88 Generation Group calls for charter reform

Activists and former political prisoners have called for a nationwide federal conference to amend the 2008 Constitution and ensure the success of Myanmar’s reform process. 

Members of the 88 Generation Peace and Open Society Group, including activists Min Ko Naing and Ko Ko Gyi, addressed a packed press conference in support of constitutional reform and peaceful elections in 2015.

“A federal conference is needed to think of ways to amend the 2008 Constitution. Our political process must include amending the constitution,” said activist and former student leader Min Ko Naing.

“We will seek public opinion as to how this conference should be, who should attend, and how to make decisions on behalf of the people who have committed themselves to this country, as well as the organisations and people that have the important political positions,” he added. 

Min Ko Naing spent 15 years as a prisoner of conscience for helping organise the 1988 student-led uprising against the military regime. He was released in 2012 along with hundreds of fellow political prisoners as part of a presidential pardon. 

In 2005 they founded the 88 Generation Student Group, which has continued to campaign for democracy and human rights in Myanmar. 

“The rules and regulations of the 2008 Constitution are the same as those of the 1974 constitution,” explained fellow activist and former political prisoner Ko Ko Gyi, referring to Myanmar’s first military-drafted constitution. 

“If we want to make some amendments, we need agreement from more than 75 per cent of MPs. And then more than half of eligible voters need to support the idea in a public opinion poll,” he added.

Constitutional reform is one of the main challenges to Myanmar’s current reform process and the 2008 military-drafted law is said by experts to be one of the most difficult to amend, requiring a minimal 75 per cent ratification in parliament. 

A clause in the current law also prohibits opposition leader Aung San Suu Kyi from running for office, and maintains a de facto military veto on the legislature. Ethnic groups have also been advocating a federal constitution as a precondition for signing a nation-wide ceasefire, which would end years of civil war. 

“The current political situation in Myanmar is very sensitive. The country is facing difficulties to amend the constitution. If we want to see stability and want to overcome these difficulties, we have to overcome these restrictions and obstacles ourselves,” said Ko Ko Gyi.

The 88 Generation are seeking support from political parties as well as the government, parliament, and the army to amend the 2008 Constitution ahead of elections in 2015.

In another development last week, Myanmar MPs had described a report of the constitutional review committee as groundless, saying it is just a trick for suggesting that the important constitutional provisions, including presidential qualifications, should not be amended.

The report that was submitted to Parliament listed the signatures of 106,102 people who supposedly voice their support for not amending Section 6 (f) and Section 42 of Chapter (1), Section 59 (f) of Chapter 3 and Section 436 of Chapter (12). 

The MPs, including a CEC member of the ruling Union Solidarity and Development Party (USDP), said the suggestion given by more than 100,000 people not to amend those clauses was groundless and impossible.

“This is a made-up report. So this must be intentional,” said Khine Maung Yi, a lower house MP from the National Democratic Force party. “It is not possible to collect signatures of over 100,000 people. It might even be difficult to collect signatures of more than 1,000 people. I think it is just on paper.”

“More than 106,000 people suggested that Section 59 (f) [about presidential qualifications] should not be touched upon or amended, another CEC member of our party pointed out,” ruling party CEC member and lower house MP Thura Aung Ko told reporters. “The review committee mentioned about that in its report. For the over 100,000 people, they gave their names and signatures. They are from various townships, especially from Yangon Region. The report did not mention which party they are from. I would say this is not a strong source. There are some organisations and people who say Section 59 (f) and Section 436 should not be touched. If they were untouchable, the matter of amending the constitution would not have come up. I view this as a rivalry between self-seekers and those who protect public interest. Those who want to serve their own interests are reported to have been getting others to oppose amendments to such constitutional provisions.”

When asked whether the objection came from the USDP, lower house MP Aung Thein Linn said there were many parties and there was no rule saying which party had to show any objection.

The more than 100,000 people who oppose the amendment are public members and they are also among the 92.4 per cent of voters who supported the constitution, said Aung Thein Linn, also a CEC member of the ruling party. 

Another lower house MP, Min Thu, said he was pondering how the 100,000 signatures came to oppose the amendment to Section 59 (f) as the number was far beyond the possibility.

“It was announced after the 2010 election that 100 per cent showed their support. But a day later, the state announced again that it was a mistake. I think those digits are wrongly stated. It is not practical because other organisations, including the opposition National League for Democracy, have been discussing the constitutional amendments and the people have been supporting them,” said Min Thu.

He also said the Union Parliament would take measures over the report, and the dignity of parliament and the state would be harmed if the constitution was not amended as the people had expected.

The MPs also commented that a new committee Parliament is due to form should assess and decide on those suggestions.