[EVENT] Constitution of the Federated Shan States

Constitution of the Federated Shan States

Preamble

Throughout the course of their history, the Shan people, having worked with due diligence and earnest desire, have established for themselves a continuation of their long standing traditions of solidarity, righteous perseverance, patriotic fervor, and want of truly popular self-governance and administration have so chosen to form this government which is social, republican, and democratic.

This Constitution of the Federated Shan States is the complete culmination of decades of struggle and labor and embodies the whole of the spirit of the Shan People who value freedom and the right of national self-determination above all else.

Chapter 1: The Political System

Article 1

The Federated Shan States is an independent, sovereign, and united country whose territories, provinces, states, and possessions are inalienable and sacred.

All acts against the independence, sovereignty, unity, and territorial integrity against the course of building and defence of the Nation, must be strictly punished.

The national language of the Federated Shan States is Lik Tai and its official written form is Kwam Tai so to better preserve the unique national identity.

Article 2

The Federated Shan States is founded upon the ideals of democratic and popular representation of the collective will of the Shan peoples.

In order to most fully exercise the ideological foundations of the nation, sovereignty is invested into the Shan people for whom the state acknowledges, respects, guarantees, and protects the rights of citizens, democracy, justice, and exercise of civilization.

The State implements a policy of comprehensive development, and provides conditions for the ethnic minorities to promote their physical and spiritual abilities and to develop together with the nation.

Article 3

The official name of the country is the Federated Shan States

Article 4

The people shall exercise State Power through the application of both direct democracy and through representative democracy through the National Parliament and local People’s Assemblies.

The election of representatives to the National Parliament and to local People’s Assemblies shall be held in accordance with the principles of universal, equal, and direct suffrage.

Further requirements for elections shall be determined by special electoral law.

Article 5

The State is organised and operates in concordance with the Constitution and the law, and manages society by the Constitution and the law.

Article 6

The National Anthem of the Federated Shan States is the “Shan National Hymn.”

The National Flag shall be a banner with yellow, green, and red stripes featuring a central white moon.

The National Seal of the Federated Shan States is circular in shape, it has a deep green background with a frame of golden grain. It has a white full moon with a white leaping tiger beneath.

The capital of the Federated Shan States shall be established by a law.

Chapter 2: Fundamental Rights and Obligations of Citizens

Article 7

All persons who hold the nationality of the Federated Shan States are citizens of the Federated Shan States and are equal before the law.

Every citizen is entitled to the rights and at the same time must perform the duties prescribed by the Constitution and other laws.

Article 8

All citizens of the Federated Shan States shall enjoy the freedom of religious belief and expression

No organ of state, public organization, or private individual may compel citizens to believe in, or not to believe in, any religion; nor may they discriminate against citizens who believe in, or do not believe in, any religion.

The State protects normal religious activities. No one may make use of religion to engage in activities that disrupt public order, impair the health of citizens or interfere with the educational system of the State.

Religious bodies and religious affairs are not subject to any foreign domination.

Article 9

No citizen may be arrested except with the approval or by decision of an nationally sanctioned administrative body or by a court, and arrests must be made by a public security organ.

Unlawful detention or deprivation or restriction of citizens’ freedom of the person by other means is prohibited, and unlawful search of the person of citizens is prohibited.

Article 10

The dignity of the person is inviolable for insult, libel, false accusation or false incrimination directed against citizens by any means is prohibited.

Article 11

The residences of citizens are inviolable. Unlawful search of, or intrusion into, a citizen’s residence is prohibited.

Article 12

Citizens of the Federated Shan States have the right to criticize and make suggestions regarding any State organ or functionary. Citizens have the right to make to relevant State organs complaints or charges against, or exposures of, any State organ or functionary for violation of law or dereliction of duty; but fabrication or distortion of facts for purposes of libel or false incrimination is prohibited.

The State organ concerned must, in a responsible manner and by ascertaining the facts, deal with the complaints, charges or exposures made by citizens. No one may suppress such complaints, charges and exposures or retaliate against the citizens making them.

Citizens who have suffered losses as a result of infringement of their civic rights by any State organ or functionary have the right to compensation in accordance with the provisions of law.

Article 13

All citizens of the Federated Shan States have the right and obligation to work.

Article 14

The citizens of the Federated Shan States have the right to education as well as the obligation to it.

Article 15

Marriage and the family are protected by the State.

Parents have the duty to rear, raise, and educate their children who have not yet reached the age of majority, and those children who have reached the age of majority have the obligation to support and assist their parents.

There is no such concept of illegitimacy in regards to children.

Violation of the freedom of marriage is prohibited. Maltreatment of old people, women and children is prohibited.

Article 16

The citizens of the Federated Shan States through the exercise of their freedoms and rights, may not infringe upon the interests of the State, of society or of the collective, or upon the lawful freedoms and rights of other citizens.

Article 17

It is the duty of each citizen to safeguard the nation.

In exercising their duty to safeguard the nation, the citizens of the Federated Shan States must abide by the Constitution and other laws, keep State secrets, protect public property, observe labour discipline and public order and respect social ethics.

Article 18

It is the sacred duty of every citizen of the Federated Shan States to defend the motherland and resist aggression. It is the honourable duty of citizens of the Federated Shan States to perform military service and join the militia in accordance with law.

Article 19

It is the duty of every citizen to pay taxes in accordance to the law.

Chapter 3: Structure of State

Article 20

The Federated Shan States is organized into states and regions which shall be organized under the law with the consent of the National Parliament after consultation from the President of the Federated Shan States.

The sub-state and sub-regional organization of the Federated Shan States shall be established in law.

Chapter 4: Head of State and Government

Article 21

The executive powers of the Federated Shan States shall be vested within the President of the Federated Shan States.

Article 22

The President of the Federated Shan States shall take precedence over all other persons throughout the Federated Shan States.

Article 23

The President of the Federated Shan States may be so honored with this privilege through the fulfillment of the following qualifications:

  1. Shall be a loyal and devout to the Nation and its citizens;
  2. Shall be a citizen of the Federated Shan States born to parents who were born in the territory within the jurisdiction of the Federated Shan States – the sole exception of this shall be those of the Nation who were born before the foundations of the Federated Shan States;
  3. Shall be elected by the majority vote of the National Parliament;
  4. Shall be a person of at least 35 years of age;
  5. Shall be acquainted with the affairs of the Federated Shan States;
  6. Has legally resided within the Federated Shan States for at least twenty (20) years up to the time of his election as President; the only exception to this law shall be those of the Nation present at the founding of the Federated Shan States;
  7. Shall he, himself, his spouse, parents, nor children or their spouses, owe allegiance to any foreign power, not a subject of a foreign power, a citizen of a foreign country;
  8. Shall possess prescribed qualifications of the President, in addition to qualifications prescribed to stand for election to the National Parliament;

Article 24

The Vice-President, having fulfilled the same requirements as the President, shall be elected by the Vice-Presidential Electoral College who shall so be made of the Office of the President, a group elected from and by the members of the National Parliament, a group elected by and from the Armed Forces of the Federated Shan States, and from among the governors of the regions of the Federated Shan States

Article 25

The term of office for the President and Vice-President shall be set at seven (7) years.

Upon the expiration of the term of office of the incumbent, the President and Vice-President shall continue in their duties until the time the new President is duly elected.

Upon the sudden and untimely cessation of his duties, be it by death or other means, the Vice-President shall carry out the functions of the President for the remainder of his term.

Article 26

If the President or Vice-President are members of the National Parliament, they shall be required by law to forfeit their seats.

Article 27

The President and the Vice-President shall furnish a list of all family assets under his direction.

The President and the Vice-President shall receive the proper emoluments, allowances, and insignia of office as prescribed by law. Each shall be afforded appropriate official residence.

Article 28

Except in the case of removal from office following impeachment, the President and the Vice-Presidents shall enjoy pension and suitable allowances on retirement in accord with the law after the expiry of the term of office

Impeachment may be impeached for any of the following reasons:

  1. High treason;
  2. Breach of the provisions of this Constitution;
  3. Gross misconduct and abuse of their position as President or Vice-President;
  4. Being disqualified for the President or Vice-President under provisions as prescribed in this Constitution;
  5. Inefficient discharge of duties assigned by law;

If it be required to impeach the President or any Vice-President, a charge signed by not less than one-fourth of the total number of members of the National Parliament shall be submitted to the Office of the Head of the Speaker of the National Parliament.

Action shall proceed only when this charge is supported by not less than two-thirds of the total number of members of the National Parliament.

The President or the Vice-President shall have the right to refuse the charge himself in person or through a representative when it is investigated.

If, after the investigation, not less than two-thirds of the total number of members of the National Parliament which investigated the charge or caused the investigation to be initiated passed the resolution that the charge has been substantiated and renders the President or the Vice-President unfit to continue in office, the National Parliament shall submit to the Speaker of the National Parliament such resolution to remove the impeached President or the impeached Vice-President from office.

The Office of the Speaker of the National Parliament shall declare the removal of the President or the Vice-President upon receiving the submission.

Article 29

The President and the Vice-President shall be allowed to resign from office of his own volition before the expiration of his term of office.

Article 30

The President shall from time to time give to the National Parliament information of the state of the Country, and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene the National Parliament, and in case of disagreement with respect to the time of adjournment, adjourn them to such time as he shall think proper; he shall receive ambassadors and other public ministers; he shall take care that the laws be faithfully executed, and shall commission all the officers of the Federated Shan States.

He shall possess the power to make treaties upon the consultation of his cabinet and the consent of the National Parliament.

The President shall be commander in chief of the Armed Forces, when called into the actual service of the Federated Shan States; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardons for offenses against the Federated Shan States, except in cases of impeachment.

Article 31

The President of the Federated Shan States shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Federal Court, issue promotions of the army, and appoint those positions not mentioned which are necessary to carry out the governance of the Country.

Article 32

Before the execution of the duties of office, the President of the Federated Shan States and the Vice-President of the Federated Shan States shall take the following affirmation: – ‘I do most solemnly affirm, that I will faithfully execute the Office of President of the Federated Shan States with unwavering loyalty and love for the Nation, doing so to the greatest of my abilities. I shall serve dutifully in the promotion, preservation, and defence of the Constitution of the Federated Shan States.

Chapter 5: National Parliament

Article 33

The National Parliament is the legislative body of the Federated Shan States and shall number no less than one hundred (100) seats which shall be filled by universal, direct, proportional, and equal suffrage.

Legislative Power is vested within the National Parliament of the Federated Shan States.

The elections for the National Parliament shall be held in cycles which are no more than four (4) years.

Upon the Emergency Dissolution of the National Parliament, the President of the Federated Shan States shall have one-hundred and twelve (112) days before the convening of a new National Parliament.

Article 34

The National Parliament shall be convened every second Tuesday of the month of February and shall be called to order by the President of the Federated Shan States.

The First convention of the National Parliament shall have the announcement of its officers which shall include the Office of the Speaker of the National Parliament.

The National Parliament in its regular sessions shall be convened for no more than twenty-five (25) consecutive weeks but no less than three (3) consecutive weeks.

Article 35

The National Parliament shall have the power and the privilege to lay and collect taxes, duties, imposts and excises, pay debts, provide for the common defence of the Federated Shan States.

The National Parliament shall have the powers to borrow money; regulate commerce; establish uniform laws of naturalization; establish laws and regulations of bankruptcy; establish posts and roads; constitute tribunals inferior to the Supreme Federal Court; and exercise in legislation.

The National Parliament shall have obligation to establish and approve budgets and expenditures as necessary for the functions of governance with the assistance of the Office of the Ministry of the Treasury. The draft budget proposal shall be submitted to the Office of the Speaker of the National Parliament no later than the Tuesday of the Third Week of the first annual regular session of the National Parliament. The Speaker of the National Parliament shall send the draft budget proposal to the floor of the National Parliament. In the event that no draft budget proposal is submitted and no budget passed, the budget from the previous year shall be the budget of the present year.

Article 36

The National Parliament shall allot certain powers and provisions to the Office of the President of the Federated Shan States which are so required to assist him in the execution of his duties which are unspecified within this Constitution.

Article 37

Membership to the National Parliament shall be reserved for person who have attained the age of twenty-two (22) years and has resided within the country for at least fifteen (15) years prior to their declaration to stand for elections. Further requirements shall be within those similar to the Offices of the President and the Vice-President of the Federated Shan States.

Members of the National Parliament shall not be removed from office outside of death, retirement, loss of election, gross dereliction of duty, or any number of offenses against the Federated Shan State.

Chapter 6: The Judiciary

Article 38

The highest court within the Federated Shan States is the Supreme Federal Court which has the power to condone and oversee the creation of lower courts with the assistance of the National Parliament.

The Supreme Federal Court of the Federated Shan States shall hold jurisdiction over all matters save the Armed Forces which shall be overseen by the High Military Tribunal.

Article 39

The Supreme Federal Court shall have the power to issue such writs and warrants as follows:

  1. Writ of Habeas Corpus
  2. Writ of Mandamus
  3. Writ of Prohibition
  4. Writ of Quo Warranto
  5. Writ of Certiorari

The Supreme Federal Court shall have their ability to issue writs shall be suspended in areas in which a State of Emergency is declared.

The High Military Tribunal shall assume the responsibilities of the Supreme Federal Court during a State of Emergency.

Article 40

The Supreme Federal Court will submit a judiciary budget to the Ministry of the Treasury on the First Monday of January so to ensure that it is present in the Annual Budget and in accordance with this Constitution.

Article 41

The appointment to the Supreme Federal Court is at the discretion of the President of the Federated Shan States with the consent of the National Parliament. The Chief Justice of the Supreme Federal Court of the Federated Shan States shall be named by the President of the Federated Shan States.

The Justices to the Supreme Federal Court shall be established at no less than five (5) but no more than nine (9) justices.

Justices of the Supreme Federal Court shall be free of all party affiliation and with similar qualifications to that of the President of the Federated Shan States.

Article 42

Those who are members of the Supreme Federal Court shall serve their terms of appointment dutifully and faithfully and may not be removed from office except in such case as:

  1. Gross abuse of the positions of their office;
  2. Committing a crime under the auspices of their official capacity;
  3. High treason;
  4. Death;
  5. Retirement;
  6. Incapacitation due to matters of health;

The process of removal from their office shall begin with the submission, in writing, of the President of the Federated Shan States or of the Office of the Speaker of the National Parliament which shall be delivered unto the appropriate committee of the National Parliament which shall then follow similar procedures as outlined for the impeachment of the President of the Federated Shan States.

Chapter 7: The Armed Forces of the Federated Shan States

Article 43

The principle armed force of the Federated Shan States is the Shan People’s Army

Article 44

All branches of the armed forces shall be subject to the command of the Shan People’s Army.

Article 45

The Shan People’s Army shall be the safeguard to all threats to the Federated Shan States and its citizens, both foreign and domestic.

Article 46

During times of need, when deemed necessary, the Office of the President as Commander-in-Chief of the Shan People’s Army shall, with the consultation of the Chief of Staff of the Shan People’s Army and the Minister of Defence, establish militias and organs to assist in the promotion and protection of public order.

Article 47

The President of the Federated Shan States shall appoint the Minister of Defence and the Chief of Staff of the Shan People’s Army.

Article 48

The Shan People’s Army shall be divided into what branches are so necessary to ensure the protection of the Nation. At a minimum there shall be the division of the Shan People’s Army into the Shan People’s Army – Ground Forces and the Shan People’s Army – Air Forces, and the National Border Guard.

Chapter 8: Elections

Article 49

The election of representatives to the National Parliament and to local People’s Assemblies shall be held in accordance with the principles of universal, equal, and direct suffrage.

Those citizens who are aged nineteen (19) years and have legally resided within the Country for ten (10) years prior, and having no disqualifying aspects shall be eligible to vote.

Persons who shall be disqualified from the right to vote shall be as follows:

  1. Persons serving prison terms;
  2. Persons determined to be of unsound mind and stands so declared by a competent Court;
  3. Persons who have not yet been declared free from insolvent;
  4. Persons disqualified by election law;
  5. Persons who have served sentences for fraud, homicide, or violent offenses which have caused grievous injury to a person.

Article 50

Every citizen who is not disqualified by the law shall have the right to contest for and hold office within the Federated Shan States

Article 51

To ensure the prospects of a fair and regular election, the President of the Federated Shan States shall constitute a Federal Commission for the Monitoring of Elections.

The Federal Commission for the Monitoring of Elections shall constitute a minimum of five (5) members which shall include the Chairman of the Elections Commission who shall be so nominated by the Office of the Speaker of the National Parliament and confirmed by the Offices of the President and the Vice-President of the Federated Shan States.

The Chairman of the Federal Commission for the Monitoring of Elections shall be a person who:

  1. has attained fifty (50) years of age;
  2. fulfills the requirements so established for membership to the National Parliament;
  3. possesses integrity and experience;
  4. is not a member of the National Parliament;
  5. shall be loyal to the State and to the Nation;
  6. shall not be a member of a political party.

Article 52

The Duties of the Federal Commission for Monitoring Elections are as follows:

  1. Holding elections for the National Parliament;
  2. Monitoring elections throughout the country;
  3. Supervising National Parliament elections;
  4. Designating and amending constituencies;
  5. Compiling a list of eligible voters and amending thereof;
  6. Postponing elections of the constituencies where free and fair election cannot be held due to natural disaster or due to local security situation;
  7. Prescribing rules relating to elections or political parties in accord with the provisions of this Constitution, and procedures, directives, so forth, in accord with the relevant laws;
  8. Constituting the election tribunals for trial of disputes relating to election in accord with the law;
  9. Performing duties assigned under a law.

Article 53

The impeachment of the Chairman of the Federal Commission for the Monitoring of Elections shall be done under the same reasoning as that of the President of the Federated Shan States with the submission of the call for impeachment by the Vice-President of the Federated Shan States.

Chapter 9: Political Parties

Article 54

A political party shall be mandated to file with the Federal Commission for the Monitoring of Elections and shall further be required to uphold the sanctity of the Shan Nation and hold solidarity with the Citizens of the Federated States. Political parties shall support and uphold the practice of democratic elections and representation upon the population and uphold, protect, respect, and and abide by this Constitution.

Article 55

Political parties shall be required to maintain and routinely update a roster which shall be granted to the Federal Commission for the Monitoring of Elections.

Article 56

Political parties shall be barred from the possession of an armed faction or wing, this shall be so done to ensure the promotion of the democratic practice supported by this Constitution.

Article 57

The National Parliament shall enact the necessary laws concerning political parties.

Chapter 10: Amending This Constitution

Article 58

The provisions of this Constitution may be amended in a manner hereinafter provided that:

  1. the proposal to amend the Constitution shall be submitted to the Office of the Speaker of the National Parliament who shall inspect the proposal before sending it to the National Parliament who shall issue the proposal as a Bill;
  2. the Bill to amend the Constitution shall contain no other proposals.

Article 59

The Bill to Amend the Constitution shall require first a vote to hear the proposal which shall require a vote of forty-five percent (45%) of the necessary quorum of the National Parliament which shall be set at sixty percent (60%).

To pass an amendment to the Constitution, a vote of eighty percent (80%) shall be required of the entirety of the National Parliament who must be assembled. Should the entirety of the National Parliament of not be assembled during the vote, the Bill shall be tabled to the next session of Parliament.

Article 60

Amendments to the Constitution may be made at the behest of a vote of seventy-seven percent (77%) of the eligible voting population in the form of a referendum in the event that the National Parliament is unable to convene the entirety of its members.

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