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1 [1] (March 30, 2020)

handle is hein.crs/govcpzu0001 and id is 1 raw text is: FF.ri E.$~ & March 30, 2020 Burma's Military Blocks Constitutional Amendments In mid-March, Burma's military, the Tatmadaw, blocked several constitutional amendments introduced in Burma's Union Parliament. The amendments, proposed by State Councilor Aung San Suu Kyi and her political party, the National League for Democracy (NLD), would have reduced the military's role in government. The Tatmadaw's opposition to governance reform may complicate U.S. efforts to foster Burma's transition to a democratic civilian government and encourage an end to the nation's civil war. In addition, Aung San Suu Kyi has refused to consider several constitutional amendments proposed by ethnic- minority political parties (EPPs) to provide Burma's regions and states more autonomy which has fueled questions about her support for the creation of the decentralized federal state sought by many of Burma's ethnic minorities. The blockage of the constitutional amendments, and other recent actions by the Tatmadaw, may elicit congressional interest in action that would revise U.S. policy in Burma, such as the Burma Unified Through Rigorous Military Accountability Act of 2019 (H.R. 3190) and the Burma Human Rights and Freedom Act of 2019 (S. 1186). In 2003, Burma's ruling military junta-the State Peace and Development Council (SPDC) began drafting the country's third constitution since independence in 1947, as part of the SPDC's Seven-Step Roadmap for a Flourishing and Disciplined Democracy. In 2008, the document was purportedly ratified by 94% of voters in a national referendum. The referendum's results were condemned by many including President Obama as fraudulent. Critics of the 2008 constitution state that it allowed the SPDC to consolidate and preserve military power. Several key provisions give the military sweeping authority in the government (see shaded box). Aung San Suu Kyi and the NLD see the constitution as granting the military too much control over the governance of the country. Not only does it give the military a large presence in the legislature, Article 59(f) effectively prevents Aung San Suu Kyi from becoming President, a measure ostensibly designed to keep the office of the presidency clear of foreign influence. In addition, the constitution does not provide for a decentralized federal state in which the seven ethnic states Chin, Kachin, Kayah, Kayin, Mon, Rakhine, and Shan have the high degree of administrative autonomy they seek. The lack of a decentralized federal state is one of the major causes of Burma's ongoing civil war, which dates back to the Union's formation in 1947. Article 436(a) requires that more than 75% of the members of the Union Parliament approve a constitutional amendment. With military officers constituting 25% of the parliament, they have the power to block any changes. Key Constitutional Provisions Granting Military Special Powers Article 20(b): Grants the military administrative and judicial independence. Article 20(c): Designates the Tatmadaw's Commander-in-Chief as the Supreme Commander of all armed forces. Article 40(c): Grants the Commander-in-Chief the ability to exercise State sovereign power during an emergency that could cause the disintegration of the Union of Burma Article 60(b): Grants the military members of the Union Parliament the authority to nominate one of the three candidates for President and the two Vice Presidents. Article 109(b): Empowers the Commander-in-Chief to appoint military officers to serve asI 10 of the 440 members of the Pyithu Hluttaw (the Union Parliament's lower chamber). Article 141 (b): Empowers the Commander-in-Chief to appoint military officers to serve as 56 of the 224 members of the Amyotha H!uttaw (the Union Parliament's upper chamber). Article 201: Provides the Tatmadaw 6 members in the I I - member National Defence and Security Council. Article 232(b): Grants the Command er-in-Chief the right to nominate active military officers to serve as Ministers of Border Affairs, Defence Services, and Home Affairs. Article 4 13(b): Permits the President to transfer executive powers and duties and the judicial powers and duties to the Commander-in-Chief after a declaration of a state of emergency. Article 419: If the President declares an emergency that could cause the disintegration of the Union of Burma, the Commander-in-Chief has the right to exercise the powers of legislature, executive, and judiciary. Article 445: Provides immunity to members of Burma's previous military juntas, the State Law and Order Restoration Council (SLORC) and the State Peace and Development Council. In 2015, the NLD won a supermajority in the Union Parliament. After her 2016 appointment as State Counselor, a newly created position similar to a Prime Minister, Aung San Suu Kyi indicated that one of the new government's top priorities was to amend the 2008 constitution. The NLD launched its first attempt at constitutional reform in early 2019. Among the NLD's 114 proposed amendments, its top objectives were to (1) lower the number of military members in the Union Parliament; (2) reduce the military's autonomy; (3) diminish the military's role in the K~:> gognpo goo , q g 'S a X