Sunday 29 April 2012

The malitary fundamental government should be shaped out .

After the Shan States Council had decided that the Shan States Representatives to the Burma Constituent Assembly would consist of 33 Saohpas and 33 representatives of the people, it was decided to send the following communication to the Frontier Areas Committee of Enquiry (F.A.C.E.) regarding the matter.
The Shan States desire the following facts be taken into consideration by F.A.C.E. in its report to the Governments concerned: -
1.The Shan States shall participate in the forthcoming Constituent Assembly, members to be nominated by the Shan States Council on population basis.
2.In the Constituent Assembly no decision shall be effected in matters regarding the Shan States or any change, amendment, modification affecting the Shan States in the future Constitution of the Federation, without a clear majority of two-thirds of the votes of the members from the Shan States.
3.Association with Burma shall be on a Federal basis with –
a. equal rights and status;
b. full internal autonomy for the Shan States;
c. right of secession from the Federation at any time after attainment of freedom.
4.Federation on subjects which cannot be dealt with by the Shan States alone, such as: -
a. Defence,
b. Foreign Affairs,
c. Railways, Post and Telegraph,
d. Coinage and Currency,
e. Customs, etc.,
Would be defined as common subjects by the Constituent Assembly.
5.The selection and appointments of the Judge of the Supreme Court to interpret the Constitution, should, by Convention, be approved by the majority of the Frontier members of the Federal Government.

At the Kachin Representatives also agreed to adopt the Shan States model, the Conference of the Supreme Executive Council of the United Hill Peoples, held at the Haw of the Saohpalong of Yawnghwe State, in Yawnghwe, from the 18th to the 27th of March 1947 approved the following decisions.
1.Representative members to the Constituent Assembly to be nominated by the Provincial Councils proportionately, on intellectual basis, irrespective of race, creed and religion as for as the Hill Areas are concerned.
2.To take part in the Burmese Constituent Assembly on population basis, but no decision to be effected in matters regarding a particular area without two-thirds majority of votes of the Representatives of the Areas concerned. *
a. Equal rights for all.
b. Full internal autonomy for all Representatives of Hill Areas.
c.Right of secession from Burma proper at any time after attaining freedom.
3.It is resolved that due provisions shall be made in the future Burmese constitution that no diplomatic engagements shall be undertaken or appointments made without prior reference to the Hill States.
4.In matters of common subjects, e.g., Defence, etc., no decision shall be made without the prior consent of the majority of representatives of the Hill States irrespective of the Burmese votes.
5.The provision shall be made in the Constitution of the Federated Burma that any change, amendment or modification affecting the Hill States, either directly or indirectly shall not be made without a clear majority of two-thirds votes of the Representatives of the Hill States.
6.When opinion differs as to the interpretation of the terms in the Constitution, the matter shall be referred for decision to a Bench of the **High Count of Judicature at Rangoon, comprising of the Chief Justice and two other Justices.
7.The total number of the Burmese members in the Federal Cabinet shall not exceed the total number of the members of the Frontier States in the said Cabinet.

The Frontier Areas Committee of enquiry during its official enqurires held in Maymyo, gathered evidence from 10 groups of representatives from the Shan States, 8 groups of Kachin representatives from the Bhamo and Myitkyina District, and 10 groups of representatives from the Chin Hills, and found that a majority of them favoured the above decisions of the Supreme Executive Council of the United Hill Peoples, taken at the Yawnghwe Haw. Therefore Part 3 of the Committee’s report stated as follows:
The Future of the Frontier Areas – The views of the witnesses form the Federated Shan States and from the Kachin Hills are strongly in fovour of a federated Burma in which the Federated Shan States will form a State or unit and the Kachin Hills another. They desire the fullest possible autonomy for the Shan States within the federation but agree that certain subjects of general scope should be entrusted to the federation.
Since the Shan State was to send 25 representatives to the Constituent Assembly, the numbers were allocated as follows:
1.11Saphpas
2.11Representatives of the people
3.1Representative of Kokang State
4.2Representatives of Kachins from the Northern Shan States

Total 25 Representatives.
                                      

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