Amendment committee submits bills to limit military’s political power

Proposals face uphill battle but would transfer military oversight to elected officials and limit number of military MPs

Bills submitted to parliament Monday by a charter amendment committee would drastically limit the military’s role in government if passed, but they face significant opposition from a veto-wielding block of military MPs.

The bills contain more than 114 proposed amendments, including ones that would move oversight of the military from the Defence Services to the popularly-elected president and slowly remove all military-appointed MPs.

The bills are the result of the charter amendment committee’s year-long process of gathering thousands of constitutional amendment proposals from more than a dozen political parties.

The proposals were split into two bills: one containing 51 proposed amendments that under article 436 (a) of the constitution need more than 75 percent of MPs’ votes and more than 50-percent support in a national referendum to pass, and another containing 63 proposed amendments that under article 436 (b) must only meet the parliamentary vote threshold.

Lawmakers received drafts of both bills during a parliamentary session on Monday.

 

 

The military-aligned Union Solidarity and Development Party (USDP) also submitted five of their own bills on 2 September seeking to preserve and even expand the military’s political power. Union speaker T Khun Myat on Monday ordered those bills to be merged into the two current bills.

A new, "30-member" committee was also formed Monday to analyze the new bills. It is being chaired by Lanmadaw township representative Khin Maung Win, with Dr Myat Nyarna Soe serving as secretary-general.

 

 

That committee’s work should be wrapped up within two weeks, when the group will present its reorganized bills, said Myat Nyarna Soe.

"The constitution will be amended without harming the essence of the law," he said.

But lieutenant general Myo Htet Win, a military MP, criticized the bills for representing only the wants of the NLD and ignoring his colleagues.

“It doesn’t reflect the input from the military representatives at all,” he said

It is not yet known when the two bills will be finalized in parliament, but the NLD has said they’d like to complete the process before the end of their current term, in February 2021.

Proposals in the first bill needing to surpass the 75-percent threshold in parliament and a majority of support in a public referendum would:

  • revoke a constitutional provision that places police under the control of the military-appointed minister of home affairs.

  • reduce the number of military-appointed MPs every five-year parliamentary term to 5% by 2030.

  • move the authority to declare a state of emergency from the military-controlled National Defence and Security Council to the president and the union parliament.

  • make the union supreme court the highest court authority in the country, above military courts.

  • abolish section 59 (f) of the constitution, which prevents anyone with a foreign-born spouse or children from becoming president—a provision largely seen as tailor-made to keep Aung San Suu Kyi from the top post—and revise a provision that presidential candidates must be “well-acquainted” with military affairs.

  • lower the threshold of needed parliamentary votes in articles 436 (a) and (b) from more than 75 percent of all MPs to just over two-thirds of elected MPs.

Proposals in the second bill required only to surpass the 75-percent threshold of parliamentary votes would:

  • increase the legislative powers of local, self-administered governments, including the ability to levy taxes.

  • give amnesty-granting powers to the president without requiring the consent of the National Defence and Security Council.

  • require that military officers appointed to government posts retire from the armed services before assuming office.

  • raise the vote count required to recall a sitting MP from 1 percent to 20 percent.

  • redesign the national flag in red and blue, with a large white star surrounded by 14 small, white stars.

 

Correction: A previous version of this story falsely stated that the first bill would eliminate seats reserved for military MPs by 2030. The bill would to maintain 5% of military-appointed seats beyond that date. We regret the error.

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 men believed to be plainclothes officers 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.”

BBC News issued a statement on Friday afternoon saying that they are "doing everything [they] can" to find Aung Thura, who they described as being taken away by unidentified men.

“We call on the authorities to help locate him and confirm that he is safe,” the statement said.

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.

Editor's note: This story was updated to include the BBC's statement, which was not available at the original time of publishing.

 

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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