Elections for membership in both houses are held every five years.
27
To qualify as
a candidate for Pyithu Hluttaw elections, the candidate must be aged at least
twenty-five years, be born of Burmese parents and have resided in Burma for at
least ten consecutive years prior to his/her candidacy.^28 A candidate will be
disqualified if he/she is serving a prison term, commits an election offence, is of
unsound mind, is an undischarged bankrupt, owes allegiance to a foreign govern-
ment or is a foreign subject.^29 In the case of the Amyotha Hluttaw, candidates
must be at least thirty years old, and are entitled to be elected to the Pyithu
Hluttaw.^30
The executive branch
Under the 2008 constitution, the president serves as both head of state and head
of government.
31
The post of prime minister was abolished. The Cabinet is
appointed by the president and confirmed by the Pyidaungsu Hluttaw, or the joint
houses of the bicameral legislature. The president is selected by an electoral
college comprising members of the Pyidaungsu Hluttaw, along with two vice-
presidents.
To qualify as a candidate for the presidency or vice-presidency, a person must be
at least forty-five years old, be a citizen of Burma and not be a member of any
Hluttaw. His or her parents must both have been born in Burma and be Burmese
nationals.
32
In addition, he or she must have resided continuously in Burma for at
least twenty years.
(^33) Particularly controversial is Article 59 (f), which provides that
the candidate:
himself, one of the parents, the spouse, one of the legitimate children
or their spouses not owe allegiance to a foreign power, not be subject of
a foreign power or citizen of a foreign country. They shall not be
persons entitled to enjoy the rights and privileges of a subject of a
foreign government or citizen of a foreign country.
This clumsily drafted provision was seen as directly targeting Aung San Suu Kyi,
whose late husband, Michael Aris, was a British national. Under Article 60 , the
Presidential Electoral College comprises three groups of Pyidaungsu Hluttaw
representatives: (a) representatives from the regions and states; (b) representatives
elected on the basis of township and population; and (c) representatives nominated
by the commander-in-chief of the Defence Services for the two Hluttaws.
The president and vice-presidents can each serve a maximum of two terms (of five
years each) in office.
(^27) Constitution of Burma, Art. 119. (^28) Constitution of Burma, Art. 120 (a)–(c).
(^29) Constitution of Burma, Art. 121. (^30) Constitution of Burma, Art. 152.
(^31) Constitution of Burma, Art. 16 and 23. (^32) Constitution of Burma, Art. 59 (b).
(^33) Constitution of Burma, Art. 59 (e).