On 1 February 2021, the Myanmar military staged a coup and unconstitutionally declared a one-year state of emergency transferring all state powers to the Commander-in-Chief. Against the backdrop of Myanmar’s political crisis and a steady transformation commonly known as the ‘Spring Revolution’, the broadest front of resistance, known as the National Unity Consultative Council (NUCC), endorsed and published a new Federal Democracy Charter in April. The Charter’s promulgation marked a new phase in popular resistance to military rule and efforts to rebuild society.
This Constitution Brief looks at the revised Federal Democracy Charter’s substantive provisions to identify the key ones and to raise questions, where relevant, about how certain issues have been approached. This Brief is structured around three main sections: Section 1 provides an overview of the process through which the Charter was developed and revised; Section 2 explores the political purpose and legal nature of the Charter; and Section 3 focuses on the content of the Charter. Furthermore, the Brief highlights legal and political considerations to support interim institutions’ constitution-building efforts.
The Brief is intended for key stakeholders interested and/or participating in Myanmar’s return to democracy and to enable a better understanding of the Charter.
1. Charter-making process
2. Political and legal purposes of the charter
3. Substance of the charter