Dr. Tu Ja says Burma’s constitution must be amended—but not on Thein Sein's terms

Dr. Tu Ja says Burma’s constitution must be amended—but not on Thein Sein's terms
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KNG

Dr. Manam Tu Ja, leader of the Kachin State Democracy Party, told Kachin News Group (KNG) that Burma’s military-backed constitution must be amended in accordance with the people’s will and in a way that’s democratic—that is, it must be changed in a way that’s different from the government’s proposal to amend the constitution under the rules set forth in the constitution itself.

While serving as vice-chairmen of the Kachin Independence Organization (KIO), Dr. Tu Ja led the KIO delegation to the National Convention, a long and controversial process which began in 1993 and was carefully choreographed by Burma’s army—ostensibly for the purpose of drafting a new constitution. Over the course of 14 years, the Burmese military and its hand-picked allies deliberated over the details of the document and eventually drafted the 2008 Constitution currently in effect.

During the drafting process Tu Ja was chosen as the National Convention representative who was responsible for delivering the final draft to the convention chairperson, Thein Sein, who at the time was Prime Minister of Burma’s military regime.

Tu Ja, who is still a prominent figure in the Kachin community, told KNG that he strongly disagrees with President Thein Sein's position that the constitution can only be amended according to procedures set forth in the constitution itself—which effectively gives the military a veto over any changes to the document.

During a literary festival in Mandalay last month Thein Sein claimed that the constitution must only be changed in a way that doesn't bring about unrest: "The amendment of the constitution and the holding of free and fair elections are domestic issues, which will be carried out within a legal framework, and without tarnishing national sovereignty. Unrest won’t do any good to the country as only the country and the people will suffer,” he said.

But according to Dr. Tu Ja, the constitutional amendment protocol laid out in the 2008 constitution is a “dead policy” that will result in no changes because Article No. 436 makes altering the constitution extremely difficult.

Article 436 requires all constitutional amendments to be approved by over 75 percent of parliamentarians. However, since 25 percent of parliamentary seats are reserved for the military the army effectively has a veto over any proposed changes to the constitution.

Over the last two months, National League for Democracy (NLD) leader Aung San Suu Kyi (Daw Suu) has held a number of rallies across the country calling for the constitution to be changed. The NLD's main concern relates to a clause which bars Daw Suu from becoming head of state because she was married to a foreigner and has offspring with foreign citizenship. While advocating for constitutional change, Daw Suu has rejected President Thein Sein’s claim that changing the constitution could create instability in the country.

Will Dr. Tu Ja be victorious in 2015?
After serving for many years as a KIO leader, Dr. Tu Ja resigned in 2009 in order to form the Kachin State Progressive Party (KSPP), which attempted to field candidates for the 2010 national elections. However, Dr. Tu Ja was barred from registering for the elections either as a KSPP candidate or an independent.

Dr. Tu Ja tried to run for office again in the 2012 by-election, but the voting process for the three open seats in Kachin State was cancelled by the government due to “security reasons.” Last year, Dr. Tu Ja made yet another attempt to participate in national politics by forming the Kachin State Democracy Party (KSDP) along with many of his former KSPP colleagues. The KSDP is planning to field candidates in 2015 national elections, and the doctor may finally get his chance to run for national office.

Tu Ja’s title as a “doctor” comes from the fact that he trained as a dentist prior to joining the KIO in the late 1960’s.