// Workers AI · dad joke modeDid the 2015 Myanmar referendum vote yes? It was a constitution-al majority.
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 Myanmar portal |
A constitutional referendum was scheduled to be held in Myanmar (Burma) in May 2015.[1][2] If approved, the proposed reforms would have come into effect after the general elections in November.[3] After all but one proposed amendments that require a referendum were discarded,[4] the referendum was postponed.[5] The amendments that do not need a referendum were passed instead.[6]
According to the 2008 Constitution of Myanmar, certain sections require a nation-wide referendum in addition to more than 75% support in both houses of the Pyidaungsu Hluttaw (legislature) to amend,[7] while other sections do not need a referendum to amend.[8] The changes that need a referendum must be approved by more than 50% of the registered voters,[7] rather than 50% of those voting.[1]
Referendum-requiring Bill
[edit]The proposed constitutional amendment bill was discussed at the Pyidaungsu Hluttaw from 23 to 25 June 2015. Amendments that required the referendum were confined to four key clauses.
- Article 436 for amending the constitution be lowered from its current figure of more than 75 percent to at least 70 percent of votes, which would have ended the effective veto of the military
- Articles 59 and 60 for presidency qualifications which bars opposition leader Aung San Suu Kyi from the presidency
- Article 418(b) for military’s role in the state of emergency is declared[9]
The Pyidaungsu Hluttaw voted against most of these amendments on 25 June, ensuring that the military's veto power remained intact and that Aung San Suu Kyi could not become president in the 2015 general elections.[10] The result was no surprise given that 25% of the seats in the legislature are, by law, held by the military. The proposal aimed to reduce the vote share needed to amend the constitution to 70%.[11] The Pyidaungsu Hluttaw approved only a minor change to article 59(d).[4]
Cancellation of Referendum
[edit]The Union Election Commission requested to delay the referendum in July 2015 because it concerned only a minor change to article 59(d). On 22 July, the Pyidaungsu Hluttaw voted to postpone the referendum.[5]
Amendment without Referendum
[edit]The amendments to the schedules which do not require a referendum[7][8] were enacted on 22 July 2015.[6][12]
References
[edit]- 1 2 No Constitutional Amendments Before Election: Shwe Mann The Irrawaddy, 18 November 2014
- ↑ Dyer: Army stifles reform in Burma LF Press, 8 May 2015
- ↑ No constitutional reform before 2015 election: Shwe Mann Archived 2014-12-08 at the Wayback Machine DVB, 18 November 2014
- 1 2 "Referendum to Be Held to Change Wording of Requirement for Top Politicians in Myanmar". Radio Free Asia.
- 1 2 San Yamin Aung (22 July 2015). "Parliament Votes to Postpone Planned Charter Referendum". The Irrawaddy. Retrieved 23 July 2015.
- 1 2 ပြည်ထောင်စုသမ္မတမြန်မာနိုင်ငံတော် ဖွဲ့စည်းပုံအခြေခံဥပဒေကိုပြင်ဆင်သည့်ဥပဒေ(၂၀၁၅ ခုနှစ်၊ ပြည်ထောင်စုလွှတ်တော်ဥပဒေအမှတ် ၄၅။) [The Law Amending the Constitution of the Republic of the Union of Myanmar (The Pyidaungsu Hluttaw Law No. 45, 2015)] (in Burmese). Pyidaungsu Hluttaw. 22 July 2015. [English translation: https://www.mlis.gov.mm/mLsView.do?lawordSn=9746]
- 1 2 3 Constitution of the Republic of the Union of Myanmar, Section 436(a), 2008,
436.(a) If it is necessary to amend the provisions of Sections 1 to 48 in Chapter I, Sections 49 to 56 in Chapter II, Sections 59 and 60 in Chapter III, Sections 74, 109, 141 and 161 in Chapter IV, Sections 200, 201, 248 and 276 in Chapter V, Sections 293, 294, 305, 314 and 320 in Chapter VI, Sections 410 to 432 in Chapter XI and Sections 436 in Chapter XII of this Constitution, it shall be amended with the prior approval of more than seventy-five percent of all the representatives of the Pyidaungsu Hluttaw, after which in a nation-wide referendum only with the votes of more than half of those who are eligible to vote.
- 1 2 Constitution of the Republic of the Union of Myanmar, Section 436(b), 2008,
(b) Provisions other than those mentioned in Sub-Section (a) shall be amended only by a vote of more than seventy-five percent of all the representatives of the Pyidaungsu Hluttaw.
- ↑ "Debate on Constitution Reform Bill Begins in Parliament". The Irrawaddy.
- ↑ "Myanmar's parliament blocks changes to constitution - US News". U.S. News & World Report.
- ↑ "Myanmar military retains veto after constitution change vote fails". Reuters.
- ↑ "Constitution of Myanmar (as amended up to 2020)". refworld.
Comments: Entered into force on 31 January 2011. The Burmese version includes the amendments of 22 July 2015 and 26 March 2020. The unofficial English translation does not include these amendments.
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See also: Union Election Commission | |