Charter reform will be the true test in Myanmar

When the Myanmar opposition leader, Daw Aung San Suu Kyi of the National League for Democracy, refused to take an oath to “protect” or safeguard the country’s constitution of 2008, she created quite a storm. But it was a significant political statement that will lay the foundation of her political work in the future. 

Nobody thought that she would refuse to take the oath as her first major political act as an MP, on the very first day she was supposed to take up her seat in the House. 

She and her party won a landslide of seats in the country’s by-elections held earlier this month. She said the word “safeguard” or “protect” should be replaced by “respect” for the constitution, which, in the view of the opposition, has a more practical resonance.

Suu Kyi knows full well that by accepting the oath under the word “protect”, it could limit her ability to amend the controversial charter in the future. Indeed, she earlier stated clearly that she will seek to amend the constitution, which took the military junta 10 years to complete. She and her colleagues were excluded from that process. Therefore, she now wants to amend the charter so that it reflects the will of the Myanmar people. Whether she can do that or not will be a test of her leadership and that of President Thein Sein, who has expressed appreciation of her role as a politician and has called for international attention to the reforms now being undertaken by his regime. Any strain in the relationship between the president and Aung San Suu Kyi would certainly hinder the reform efforts taking place now.

The constitution in place today was drafted when the military leaders ran the country with an iron grip. They manipulated all aspects of the people’s lives, including the process of drafting the constitution, which allows the Tatmadaw (or armed forces) to “safeguard” the national interest and security. In other words, whatever the regime deems as appropriate action is mandated under the charter, no matter how extreme that action may be considered and no matter the concern of the opposition. The regime can do this because it controls all the legislative houses whether in the capital Nay Pyi Taw or in the provinces.

Amending any constitution is usually a messy affair and takes a lot of time and necessary cooperation among parties. At the moment, nobody has any idea whether Suu Kyi’s endeavour will succeed. It could jeopardise the ongoing political reform process in Myanmar and also her political career. 

Her father, General Aung San, who created the armed forces, wanted them to be professional in protecting national sovereignty and independence and to avoid politics altogether. Now his daughter is at the heart of the storm. Suu Kyi hopes that she can garner some support from younger officials in the armed forces who understand the need to be professional and non-partisan in an age of globalisation. These younger soldiers know how Myanmar’s image can be improved if they become more professional in the years to come. Examples abound from the Indonesian armed forces in making a successful transition from military dictatorship to civilian government.

In the long run, Suu Kyi’s charisma and her political style will affect not only Myanmar but also the regional political landscape as a whole. Her political approach is rather unique within the context of Asean, where half of the members of the regional grouping are still not democratic. Some are also struggling to initiate radical reforms such as those witnessed inside Myanmar in the past few months. It will be interesting to see whether her political acumen can be imitated successfully in the region.