Legal Framework No Constitutional Reform The 2008 Constitution of Myanmar remains fundamentally undemocratic, as 25% of all seats in the national Parliament and the 14 state and regional parliaments are reserved for appointed members of the Tatmadaw (armed forces) 79. This quota undermines the power of elected lawmakers and the legitimacy of the legislature. It also provides for the possibility of minority rule since political forces aligned with the military would be able to form a government with only half as many seats, which goes against the principle dictating that the will of the people shall be the basis of the authority of government 80. Furthermore, the Constitution requires the appointment of Tatmadaw personnel to the key positions of Defence, Home Affairs, and Border Affairs ministers 81. It also excludes anyone who has a close family member “owing allegiance to a foreign power” or holding foreign citizenship from becoming President 82, a clause famously designed to prevent Daw Aung San Suu Kyi from accessing the office. The National League for Democracy (NLD) government elected in 2015 thus created the new position of State Counsellor in order to overcome this barrier. Amending the Constitution demands a supermajority of more than 75% of all members of the Pyidaungsu Hluttaw 83 (national Parliament), effectively granting the military veto power over any potential changes to the text. In addition, some protected clauses require amendments to be endorsed by a referendum with a minimum turnout of 50% of all eligible voters. Despite these restrictions, the NLD attempted to achieve constitutional reform during its first term in office. From February to July 2019, a joint parliamentary committee considered possible amendments and published a report containing 3,765 recommendations 84. Starting in January 2020, Myanmar’s Parliament then debated two bills proposed by the NLD and containing 114 amendments which prioritised democratization over federalism, which was a core demand for ethnic-based parties. MPs from the USDP and military submitted five competing bills of their own 85. During the vote, which took place from 10 to 20 March 2020, the vast majority of the proposed amendments were unsurprisingly turned down, with votes closely following party lines despite a secret ballot 86. Only three articles passed, two of which slightly changing phrases relating to persons with disabilities (PWDs) 87, and the other removing a minor redundancy 88. No substantial change was achieved. The first attempt at reforming the 2008 Constitution has therefore failed, evidencing the difficulty of the task. For the foreseeable future, Myanmar still has to deal with a legal system failing to uphold 79 Articles 109, 141 and 161 of the Constitution of Myanmar Article 21(3) of the Universal Declaration of Human Rights 81 Article 232(b) of the Constitution of Myanmar 82 Article 59(f) of the Constitution of Myanmar 83 Article 436 of the Constitution of Myanmar 84 http://constitutionnet.org/sites/default/files/2019-07/Amendment%20Annex%20English%20Translation.pdf 85 http://constitutionnet.org/vl/item/myanmar-proposed-constitutional-amendment-bills 86 https://www.rfa.org/english/news/myanmar/constitutional-amendments-03122020171831.html 87 http://constitutionnet.org/sites/default/files/202003/Myanmar%202008%20Constitution%20Amendment%20Proposals%20and%20Voting%20Results%20of% 20Union%20Parliament_436%20A_Eng.pdf 88 http://constitutionnet.org/sites/default/files/202003/Myanmar%202008%20Constitution%20Amendment%20Proposals%20and%20Voting%20Results%20of% 20Union%20Parliament_436%20B_Eng.pdf 80 32