Constitutionalism in Asia in the Early Twenty-First Century

(Greg DeLong) #1

At the same time, the ban on websites – YouTube, Reuters, Burmese-language


Voice of America, and the exile-run Democratic Voice of Burma – was lifted.


(^42) At
the end of November 2011 , US Secretary of State Hillary Clinton visited President
Thein Sein and Aung San Suu Kyi in Rangoon, Burma. As the first secretary of state
to officially visit Burma since 1955 , she appeared optimistic about the 2010 election
reforms, yet was not prepared to lift all US sanctions against Burma.
Just before Clinton’s visit, the NLB announced its intention to re-register itself as
a political party so it could contest the forty-five by-elections to be held after
elected parliamentarians vacated their seats upon being given ministerial rank.^43
On 18 January 2012 , Aung San Suu Kyi registered to contest the election for a
Pyithu Hluttaw seat in Kawhmu township which was held on 1 April 2012. Its
previous occupant, Soe Tint, vacated the seat after being appointed deputy con-
struction minister. She easily defeated her opponent, retired army physician Dr Soe
Min. The NLD won forty-three of the forty-five contested seats and Aung San Suu
Kyi became the unofficial leader of the opposition.
Although the newly elected members of the Pyithu Hluttaw were scheduled to
take their oaths of office and to take their seats on 23 April 2012 , this did not happen.
The NLD, including Aung San Suu Kyi, protested the wording of the oath of
office, which, among other things, required the parliamentarians to ‘safeguard’ the
Constitution. This, the NLD argued, was tantamount to requiring their members
to sanction and uphold a constitution which they would like very much to change.
On 2 May 2012 , the NLD members-elect took their oaths of office and on 9 July
2012 , Aung San Suu Kyi attended the Pyithu Hluttaw for the first time as a
lawmaker.
iii. cambodia
From colony to kingdom ( 1887 – 1970 )
In 1863 , Cambodia became a protectorate of France, and in October 1887 it
became part of Union Indochinoise (Union of Indochina) along with Vietnam
and later Laos, after Laos was annexed by the French from the Siamese in 1893.^44
From that time on, the French controlled all levers of power in Cambodia and
even determined the appointment of monarchs. On 25 April 1941 , the French
crowned Prince Norodom Sihanouk king of Cambodia in preference over his
brother, whom they regarded as too independent.
(^42) Nirmal Ghosh, ‘Winds of change in Myanmar’,Straits Times, 17 September 2011.
(^43) Under Arts. 232 (i) and 232 (j) of the Constitution, persons who are appointed Union
ministers shall be deemed to have resigned or retired from their seats in the Hluttaw.
(^44) See generally Jo ̈rg Menzel, ‘Cambodia: from civil war to a constitution to constitutional-
ism?’, in Hill and Menzel,Constitutionalism in Southeast Asia,p. 39.


Constitutionalism in Burma, Cambodia and Thailand 229

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