After a landslide victory in 2015, the NLD waited till
January 2019 to make a move for Constitutional amendments.
Some critics would say that while NLD knew that nothing
can be done, it was the impending National elections that forced the Party to
make proposals for Constitutional amendments. Knowing Suu Kyi who had
consistently avoided any confrontation with the Tatmadaw (the Myanmar Army) her
approach was and still I,s to gradually reconcile with the Army and reduce the
Army’s stranglehold on the governance of the country step by step.
The Army on the other hand while making lip service to
federalism and devolution of power had been consistently opposing any move to
amend the constitution that would result in the reduction of its powers and its
hold on defence, Internal administration and Border Affairs.
This drama of constitutional amendments was played out in
full in the Lower house (Parliament- Piyuthu Hluttaw) between February 25th and
March 5. Fifty Representatives each from
the Army and the NLD, 26 from the Army Proxy the USDP and other ethnic Groups
participated in the debate.
Will the Myanmar Military Ever Allow Charter
Reform? https://www.irrawaddy.com/dateline/will-myanmar-military-ever-allow-charter-reform.html
The Army while in the past had been fooling the people
that it is not opposed to Constitutional amendments perse but only to the
manner and the procedure followed by the Ruling Party in moving for amendments
had to expose its true colours in the debate that followed in discussing the
individual amendments.
The Army
Representatives led by its leader Brigadier Maung Maung not only opposed the
amendments but seriously threatened that the amendments will result in
“undesirable results.”- Perhaps a hint from his Master the Commander in Chief
of a possible Coup!
There were heated discussions though the results were
already known that no amendment can be made to the Army drafted Constitution
unless it is acceptable to the Army.
Let us see some of the proposals:
1- Chief Ministers of Sates should be elected by the
respective assemblies (Hluttaw) and not selected by the Centre. This is an
anomaly that should never have been there-but strangely the NLD appears to be
opposed to it. For example, in Arakan
State Assembly, the NLD is in a minority and strangely an NLP Party member has
been appointed as the Chief Minister much to the chagrin of the locals who have
elected the local Arakanese Party members in large numbers.
2- The USDP Representative had proposed reducing the
rights and authority of the President but not that of the Army! This as expected was severely opposed by the
NLD Representatives.
3- The Army Representative suggested that article 59(f)
that gives in detail the eligibility for appointment of President and Vice
President included with the specific intention of preventing the appointment of
Suu Kyi as President should be made applicable to Union Ministers, Chief
Ministers of States and Regions. This
suggestion was done more to humiliate Suu kyi and is not going to be accepted
by the Ruling Party.
4- The USDP (surely on instructions from the Army)
suggested an enhanced role for the National Defence and Security
Committee. This Committee which has a
majority of Army Representatives was never convened by the President for
obvious reasons. It was suggested that the meetings of the Council should take
place every two months and can be convened if moved by five or more
members. The idea was certainly to force
the President to convene the meetings as and when desired by the Army!
5- The NLD Representative on the other hand wanted an
even playing field and therefore suggested the removal of the Minister for
Border Affairs who is a Military appointed Minister under the Constitution with
the civil Representatives- the Deputy Speakers of the Lower and Upper House.
(Piyuthu Hluttaw and Amyotha Hluttaw)
6- There were heated arguments in discussing amendments
to Article 436 of the Constitution that gives the Parliament approval of 75
percent and above for amendments which in essence would mean a veto by the Army
that has 25 percent members of Parliament selected by it. The NLD was for a gradual reduction with
building more trust and confidence between the Army and the Elected leaders
with a reduction to 15 percent of the Army for now and then on to ten percent
in the next elections and by 2030 to 5 percent. This was a reasonable proposal
but the Army would have nothing of it.
7- The NLD wanted to add the clause with the “will of the
people” to Artticle 6 (f) in “enabling the Defence Services to be able to
participate in the National Political leadership of the State” and some even
suggested the total removal of the existing clause but were stoutly opposed by
the Army and USDP Representatives.
8- The NLD also opposed Article 40 (C) of the
Constitution giving sovereign powers to the Commander in Chief during the State
of Emergency, but was opposed on the ground that it could lead to the
disintegration of the country!
All in all, this exercise of amending the Constitution to
dilute the powers of the Army and its stranglehold on the governance of the
Country appears to be “an exercise in futitlity” but at any rate despite strong
opposition from the Army that was expected, the NLD had been bold enough to
demand that continued Army dominated and Army drafted Constitution that
perpetuates its dominant position is no longer acceptable to the people.
By Dr. S.Chandraasekharan
By Dr. S.Chandraasekharan