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HEADING-Infographic: Making Myanmar’s Constitution Democratic
TEASER- A detailed breakdown of the chapters and articles most likely to be targeted for reform by the government
Last month, we published a breakdown of the NLD’s proposed list of amendments to 168 of the Constitution’s 457 articles. When it made the list public, the party described it as incomplete, saying it comprised only significant items that could be amended without endangering the process of national harmony and reconciliation. The following infographic was designed to enhance our readers’ understanding of the issue.
Three main goals:
To reduce the role of the military and its commander-in-chief in politics
To limit the president’s executive power in the regions, ethnic states and the judicial system
To decentralize state power by granting a degree of autonomy to parliaments in the regions and states
The NLD’s likely amendment proposals:
Chapter 1
Article 6(d): Remove the word “disciplined” from the clause
Article 6(f): Remove defense services from the national political leadership role of the state
Article 8: Change “the Union System” to “a Federal Union”
Article 14: The NLD seems likely to seek only gradual changes to this clause.
(The clause guarantees that 25 percent of the seats in all parliaments shall be held by military appointees nominated by the commander-in-chief.)
Article 17(b): Amend this article on the grounds that it violates democratic principles; it will proceed slowly on this one as well.
(The article guarantees the commander-in-chief extraordinary powers to nominate military personnel to positions related to defense, security and border administration in the central government, as well as in all 14 regional and state governments.)
Article 20 (c): Remove the whole article on the grounds that the Police Department shouldn’t be under the command of the military.
(The original article states that the commander-in-chief is the supreme commander of all armed forces including the police force).
Article 40(c): Suggest adding the phrase, “In agreement with the Union Parliament” before “the commander-in-chief has the right…”
(The article states that the commander-in-chief “has the right to take over and exercise State sovereign power in accord with the provisions of this Constitution” if there is a state of emergency that could cause disintegration of the Union, disintegration of national solidarity or loss of sovereign power, or in the face of attempts to take power through wrongful forcible means such as an insurgency or other forms of violence.)
Chapter 3
Article 59(f): Remove the entire article
(The article bars a person whose spouse and children are foreign citizens from becoming president.)
Article 59(d): Change the word “military” to “security”
(The article states that the president and vice presidents “shall be well acquainted with the affairs of the Union such as political, administrative, economic and military” issues)
Article 60(b): Remove entirely to reduce the role of the military in politics
(The article grants the two houses of Parliament the right to elect one vice president each, but also requires a group of military officials appointed by the commander-in-chief to elect a third vice president.)
Article 61(c): Amend to limit the president to one term of five years
(The current article states that the president and the vice presidents “shall not serve more than two terms”.)
Chapter 4
Most amendments suggested by the NLD relate to privileges granted to the commander-in-chief and his parliamentary appointees.
Chapter 5
The NLD suggests amending many clauses in this chapter to reduce the power of the president in order to grant more autonomy to parliaments and the governments of regions and ethnic states.
Article 201: Add two deputy House speakers and one vice president to the National Defense and Security Council to reduce the military’s representation on the council.
(The original article makes the NDSC the country’s most authoritative body when it comes to making decisions when urgent issues or emergencies arise. It has 11 members but the military/civilian ratio is six to five.)
Articles 248 to 286: Amend to reduce the executive power of the president in order to grant regional and state parliaments and governments a degree of autonomy.
Article 204(b): Give the Union Parliament the power to grant amnesty
(The article reserves for the president the power “to grant amnesty in accord with the recommendation of the National Defense and Security Council”.)
Chapter 6
Articles 320 to 336: Remove all of these.
(The aim is to make the Supreme Court unconditionally the highest court in the Union. Removing the articles would curb the president’s power over the Supreme Court. All the suggestions are aimed at ridding the judicial system of the influence of the Courts-Martial and executive power.)
Chapter 7
This particular chapter shows that the military has become more powerful constitutionally than at any time in the country’s history. But the NLD is not proposing to eliminate it entirely.
Chapter 8
Article 338: Have the Police Department administered by its own ministry.
(The existing article puts all the armed forces in the Union under the command of the Defense Services.)
Article 339: Modify from “The Defense Services shall lead in safeguarding the Union against all internal and external dangers” to “The Tatmadaw should take [responsibility for this] duty under the leadership of the head of state.”
Article 359: Do away with forced labor in all circumstances
Article 376: Amend to “No person shall be held in custody for more than 24 hours without the remand of a competent magistrate.”
(The article reads: “No person shall, except in matters of precautionary measures taken for the security of the Union or prevalence of law and order, peace and tranquility in accord with the law in the interest of the public, or matters permitted according to an existing law, be held in custody for more than 24 hours without the remand of a competent magistrate.”)
Article 383: Eliminate entirely
(The article reads: “Every citizen has the duty to uphold: a) non-disintegration of the Union; b) non-disintegration of national solidarity; c) perpetuation of sovereignty.”)
Chapter 11
Article 418: Remove the clause “Notwithstanding anything contained in the Constitution”
(The original article reads: “Notwithstanding anything contained in the Constitution, commencing from the day of transfer of the sovereign power to the commander-in-chief of the Defense Service, it shall be deemed that the members appointed and assigned duties by approval of the relevant Hluttaws [parliaments] in accord with the Constitution…”)
Article 432: Remove the clause “no legal action shall be taken”
(The article grants that “no legal action shall be taken” against any civilian or military service members—including the military chief—and that their organizations shall not face legal consequences for their actions in times of emergency.)
Chapter 12
Article 436: Change the article so that charter amendment requires the approval of more than seventy-five percent of all representatives excluding military appointees, or by more than 50 percent of all the representatives including military lawmakers.
(The original article reads: “it shall be amended with the prior approval of more than seventy-five percent of all the representatives of the Pyidaungsu Hluttaw [Union Parliament], after which in a nation-wide referendum only with the votes of more than half of those who are eligible to vote.”)
Chapter 13
The NLD proposes replacing the national flag.
Visualization by Nan Lwin
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Constitution, amendment, NLD, Tatmadaw, politics, Parliament, democracy, reform
LOCATION: Naypyitaw
Feat Pic Caption: A public rally calling for constitutional amendment organized by the NLD in Maubin, in the Irrawaddy Delta region, in May 2014 / The Irrawaddy
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TOPICS: Constitution, amendment, NLD, Tatmadaw, politics, Parliament, democracy, reform
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