Military defies pressure for constitutional changes

 

Last Thursday, military MPs agreed not to amend Section 436 and Section 59 (F) in the 2008 Constitution – the key points that will reduce the military power as well as allow opposition leader Aung San Suu Kyi to contest in the presidential race.

During the discussions in Union Assembly, 21 committee members out of 31 voted against the proposed amendments. According to Brig-Gen Tint San Naing, the other five suggested wording amendments in the section.

Suggesting a change in wording, military MP Brig-Gen Khin Maung Aye said the sections concerning the military are still suitable for the current conditions.

“The Constitution has been used for just four years. We need thorough analysis before amending it,” said MP Brig-Gen Maung Maung.

"If the Constitution is amended frequently and easily, national policies will not be strong and will lead to confusion in the country's development and national interests. So, Section 436 (a) and (b) should not be amended," he added.

Section 436 (a) states that amending a provision in a spate of sections required the approval of more than 75 per cent of the Union Parliament. Without the military support, a change is impossible as the military now controls 25 per cent of the parliamentary seats. This will bar the proposed amendment in Section 59 (f), which stipulates the president’s qualification. It rules out anyone with foreign spouse or children from the presidency.

Earlier, the parliamentary Committee for Implementation of 2008 Constitution Amendment proposed the amendment to the section, with support from the ruling Union Solidarity and Development Party (USDP) supports amending Section 436. Suu Kyi’s National League for Democracy (NLD) also gathered nearly 6 million signatures to support the amendment.

The military MPs’ decision came a day before US President Barack Obama paid Suu Kyi a visit. Standing next to the Lady at her residence on Friday, Obama said the constitution “doesn’t make any sense” but he stopped short of explicitly urging that changes be made to allow her to run for the presidency.

"I don't understand a provision that would bar someone from being president because of who their children are - that doesn't make much sense to me," Obama told reporters outside Suu Kyi's lakeside home in Yangon without naming her.

He urged "free, fair and inclusive" elections. 

At a meeting with a group of Myanmar lawmakers on Thursday, he said substantial power is still held by the military, and that needs to be dealt with as the country makes the transition to a full democracy.

Suu Kyi on Friday  described Myanmar's constitution as "unfair, unjust and undemocratic".

Many believe the law on presidential candidates was written specifically with Suu Kyi in mind. She remains wildly popular and her party - which swept a 1990 vote that was ignored by the military - is expected to do well in next year's election.

       

Bumpy reforms 

Fears are now on the pace of political and economic reforms under the democratic regime.

Ahead of Obama’s arrival, Suu Kyi accused the US of being overly optimistic about the chance of progress.

On Friday, she denied that she had differences with the US over the transition process in Myanmar.

"Our reform process is going through a bumpy patch," she said. "But this bumpy patch is something we can negotiate with commitment and the help and understanding of our friends around the world.

"When Burma becomes a fully functioning democracy in accordance with the will of the people, we will be able to say that among those friends who enabled us to get there, the United States was among the first," she said, using the old name for Myanmar.

She also urged a "healthy balance between optimism and pessimism" towards the nation's stuttering reform process.

Obama also warned that  Myanmar's reforms were by "no means complete or irreversible”.

The talks with Suu Kyi took place after Obama met Myanmar's President Thein Sein on Thursday and expressed cautious optimism for the political and economic changes under the general-turned-leader's rule, which began in 2011.

While in Nay Pyi Taw last week, Suu Kyi also had discussions with several international leaders, including Australian Prime Minister Tony Abbott and UN Secretary-General Ban Ki-moon.

“Ban Ki-moon came to meet Suu Kyi as a leader of Myanmar. She’s not just a democracy icon for Myanmar but also for the international community. He wished her [electoral] success. He didn’t tell us exactly how he would help to amend the constitution. He said it is a UN principle to uphold and protect human rights and democratic transition,” NLD party member Aung Kyi Nyunt told reporters.

 

Proportional Representation

In another development, 

The Lower House on Friday voted against adopting proportional representation (PR) system for next year's general election, saying it would be against the constitution.

The decision leaves in place the current first-past-the-post system for the Lower House, while the Upper House will adopt the system.

The constitutional court earlier said all the versions of PR system for the Lower House put forward were incompatible with the charter drawn up in 2008 by the then ruling junta. 

NLD and an alliance of 20 ethnic parties had also said it was not the right time for the new system. Under the current system, the winning candidate in each constituency gets a seat in parliament. The PR system would apportion legislative seats to each party based on the total number of votes received nationwide. The government argued that the change would provide more opportunities for smaller parties. The election is due in November or December 2015.