Myanmar’s Parliament Speaker Shwe Mann on Tuesday called on a legislative panel entrusted with identifying reforms to the country’s constitution to focus on a controversial chapter that deals with the military’s vast powers and that prevents opposition leader Aung San Suu Kyi from becoming president.
He sent a letter to the parliamentary committee suggesting it give priority to reviewing Chapter 12 of the constitution, which was written in 2008 when the country was ruled by a military junta.
He also wanted the 31-member constitutional amendment implementation committee to complete its review at least six months before the November 2015 elections.
Chapter 12 contains a provision which states that constitutional reform can only take place with the support of more than 75 percent of the lawmakers, effectively giving the military bloc a veto over any amendments based on its 25 percent control of parliament.
“Article 436 … is the main obstacle to making changes,” the letter said.
“Only after [amending] that can other changes go through.”
Also included in Chapter 12 is Article 59F, which prevents National League for Democracy (NLD) leader Aung San Suu Kyi from becoming president because her two sons are British nationals.
Shwe Mann’s action came amid concerns over the slow progress—both within the government and legislature controlled by the ruling party—in bringing about the charter changes before crucial 2015 elections, in which he and Aung San Suu Kyi had said they would make a bid for the presidency.
A constitutional amendment requires at least 75 percent approval in parliament before it is put to a national referendum, but together, the military and the USDP control more than 80 percent of legislative seats.
“After taking into serious consideration from every aspect the true voices and desires of the people, I have replied in a letter to the committee with some basic points so that it can carry out its work smoothly and successfully,” Shwe Mann told parliament Tuesday.
Shwe Mann, who chairs the ruling Union Solidarity and Development Party (USDP), asked the parliamentary panel to “report their findings on the necessary amendments or enactment of legislation six months before the 2015 election.”
“In the committee meetings, Chapter 12 amendments of the constitution should be first reviewed with recommendations,” the letter continued.
Articles 109, 141, and 161D are also included in Chapter 12 and ensure that a quarter of all parliamentary seats are reserved for military officers.
According to local media, changes to the Chapter 12 articles would need to be approved by more than 50 percent of the public in a national referendum.
Shwe Mann suggested in his letter that “the present role of the military in the [parliament] should be reduced to bring it in line with democratic practices,” called for a reduction in over-centralized systems, and advised that the committee study issues of autonomy and equality for the Myanmar’s ethnic groups.
He also called on the review body to investigate how changes to the charter could affect issues concerning the basic rights of the country’s citizens, national reconciliation, selection of state leaders through elections, and implemention of a federal democracy.
Reaction
Shwe Mann’s recommendations came a week after the NLD and prominent civil society group the 88 Generation Students agreed to jointly push for amendments to the country’s constitution—specifically Chapter 12—in a bid to ensure full democracy and the formation of a federal union.
Eleven of the 31 seats in the new implementation committee are held by the ruling United Solidarity and Development Party (USDP), while the military has seven and the NLD has two. The remaining seats are held by either smaller opposition or ethnic parties.
And while Aung San Suu Kyi has backed the formation of the committee, some members of her party have expressed doubts over its likelihood to implement change.
The Irrawaddy online journal quoted Win Htein, a NLD lawmaker, as saying that it is up to the committee to make the changes, despite the guidelines suggested by Shwe Mann’s letter.
“It’s not sure that all of our [NLD] suggested amendments will be included in their final decisions … We cannot expect that,” he said, adding that the NLD would continue push for the amendments it desires regardless of what the committee decides.
“As you know, the NLD is campaigning both inside and outside of parliament for constitutional amendments,” the report quoted him as saying.
The Democratic Voice of Burma (DVB) interviewed Ko Ni, a lawyer representing the NLD, who said that even if amendments are proposed by the committee, the 2015 deadline will be too late.
“I appreciate the call to specify a time frame for the reforms, but why not say earlier, in 2014, instead of just six months ahead of the elections,” Ko Ni said to the DVB.
“If someone is ill, it is best to give them treatment as soon as possible, otherwise it will prolong their suffering and make recovery more unlikely … The sooner we amend the constitution, the sooner we can reach the democracy that we long for.”
Broader support
Other MPs also urged changes to the charter, particularly to Article 436.
“Article 436 is vital. A referendum for the changes, as called for in the constitution, needs the support of 75 percent of MPs, and so the clause on referendum should be dropped totally,” Khine Maung Yi of the National Democratic Force (NDF) told RFA’s Myanmar Service.
“[The entire parliament] should be responsible for the changes. Article 436 should be dropped so that MPs can take responsibility for the law-making process. Article 436 is controlling the powers of the parliament,” he said.
Dwe Bu, MP for the Democracy Party Kachin State, said that ridding the charter of Article 436 would “open the door to change.”
“If this door is not opened, nothing can be done, no matter what even 60 million people say or do,” she said.
“The military should support changes to 436. Only if it is abolished can we go ahead with amendments.”
Discipline urged
Meanwhile, Aung San Suu Kyi on Tuesday cautioned young party members to maintain discipline and adhere to existing laws while advancing the party’s demands for constitution reform.
“This constitution will never be able to bring about a truly democratic union. That’s the reality and we have to carry out our actions and organization work based on truth,” she said to the members who were visiting her in Yangon from Paungde township in Bago division’s Pyay district.
She called on the youth to promote the NLD’s goals “with decency” and to avoid acting like children quarreling with the ruling party.
“Try to uphold the country’s dignity and the party’s reputation and do it the right way,” she said.
“You must do everything with good discipline and within the bounds of existing laws.”
Reported by RFA’s Myanmar Service. Translated by Khin Maung Nyane. Written in English by Joshua Lipes.