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

Nyan Hlaing Lin

Published on Jan 28, 2020

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.

mmnowelectionads.jpg

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.

Nyan Hlaing Lin

Nyan Hlaing Lin is Senior Reporter with Myanmar Now

Donate

Independent media is under attack in Myanmar... help us hold the powerful to account.

Donate Now

Win Htein to be tried by tribunal of two judges, says his lawyer

Announcement came as court postponed the 82-year-old’s third hearing, meaning his request for bail on health grounds was not considered

Myanmar Now

Published on Mar 19, 2021

Win Htein arrives for the opening ceremony of the second session of the Union Peace Conference in 2017 (EPA-EFE)

Detained National League for Democracy party stalwart Win Htein is to be tried by a special tribunal of two judges following an order from the military-controlled Supreme Court, his lawyer said on Friday.

“It was just one judge before, and now there’s two,” Min Min Soe told Myanmar Now.

“District judge Ye Lwin will serve as chair, and deputy district judge Soe Naing will be a member of the tribunal,” she added.

Win Htein faces up to a 20-year prison sentence for sedition under section 124a of the Penal Code.

His third hearing, scheduled for Friday, was postponed, with the court citing the internet shutdown as the reason because it made video conferencing impossible, Min Min Soe said.

“The arguments will be presented at the next hearing, we applied for bail but since they’re setting up a tribunal for the lawsuit, that will be discussed at the next hearing as well,” she said.

At the second hearing on March 5, Win Htein requested an independent judgement, a meeting with his lawyer, and bail due to his health issues, but the court said those requests would be heard on March 19.

Win Htein, 82, uses a wheelchair and suffers from breathing problems that means he often requires an oxygen tank. He also suffers from diabetes, high blood pressure, hypothyroidism and benign prostatic hyperplasia.

Min Min Soe was allowed a brief call with her client on Friday to tell him that his hearing had been postponed until April 2.

Aye Lu, the chair of the Ottara district administration council in Naypyitaw, is the plaintiff in the lawsuit against Win Htein. Ottara district is where the NLD’s temporary headquarters are located.

Aye Lu filed the charge on February 4 and Win Htein was arrested that evening at his home in Yangon. He has been kept in the Naypyitaw detention center and denied visits from his lawyers.

He was detained after giving media interviews in the wake of the February 1 coup in which he said military chief Min Aung Hlaing had acted on personal ambition when seizing power.

On Wednesday the military council announced that it was investigating Aung San Suu Kyi for corruption, on top of other charges announced since her arrest.

Many other NLD leaders, party members and MPs have been arrested or are the subject of warrants.

Kyi Toe, a senior figure in the NLD, was arrested on Thursday night in Hledan, Yangon.

Myanmar Now

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

Donate

Independent media is under attack in Myanmar... help us hold the powerful to account.

Donate Now

Op-ed

Seeking justice in the wake of Myanmar’s coup

The country’s military leaders have acted with impunity for decades, but now there is a mechanism to bring them to justice

Lin Htet

Published on Mar 19, 2021

Nationwide protests against the coup have been responded with murders, torture and mass arrests by the military regime. (Myanmar Now)

On March 8, U Ko Ko Lay, a 62-year-old teacher, bled to death on a street in the Kachin state capital Myitkyina. He had been shot in the head while protesting the military coup of February 1. That same night, U Zaw Myat Lynn, an official from the National League for Democracy, was taken from his home in Shwepyithar on the outskirts of Yangon and tortured to death. The list keeps growing.

In the more than six weeks since Senior General Min Aung Hlaing seized power, images of soldiers and police officers shooting, beating, and arresting protesters have flooded social media and Myanmar and international news outlets. So far, the regime’s forces have killed well over 200 people (more than half of them in the past week) and seriously injured many more. The junta has also arrested nearly 2,200 people, some of whom, like U Zaw Myat Lynn, have died in custody.

Each day, Myanmar human rights organizations update lists with names, dates, locations, and causes of death. Around 600 police and a handful of soldiers have decided they do not want to be involved in such actions. They have left their posts and even joined the anti-coup movement.

Many soldiers, police officers, and commanding officers are acting with impunity now. But they can face prosecution, not only in Myanmar’s courts but also internationally. Like any country, Myanmar is subject to international law. Because of its history of atrocities, most recently against the Rohingya people, Myanmar is also already subject to special international legal proceedings that apply to the current situation.

The most relevant is the United Nations’ Independent Investigative Mechanism for Myanmar (IIMM). The IIMM was created in 2018 after the Myanmar military’s brutal campaign against the Rohingya people, but it applies to the whole country. Its mission is to investigate “international crimes” from 2011 to the present.

International crimes are generally defined as “widespread and systematic” in nature, involving many victims and locations. These include crimes against humanity, war crimes, and genocide.

In keeping with its mandate, the IIMM is collecting information on the current situation. In a statement released on February 11 (available in Myanmar here), it highlighted the “use of lethal force against peaceful protesters and the detention of political leaders, members of civil society and protesters.”

More recently, on March 17, the IIMM also called on recipients of illegal orders to share this evidence so that those ultimately responsible for these crimes can be held accountable.

"The persons most responsible for the most serious international crimes are usually those in high leadership positions. They are not the ones who physically perpetrate the crimes and often are not even present at the locations where the crimes are committed,” the head of the IIMM, Nicholas Koumjian, says in the statement (available in Myanmar here).

The crimes the IIMM investigates could be tried in Myanmar courts, courts in other countries, or international courts. International crimes are crimes that are so serious that they are considered to be against the international community, and are therefore not limited to courts in one country.

In other words, an international crime committed in Myanmar—for example, widespread and systematic attacks on civilians—can be tried in a court in another country or in an international court.

The Myanmar military is used to getting away with murder. Decades of well-documented killing, rape, and torture of civilians in ethnic minority areas have gone unpunished. No one has ever been tried for the killing of protesters during previous mass uprisings against military rule in 1988 and 2007.

But this time may be different. On March 4, the International Commission of Jurists said in a statement that “the killing of peaceful protesters by Myanmar’s security forces should be independently investigated as possible crimes against humanity.”

The IIMM is already set up and working. It provides a mechanism for just such an investigation. Those doing the shooting should be aware of this.

For further information:

The Independent Investigative Mechanism for Myanmar (IIMM) on Facebook

International Accountability Mechanisms for Myanmar (learning materials in English, Myanmar, and Karen)

Lin Htet is a pen name for a team of Myanmar and international writers

Lin Htet

Donate

Independent media is under attack in Myanmar... help us hold the powerful to account.

Donate Now

At least eight killed in junta’s bloody crackdown in Aungban, Shan State

A resident said armed forces used drones to monitor the crowd before opening fire on them

Myanmar Now

Published on Mar 19, 2021

Men carry a wounded protester in Aungban, Shan State, on the morning of March 19 (Supplied)

At least eight anti-coup protesters were killed in Aungban, southern Shan State, during an attack by the military junta on demonstrations on Friday morning, according to the Aungban Free Funeral Service Society.

Sixteen military trucks carrying more than 100 policemen and soldiers arrived at the protest site at around 9:00 a.m. and began shooting at protesters. Seven died at the scene, and another protester who had been shot in the neck was taken to Kalaw Hospital and died by 11:00 a.m.

All eight victims were men.

The body of the man who died at the hospital was sent to his family’s home, but those who were killed at the protest site were taken away by the junta’s armed forces, a representative of the Free Funeral Service Society told Myanmar Now.

Aungban resident Nay Lynn Tun told Myanmar Now that police and soldiers had destroyed the doors of nearby homes in order to arrest people, and that at least 10 people had been detained.

“Initially, police arrived at the site. When the crowd surrounded the police, armed soldiers arrived at the site and began firing,” he told Myanmar Now. “In the coming days, if we cannot gather to protest, we will do it in our own residential areas.”

Since March 13, around 300 volunteer night guards have watched over these residential areas to protect locals from the dangers posed by the junta’s nighttime raids. These forces use drone cameras to monitor the activities of the night guards from 3:00 a.m. until 5:00 a.m. every day, Nay Lynn Tun said.

He added that hours before Friday’s crackdown, military and police had also used drone cameras to monitor the gathering of protesters in Aungban.

Over the last week, at least 11 protesters have been arrested in Aungban. Only three-- the protesters who were minors-- were released.

South of Shan State, in the Kayah State capital of Loikaw, two pro-democracy protesters were also shot with live ammunition by the regime’s armed forces on Friday. One, 46-year-old Kyan Aung, was shot in the lower abdomen and died from his injuries. The other wounded protester was a nurse, according to eyewitnesses.

According to a March 18 tally by the advocacy group Assistance Association for Political Prisoners, at least 224 people have been killed across the country by junta’s armed forces since the February 1 coup. Thousands more have been arrested.