In the third interview with RCSS/SSA Secretary (2) Col Sai Nguen, SHAN discusses the 2008 Constitution.
In this interview with the Restoration Council of Shan State/Shan State Army’s (RCSS/SSA) Secretary (2) Col Sai Nguen, SHAN discusses Burma’s controversial 2008 Constitution, the likelihood it could be amended, and how.
The National League for Democracy [NLD] government recently tried to amend Burma’s 2008 Constitution. After voting, Parliament decided to set up a ‘joint preparation committee’ for potential constitutional amendments. What are your thoughts on this?
Amendment of the Constitution is one of the main objectives of NLD. In my opinion, they just started the first step toward achieving their goal. This is an elected government. They have to listen to the people’s voices, so they trying to implement and fulfill what people want them to do. The government’s term already passed the three-year mark. They have limited time. General elections [in 2020] are getting close. I think the government is just starting their preparation process for constitutional amendments.
Former president U Thein Sein commented that all Nationwide Ceasefire Agreement [NCA]-signatory EAOs [ethnic armed organizations], as well as others who participated in the National Convention to draft the 2008 Constitution, must be invited to participate in the constitutional amendment process. What is your opinion on this?
I think it will be too difficult to do that. Now the government operates under the 2008 Constitution. Therefore, constitutional amendments can be done in accordance with the Constitution’s Chapter 12. Everybody knows that most participants in the National Convention [to draft the 2008 Constitution] were chosen by the previous military regime. Regarding constitutional amendments, EAOs can only implement the points that are stated in the NCA. We can only follow the NCA roadmap. It’s impossible for us to directly join in the ‘joint preparation committee’ because other stakeholders won’t accept us. It would be very nice if we could join this committee. Currently we EAOs have tried to amend the Constitution from outside the parliament. We can’t forget about it.
Military MPs use to say that the core value of the Constitution cannot be damaged when amending it. They have also said that the Constitution must be amended at a convenient time, and that the political situation will become unstable if a political party tries to change the Constitution. They also say that authoritarian power must not be used to change it. What do you think about this?
The ‘core value’ of the 2008 Constitution favors who and which organization? I have talked to civilian MPs about ‘authoritarian power’—they said, ‘did they practice democratic norms and values when drafting the 2008 Constitution?’ This is all I can say on this.
Regarding constitutional amendments, what is the RCSS’s plan?
Everybody knows there are two opinions on how to do this: inside or outside the parliamentary process. Now parliamentary representatives are trying to amend the Constitution inside the Parliament. From outside the Parliament, EAOs have followed the NCA roadmap by participating in the Union Peace Conferences. According to the NCA’s Article 22(d), the Constitution can be amended based on agreed results from the UPC [the Union Accord]. The peace process has had obstacles and has faced some deadlocked issues. Even though there are 51 points in the Union Accord from three Union Peace Conferences, it is not enough to amend the Constitution. My message is that we EAOs are also trying our best to amend the Constitution.
If you had the opportunity to amend the 2008 Constitution, which articles would you amend?
We have to amend the articles in the 48-point basic principles that are not in line with a democratic system, not in line with federal principles, not in line with the political situation, not in line with the world’s political trends, and not of benefit to the people. The most important thing is that articles stated in Chapter 12 must be changed. All stakeholders need to negotiate and discuss to change these articles.
What are the major things to change in the 2008 constitution?
It would be easy to amend the Constitution if there was a strong political will and commitment. Currently, they don’t have enough political will. That is why it’s too difficult to amend the Constitution. In my individual opinion, the current government and the Tatmadaw are the major players in the constitutional amendment process—it depends on reconciliation between the government and the Tatmadaw. It depends on how they can negotiate and hold dialogue on it. At the same time, the government should not ignore other stakeholders, such as EAOs, political parties and other related organizations. In my opinion, their efforts are also essential in the constitutional amendment process.
