Present Form of Government in MyanmarCurrent form of government in Myanmar
The Myanmar election: Might Aung San Suu Kyi not be Aung San Suu Kyi's current Chair?
The Aung San Suu Kyi's National League for Democracy is on the way to a landmark electoral win, but even an overwhelming vote in both chambers will not give the democratic leaders or their parties the clear right to rule Myanmar for the next five years. As a result, the army will keep 25 percent of the headquarters in both buildings - or "hluttaws," giving it a right of vote against any constitutional amendment.
Without such a constitution amendment, Aung San Suu Kyi cannot become its president. Myanmar's National Defence and Security Council (NDSC) will continue to be the highest body in Myanmar, with efficient powers to dismiss the administration if it so wishes. The early count of ballots indicates that the NLD will gain more than 70 percent of the voting rights - well above the 67 percent limit required for its own state.
However, less than 75 percent of the seating is required to amend the charter, as 25 percent of the seating in both homes is reserved for the war. Myanmar's army commanders have said on several occasions that they will not be supporting a draft amendment. Consequently, the 2008 Constitution: Pursuant to Section 3, No. 59(f) of the Convention, the Chairman must be "a person who is not obliged "himself, one of the parent, the husband, one of the marital sons or their husband to a third party power".
"They shall not be the object of a strange force or of a strange land.... or] people who are authorized to benefit from the laws and privilege of a person who is a constituent of a non-national state or a non-national citizen," it states. This means that Aung San Suu Kyi cannot become Aung San Suu Kyi's current chair because her two children are both UK nationals.
Section 3, No. 57(d) of the Convention states that the Chairman must be "well versed in Union matters such as politics, administration, economics and the military". Aung San Suu Kyi has no such past at all. Section 4, No. 109(b) states that the 440-seat lower chamber (Pyithu Hluttaw) has no more than 330 elective members and "no more than 110 Pyithu Hluttaw agents who are the defense personnel".
Section 4, No. 141 states that the 224 seat mansion (Amyotha Hluttaw) comprises 56 "defense units appointed by the commander-in-chief of the defense forces". It would take the NLD-led administration several members of the armed services to help meet a fundamental institutional demand. They can only be appointed by the commander-in-chief of the Armed Forces.
Section 5, No. 232(b)(ii) states that the Chairman "shall receive a register of the appropriate staff of defense agencies appointed by the Commander-in-Chief of the Defense Departments for Defense, Interior and Frontier Ministries". In this way, the defense force will have supreme authority over the presidential authorities in defense and safety issues.
NDSC consists mainly of Heads of Armed Forces or the above named Ministries selected by the armed forces. It states that in a state of exception, the NDSC has the authority to perform legal, law-enforcement and legal tasks until a new legislature is appointed. In such an emergencies, Section 11, No. 431 states that "the National Defence and Security Council shall exert sovereignty on behalf of the President".
In order to amend or revoke these constitutionally empowered positions, the NLD would need the backing of other political groups and nominees, as well as one or more members of the military-backed USDP to stand on the side of the new state. But, in fact, of the more than 100 political groups and candidate countries participating in the elections, many would rather be supporting the NLD through the army.
Antimuslim Buddhist nationalistic NDP - which is supposed to gain at least one or two seat - has more sympathy for the USDP than Aung San Suu Kyi's accusatory support for them. MYANMAR' s House will not meet until February even after the results of the elections are known in the next few weeks, i.e. it will take month for MEPs to elect a new presiden.
There are two institutions electing the presidents, but since Aung San Suu Kyi is excluded from the top position, there is no apparent nomination. NLD has not nominated an alternate nomination, which means that the next speaker could be a warlord. Present Thein Sein has stated that he will not run again for medical reasons. Well, he is not going to run any more.
In the meantime, the current military-backed administration will continue in place. There is no clarity in the Constitutional Treaty as to whether this is a janitorial or an" active" administration empowered to pass or amend laws. This long postponement gives reason to fear that the army could overthrow the results of the elections by February and reassert itself as a state.
NSDC's constitutionality is a little bit hazy. However, in a time of unrest or changes, weirder things have been happening. In the meantime, Aung San Suu Kyi will hope to use her vast parliamentary support to impose the ethical arguments for a move to amend the US constitution by convincing members of the military-backed USDB to take the floor and approve a new Constitution.
It will have the backing not only of a large part of Myanmar's electorate but also of the backing of the global communities - especially the US and the EU, which will no doubt quickly alert Myanmar's General to the suffering of inequalities. Yangon militarist rulers have pointed to the potential for further policy reform.