The state and federal constitutions being drafted by the Opposition can serve as provisional charters when freedom returns to Burma, according to an American legal expert.

Dr David Williams of the University of Indiana was making his comment during the opening ceremony of the 6th State Constitutions Seminar held on the Thai-Burma border last week, two days ahead of the military-organized National Convention near Rangoon on 18 July.
 
It was the first time all the 7 non-Burman state constitution drafting committees had met together to find ways how they could work in harmony with each other and with the future federal government.
 
So far, all states except Arakan have completed at least their first drafts based on 4 guidelines:

·   The draft shall aim for the new federal union of Burma
·   To advocate democracy
·   To promote multi-party system
·   To safeguard the rights of the minorities in each state
 
Drafters were also urged by the Karen leader Padoh Ba Thin Sein, who also serves as the chairman of the Ethnic Nationalities Council (ENC), to also give close attention to the parallel federal constitution drafting process. "If secession is to be discouraged and unity is to be encouraged, the only way out is federalism," he said in his opening address. "And to be federal, there must be fair and equitable division of power between the states and the central."
 
Two days later, he repeated his suggestion in another way. "It is true that whatever we give to the central government must be voluntary," he said. "It is also true we need to be careful about what we give. At the same time, we need to remember that if the central government has little or no power, it can't govern."
 
The first draft of the federal constitution which came out in print two months back was praised by experts as a stroke of genius in some ways. "(For example,) while the prime minister, who heads the federal government, is to be elected by the lower house (whose representatives are elected on population basis)," Dr Williams was quoted as saying, "the president, who is the commander-in- chief of the armed forces, will be elected by the upper house (that represents states). That makes a nice balance."
 
However, he warned that some articles in the draft need critical review. "For instance", he reportedly said," Article 53 says member states are allowed to establish state security force. But it may appear to be offset by Article 100 (15) which says production, selling, importing and exporting of weapons, ammunition and explosives can be done only by the central government."
 
The seminar, 16-20 July, was organized by the Constitutional Affairs Committee (CAC) of the Ethnic Nationalities Council (ENC). The first draft of the federal constitution was adopted by representatives from dissident groups on 8 April. 2006.