Myanmar’s fundamental problem: the 2008 constitution

After the Myanmar military, or Tatmadaw, launched a coup d’état on February 1, many democratic countries responded with condemnations of the Tatmadaw leaders. Later, they united with Myanmar’s people by strongly urging the regime to relinquish its forceful rule, unconditionally release all detainees, and transfer power back to the elected civilian government led by the National League for Democracy (NLD).

The United States, for example, imposed targeted sanctions on the top military brass. The international community continues to pressure the Tatmadaw to comply with the people’s demands. 

These demands, however, if implemented would only be a temporary remedy for the current political turmoil, rather than providing a real solution to Myanmar’s fundamental problem. That problem is the 2008 constitution drafted by the military junta then in place.

According to this constitution, Myanmar has never been a democratic country, despite the fact that it has had two elected governments – that of the United Solidarity and Development Party through the 2010 general election and that of the NLD through the 2015 general election. But it was still quasi-military rule. 

However, the international community of elites have persuaded themselves that the arc of history within Myanmar bends toward democracy, ignoring ample evidence that, in fact, it bends whichever way the Tatmadaw wrenches it under the 2008 constitution. Other international observers, analysts, journalists and diplomats have bemoaned the fact that Myanmar’s democracy has been stolen.