Analysis: Can Burma find a solution for constitutional dilemma? By Zin Linn Aug 04, 2013 7:27PM UTC Burma’s quasi-civilian government headed by President Thein Sein has taken office in March 2011 and declaring itself as a reformist administration since then. Now, it has to meet head-on a major challenge in order to show its true color concerning constitutional revision which has been calling by various oppositions. As the demands for constitutional amendment increases gradually, the Union Parliament of Burma has accepted a proposal forming a 109-member Joint Committee to Review the 2008 Constitution on 25 July with the intention of probing indispensable changes. The deputy speaker of the Union Parliament has to act as chairman of the committee along with the deputy speaker of the Lower House and the deputy speaker of the Upper House reserved for vice chairman. The committee was formed with members of parliament, members of political parties, military MPs and individuals. The political competition seems looking for resolution to the boiling constitution issue on the agenda for the 2015 general election. Parliamentarians from Burma’s ruling party on March 15 took the first step towards the possible revision of the constitution which was drawn up under the previous military junta and intentionally vetoes the opposition leader Aung San Suu Kyi from the presidency. On the other hand, the three-day Ethnic Conference organized by the United Nationalities Federal Council (UNFC) that ended on 31 July in Chiang Mai had unanimously rejected the military-sponsored 2008 constitution, after a quite longer debate. A total of 122 delegates appeared at the conference: representing the UNFC-member organizations, 18 resistance organizations, the United Nationality Alliance, 4 political parties of ethnic nationalities, academics and active individuals. The current 2008 Constitution practiced by current government is not accepted, as it is devoid of democratic essence and not in accordance with the principles of federalism, Khun Okkar, spokesman of the UNFC said at the press conference on 2 August in Chiang Mai, Thailand. (Photo: Saw Tun Lin-KIC) According to the statement dated 2 August issued by the UNFC, the historic conference unanimously adopted the following important positions and decisions: – To form the present Union of Burma/Myanmar into a Federal Union of national states and nationalities states, having national equality and self-determination; To practice federal democracy in this Federal Union; To form federal union defense forces that will defend the Federal Union from external dangers; The current 2008 Constitution practiced by U Thein Sein government is not accepted, as it is devoid of democratic essence and not in accordancewith the principles of federalism; A new constitution based on genuine federal principles willbe drafted and promoted fpr practice; The UNFC and the UNA will lead in drafting the newconstitution, and a drafting committee consisting of representatives from the democratic forces, women organizations, youth organizations, CBOs, and other organizations will be formed, as part of the realization of the aim; In political dialogue and negotiation, the 6-point political program laid down by the Ethnic National Conference held in September 2012 will be followed; In political dialogue and negotiation, all the resistance organizations are to be represented as a bloc, and not individually. After three-day conference, the ethnic nationalities delegates held meetings on 1 August with representatives from eight democratic forces from inside and abroad and agreed to jointly carry out the common programs. As reported by Shan Herald Agency for News (S.H.A.N.) on 18 July, the remaining Working Group for Ethnic Coordination (WGEC) members, particularly the Karen National Union (KNU) and the Restoration Council of Shan State (RCSS), upon receiving reports that the UNFC had already called for an ‘Ethnic Conference for Peace and Reconciliation’, said a parallel conference would only serve confusion the people both at home and abroad. An unconfirmed report said the WGEC may be planning to hold a conference inside Burma. An ethnic outcry said that a nationwide ceasefire agreement without adequate guarantees of a political dialogue and monitoring mechanisms is unacceptable. There is a constant demand from the country’s ethnic groups to enjoy equal political, social and economic rights. The Constitution must guarantee the rights of self-determination and of equal representation for every ethnic group in the Parliament. The new charter itself emerged in the course of a charade referendum (May 2008) which held unfairly after a week of the Nargis cyclone that caused more than 138,000 dead and millions homeless. The bill was ratified by the parliament in January 2011. The biggest flaw in the constitution is the privileged 25 percent of the seats in the parliament are set aside for the soldiers who are basically appointed to the legislative body by the commander-in-chief. Moreover, the junta-backed Union Solidarity and Development Party (USDP) won a landslide in the polls which declared seizing 882 out of 1154 seats in parliaments. Remarkably, 77 percent of the parliamentary seats have been seized by the military-backed USDP in the 2010 polls which were distinguished for vote-rigging show. Aung San Suu Kyi has affirmed her readiness serving as president her Burma and her party’s target to amend the undemocratic clauses in the constitution in every way. Suu Kyi said it is her duty as leader of her National League for Democracy to be willing to take the executive office if that is what the people want. She said a clause in the constitution effectively barring her from the job is one of several her party seeks to change. Several analysts believe the 15-chapter and 194-page constitution drawn under the close guidance of the retired Sen. Gen. Than Shwe to protect the legacy of military autocracy that refuses self-determination of ethnic peoples.
Posted on: Sun, 04 Aug 2013 21:03:49 +0000
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