its arbitrary detention of the President and State Counselor and its campaign of violence and intimidation, ignoring the will of the people expressed in the 2020 elections.
The Special Rapporteur documented how the SAC is not the legitimate government of Myanmar and, as it continues to violently oppress any forms of dissent or opposition, cannot hold genuine elections that represent the will of the people as the only legitimate basis of the authority of government. The SAC fails to meet two core requirements that inform international recognition of governments: (1) the effective control standard; and (2) the legitimacy standard.
As the SAC lacked the constitutional and electoral legitimacy to take over the government in the first place, and lacks effective control of the country, the UN Special Rapporteur urged UN Member States to deny any support to the SAC, particularly in its attempt to hold elections that would not meet even minimum requirements to be considered genuine. The UN Special Rapporteur discussed the junta’s attempts to gain legitimacy, Member States’ responses to the junta, and the UN Special Rapporteur’s recommendations for finding solutions to the crisis in a more cohesive and coherent manner in 2023.
With the intention to contribute to the international community’s understanding of the centrality of elections, in both the military’s strategies and a future federal path chosen by democratic forces, International IDEA presented its policy paper “Elections at a crossing point: Considerations for electoral design in post-coup Myanmar” which outlines key areas to consider for genuine democratic elections in the emerging new constitutional context: the overall electoral legal framework, electoral system choice, electoral management, voter registration, including a clear framework for suffrage rights and electoral dispute resolution.
Today we commemorate the genocidal attacks against the Rohingya six years ago and commit to ensuring their full participation in all efforts of rebuilding Myanmar as a federal democracy based on human rights and non-discrimination. The NUG statement in this regard is an encouraging step in the right direction. It is the beginning of a long process of unlearning prejudice and undoing practices of exclusion and marginalization. Justice and accountability must be pursued. The long term goal must be a return in dignity and full rehabilitation as citizens that can play an equal role in building a democratic society in Myanmar.
Excellencies, ladies and gentlemen,
For International IDEA, the only intergovernmental organization mandated entirely to support, strengthen and defend democracy worldwide, International Democracy Day is one of the most important events of the year, and it is a great honor for me to say a few words here today.
International IDEA recognizes and expresses respect for the sacrifice thousands have made for decades to establish democracy in Burma, in particular in the aftermath of the illegal and illegitimate coup attempt by the military in February 2021.
International IDEA has been providing support for the elected MPs of Myanmar, the National Unity Government and the diverse stakeholders of the NUCC through technical advice and hands on support. We understand that democracy is about more than just constitutions and institutions, but also about mindsets, attitudes and relationships. Ultimately, it depends on trust between citizens, and between citizens and the state.
For international organizations, it is possible to support what is known as the spring revolution because it is a democratic revolution, one that is aimed not only at restoring the pre-coup system, but at building a genuine federal democracy that is inclusive, based on human rights and the rule of law, and recognizing the diversity of all the people living in Myanmar.
We believe that the Federal Democracy Charter is the key foundational document for this democratic future, and we congratulate all those participating in the NUCC and the People’s Assembly for this achievement.
Democracy is the key to a peaceful future, but it is important to understand that democracy is more than just elections, or just the rule of the elected majority. Democracy is about the rights of minorities, about universal and equal citizenship, effective access to justice through an independent judiciary, freedom of the media and independent oversight institutions. It is about effective accountability of everyone exercising power, transparency and participation. It is also about the empowerment of women and gender equality.
We are very encouraged by the statements we heard today and the commitment by the leaders of Myanmar to such an inclusive democracy, in particular the focus on young people and empowering the next generation, and we look forward to working with all stakeholders at all levels, including the state and local levels, to make this dream a reality for the people of Myanmar.
Thank you.
The situation of Rohingya in Rakhine State (Arakan) in Myanmar’s post-coup setting and prospects for inclusive peace and justice in the future – Interview with former Dutch Ambassador Laetitia Van Den Assum
How could the Rohingya, discriminated and increasingly marginalized for decades, be reintegrated in a democratic Rakhine society? What needs to be done to enable a sustainable return of the Rohingya to Rakhine State? What is the role of actors in the Arakan liberation movement and Myanmar’s interim democratic institutions to support the Rohingya in their full rehabilitation?
Marcus Brand, International IDEA’s Head of Mission in Myanmar spoke with former Netherlands Ambassador and Commissioner of the Advisory Commission on Rakhine State, Laetitia Van Den Assum, highlighting the importance of creating enabling preconditions for the Rohingya’s sustainable return to Rakhine State, eliminating mutual fear and mistrust among Rohingya and Arakan/Rakhine communities, and steps that can be taken to heal the joint trauma while ensuring criminal accountability and transitional justice for a peaceful co-existence in the future.
Read more here:
Towards a Peaceful, Fair and Prosperous Future for the People of Rakhine: Final Report of the Advisory Commission on Rakhine State FinalReport_Eng.indd (kofiannanfoundation.org) (English version)
Final_Report_Advisory_Commission_on_Rakhine_State_Aug2017_MMR.pdf (themimu.info) (Myanmar version)
The 2021 military coup has been a major setback for human rights in Myanmar. Prior to the coup, human rights were enshrined in law and international treaties, but rarely enforced in practice. Myanmar's 2008 Constitution included a Chapter on Fundamental Rights, but after decades of military rule neglecting the equal rights of all remained commonplace. The root cause of widespread human rights abuses, inequality and discrimination – a militarized state that rules over the people, rather than a democratic state that is based on the will of the people and serves them - has never been adequately addressed.
And yet, despite the oppressive and brutal crackdown since the Spring Revolution, the people of Myanmar are resisting against the military junta, and fighting for their rights. And fundamental rights have been put at the core of the emerging constitutional framework for a future federal democratic Myanmar, as reflected in the Federal Democracy Charter and numerous statements by the National Unity institutions.
To learn more about what this could mean in practice, watch the interview by Marcus Brand, the Head of International IDEA‘s Myanmar programme with James Rodehaver, Chief of Myanmar Team at the United Nations Office of the High Commissioner for Human Rights (OHCHR), on the human rights situation in pre- and post-coup Myanmar. What are effective human rights protection mechanisms? During a transition phase, what can Myanmar learn from other countries in establishing an independent judiciary to protect against human rights violations? Where is Myanmar now in ratifying international human rights law, making domestic legislation compatible with international legislation?
Watch the full video with Burmese subtitle.
Read more here
https://www.ohchr.org/sites/default/files/Documents/Publications/ConstitutionMaking_EN.pdf
One of the key ingredients to building a democratic nation is unity while accepting diversity and inclusion as an asset, rather than a burden, and the emergence of leaders with a compelling vision for the future of the country. The Republic of Kosovo, a young democracy and new European country which has seen decades of oppression and persecution, conflict and violence, has become a successful democratic and independent country following the violent dissolution of Yugoslavia. From 1974 to 1989 it was one of the Yugoslav federal units. In the 1990s, Kosovo’s elected parliament formed interim state institutions that provided services to the predominantly ethnic Albanian population, raised funds among the diaspora and resisted Serbian occupation through a large-scale civil disobedience movement. In 1998, armed resistance emerged pin the form of an armed group – the Kosovo Liberation Army. In 1999, the conflict escalated, with hundreds of thousands being forcibly displaced, NATO intervening to prevent genocide, and the country being put under UN administration. In 2008, Kosovo declared independence on the basis of a democratic constitution that provides extensive minority rights and inclusion provisions, democratic oversight of the security sector and a strict separation of powers. By 2024, 117 countries have recognized Kosovo as a sovereign subject of international law. Kosovo’s experience as it transitioned to a democratic country and the role the international community played have many lessons for Myanmar.
Find out more in our latest interview by Dr. Marcus Brand, the Head of International IDEA’s Myanmar programme with Ulpiana Lama, the Chief of Mission of the Republic of Kosovo in Thailand.
Read more:
Kosovo’s democracy has come a long way, but it needs support https://www.idea.int/blog/kosovos-democracy-has-come-long-way-it-needs-support
Myanmar is one of the countries in Asia most affected by climate change. While Myanmar’s pre-coup governments made efforts to address climate challenges before the 2021 military coup, the coup has aggravated the situation and made it more difficult to tackle climate and environmental challenges. In the post-coup context how can Myanmar’s democratic national unity institutions contribute to tackling climate change in a future federal democratic Myanmar? What kind of policy decisions need to be made and how can the international community support Myanmar?
Find out more in the interview by Marcus Brand, the Head of International IDEA’s Myanmar programme with Niall O'Connor, the Director of the Asia Centre of the Stockholm Environment Institute https://www.sei.org/centres/asia/.
Read more:
International IDEA’s Head of Mission for Myanmar, Marcus Brand, recently engaged in a thought-provoking discussion with Kasit Piromya, a former member of parliament and Foreign Minister of Thailand, esteemed diplomat and advocate for democracy and human rights in Southeast Asia on the special relationship between Thailand and Myanmar.
They discussed the shared struggle for democracy of Thailand and Myanmar, highlighting the challenges and experience from Thailand. The discussion focused on eliciting commonalities and lessons from both countries. The conversation highlighted strategies for Myanmar’s interim national unity government institutions and pro-democracy actors on how to engage effectively with Thai authorities and the wider public. Emphasizing the critical importance of a legitimate, effective, and democratic government in Myanmar, insights were shared on the government’s pivotal role in managing natural resources and navigating climate challenges crucial to Thailand's interests. The dialogue also highlights how younger generations from both nations can actively participate and collaborate in the effort of advancing democracy.
Watch the full interview here – please add the link
Visit Kasit Piromya’s Youtube Channel here https://www.youtube.com/@KasitPiromyaYT
“Today we have to stand together to fight against the unjust because we all want to bring about a better future… So, it is the right time for all of us to come together and be united. If we are not united, we cannot materialize our dream. That is what I understand.”
Marcus Brand, head of mission for International IDEA Myanmar programme, recently talked to one of the key leaders of Karenni state to learn about the secret of Karenni state’s success in the Myanmar People’s/Spring Revolution and his vision for the new federal democratic Myanmar and Karenni state. In this interview, Khu Oo Reh, the Chairman of Karenni National Progress Party (KNPP) and Karenni Interim Executive Council (KIEC), shared his own experience on the importance of cooperation and coordination and the challenges he faced along the journey of building interim institutions in his state. During the dialogue, they also explored a brief history of Karenni people and the state, KNPP’s long-term struggle for federalism, the role of young people in the revolution, the role that international community can play to support the Karenni’s dream of becoming a full-fledged state government in the new federal democratic Myanmar, and relations with Myanmar’s neighboring countries.
Watch the full video below to find out how Karenni people got it right in the Myanmar People’s/Spring revolution.
Thailand and Myanmar share an international border of more than 2.400 km. That is 37 percent of Myanmar’s border, and 42 percent of Thailand’s. Drawing on centuries of common history, during which the two countries were often divided as bitter enemies, Thailand is nowadays host not only to millions of laborers from Myanmar, but also thousands of students, professionals, elected members of parliament and people of all walks of life actively resisting illegitimate military rule. Thailand is in a special position among Myanmar’s neighbours that could potentially play a significant role in supporting Myanmar’s struggle for a democracy and justice. Therefore, it is useful to understand how the Thai government, government agencies and the Thai public perceive Myanmar’s post-coup Spring Revolution.
International IDEA’s Head of Mission for Myanmar, Marcus Brand, spoke to the historian Dr. Lalita Hanwong, an expert on Myanmar well-known to the Thai public and advisor at the Parliament of Thailand to discuss the shared history and differences between Thailand and Myanmar, and Myanmar’s pursuit of democracy. They discussed challenges and opportunities for Myanmar’s borderland states, such as Karenni State, and the impact of colonial legacies on current ethnic conflicts, as well as the situation of migrants on the border between Myanmar and Thailand. The dialogue also delved into how younger generations from both nations can learn from each other in their efforts to advance democracy.
Watch the full interview below.
Since independence, Myanmar has had three constitutions, adopted in 1947, 1974 and 2008. The 1947 Constitution was in force between 1948 and 1962, when Myanmar’s Armed Forces led by General Ne Win staged a coup. The 1974 Constitution, which was drafted by the Burma Socialist Programme Party led by President U San Yu, was in force from 1974 until it was suspended in 1988. This Timeline presents the key events of Myanmar’s 2008 Constitution making and amendment processes from 1988 to 2021.
- Comparing three versions of the Myanmar Constitution
- Report of the Joint Committee submitted on 15 July 2019 to Amend the Republic of the Union of Myanmar Constitution
- Draft Constitution Amendment bills submitted by USDP and Military to the Union Parliament - February, May, September 2019
- Draft Amendment Bill by Joint Parliamentary Committee on Constitutional Amendment - 27 January 2020
- Observations and Findings of the Joint Study and Review Committee on the Bills for the Second Amendment of the 2008 Myanmar Constitution - 5 February 2020
- The 2008 Myanmar Constitution Amendment Proposals and Voting Results of the Union Parliament for 436 (a) - March 2020
- The 2008 Myanmar Constitution Amendment Proposals and Voting Results of the Union Parliament for 436 (b) - March 2020
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