The Constitution of Myanmar drafted by the military regime in 2008 throws up yet another not so surprising plan of the military again. The draft defied all forms of norms and decency for a hope of a future civilised society in Myanmar, earlier known as Burma. The following article analyses the role and influence of the Junta in the drafting of the consitution which will extend their power and influence for many more years if not decades even after the so-called election.
“The Role of Military Armed-Forces in the Draft Constitution of Myanmar 2008”
By Mr. Mar Chin Bur.
Introduction
The 2008 draft constitution of the Republic of the Union of Myanmar was drafted for 14 years and is very different from the constitutions of other countries. A chairman of the draft committee of this constitution, U. Aung Toe, chief justice of Myanmar Supreme Court described that this constitution can grant assurance of life, security, democracy and human rights to each and every citizens. It also has enough power to capture his/her fate and control him/her as unmovable throughout his/her life so that he/she cannot create his/her fate in next time. So, it is very interesting to study about the 2008 constitution of Myanmar carefully to see whether it really tries to free its people or make them as permanent slaves. There are differences of opinion from two groups of people who have their stakes on this constitution. According to the Military Armed Forces this 2008 constitution is a discipline that would lead to flourish of genuine multi-party democracy in Myanmar. Contrary to them, the civilians of Myanmar and all international communities are expressing the similar views as it is exclusive, undemocratic and oppressive in nature. This article attempts to bring out some points of the constitution relating to the role of the existing Military Armed Forces in brief.
The Role of Military Armed Forces in the 2008 Draft of Constitution of Myanmar
The constitution places Military Armed Forces to enjoy great power and autonomy in a new Myanmar political journey. It says that the Military Armed Forces will occupy 25 % seats of both Parliamentary Legislatures in the Union of Myanmar (Both Lower and Upper Houses). For example, there will be 110 Military Representatives in Parliament House of Myanmar in Pyithu Hlwettaw (Lok Sabha in India) out of 440 while 56 military representatives in Amyotha Hlwettaw ( Rajya Sabha in India) out of 168 members of Parliament. Likewise, one-third seats of all States Legislatures will be occupied by the military representatives as well.
The constitution says that the President of the country will be the person who has administrative, economic and military experiences and their backgrounds. It indicates that a military person will be the president of Myanmar. The constitution also reserves clearly the seats of the main ministries such as Defence, Home, and Security and Border Affair for the military again. It means Home Minster, Defence Minister, Security and Border Affair Minister will be in the hands of the military. Besides, No one knows how many military representatives will be appointed as a minister of other ministries by the forth coming president of the Republic of the Union of Myanmar.
The constitution also gives the president of Myanmar the rights to appoint all of the Chief Ministers in the country. The native or local people of each region will not have the rights to elect their respective Chief Ministers. It is very sad to say that all the Chief Ministers from each region of the country will be the people of the Military Armed Forces. Along with this, the President has the right to define the number of the Ministers in each States again. At the same time, he also has the rights to discuss with the Chief Minister of each State to nominate Ministers and appoint them in their respective Ministries.
Like wises, it is written that Chief-Justice and all Judges in the Supreme Court and the High Court will be appointed by the president again. It would not be wrong to say that the Supreme Court and all the High Courts in the country will be occupied by the people of the Military Armed Forces.
Regarding Emergency Case, the president can declare emergency in any region at any time in terms of the administrative function emergency, the emergency on the dangers of life and property and emergency on a threat to disintegration of the union of or national solidarity or the loss of national sovereignty. During Emergency period, the president can rule over the declared region by himself/herself directly or he/she can appoint someone to exercise power over there.
Chapter 14 talks about the transition period by saying that the existing military will continue to exercise State Sovereignty during this period and no proceeding shall be instituted against the regime or any one member thereof or any member of the Government, in respect of any act done in the execution of their respective duties. So it can be said that transition period may be very long time period if the political situation would not create a good climate for the regime.
Chapter 12 talks about the amendment of constitution and its procedure. According to Articles 434 and 436, the constitutional amendments can be done only with the securing of 75% of both Pyithu-Hlwettaw (Lok Sabha in India) and Amyotha Hlwettaw (Rajya Sabha in India). It means that the amendment of the constitution is out of question because total agreement of the civilian legislatives members is impossible as there are pro-military or military backed parties are functioning in the Myanmar politics. At the same time, it would be very difficult for all civilian legislatives members to be present at the meeting due to one reason or another. Someone may be absent due to travelling or ill. Addition to this, it would be impossible to get a single vote from the military representatives because they will be under the control of the Commander in Chief as they remain members of the armed forces and subject to military control.
Surprisingly and dangerously , the constitution allow an unprivileged or illegal person to attend to the State or Division legislative Assembly Houses Meeting of any region in the country and allow him/her to have equal voting rights of the legislative Members which is enshrined in Articles 88, 131, 155 and 183. It did not mention clearly who are these persons. These articles further say that action cannot be taken against that illegal person later if he/she had done something wrong to that legislative body.
In conclusion, the Constitution gives a special status to the military Armed Forces which can be interpreted as the Military Armed Forces can continue to do whatever they want and whatever they feel as good for the people and no one can interfere with them. After general election in November 7, 2010, the new Government of Myanmar has to adopt and implement this constitution. It is for sure that the new government will protect their status -quo of military regime and this constitution at their level best. The above mentioned is the constitution of Myanmar for coming generations. According to the writer of this article, this is the greatest mistakes or sins that the military Armed Forces in Myanmar have committed so far.
Contributed by Mr. Mar Chin Bur
-
|2010-11-09 09:30:07 ShlMara - Avoid nonsensical commentYour comment is not at all relevant here, you can try else-where.
But let me just say that the world is a very complicated one, attrocities of every kind happened everyday. All should loathe this kind of cruelty.
But let me also add that there are people other than Burmese who raped innocent women and children. All are equally abominable.
On 27th oct, Lalchawiliana&Vanlalpekmawia(Burmese refugees) raped a lady at Rangvamual.....
When will Burmese refugees stop all these brutal acts against Indian citizens.?