Cosmetic Constitutional Amendments and the Strengthening of Authoritarianism
This briefing offers a first look at the 43 proposals to amend or add to the 2008 Constitution that the junta sent to its parliament, examining them by sector: federalism, the executive, the legislature, the judiciary, military affairs and elections.
The junta held a sham election, installed its own leader, Min Aung Hlaing, as president, and sent 43 proposed amendments and additions to the 2008 Constitution to the Pyidaungsu Hluttaw. The proposals do not include all the points agreed with the EAOs the junta negotiated with, and include only a few of the more than 200 points submitted by political parties. By number, the proposals target the executive most, and they expand the president's executive and legislative powers. States and regions would be allowed to draft their own constitutions, but only within the 2008 framework, which would further entrench centralised rule. The Constitutional Tribunal and the Union Election Commission would have ten-year terms, and their members would need the president's permission to resign.
The 43 proposals run counter to federalism, democratic norms, the rule of law and human rights, and would only entrench constitution-based authoritarianism.