The ex-President Htin Kyaw on Union Day, February 12, made a pledge to amend the constitution to become more federal and vowed to establish a “Federal Democratic Union”, shortly before he resigned last month in March.
Besides using the much controversial terms “Federal Democratic Union” on the Ministry of Information website, State Counselor Aung San Suu Kyi in the National League for Democracy’s (NLD) statement on the occasion said: “Panglong Agreement is not only an agreement written on the paper but it is the promise signed (ingrained) in the heart,” according to the report of Myanmar Times Burmese language report on the Union day.
Again the NLD on March 27, the 73rd Anniversary of Anti-Fascist Revolutionary Day, which the Military or Tatmadaw renamed and called it “Tatmadaw Day”, issued a statement which said that “using military might to influence the situation on the issues of national and ethnic nationalities (Taingyintha) must be stopped.”
The Chairman of the occasion also stressed that “the NLD would closely cooperate with anyone, who desired the Myanmar people’s benefit and could disentangle the hands of those anytime who harmed the people’s interests.”
The newly elected President also made a vow in his inauguration speech, on March 30, to tackle three basic issues. One is the constitutional amendment to build foundation for the establishment of democratic federal union, while the other two are the rule of law and acceleration of the people’s socio-economic development; and national reconciliation and internal peace.
And most recently in Nay Pyi Taw, on April 7, at the NLD second youth conference U Win Htaing one of the top party leader, in his opening speech said: “The main obstacle in amending the Article 436 is the need to gather more than 75% of the MPs’ votes. Within the parliament, 25% is (allotted and appointed) the Tatmadaw representative and the rest are other political parties. The NLD alone is even not 75%. That is why it slowly dawns on me that this constitution is drawn up in a way so that it could not be amended.”
In his aimed message at the youth conference he said: “We have lots of core ambitions like peace, country’s development and to be able to do all these, amending the constitution is very important,” stressing that the youths should study its troublesome points and which need to be amended.
While the NLD now has made its position clear to amend the constitution, coupled with its newly minted slogan of “collective strength”, it is not clear with which party it wants to be united to be able to deliver its election campaign promises, left untouched as back-burners for the last two years.
If we would minus the NLD’s boss, Aung San Suu Kyi’s vague generalization of directing it to “the people”, which also have a stake in their slogans of “time to change”, “together with the people”, and now “collective strength”, she and her party will have to make a profound choice more clearer than this.
Sai Nyunt Lwin, General Secretary of the Shan Nationalities League for Democracy (SNLD), regarding the “collective strength” slogan said that Suu Kyi would have to define it more transparently. He said: “Their definition needs to be correct, and it is important to know with whom she will build strength; whether she wants to work collectively with the ethnic groups to serve the Union, or to build a good relationship with the Tatmadaw to wipe out the EAOs,” according to recent report in The Irrawaddy.
He further stressed: “She said before that it’s time to change, and we thought the political system was going to change, but in reality, they changed themselves. Therefore the right definition is the key.”
With this political posture, NLD is now confronted with whether to amend the constitution or completely rewrite it. But if President Win Myint’s inauguration speech is of any indication, the NLD seems to be resigned to the amendment approach, at least for now.
And as U Win Htaing rightly pointed out that the Military-drafted, 2008 Constitution is written in a way that is it impossible to amend. Thus, beating around the bush or only amending minor Articles that the Tatmadaw could agree would be the one possible approach, which would likely continue with the hybrid, quasi-civilian-military rule like we are now experiencing, or to go for a drastic action of simple majority approach, solicited by the late NLD legal adviser U Ko Ni.
According to U Ko Ni, who was said to be the brain behind creating the State Counselor position to circumvent the 59(f) Clause, prohibiting Suu Kyi to become President, as it forbids anyone who have foreign spouse or siblings to hold the presidential post, a simple majority or 51% vote will be enough to nullify the 2008 Constitution and could immediately begin the drafting of a new constitution, that cater to the people’s aspirations.
It is now up to Suu Kyi and NLD to make a choice, if they are really keen to change the society for the better; or continue to indulge in the vicious circle of indecisiveness without being able to fulfill the promises made to the people.
