Since 2015, Myanmar has witnessed three elections - general elections in 2015 and by-elections in 2017 and 2018. Although the political will towards reform measures for better elections has increased dramatically since 2015, where people born after 1962 had a chance to experience genuine elections for the first time, for some areas within the democratic reform process, including campaign finance, there is still room for improvement.
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Constitution-building processes are increasingly seen as critical elements within both peacebuilding and state-building processes.
Yangon is at a critical juncture on its path towards democracy as its administrative body, the Yangon City Development Committee (YCDC), is preparing for the first ever fully democratic municipal elections in Myanmar early next year.
By-elections are of great importance to a representative and credible democracy as seats need to be filled to ensure the legitimacy and function of Myanmar’s various parliaments. On 3 November 2018, Myanmar held by-elections to fill the 12 vacant seats of three houses and levels (Upper House, Lower House, and State and Region Parliaments), plus the vacant position of the Shan Ethnic Affairs Representative in Mandalay.
This issue of Constitutional INSIGHTS examines the choice between making a new constitution and amending an existing constitution to achieve substantial constitutional change.
Federalism or devolution involves the organization of public power so that government, on at least two levels, is responsive and accountable to the people that it serves.
More than 25 countries around the world operate as a federation of some kind. Many more devolve power in other ways, either across the country or in particular regions with special autonomy.
This issue of Constitutional INSIGHTS deals with the questions presented by constitutional or legal arrangements that treat one region of a state differently from others.
Is democracy in decline around the world? If so, is it also the case in Myanmar? This year’s International Day of Democracy celebrations in Yangon were an opportunity to have broad ranging discussions on the state of democracy around the world.
This Constitution Brief introduces the concept of self-determination and its evolution over time, and provides a survey of different approaches to self-determination from comparative constitutional practice.
The MyConstitution project works towards a home-grown and well-informed constitutional culture as an integral part of democratic transition and sustainable peace in Myanmar.
Electoral system design plays a crucial role in political settlement processes.
However, it is a world with which political actors in transitions—and even to some extent the constitutional community itself—often have limited familiarity.
This Discussion Paper is based on a presentation by the author at the fourth Edinburgh Dialogue on post-conflict constitution-building, held in Edinburgh, United Kingdom, on 4–5 December 2017.
From Spain to Tanzania to Ukraine, the idea of secession is a critical issue for constitutional design, and has been since the first modern constitution was adopted in the United States in 1789.
Territorial divisions come in many forms. They occur in both federal and unitary states, and may involve divisions based on religion, language, history and identity, as well as natural resources.
International IDEA’s Constitution-Building Primers are designed to assist in-country constitution-building or constitutional-reform processes by helping citizens, political parties, civil society organizations, public officials and members of constituent assemblies make wise constitutional choices.
Being credible, transparent and democratic are the basic standards of elections. Myanmar successfully held general elections in 2015 and by-elections in 2017, and attention is now turning to elections for municipal representatives across the country. At the moment, the country’s system for municipal elections is quite different from international standards—even universal suffrage is not practiced for the voting.
Women in Myanmar are facing many challenges as a result of traditional perceptions, institutional barriers, and societal norms. These challenges range from a lack of equal job opportunities, to difficulties participating in nation building or the political arena1.
Throughout Myanmar’s democratic transition, much of the government's focus has been on political reform, such as making changes to civil liberties, electoral legislation or managing the ongoing peace negotiations. By contrast, the country’s fiscal frameworks have received substantially less attention.
This Primer discusses constitutional rules for the selection and removal of parliamentary governments. Governments in parliamentary democracies are not elected directly by the people; rather, they are selected indirectly by or through parliament, are responsible to parliament and may be removed from office by a parliamentary vote of no confidence.
More than 100 parliamentarians, staff from Myanmar’s Union Parliament, and senior officials from ministries participated in a two-day conference in Nay Pyi Taw on 1-2 July 2017 to discuss practical means for enhancing Myanmar’s budget, planning and audit process through greater cooperation.
This Constitution Brief provides basic information about the nature and functions of constitutions and is intended for use by constitution-makers and other democratic actors and stakeholders in Myanmar.
“Our role is to be transparent, accountable and responsible in our oversight function, now that Myanmar is transitioning towards democracy”, said by U Aye Tha Aung, Deputy Speaker of the Union Parliament of Myanmar and of the Amyotha Hluttaw and Chair of the Parliament’s Joint Public Accounts Committee (JPAC).