I’ve published another article about Myanmar’s constitution for New Mandala, this time focused on the question of how much the constitution constrains political developments. I wrote the article in response to the many outcries that the country needs to amend its constitution to remove military involvement in politics before any genuine progress can be made. My point is simply that the text of the constitution doesn’t matter quite so much as how political actors want to utilize the constitution. New Mandala also posted a response to the article talking about how constitutional change occurs.
Category Archives: Myanmar
Myanmar’s Constitution: To Change or Not to Change?
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Filed under Burma, constitution, Myanmar
A test for Myanmar’s courts?
According to DVB, a group of farmers in Mingalardon Township is filing a lawsuit against USDP MP Khin Shwe. Khin Shwe was a business tycoon before entering the Hluttaw. The farmers accuse him of conspiring with local officials to seize 815 acres of land. The farmers were forced off their land in April 2010 and are now seeking compensation.
Just a year ago, a lawsuit like this would have been thought a hopeless cause. Now though, as Naypyitaw introduces radical changes to other areas of political life, this case could be a key test. So far, the reforms have not actually threatened to introduce accountability into the political system. Moreover, the judiciary has been a weak link in the reform process. I have yet to see any judicial reform program or serious move to guarantee judicial independence. If the courts provide the villagers with some relief – or even take the case seriously – it might indicate that judges received a signal that they can and should rule independently. Unlikely perhaps, but so was the thought of Aung San Suu Kyi in parliament just a year ago.
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Filed under Burma, judicial reform, land, Myanmar
Burma: Incentives for Reforms?
New Mandala just published an op-ed I wrote about Burma’s nascent economic reforms. In it, I try to frame Burma’s elite politics in light of what we know about political institutions. I’ve always been a bit skeptical of the argument that Burma’s reforms are solely a response to foreign pressure and this article was intended to highlight the domestic incentives for reform.
One important aspect of my analysis is that I do not assume anything about the preferences of any of Burma’s political elites, particularly whether they want democracy or not. After all, I don’t know them personally (well, except for Aung San Suu Kyi). However, I do assume that politicians do seek higher political office, which I think can either support a cynical or idealistic interoperation of events. Either way, I argue that there are enough political incentives to sustain the reforms, at least so long as they don’t directly impinge upon the military.
Hluttaw oversight of courts
Normally, I’m not one to advocate for infringements on judicial independence. However, one of the biggest mistakes with Indonesia’s reformasi period was to give judges independence without accountability, arguable entrenching judicial corruption up to the present day.
In that light, I’m glad to see that Myanmar’s parliament (Hluttaw) has formed a committee to review and assess controversial judicial verdicts. According to two Myanmar Times articles (here and here), the Pyithu Hluttaw Judicial and Legislative Committee has invited defendants who believe their case was decided unfairly to submit complaints. The committee can then request the court to reassess the case.
The committee asks for “irrefutable evidence” of bias, which on its face sounds like an impossible standard. Yet, according to committee chairman Thura U Aung Ko, of the 100 complaints received 69 have been granted. This is not only a high rate of success, but also a clear and bold condemnation of the judicial system, arguable one of the least independent in the world.
Usually, when Myanmar’s leaders talked about judicial reform, it was in the context of cracking down on corruption. This is the first time I can recall when the discussion has seriously turned to independence and impartiality. It’s definitely an encouraging sign. However, judicial reform is a long process and it’s not yet clear to me that it’s getting the attention it deserves. In particular, we’ll need to see more efforts to retrain or even replace current judges with fresh blood.
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A verdict!
Myanmar’s Constitutional Tribunal issued a ruling in its second case! (I’m still not quite sure what happened to the first case and find no record of a final decision online). The tribunal ruled that several sections of the Emoluments, Allowances, and Insignias Law as unconstitutional. It’s interesting to see the court actually choosing to exercise review so early, even if in a relatively minor case. Unfortunately, that’s all I know about it right now. See below for the original New Light of Myanmar announcement of the decision:
Union Constitutional Tribunal gives verdict
NAY PYI TAW, 14 Dec-The tribunal comprising the chairperson and all the members of the Constitutional Tribunal of the Union delivered the verdict on proposal No. 2/2011 submitted by 23-member group including Amyotha Hluttaw Representative Dr Aye Maung through the Amyotha Hluttaw Speaker in accordance with Section 15 (d) of the Union Constitutional Tribunal Law, at Room No. 1 of the tribunal this morning.
The verdict stated that the proposal of 23-member party including Dr Aye Maung was allowed; according to the provisions of the Constitution of the Republic of the Union of Myanmar, Section 4 (c) of Emoluments, Allowances and Insignias Law of Region or State level Officials covers Region or National Races Affairs Ministers as they are the ministers of regions or states concerned and provisions in Section 5 and 17 of this law is not in compliance with the constitution.-MNA
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Dominic J. Nardi, Jr. 
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