‘A waste of time and money’ - NLD’s doomed bid to change charter draws to a close

The NLD spent a lot of energy drafting bills it knew would fail, but the effort may boost its election chances

Published on Mar 21, 2020
MPs vote on proposed constitutional amendments in parliament on March 16 (Photo- Nyan Hlaing Lin/ Myanmar Now)
MPs vote on proposed constitutional amendments in parliament on March 16 (Photo- Nyan Hlaing Lin/ Myanmar Now)

Myanmar’s parliament has concluded a fortnight-long voting marathon on a series of proposals to change the constitution, with only a small fraction of amendments passing.

Of the 135 proposals put forward, lawmakers were only able to pass four, relatively inconsequential, changes.

None of the proposals aimed at wresting power away from the military passed the 75% voting threshold, thanks to opposition from unelected military MPs who make up a quarter of all seats.

The changes they did allow were to language in the charter referencing elderly people and people with disabilities, which must now be approved in a public referendum.

They also allowed tweaks to sections 261a and 344 to remove unnecessary words, which will not require a referendum.

Myat Nyarna Soe, an NLD member and secretary of the charter amendment parliamentary committee said he felt "regretful" on behalf of the public for failing to make meaningful changes.

"We feel regret for the whole country and all the people over this result,” he said.

The votes followed a year of grueling debates in parliament between NLD lawmakers, military MPs and the military-allied Union Solidarity and Development Party (USDP).

According to the record of the union parliament, over 600 MPs attended the voting regularly and there were over 70 invalid ballots on average every day.

Impunity for former dictators

On Friday, the last day of voting, the NLD proposed abolishing all sections under the Transitory Provisions of the charter. The provisions include legal immunity for the members of former junta.

Article 445 of the provisions says "no proceeding shall be instituted" against the State Law and Order Restoration Council (SLORC) and the State Peace and Development Council (SPDC), or anyone who was a member.

Another failed proposal on Friday was aimed at changing the design of the national flag. That bill, backed by the NLD, received 395 votes, or about 60% of lawmakers.

On Thursday, the NLD's bid to put the police force under civilian control faced the expected resistance from military MPs. Article 338 of the constitution places all the country's armed forces under the command of the Defense Services.

Military and USDP MPs also refused to abolish bills concerning the judiciary.

Articles 301d and 310d require the chief justice of the Supreme Court and its judges to be considered “eminent” by the President. The NLD wanted to remove that requirement.

The NLD and ethnic parties proposed 114 changes, most seeking to reduce the military's involvement in the legislature, government and national security.

The rest were submitted by the USDP and the military. Those included the least popular proposal, which with only 30 votes failed to win military support despite being suggested by the USDP and the military.

The proposal was to make it the duty of the constitutional tribunal to vet proceedings in legislatures to ensure they were constitutional. But the lawmakers who submitted forgot to include local parliaments in the bill, so the military and the USDP decided to vote against it.

On Tuesday, Lieutenant Colonel Myo Htet Win, speaking on behalf of military MPs, questioned the NLD's motive behind the amendment effort.

"Are they trying to make constitutional amendments because the people actually want it?" he asked. The NLD was trying to drum up anti-military sentiment with the changes, he suggested.

Upper House MP Wai Sein Aung of the Arakan National Party said on the last day of voting that NLD's efforts had achieved nothing.

"Money and time were wasted," he said. "We tired ourselves out and nothing much changed."

(Written by Tin Htet Paing)

Nyan Hlaing Lin is Senior Reporter with Myanmar Now

Those arrested include a BBC reporter and a former Mizzima correspondent. 

Published on Mar 19, 2021
Photojournalists take cover near the entrance of a monastery where military supporters gathered to attack protesters and media in Yangon on February 18 (EPA-EFE/LYNN BO BO)

A BBC journalist and a former Mizzima News reporter were arrested by the junta’s armed forces in Naypyitaw on Friday afternoon, a family member confirmed.

BBC Burmese journalist Aung Thura was in front of the Dekkhina District court to report on a hearing for National League for Democracy patron Win Htein when he was arrested. Former Mizzima correspondent Than Htike Aung was with him at the time of the arrest.

No further details of the arrest or the reporters’ detention were known at the time of reporting, according to Aung Thura’s relative. 

“I saw some plainclothes officers dragging away a person in trousers into a car,” lawyer Min Min Soe, who was near the court at the time, told Myanmar Now. The man she saw is believed to be Than Htike Aung.  

“Two other officers in plainclothes were hassling another individual in a paso [traditional sarong for men] and glasses,” she said, referring to Aung Thura. “It was quite a scene so I don’t know what happened next.”

As of March 16, a total of 38 journalists had been arrested or targeted for arrest since the February 1 coup. The latest arrests of the BBC and former Mizzima journalists push this number up to 40.  

Only 22 of these reporters have been released. Ten journalists have been charged with violating Section 505(a) of the penal code, which has been used against people who are seen as causing fear, spreading fake news, or agitating government employees. Under recent amendments to the law, the charges come with a three-year prison sentence if convicted.

Online news website The Irrawaddy has also been charged by the junta as violating the same statute for showing “disregard” for the armed forces in their reporting of the ongoing anti-regime protests.

Five publications, including Myanmar Now and Mizzima had their offices raided and their publishing licenses revoked earlier this month by the regime.

 

Myanmar Now is an independent news service providing free, accurate and unbiased news to the people of Myanmar in Burmese and English.

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The offensives come in the wake of deadly crackdowns against anti-coup protesters in Myitkyina 

Published on Mar 18, 2021
A KIA soldier watches from an outpost in Kachin state in this undated file photo (Kachinwave) 

The Kachin Independence Army (KIA) launched attacks against police bases in the jade mining region of Hpakant on Thursday morning, a local resident told Myanmar Now. 

The attacks targeted police battalions where soldiers were stationed near Nam Maw village in the Seik Muu village tract.

“There are Myanmar police battalions around Nam Maw,” a resident said. At least three bases were attacked, he added. 

A 41-year-old civilian in Seik Muu village injured his left hand during the clash, the Kachin-based Myitkyina News Journal reported.

The KIA has launched several offensives against the coup regime’s forces recently. Fighting has also been reported in Mogaung and Injangyang this month. 

Some 200 people fled the Injangyang villages of Gway Htaung and Tan Baung Yan on Monday after the KIA launched an offensive against the military there. 

The offenses began in the wake of deadly crackdowns against anti-coup protesters in Myitkyina. The KIA has warned the junta not to harm anti-coup protesters. 

 

Myanmar Now is an independent news service providing free, accurate and unbiased news to the people of Myanmar in Burmese and English.

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The coup regime’s forces took the injured people away and locals do not know their whereabouts 

Published on Mar 18, 2021
Kalay residents move the body of a man who was shot dead on Wednesday (Supplied) 

Four young men were killed and five people were injured in the town of Kalay in Sagaing region on Wednesday as protesters continued their fight to topple the regime despite daily massacres across the country aimed at terrorizing them into submission. 

The Tahan Protest Group gathered in the town at around 10am and police and soldiers began shooting. One young man was shot dead on the spot as he tried to help people who were trapped amid gunfire, residents told Myanmar Now.   

The regime’s forces also shot at and chased fleeing protesters along roads and through narrow alleys, a resident said.

“The crowd of protesters dispersed but one person was shot dead while trying to rescue those trapped in the protest site,” the resident added. 

As the crowd dispersed, a man riding a motorcycle was shot outside a branch of KBZ Bank. “He also died,” the resident said. 

Despite the murders, protesters gathered again in the afternoon around 4pm. Police and soldiers started shooting again and killed two people. 

“They were shot dead while trying to set up barricades at the protest site. They were shot while trying to obstruct the army’s way as the army troops chased and shot the trapped protestors,” the resident said. 

The two who were killed in the morning were identified as Salai Kyong Lian Kye O, who was 25, and Kyin Khant Man, who was 27 and had three children. The identities of the other two have not yet been confirmed.

Five people were also injured and then taken away. Locals said they did not know where they had been taken.   

 

Myanmar Now is an independent news service providing free, accurate and unbiased news to the people of Myanmar in Burmese and English.

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