The Role of State Constitutions in Protecting ... - International IDEA
The Role of State Constitutions in Protecting ... - International IDEA
The Role of State Constitutions in Protecting ... - International IDEA
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It may not be enough therefore to agree on pr<strong>in</strong>ciples <strong>of</strong> federalism, i.e., on how<br />
power is to be shared among and between territorial components compos<strong>in</strong>g the<br />
federation or the union, and between the federal center and the constituent states.<br />
<strong>The</strong> ethnic nationalities and political actors <strong>in</strong> Burma will have to look at ways to<br />
accommodate the aspirations for ethnic equality <strong>in</strong> practical terms and ensure that<br />
no ethnic groups is dom<strong>in</strong>ated by another ethnic group.<br />
<strong>The</strong> challenge is to<br />
ensure ethnic equality<br />
and rights both with<strong>in</strong> a<br />
federation and with<strong>in</strong><br />
the multi-ethnic member<br />
states <strong>of</strong> the Union.<br />
<strong>The</strong> challenge therefore is how to ensure ethnic equality and rights both with<strong>in</strong> a<br />
federation and with<strong>in</strong> the multi-ethnic member states <strong>of</strong> the Union.<br />
It is clear that state constitutions hold the key to this problem. How different<br />
ethnic (or dialect) groups liv<strong>in</strong>g with<strong>in</strong> the territorial boundary <strong>of</strong> a constituent<br />
or member state should relate to each other as equals, is a question that state<br />
constitutions should deal with and provide solutions. <strong>The</strong> state constitutions are<br />
the sites where a framework to provide for ethnic equality and rights, have to be<br />
worked out.<br />
<strong>State</strong> <strong>Constitutions</strong> and Ethnic Equality<br />
Thus it becomes clear that the ethnic nationalities are faced with two very<br />
important challenges.<br />
One, is to establish a genu<strong>in</strong>ely federal union where all the member states are<br />
equal, and where there is no Mother <strong>State</strong> (or a Pyi-Ma) – as envisioned by the<br />
found<strong>in</strong>g leaders at Panglong <strong>in</strong> 1947. It may rightly be said that an arrangement<br />
where one member state is powerful equal than others cannot be def<strong>in</strong>ed as a<br />
federation or a Union.<br />
Second is the challenge <strong>of</strong> ensur<strong>in</strong>g ethnic equality and rights, specifically with<strong>in</strong><br />
a multi-ethnic member state, so that smaller groups are not dom<strong>in</strong>ated and<br />
marg<strong>in</strong>alized by a major ethnic group with<strong>in</strong> a given state.<br />
democratic de-centralization<br />
should be advanced by<br />
ethnic nationalities’<br />
leadership and political<br />
actors when draft<strong>in</strong>g the<br />
state constitutions.<br />
It is here suggested that democratic de-centralization should be advanced by<br />
ethnic nationalities’ leadership and political actors when draft<strong>in</strong>g the state<br />
constitutions.<br />
<strong>The</strong> idea <strong>of</strong> empower<strong>in</strong>g local communities def<strong>in</strong>ed <strong>in</strong> terms <strong>of</strong> ethnicity or<br />
otherwise, through the system <strong>of</strong> local governments and councils elected and run<br />
by local people, should be explored. This is all the more so necessary because there<br />
has been no experience <strong>in</strong> Burma <strong>of</strong> democratic decentralization at any level.<br />
Local governments <strong>in</strong> the past have been established from the top – an<br />
arrangement where adm<strong>in</strong>istrative <strong>of</strong>ficers are appo<strong>in</strong>ted from the center and sent<br />
down to adm<strong>in</strong>ister localities.<br />
<strong>The</strong> system <strong>of</strong> de-centralized adm<strong>in</strong>istration, if adopted, would provide ethnic<br />
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