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.

An ex-convict businessman says that he gave the State Counsellor more than $550,000 in cash when ‘there was no one around.’ 

Published on Mar 18, 2021
Maung Weik (first from left) is pictured near State Counsellor Aung San Suu Kyi at the opening ceremony of a government housing built by his Say Paing Company. (Maung Weik/ Facebook)

The military council announced on March 17 that it would attempt to charge State Counsellor Daw Aung San Suu Kyi, who has been detained since Myanmar’s February 1 coup, with corruption.

The junta’s move is linked to new allegations against Aung San Suu Kyi by businessman Maung Weik. The owner of the Say Paing construction and development company, Maung Weik was formerly imprisoned on drug charges and is known to have close relationships with members of the military’s inner circle.  

Military-run media aired a recorded statement made by Maung Weik alleging that he had given Aung San Suu Kyi more than US$550,000 in cash-filled envelopes on the four occasions he met her between 2018 and 2020. 

“There was no one around when I gave her the money,” he said in the video statement. 

Under Myanmar’s earlier military regime, Maung Weik maintained ties to several generals, including former intelligence chief Khin Nyunt.

He was sentenced to 15 years in prison on drug charges in 2008, but was released in 2014 while the country was led by the military-backed Union Solidarity and Development Party.  

Upon his release, Maung Weik founded Say Paing–a construction company–and ran various business ventures through his connections to military officials.  

Maung Weik’s wife is also the niece of military-appointed Vice President Myint Swe, who was also the former chief minister of Yangon under the former military administration. 

The coup council announced on March 11 that the now-ousted National League for Democracy’s (NLD) Yangon Region chief minister Phyo Min Thein had given Aung San Suu Kyi $600,000 and more than 11 kilograms of gold. The announcement provided no reason as to why the money and gold were allegedly given to the State Counsellor by the chief minister. 

A top NLD figure told Myanmar Now that the funds in question were donations to build a pagoda. 

“They’re trying to fabricate this and ruin [Aung San Suu Kyi’s] reputation, but the public already clearly knows it’s not true. There’s no need to say anything else,” the official said. 

The junta has also accused the Daw Khin Kyi Foundation and an affiliated project, the La Yaung Taw Academy, of losing public funds. The foundation was founded by Aung San Suu Kyi and named after her late mother. 

According to the military council, the land lease for the Daw Khin Kyi Foundation’s headquarters, located on Yangon’s University Avenue, is not commensurate with the market price for land in the area. It argues that the country had lost more than 1 billion kyat (more than $700,000) in public funds as a result.

The junta declared that from 2013 to 2021, more than $7.9 million in donations from foreign NGOs, INGOs, companies and individual international donors flowed into the foundation’s three foreign currency accounts.

Also under investigation by the junta is the La Yaung Taw Academy in Naypyitaw, which trains young people in environmental conservation and horticulture in association with the Daw Khin Kyi Foundation. The military said the rate at which the land for the project was purchased came at a discount of at least 18 billion kyat (more than $12.7 million), which was subsequently a loss to the state. 

It also reportedly included some plans—such as the construction of a museum—that used funds in a way that strayed from the project’s, and the Daw Khin Kyi Foundation’s, original aims.

“The construction of a building with finance from the foundation for the chair of the foundation has deviated from the foundation’s objective,” the March 17 announcement in the military-run newspaper said. 

Prior to the corruption allegations, the military council had hit Aung San Suu Kyi with four charges at the Zabuthiri Township court in Naypyitaw.

She has been accused of violating Section 505(b) of the Penal Code for incitement, which carries a sentence of two years in prison; Article 67 of the communications law for possession of unauthorized items; an import-export charge for owning walkie-talkie devices; and a charge under the Natural Disaster Management Law for not following Covid-19 measures during the 2020 election campaign period.

The military council has not allowed Aung San Suu Kyi to meet with her legal team. 

“I’ll most likely see her via video conferencing on March 24 for the next hearing,” lawyer Min Min Soe told Myanmar Now. 

The military council has only allowed lawyers Yu Ya Chit and Min Min Soe to take on Aung San Suu Kyi’s case, ignoring the requests of more established legal experts, including Khin Maung Zaw and Kyi Win, to be granted power of attorney.

 

 

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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A month and a half after the military seized power, most banks in Myanmar are barely operating

Published on Mar 18, 2021
People queue in front of a KBZ Bank branch in Yangon on March 17. (Supplied) 

Banking in Myanmar has come almost to standstill in the more than six weeks since the February 1 coup, with only basic services still available at a limited number of locations.

In the commercial capital Yangon, only a handful of branches of two of the biggest domestic banks, KBZ and AYA, remain open, according to customers.

As of Wednesday afternoon, every bank in the city’s Yankin, Tamwe, Bahan, Thingangyun and South Okkalapa townships appeared to be closed, Myanmar Now found in an effort to confirm these reports.

However, a customer who had used the AYA Bank branch on Sayarsan road in Yankin said it was still open for withdrawals.

Meanwhile, services in other cities were even more restricted.  In Mawlamyine, the capital of Mon state, local sources said there was only one KBZ Bank branch still in operation on Wednesday, while all banks were reportedly closed in Bago. 

While some banks continue to fill ATMs with cash, few other services are available, bank employees said. 

Unhappy customers

Large crowds have been reported at some of the few branches in Yangon that are still dispensing cash, occasionally resulting in tensions between staff and customers.

“At the KBZ Bank headquarters on Pyay road, they were writing down people’s names and phone numbers as the crowd got bigger. They said they would get back to us,” said Aye Aye Phway, a customer who was seeking to withdraw money.

KBZ Bank came under fire on Tuesday when four of its customers were arrested following a dispute with bank staff. 

On Wednesday, the bank released a statement denying that it had called the police, as alleged by some who criticized its handling of the incident. It also said that it would assist the customers who had been detained.

According to the junta-controlled broadcaster MRTV, the customers were arrested for pressuring bank staff to take part in the Civil Disobedience Movement (CDM) against military rule.   

Pressure from above

A month after many of their employees joined the CDM, privately-owned banks have come under growing pressure from the junta to reopen for business.   

Banks that haven’t reopened have been instructed to turn over all of their customers’ information to the state-owned Myanma Economic Bank or one of two military-owned banks, Innwa Bank or Myawady Bank. 

The Central Bank of Myanmar would not be responsible for the consequences if banks failed to abide by this demand, the regime warned.

The regime originally issued this order, through the Central Bank, on March 8, to no avail. Despite repeating it again on Wednesday, the situation remains unchanged.

Currently, private banks are required to allow regular customers to withdraw 500,000 kyat per day from ATMs or 2,000,000 kyat per week if they appear at the bank in person. 

Companies are permitted to withdraw 20 million kyat at a time, according to Central Bank instructions issued on March 1.

Myanmar has 27 private banks and 17 branches of foreign-owned banks.

Editor's note: This article has been edited to include KBZ Bank's statement on the arrest of four of its customers on Tuesday and the state-owned broadcaster MRTV's claims about the incident.

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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Some of those released were made to sign a statement confirming military allegations of electoral fraud in their respective townships, an official said.

Published on Mar 18, 2021
An election official shows a ballot for verification in Yangon’s Kyauktada Township on November 8 (Myanmar Now)

The military regime on Wednesday released all election sub-commission members who were detained following last month’s coup, state and township level election officials said.

The coup regime detained the state, regional and township-level sub-commission members on February 11, ten days after it seized power, and tried to justify the move with unsubstantiated claims of fraud during Myanmar’s 2020 general election. 

They members were released on Wednesday morning, confirming rumours on Tuesday that they would be freed.

State and regional commission members were detained at divisional military headquarters, while township level members were detained at guest quarters inside battalion bases.

Some members of township-level sub-commissions were made to sign a statement before their release confirming the military’s findings about voting irregularities in their areas during the November 8 poll, said a chair of a state-level sub-commission who asked not to be named.

But one member of a township sub-commission denied that they had to sign such a statement.

Kyi Myint, chair of the Yangon Region sub-commission, said that the military didn’t ask him to sign anything and there was no interrogation. 

“We were summoned and asked to take a rest,” Kyi Myint said.

He added that he didn’t know why the military had allowed them to go home. Nor did he know the situation of members of the union-level commission who were also detained.

Kin Khanh Pawng, chair of the township sub-commission in Kale, Sagaing, was detained in mid-February and was among those released on Wednesday. He said he was called in to help with data and paperwork.

“I had to help them find the data they wanted to see,” he said.

A new union election commission body was formed a day after the military seized state power and arrested civilian leaders on February 1.

The new commission met with 53 political parties on February 26 and officially annulled the results of the 2020 general election.

Another 38 registered parties did not attend that meeting. They include the Shan National League for Democracy, the Democratic Party for a New Society, and the People's Party.

 

 

 

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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