Political observers point out that military leader Senior General Min Aung Hlaing has enacted the “Union Consultative Council” law, which will be above the government that will emerge from the fake elections they held, and is preparing to continue to control all power to perpetuate the dictatorship.
The “Union Consultative Council” law was signed into law by acting president Min Aung Hlaing on February 3, and the law misuses Article 217 of the 2008 Constitution to create an organization with greater powers than the president.
The law was enacted under Article 217 of the 2008 Constitution of the military regime created by former dictator Senior General U Than Shwe, and the position of State Counselor existed during the NLD government, according to legal expert and lawyer Saw Ba U Lay.
“With this law, it is expected that (military leader) Min Aung Hlaing will not take the presidency without a military post, so I expect that he will not take the presidency and will only take the position of chairman of the council, which is above the president, along with the position of army chief,” Saw Ba U Lay said.
Article 217 of the 2008 constitution states that the executive power of the country lies with the president, and after that, the Union Parliament can grant responsibilities and powers (the highest power) to any person or organization.
Currently, the military leader and the organizations under his command are declared terrorists as well as enemies of the state and the people, so this case is illegal, said U Nay Phone Latt, spokesman for the Prime Minister’s Office of the National Unity Government (NUG).
“These people are criminals who have illegally arrested state leaders and committed treason, so they do not have the right to legislate like this. So this is just an invalid document issued in the name of law,” said U Nay Phone Latt.
The former dictator, Senior General U Than Shwe, who created the law, had tried to form a “state junta” under his leadership to continue to control power, but the plan failed when his deputy, Lieutenant General Maung Aye, refused to accept it.
Then, in 2016, the National League for Democracy (NLD) party, which won the election, used this article to appoint Daw Aung San Suu Kyi, who was banned from running for president, as State Counselor, which the military representatives did not accept and protested in parliament.
Similarly, the weaknesses of the 2008 constitution, In addition to the injustices, he also ordered the assassination of U Ko Ni, the NLD’s legal advisor who had discovered and pointed out Article 217 and drafted the State Counsellor Law.
“We said that a fake election would not change anything. Similarly, we see the current situation that Min Aung Hlaing is creating to hold on to his power for a long time,” said U Nay Phone Latt, a spokesman for the NUG Chief Minister’s Office.
The military leader stated that the purpose of enacting the Council Law was to strengthen a genuine and disciplined multi-party democracy, build a union based on democracy and federalism, and ensure the country’s prosperity and food security.
In addition, the Pyidaungsuh Hluttaw, in accordance with the objectives of this law, will advise and advise on security and the rule of law, international relations, peace, and law enforcement issues. The president must be given the authority to form the council in order to coordinate and coordinate.
“We see that they are enacting the laws they want without waiting for the next parliament. It is possible that they want to control and influence the government after the election. It is difficult to say that he has given up his presidential ambitions,” said a political analyst.
In addition, the military leader’s “Union Consultative Council” law also has weaknesses, and it does not specify who will report to and be responsible, and the qualifications of the council members to be formed are not specified, the political analyst continued.
According to the military leader’s council law, the president must appoint a chairman and secretary from suitable individuals, and the council must be formed with at least 5 members, including them, and be provided with monthly allowances, expenses, lodging and benefits, and its term is the same as the president’s.
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