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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.
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.
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.
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
Building Federal Democracy in Myanmar is funded by:
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