What Type of Government Controls BurmaWhich kind of government does Burma control?
Since then the country has been under military control.
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Burma's militarized services
Soon after polls throughout Burma were shut down on 8 November, the country's governing faction conceded it. Many experts who are now observing this period of change are asking about the Burmese army, which has governed Burma since 1962: When in 1990 statewide NLD re-founded almost 80 per cent of the NLD's headquarters, the results were quickly reversed by the war.
An announcement by Min Aung Hlaing in September indicated that Burma is now. "He said, "I have no plan for a war putsch, and the armed forces have no plan for it. Last year, it stepped up its effort to place retiring civil service officials through various government columns - the health and education departments, the energy ministry, the Supreme Court and more.
Furthermore, 25 per cent of Parliament's seat is reserved for those who hold posts which, in any true democratic system, should be filled by personalities who are not dependent on the institution for which they make policies. The 2008 Constitutional Treaty also states that the Interior, Defense and Border Departments must be led by members of the armed forces, giving the three most important government departments in Burma full clout.
So, while at last a civil majoritarian vote in this House, the army remains solidly anchored in the administration and politics and serves as a possible obstacle to the law that the House is trying to adopt, which could be weakening the militarys forces - a task that must take place if the move to civil government is to be uneven.
That has far-reaching implications for real democratisation in Burma. Whereas the gradual militarisation of subordinate positions in other departments is used to keep them in army orbits, this is not necessary for the three government departments and their officials: The Ministry of Defence controls the army and the Border Ministry supervises the matters of the ethnical states, while the Ministry of the Interior has a broader remit: it controls both the policemen and the general administration, which administers all administration from the state down to the country floor, and which Human Rights Watch has described as a pivotal tool for monitoring locally.
It is through these departments that the army has immediate access to safety and general administration over the whole of Burma's municipal administration. "Commands for locals in every town and neighbourhood run directly to the commander-in-chief, avoiding the chosen officials," said Matthew Bugher, who last year wrote a Harvard Law School International Human Rights Clinic review, tracing wart felonies perpetrated in East Burma in 2005 and 2006, to the present Interior Secretary, Lieutenant General Ko Ko Ko Ko.
They should give a break to those who celebrate the NLD triumph over Burma's rule over Burma's politics. In spite of its early legislative support, the NLD will still not be able to change the supervision of these departments in a radical way without first revising the drafting of a new constitutional treaty.
It must receive more than 75 per cent of the vote in this House; the fact that 25 per cent of the House - as required by the Constitutional Treaty - consists of soldiers will not. It was drafted with the express aim of anchoring the roles of the army in politics beyond the alleged pass.
This is the paper that mainly declares Min Aung Hlaing's unbalance on the question of whether a putsch is likely. There is no need for the army to regain control, because it has never gone away and it will not do so soon. It includes their interests and restricts exactly what a civil parliamentary majoritarian body can achieve in terms of structure reform.
This also provides the army with an urgently needed security net. In September, when a number of former officials were made Supreme Court, it was all about administration. But, as the International Commission of Lawyers states, the Constitutional Treaty would allow them to assume higher judiciary posts if the presidency regards them as "outstanding lawyers".
" It allows persons with a legitimate interest in the maintenance of the immunity of the military from punishment to be placed in a position enabling them to exert pressure on judicial procedures against the armed forces. Consequently, the Supreme Tribunal is losing its capacity to supervise an establishment that needs more than any other in Burma to be subject to irrespect.
However, the militarisation of Burma's nominal civil government also has more everyday effects. One example is the Ministry of Health, which is supervised by former Major General Than Aung. Here, they have been sent to administration posts to give them the last word on nominations, promotion and layoffs.
It will reinforce Burma's own transparent blanket that will prevent a non-military character from taking a higher stance than their fellow soldiers, keeping technical personnel subordinate to non-trained officer. The view of Parliament's changing make-up as a scoreboard of Burma's transformation is a problem because it overlooks the fact that it is not the centre of government that a democracy demands of it.
Of course, the NLD can make changes in many areas independent of the constitutional framework, from infrastructure developments and the fight against extreme poverty to the strengthening of welfare and environment protection in the law on investments. However, if we are looking for a more basic transition, the challenge becomes much more difficult because this kind of modification is committed to a condition geared to being insensitive to it.
It will also be difficult to revise items that are not covered by the Constitutional Treaty, such as the recent administration of former officials in the Ministry of Education. Every effort to replace these officials with persons educated in their area will probably be seen as a cleansing of the old guards and could force the army to maintain its supremacy in a way that could jeopardise the democratisation proces.
The transitional period in Burma should be an occasion to reorganise the balance of government so that it is more accountable to the voters. Catch 22, which defends Burma's top class - that the amendment of the country's constitutional system will require constitutional changes - means that a vital element of a vibrant democratic system, the civilization of decision-making, must await.