Myanmar Charter Committee Asks Parliament to Amend Key Clause

 
A parliamentary committee tasked with reviewing proposed changes to Myanmar’s junta-drafted constitution has agreed to amend a key clause in the charter that could pave the way for broader reforms ahead of national elections next year, according to lawmakers.It is now up to the full parliament to decide whether to adopt the review committee’s decision that Article 436 of Chapter 12 of the constitution should be amended, they said.

Aung Kyi Nyunt, a lawmaker with Aung San Suu Kyi’s opposition National League for Democracy (NLD) party, told RFA’s Myanmar Service Wednesday that the committee, of which he is a member, made the decision at a May 19 meeting in the capital Naypyidaw.Article 436 says that any charter reform can take place only with the support of more than 75 percent of lawmakers, while guaranteeing the military 25 percent of parliamentary seats, giving it veto powers in changing the constitution.

Aung Kyi Nyunt said that the committee had agreed to change the required support for amending the constitution to two-thirds of lawmakers and would submit its recommendation to parliament for an official vote.“Although we have agreed on it, the Union Parliament has to make the final decision,” he said Wednesday, following the committee’s fourth day of discussions since first convening on May 15.
Tin Maung Oo, a lawmaker from the ruling Union Development and Solidarity Party (USDP) who is also a review committee member, confirmed the panel’s decision but did not elaborate on what specific changes to the clause, or to the charter in general, would be recommended to parliament.

“The final decision is on the Parliament. As parliamentarians represent the public, it will echo the public’s sentiment,” he told the Irrawaddy Journal.The ex-colonel under the former military regime said that committee members were considering amendments based on “the public’s voices, the ethnic [minorities’] desires and benefits for them, and for the sake of the state and statesmen.”

Support for change

The NLD and prominent civil society group 88 Generation students held two mass rallies which drew tens of thousands of supporters over the weekend calling for an amendment to Article 436 and other clauses deemed “undemocratic” in the constitution, which was pushed through by the country’s former military regime in 2008.But the USDP, which is largely comprised of former junta generals, has been slow to accept reforms to the charter and the military is reluctant to give up its political privileges.

Aung Kyi Nyunt expressed confidence, however, that the recommendations would be adopted by the legislature, which would set the stage for broader reforms to the constitution before national elections slated for sometime late next year.“I think it can be completed six months ahead of the 2015 election, if we can keep working at the same pace,” he said of the committee’s likelihood of adhering to its time requirements.“We hope to discuss it during the upcoming [May 28] parliamentary meeting.”

Fourteen of the 31 seats in the review committee are held by the USDP, while the military has seven and the NLD has two. The remaining seats are held by either smaller opposition or ethnic parties.
Aung Kyi Nyunt said that the USDP committee members had willingly collaborated on amending Article 436 during Monday’s meeting.“Things went fairly smoothly. We saw the MPs from the USDP hold pretty fair discussions during the meeting,” he said, adding that negotiations were “not that difficult.”

The committee continues to face “several disagreements” over proposed amendments to the constitution, including wording and “differences of opinions between the various political and ethnic parties,” Aung Kyi Nyunt said, but he told RFA that these would gradually be resolved.The committee plans to continue its meetings this week and up until parliament opens next week.

Additional considerations

Tin Maung Oo also told the Irrawaddy that committee discussions had explored devolving governance under a federal system.

“We understand ethnics have doubts about their experiences under 50 years of the Union,” he said, referring to longstanding complaints by minorities that the ethnic Burman-dominated central government has ignored or opposed their interests.More contentious clauses in the constitution—including the number of parliamentary seats held by the military and its role in politics; Article 59(F), which bars Aung San Suu Kyi and others with foreign family members from becoming president; and rules on declaring a state of emergency—require a majority of voters to back their change, via a national referendum.

However, Article 59(F) has not yet been discussed, the Irrawaddy reported, quoting Banyar Aung Moe, an ethnic Mon lawmaker from the All Mon Region Democracy Party who is also serving on the committee.The journal had quoted another NLD lawmaker and committee member Win Myint earlier this week as saying that “there is a lot to discuss” about charter amendments and that talks would not be completed before the resumption of parliament next week.

Worker rights ‘stack up poorly’

 
Cambodia is one of the worst countries in the world to work in, according to an International Trade Union Confederation report released on Monday.The 2014 ITUC Global Rights Index – which focuses on the extent to which workers’ rights such as freedom of association, collective bargaining and freedom to strike are respected – says Cambodia is worse than Iraq, Myanmar and Pakistan when it comes to violations.Following the deadly shooting by government forces of at least four people during a garment strike in January, Cambodia has been given a “5” rating and is considered to offer “no guarantee of rights”, putting it in the unenviable company of Saudi Arabia, Bangladesh and Zimbabwe.“While the legislation may spell out certain rights, workers have effectively no access to these rights and are therefore exposed to autocratic regimes and unfair labour practices,” the report says of the rating.

Only a rating of “5+”, reserved for countries such as Syria and the Central African Republic, where rule of law has completely broken down, is considered worse. However, even in countries in that category, rights are considered no more limited than in those with a “5” rating.
Contributing significantly to Cambodia’s poor ranking were the fatal shootings on Veng Sreng Boulevard on January 3.“For police to kill, beat and arrest workers in brazen violation of the fundamental right to freedom of association is extremely troubling and must be condemned,” the report says.Other issues spelled out include chronic overtime, poor factory conditions and excessive use of fixed-duration contracts in the garment sector.
The ITUC says that it draws its information from the “world’s most comprehensive database of violations of workers’ rights”.

Its affiliates in Cambodia include the Coalition of Cambodian Apparel Workers’ Democratic Union, Rong Chhun’s Cambodian Confederation of Unions and the Cambodia Confederation of Trade Unions.Government spokesman Phay Siphan dismissed the findings yesterday, saying the report had been compiled by people outside Cambodia.“The facts are completely different,” he said, adding that the Kingdom was not by any stretch of the imagination the worst country to work in. “I disagree [with the report].”Garment Manufacturers’ Association in Cambodia secretary-general Ken Loo was not available to comment.

PM Dung begins visit to Philippines

He laid a floral tribute at the Ho Chi Minh Statue at ASEAN park in Intramuros Manila before holding talks with President Aquino at the Presidential Palace.The two sides are expected to reach consensus on specific measures to strengthen bilateral cooperative ties, especially in the fields mentioned in the 2011-2016 action plan.Discussions will focus  on bilateral cooperation in economics, trade, export of rice, electronic components and farm produce, education, culture, sports, security, national defence, ocean and maritime, as well as agro-forestry and fishery sector between Vietnam and the Philippines.PM Dung and the Filipino President will also exchange views on issues of mutual concern, including the complicated East Sea situation.

Thailand martial law: A cheat sheet to get you up to speed

 

Protests surge. Violence flares. And troops swoop in, claiming they're trying to calm things down but not taking over.Today, that's the situation in Thailand, where the army declared martial law in a surprise move without informing the country's embattled Prime Minister. But we've heard the same sort of explanation a few times recently from military leaders in other countries that are going through political turmoil.Is this deja vu, military coup style? What's fueling the situation in Thailand? Who's in charge? What could happen next? And why should you be paying attention?

At dawn on Tuesday, Thai TV networks showed troops armed and at the ready, running in formation and toting guns. They also broadcast statements from military leaders repeating a key message: Don't panic. This is not a coup. But we're in charge now -- at least when it comes to national security.

Apparently, that was news to the country's embattled acting prime minister."They took this action unilaterally," an aide to the prime minister told CNN, describing the situation as "half a coup d'etat."

Human Rights Watch said Tuesday that declaring martial law "is effectively a coup that threatens the human rights of all Thais."The law includes restrictions on where protesters can gather, what TV and radio broadcasters can air and social media posts, according to the Bangkok Post.

Several analysts told CNN it isn't a coup -- yet.

Acting Prime Minister Niwattumrong Boonsongpaisan's government remains intact, his chief security adviser said."Everything is normal," Paradorn Pattanatabu told Thai public broadcaster MCOT, "except the military is responsible for all national security issues."

This sounds familiar. How does it compare to what we've seen in other countries?

Around the world, we've heard a lot about coups recently.

In Libya, some troops have been arguing that increasing military power that's rallying behind a renegade local general isn't anything to worry about. But the Libyan government and the military command in Tripoli reacted with alarm, saying that they didn't order retired Gen. Khalifa Haftar's deadly attacks against Islamist militants last week, and that the operation -- which they conceded included some Libyan soldiers -- amounted to a coup.

In February, Ukraine's President claimed a coup had forced him from office, while lawmakers said they were following the will of the people when Parliament voted to oust him and hold new elections.

A military coup in Egypt last year ousted President Mohamed Morsy from office and placed an interim leader in power. A debate surged afterward about whether a coup was an appropriate term to use for the ouster.

At this point, in Thailand, it seems like the government and military remain allied.

There are a few key things about the military's announcement that officials around the world say they're watching closely:

-- Military leaders said martial law is temporary, but they haven't said when it will end.

-- They've said their goal is easing tensions and bringing rival parties together for talks.

-- And they haven't named a new government.

Thailand wakes up to military rule: What it means

How did things get to this point?

Political tensions are running so high in Thailand that a large swath of the population wants to see a change in leadership but opposes elections because they don't trust the government to guarantee they're free and fair.

Those are the so-called yellow shirts, predominately urban, middle-class supporters of the royalist establishment. They've been staging massive protests in the country's capital for months and boycotted elections in February.Backing the government are the so-called red shirts, many of whom hail from the country's rural north and northeast.The two groups have been at the center of political divides in the country for years, with simmering tensions boiling over into violent clashes between protesters and government forces.

The latest flashpoint occurred this month, when caretaker Prime Minister Yingluck Shinawatra was removed from government after the Thai Constitutional Court ruled that she was guilty of violating the constitution.

The pro-government red shirts saw her ouster as a "judicial coup" and have been protesting what they consider a bias by many of the country's institutions against their side.

Three anti-government protesters were killed and 23 injured when gunmen opened fire on a protest camp last week, prompting a warning from the army chief that troops would have to step in if the situation didn't calm down.Later that day, anti-government protesters stormed the grounds of an air force compound, forcing the country's interim prime minister to flee a meeting.

What's next?

Thailand's army chief, Gen. Prayuth Chan-ocha, says the next step is bringing "rival parties to talk in peace."But it isn't clear whether the opposing sides have any interest in sitting down and talking to each other.What will happen, analysts say, depends on what the military does in the coming days and how protesters respond.Thitinan Pongsudhirak, a political science professor at Chulalongkorn University in Bangkok, described the situation as "very volatile.""This is a precarious time now for the army," he said. "They have to be evenhanded.""If it's seen as favoring one side or the other side, then we could see more violence and turmoilagainst the military." 

Has anything like this ever happened before in Thailand?

Thailand is no stranger to military coups.There have been 18 military coups attempted there in 80 years; 11 have been successful.The last one was in 2006 when the military sent tanks onto the streets before ousting then Prime Minister Thaksin Shinawatra.But times have changed, said Paul Quaglia, a 20-year veteran of the CIA and director of risk assessment firm PQA Associates.

"They really are out of the business of staging coups now in 2014," he said. "That being said, they may have to take more assertive action in the days to come if one or the other of the opposing camps do not accept martial law and continue to defy it."

Soldiers, selfies and martial law

Why should I care about this?

Thailand's political instability could have an impact beyond the country's borders. The months of protests have already hurt Thailand's economy and run the risk of making the country less attractive to investors and governments looking to strike up deals, analysts say.

"A reputation for perpetual political unrest would definitely hurt Thailand's competitiveness and attractiveness to foreign investment in the future," the Center for Strategic and International Studies said in a December analysis of the political crisis.

"Known as the 'Detroit of the East,' Thailand has risen to become a vital manufacturing and assembly hub of hard-disk drives and automobiles for Japanese and Western firms," the analysis said.

A recent report from the U.S. Congressional Research Service notes that amid the turmoil, "Bangkok's reliability as a partner, and its ability to be a regional leader, are uncertain."

"A stable Thailand is strategically important to the United States, both because of its status as a U.S. treaty ally and as an anchor for mainland Southeast Asia," the report said. "U.S. policymakers are faced with how to deal with an unraveling democracy and how to respond to profound concerns about the civilian-military balance in Thai society."

The State Department has said it's closely following this week's developments and hopes Thailand's military leaders will keep their word.