An Alternative Solution to Amend the Constitution

But how to do that, since the Constitution must be in effect before it can be amended? One idealistic solution would be for representatives of the international community, such as the United Nations, to broker a political dialogue between the military and the democratic opposition to gain a binding agreement to amend a single article of the Constitution after the election, setting aside other Constitutional problems for now.

Article 436 of Chapter 12 is titled “Amendment of the Constitution.” It reads: The Constitution “shall be amended with the prior approval of more than seventy-five percent of all the representatives of the Pyidaungsu Hluttaw [Union Parliament].”

Because of the military's control of 25 percent of parliament, Article 436 gives the military veto power to reject all amendment bills it opposes.

Once the parliament is in session, however, the democratic opposition can be expected to work to amend this section, perhaps by suggesting that the approval of the bicameral parliament by more than two-thirds, or 66.66 percent, of all representatives be required to approve amendments. With such a change, the amendment procedure would favor neither civilian nor military politicians and would represent a more democratic consensus.

For the military, if it wishes to block any legislation, it would require their representatives to win the support of another 15 percent of the parliament's representatives. They could attain this proportion either through winning seats in the election through proxy parties or persuading elected members to support their proposals.

If such a Constitutional change were made, the rules of the game would be fair and the country's politics could become meaningful and inclusive, because the NLD-led opposition could see a way forward to democratic governance.

If the military believes that it deserves the privilege to govern, then its generals and soldiers should be brave enough to compete with politicians and political parties within an open and fair parliamentary framework.