NLD Wants Military Lawmakers Out of Parliament By 2035… And a New National Flag

Raft of proposed changes to charter includes nitpicking about language and attempts to boost civilian powers, but military seems unlikely to allow real change 

Thousands of civilians hold a rally to support the amendment of 2008 constitution on July 17 (Photo- Sai Zaw/ Myanmar Now)

State Counsellor Aung San Suu Kyi’s quest to prise power from the military by amending the constitution has entered a new phase, and it’s one with a lot of paperwork. 

After almost five months of closed-door meetings, a committee set up to propose changes circulated a hefty document among MPs this week that is about as thick as the constitution itself.

It details more than 3,700 proposals from thirteen different political parties. They range from symbolic tweaks to language to changes that would mark a radical shift in the balance of power between the government and the generals. 

The latter seem unlikely to go anywhere just yet. Military MPs refused to submit any proposals despite being on the committee, and have objected to the committee since its formation in February, claiming it breaches constitutional rules. 

While the military is widely expected to veto any changes that threaten its power, observers say the NLD’s efforts will at least show voters they tried ahead of next year’s election, and enable them to blame their failure on the military. 

Here are some of the most striking suggestions from the committee, which will soon be up for debate in parliament:

Let Suu Kyi be president  

Section 59f does not explicitly name Aung San Suu Kyi, but its prohibition on anyone with a foriegn spouse or children becoming president is widely seen as a means of preventing her from taking the top role. 

This section has stirred some of the most passionate debate, with NLD supporters viewing it as an attack on their favourite leader while nationalists argue it is necessary to protect Myanmar from outside influence. 

Unsurprisingly, the NLD suggested abolishing this section, a call that was echoed by the Shan Nationalities League for Democracy (SNLD) and the National United Democratic (NUD) party.

The ruling party remained silent, however, on a clause concerning the role of the first Vice President. Section 60b (iii) gives the military the power to appoint one of two VPs. Several smaller parties from the Rakhine, Shan, Zomi and Ta’ang groups called for it to be scrapped.  

Get the military out of parliament… eventually 

Sections 109b, 141b, and 161d allow the military to appoint MPs to 25% of all seats in national and local parliaments. 

The Arakan National Party (ANP), the SNLD, the Mon National Party (MNP), and the NUD have proposed changing this to get rid of military MPs outright. 

The NLD, meanwhile, has taken a more cautious approach that might be seen as an attempt to show it is serious about stability and a smooth transition of power.  

The party wants to gradually reduce the number of military MPs until eventually getting rid of all of them in 2035. 

The first stage would be to reduce their share of seats to 15% after the 2020 election. That would then drop to 10% after 2025, 5% after 2030 and zero for the election after that. 

While it might well be an attempt to appease the generals, in practice the gradual phase-out would largely mean the same thing as getting soldiers out of parliament all at once: the military would lose its veto over constitutional changes. 

Get rid of the military’s veto

Any change to the constitution requires the approval of more than 75% of MPs across both houses, and there are 94 sections of the charter that also need to be approved in a referendum in which at least half of all eligible voters participate.

The NLD wants to change that so that amendments require approval from just two-thirds, or 66%, of MPs. The party now has 58% of all seats in parliament, and 78% of all elected seats. 

Combined with their proposal to reduce the proportion of military MPs to 15%, this change could conceivably give the NLD full power to change the constitution (minus those sections that also need a public vote, and assuming they don’t suffer major losses in future elections).

Allow civilian oversight of armed forces

The NLD and the ANP have both proposed abolishing section 338, which states that “All the armed forces in the Union shall be under the command of the Defence Services.”

The SNLD meanwhile has proposed amending the section to bring armed forces “under the command of the elected civilian government under any circumstances”. 

The NLD also wants to abolish section 339, which states: “The Defence Services shall lead in safeguarding the Union against all internal and external dangers.”

Again, the SNLD has opted for an amendment, rather than scrapping the section, proposing that the purpose of the Defence Services should be to protect Myanmar from external threats only, and advising that the number of people in the military be kept at under 0.5 percent of the total population.

Abolish or reform the National Defense and Security Council 

The constitution stipulates that a body stacked with military appointees, including the commander-in-chief, will have control over key security issues. 

The National Security and Defense Council is charged with taking power in a state of emergency and approving the use of conscription during war. It also recommends prisoners to be pardoned in presidential amnesties.

The ANP has proposed scrapping the council altogether by abolishing section 201, a move which would likely give the president more executive power in military matters. 

The NLD, NUD and SNLD want to keep the council but amend section 201 so there are fewer military members. 

Military-appointed ministers have to ditch uniforms before joining cabinet 

Smaller parties like the ANP, the SNLD and NUD want to get rid of a clause that allows the military to appoint the ministers for defense, home affairs and border affairs. 

But the NLD has ignored section 232b (ii), which deals with the appointments, and has instead proposed changing a clause that says military appointees are not required to retire from service before becoming ministers.   

Critics might argue that that would essentially leave the three powerful ministries in the hands of the generals while giving them a veneer of civilian control.

Abolish courts martial

The Mon National Party has proposed abolishing courts martial by scrapping section 293b, which details the military’s powers to hold private trials. But it seems unlikely to gain any support: no other party has suggested any changes to this clause. 

No more discipline in our democracy, thanks

Other suggestions seem to be more about aesthetics or symbolism than changing the balance of power. The ANP and other parties want to change the official name of the country from the “Republic of the Union of Myanmar” to the “Democratic Federal Union of Myanmar”.

The SNLD, which submitted over 1,110 proposals, far more than any other party, made clear it had combed every detail when it suggested changing the title of chapter 7 from “Defence Services” to “National Security and Defence”.

The NLD meanwhile, wants to ditch the words “disciplined” and “multi-party” from the list of adjectives chosen to describe Myanmar’s “democratic system” in section 6d of the charter’s basic principles. 

The former word signals the military’s desire to maintain a role in politics, while the latter might hint at a political system where the NLD doesn’t command a supermajority in parliament. 

Smaller parties including the ANP and the SNLD want to ditch “disciplined” but, understandably, hang on to “multi-party”. And to be fair to the NLD, they opted to keep the inclusive qualifier a bit lower down, in section 7.

The ruling party has also proposed a design for a new national flag that harks back to the days before Ne Win seized power in a coup.

So what’s next? 

A total of 122 MPs have signed up to debate the amendments, a process which is expected to start next week. 

Of those, a disproportionate 78 are military-appointed MPs, which suggests that the Tatmadaw plans to use the debate to make its views about this whole process well-known.

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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