Slow steps towards national reconciliation

Myanmar’s economic, political and social reforms of possible backtracking. The ational reconciliation effort means bringing together the national ethnic groups and the military, as their relations have been strained since 1962 when the military seized power. To achieve this, the military should take up its primary responsibility in defence of the country, disengage from politics, and give power back to the people, who are real owners of the country. That is the goal of national reconciliation.
The 2008 constitution will need amendments to guide everyone on the path of national reconciliation. The 2015 election should be free and fair. The time when the government starts to compromise and increase dialogue on the current reform process should coincide with the beginning of amendments to the 2008 constitution.
There are many undemocratic clauses in the constitution, as well as some that are impractical and unbalanced. Everybody, including the president, who took a key role in drafting the constitution, knew this. There was only “one key person” who decided on it, although thousands took part in the drafting. Everybody knows that it would be easier to write a new constitution rather than make amendments. But, making a new constitution is a virtual impossibility. That would only lead to confrontation. Are we ready for that?
The National Reconciliation Framework should exist to accommodate amendments or the drafting of a new constitution. Regardless, we must continue to have national reconciliation as an ongoing objective. Time is needed to negotiate, and all sides need to agree on the basic principles for the wellbeing and development of the country.
As to amendments of the constitution, it is not easy to amend all aspects to prepare for 2015. The stakeholders include not just military but also the armed ethnic groups. The constitution needs to be amended before 2015 and before 2020, step by step. We need to prepare the election in three stages: arrange and prepare for the establishment of a “democratic federal union”; adjust the balance of power to sustain national reconciliation; and prepare for a free and fair election in 2015
Chapter 12, Article 436 (A) and (B) of the constitution is especially difficult to amend. Everyone involved in amending the constitution needs to understand the National Reconciliation Framework and know what to amend before and after 2015. If the constitution is to be amended, an agreement between the “government, parliament and the military”, in addition to opposition leader Aung San Suu Kyi and her party, and ethnic leaders, will be needed. This is paramount because according to Article 436 (A), the constitution can only be amended with the agreement of more than half of the voters.
Thus, amendment of Article 436 (A) and (B) is important in the first phase. All parties need to cooperate to reach a general agreement. The 2008 constitution can’t be amended just once. To have a general agreement, there will have to be at least two agreements among stakeholders to amend the Constitution before 2015 and by 2020.
Regarding the creation of a federal union, it will take time to sort out the structuring of the union’s military organisation between the armed ethnic groups and the government forces. To form a Union Army is easier said than done. The first thing to do is to amend a number of articles in the second chapter of the constitution. Key issues for negotiation are to allow the regions to elect their own regional governments not directly appointed by the president; to give the ethnic minorities more seats in the central government and Union Parliament; and to increase the number of ethnic representatives in the regional parliaments in non-ethnic regions (such as Yangon, Mandalay and Nay Pyi Taw).
However, the “Eight States” policy (an ideological framework to have proportional representation among the eight major ethnic groups of Myanmar) will be tantamount to disregarding the rights of related races that represent 70 per cent of the country’s total population.
Regarding power sharing and amendment of the constitution, the agenda needs to be discussed with the incumbent military leaders. It is up to political leaders to encourage the military to become a professional organisation that stays out of politics and administration of the country. The time has come for Aung San Suu Kyi and ethnic leaders to meet with the commander-in-chief and other military leaders.
For the 2015 election to be fair, the people and the international community have asked for amendment of Article 59 (F) of the constitution. The article was originally written with the aim of preventing Aung San Suu Kyi from being elected as president. This article should be amended. Neither the 1947 nor 1974 constitutions had such an article denying a person the right to become president if his or her children hold citizenship of a foreign country. The article was included only in the 2008 constitution. Whether or not to amend the article is not something to be argued in terms of legal grounds, but in terms of whether or not to strive for national reconciliation.
Myanmar’s political future largely depends on the generosity of the military forces and whether or not they have goodwill towards the country. Some critics say that the dictators manipulated the military, but the military itself created dictatorship. Scrutiny is needed to find out exactly why General Ne Win, General San Yu, General Kyaw Htin, General Thura Tin Oo, Senior General Saw Maung, Senior General Than Shwe and Major General Smith Dun became dictators or protectors of dictators. None of the commanders-in-chiefs were rich and powerful; they came from humble origins. They never dreamt they would become dictators. Dictatorship was brought about after they became leaders of the unrivalled and most powerful organisation in the country.
The military has to follow structural orders. Everyone has to change when the commander-in-chief orders change. All depends on the commander-in-chief steering clear of becoming dictatorial, and transforms the military into a truly professional organisation. It is essential for the poorest country in Southeast Asia to build on national reconciliation in order to move forward. We need to negotiate practically and without the biases of the past, which should be taken as a lesson. We must amend the 2008 constitution within the National Reconciliation Framework and continue the journey forward.