Commander-in-chief says ‘constitution can be repealed’

The remarks come a day after a military spokesperson declined to rule out a coup over alleged election irregularities

Senior General Min Aung Hlaing addresses the National Defense University via videoconference on January 27. (Photo: True News Information Unit)

The commander-in-chief of Myanmar’s armed forces said on Wednesday that the country’s 2008 constitution could go the way of previous charters “if the law is not abided by.”

Speaking via videoconference to senior instructors and military officers at the National Defense University, Senior General Min Aung Hlaing appeared to suggest that the military was prepared to seize power if necessary.

The remarks came a day after a military spokesperson said that a coup couldn’t be ruled out if allegations of vote-rigging in last year’s election are not adequately addressed.

When asked if the Tatmadaw would rule out taking over again, spokesperson Brig-Gen Zaw Min Tun replied: “We can’t. The military will act in line with all laws, including the constitution.”

According to the military’s True News Information Unit, Min Aung Hlaing reiterated the need to “respect and abide by” the constitution, which he called “the mother law,” but added: “As I said before, if the law is not abided by, it must be repealed.”

He noted that there were a number of precedents for this in Myanmar’s modern history.

“During the Revolutionary Council era, the 1947 constitution was repealed. When the State Law and Order Restoration Council came to power, the 1974 constitution was abolished,” he said.

In both cases, the scrapping of existing constitutions ushered in decades-long eras of often brutal military rule.

His remarks are likely to fuel fears that the military could once again use force to nullify the results of an election won by the ruling National League for Democracy (NLD), as it did in 2015 and 1990.

The current constitution was drafted by the military and designed to preserve the Tatmadaw’s preeminent position in Myanmar politics.

Under the 2008 constitution, the commander-in-chief, and not the president, controls all armed groups. The key ministries of defense, home affairs, and border affairs are all headed by serving military officers, and 25 percent of all seats in parliament are reserved for military appointees.

The constitution also has a provision that allows the military to assume power in a state of emergency, but only for a specified period of time, and only if it is declared by the president.

This last provision could explain why the commander-in-chief is now publicly contemplating the possibility of doing away with the constitution altogether.

The military has expressed growing dissatisfaction with the Union Election Commission (UEC) since before the country went to the polls on November 8, warning it in the run-up to the election to “be careful” to ensure that the vote was free and fair.

Post-election, it has stepped up its complaints, claiming at a press conference on Tuesday that it had documented more than 8.6 million voter list irregularities.

Calling the situation a “national crisis,” the military said it wanted answers from the president, parliament, and the UEC.

If it doesn’t receive them, the military has “answers” of its own, military spokesperson Zaw Min Tun said on Tuesday, without elaborating.

The NLD responded that the matter should be resolved through legal channels.

“We welcome all actions in accordance with the law. We will also act in accordance with the law,” its spokesperson, Dr. Myo Nyunt, said.

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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