Constitutional Law & Civil Rights

Mutual Trust necessary in amending Constitution: Thura U Shwe Mann

Date: 10 September 2018; Type: Legal News; Source: Myanmar Times

National reconciliation in the most important element in ensuring progress in Myanmar’s democratic transition, Thura U Shwe Mann, chair of the Pyidaungsu Hluttaw’s Legal Affairs and Special Issues Assessment Commission, said on Friday.

“Both sides need to trust each other for national reconciliation. Doubts need to be reduced, so does ego. Leaders of organisations need to meet to talk more. This will greatly support national reconciliation,” he said in the DVB televised broadcast of a debate, “From Military Rule to Democracy.”

“Taking into consideration the security and the safety of the former leaders, the 2008 constitution was prescribed and the power was handed over to the next cabinet. In other words, the 2008 constitution was essential in the transition period,” Thura U Shwe Mann said.

Some complain that democracy cannot be smoothly established because of the 2008 Constitution, but if mutual trust can be built up, the constitution could be amended, he said.

“Mutual trust is needed. When doubts about each other are cleared, (amending the constitution) will become possible,” he said. It is necessary to determine who would be responsible to amend the constitution, who could change it, and to take on the task at the right time and in the right way, he said.

“It also depends on the seriousness of the person who can manage and decide on the 25 percent issue,” Thura U Shwe Mann said, referring to the charter’s stipulation that 25pc of seats in both houses of parliament is held by non-elected military officers. Moreover, if mutual trust is built, all Hluttaw MPs would become elected, he added.

No other country that has been through a transition like Myanmar’s has achieved the current status of Myanmar. Only Myanmar was able to make it, he said.

He asked the debate audience to imagine a situation without the 2008 Constitution, while affirming that there were many stipulations that were in line with democracy in the constitution.

“I am not discussing whether the constitution is good or bad - perfect or not. I am neither taking pride in that constitution nor putting blame on it. I just want you to see the reality,” he said.

The hluttaws emerged as a result of the 2008 Constitution, which was used as a basis for the transition from military to civilian rule and finally led to 75pc of seats being filled by elected representatives. Still, more reforms are needed, and the constitutional amendment was just one of them, he said.

The Tatmadaw (military) staged coups in 1962 and 1988, because of the desires and at the instructions of the then military leaders, he added. In whichever way the power is controlled, since the sovereign power belongs entirely to the people, it must undoubtedly be returned to the people, he said.

Instead of worrying about the past, focus on the present and, if all the people collaborate, it might lead to success, he said.

Notice: The Publishers of Asean LIP acknowledge the permission granted by the relevant official/ original source for the reproduction of the above/ attached materials. You shall not reproduce the above/ attached materials in whole or in part without the prior written consent of the Publishers and/or the original/ official source. Neither the Publishers nor the official/ original source will be liable for any loss, injury, claim, liability, or damage caused directly, indirectly or incidentally to errors in or omissions from the above/ attached materials. The Publishers and the official/ original source also disclaim and exclude all liabilities in respect of anything done or omitted to be done in reliance upon the whole or any part of the above/attached materials. The access to, and the use of, Asean LIP and contents herein are subject to the Terms of Use.

Get ASEAN LAW ALERT

Legal updates by e-mail. It's Free.

INDUSTRY UPDATES

SC, DOJ Buildings declared Safe

MANILA, Apr 24 (PNA) - Work resumed at the Supreme Court (SC) and the Department of Justice (DOJ) on Wednesday, after the magnitude 6.1 earthquake that shook parts of Luzon including Metro Manila last Monday.

Read More

INDUSTRY UPDATES

SC asked to allow Poll Watchers to take Photos

MANILA, Apr 24 (PNA) - Various individuals and groups asked the Supreme Court (SC) to lift the ban imposed by the Commission on Elections (Comelec) on digital photo taking by watchers of candidates in the May 13 mid-term polls.

Read More

INDUSTRY UPDATES

Makati Court hears Drug Case vs Ex-NBI Exec

MANILA, Apr 24 (PNA) - A prosecution witness positively identified the former acting regional director of the National Bureau of Investigation (NBI) in Central Mindanao as the owner of a 1,000-square meter lot in Virac, Catanduanes, where a shabu laboratory was uncovered three years ago.

Read More

INDUSTRY UPDATES

Mobile Application on Labour Market Information Launched

PUTRAJAYA, Apr 23 (Bernama) - Information on Malaysia's labour market is now available at the fingertips with the launch of a new mobile application, Labour Market Information Gateway or LMI Gateway today.

Read More

INDUSTRY UPDATES

Former Lawyer Pleads not Guilty to CBT Over Client's House Sale Proceeds

KUALA LUMPUR, Apr 23 (Bernama) - A former lawyer pleaded not guilty at the Sessions Court here today to a charge of criminal breach of trust amounting to RM338,000 which was the proceeds from the sale of a house belonging to his client three years ago.

Read More

INDUSTRY UPDATES

Manila Court orders Arrest of Acierto, Seven Others

MANILA, Apr 23 (PNA) - A Manila court has ordered the arrest of former police official Eduardo Acierto and seven others implicated in the smuggling of shabu shipments inside magnetic lifters last year.

Read More

INDUSTRY UPDATES

SC orders Inspection of Court Houses in Quake-Affected Areas

MANILA, Apr 23 (PNA) - Chief Justice Lucas Bersamin on Tuesday ordered an inspection of all court houses in areas affected by the magnitude 6.1 earthquake that hit Luzon on Monday afternoon.

Read More

INDUSTRY UPDATES

Cybersecurity Challenge should be viewed as an Opportunity - Gobind

CYBERJAYA, Apr 23 (Bernama) - A national innovation ecosystem needs to be developed to transform cybersecurity challenges towards forming new opportunities, ideas and solutions, Communications and Multimedia Minister Gobind Singh Deo said today.

Read More

INDUSTRY UPDATES

Malaysia signs ASEAN Trade in Services Agreement

KUALA LUMPUR, Apr 23 (Bernama) - Malaysia has signed the ASEAN Trade in Services Agreement (ATISA) and the Fourth Protocol to Amend the ASEAN Comprehensive Investment Agreement (ACIA).

Read More

INDUSTRY UPDATES

Former Lawyer charged with Criminal Breach of Trust

SEREMBAN, Apr 23 (Bernama) - A former lawyer pleaded not guilty in the Sessions Court here today to criminal breach of trust involving RM198,592.50, nine years ago.

Read More

INDUSTRY UPDATES

PCC seeks Own Probe on Luzon Power Outages

MANILA, Apr 22 (PNA) - The Philippine Competition Commission (PCC) announced that it will investigate allegations of collusion or abuse of dominance among energy companies that led to the recent series of power outages in Luzon.

Read More

INDUSTRY UPDATES

Right to Freedom of Religion guaranteed under Federal Constitution

KOTA BELUD, Apr 21 (Bernama) - The right to freedom of religion of every Malaysian is guaranteed under the Federal Constitution, said Sabah Rural Development Minister Datuk Ewon Benedick.

Read More

INDUSTRY UPDATES

Sabah and Sarawak High Court Registrar's Office to move to Kota Kinabalu

SANDAKAN, Apr 21 (Bernama) -- Minister in the Prime Minister’s Department Datuk Liew Vui Keong today confirmed that the Office of the Registrar of the Sabah and Sarawak High Court will be relocated from Kuching to Kota Kinabalu.

Read More

INDUSTRY UPDATES

Government awaits Approval from Malay Rulers on New Chief Justice - Mahathir

KUALA LUMPUR, Apri 19 (Bernama) - The government is awaiting approval from the Malay Rulers for the appointment of a new Chief Justice, Prime Minister Tun Dr Mahathir Mohamad said today.

Read More

INDUSTRY UPDATES

Double Pay for Workers on Maundy Thursday, Good Friday

MANILA, Apr 17 (PNA) - Workers who will report to work on April 18 and 19 will receive twice their regular daily wages as both days have been declared regular holidays, the Department of Labor and Employment (DOLE) said Wednesday.

Read More