Political Situation of Myanmar a (r)

[xlo39@xxxxxxxxxxxxxx]

Subject: Re: Political  Situation  of  Myanmar  and  Its  Role in the     Region

If the 1947 constitution is irrelevant (though it may provide the SPDC 
with an opportunity to engage in misinformation), is there anything in 
the 1974 constitution which could bar Suu Kyi from running for election 
due to her close associations with Britain?

Once this matter is definitively sorted out, the SPDC claim will lose 
much of its power. It will have been shown to be false (hopefully). Lies 
have to be carefully refuted one by one. Truth is the best means of 
exposing evil.



David Arnott wrote:
> 
> My view as a lay person is that whatever is provided in the 1947
> Constitution is legally irrelevant since the constitution in force in 1988
> when SLORC assumed power was not the 1947 but the 1974 Constitution. The
> present status of the 1974 Constitution is another matter.
> 
> DA
> 
> At 02:13 22/11/98 -0800, you wrote:
> >The point I was making was that the generals claim ASSK is ineligible to
> >run for election because of what is stated in the 1947 constitution.
> >This should be a matter of fact and unrelated to any decree the generals
> >may wish to issue. The generals' claim is either true or false. Whether
> >Burma is essentially a lawless state does not come into it. It is a
> >question related to what is contained in the 1947 constitution. If we
> >want to prove the generals are disseminating false information we have to
> >prove that what they are claiming is false.
> >
> >
> >David Arnott wrote:
> >>
> >> Burma is essentially a lawless state. There is no current constitution
> >> (thus my comment on the 1947 Constitution). If the generals want to
issue a
> >> decree saying that ASSK is barred from running for election, holding
public
> >> office, driving a car, walking a dog etc., they can do it because they
hold
> >> the power. The law has nothing to do with it.
> >>
> >> DA
> >>
> >> At 19:22 21/11/98 -0800, you wrote:
> >> >You appear to have answered the question of citizenship (from what you
> >> >write I deduce that Aung San Suu Kyi has, and always has had, Burmese
> >> >citizenship). Is this sufficient totally to refute the suggestion of
> >> >Myanmar Perspectives that she is barred from standing for election
due to
> >> >her close associations with Britain?
> >> >
> >> >
> >> >
> >> >David Arnott wrote:
> >> >>
> >> >> 1) "Myanmar Perspectives", may be assumed to reflect the position
of the
> >> >> SPDC. The implication that SPDC considers that the 1948
Constitution is
> >> >> still in force is intriguing, to say the least. Perhaps I should
put the
> >> >> document on the net.
> >> >>
> >> >> 2) It is true that Daw Suu was not elected. She was under house
> arrest from
> >> >> 1989 to 1995 and thus not in a position to run in the 1990 elections.
> >> >>
> >> >> 3) On citizenship,
> >> >>
> >> >> The relevant sections of the law are as follows:
> >> >>
> >> >> Burma Citizenship Law (Pyithu Hluttaw Law No. 4 of 1982)
> >> >> ........
> >> >>
> >> >> 15.     (a) A citizen shall not lose his citizenship merely by
marriage
> >> to a
> >> >> foreigner;
> >> >> ......
> >> >> 16.  A citizen who leaves the State permanently, or who acquired the
> >> >> citizenship of or registers himself as the citizen of another
> country, or
> >> >> who takes out a passport or a similar certificate of another country
> ceases
> >> >> to be a citizen.
> >> >>
> >> >> 17.  The citizenship of a citizen by birth shall not be revoked,
> except in
> >> >> the case of cessation of citizenship under section 16.
> >> >>
> >> >> [Source: "Working People's Daily" Special Supplement, 16 October 1982]
> >> >>
> >> >> Daw Suu has never had a British Passport
> >> >>
> >> >> David A
> >> >>
> >> >> At 06:28 21/11/98 -0800, Neil McDougall wrote:
> >> >> >Is there any truth to this suggestion that Aung San Suu Kyi is
> >> >> >constitutionally barred from running for election, or is it just
> another
> >> >> >piece of government misinformation? Any Burmese constitutional
lawyers
> >> >> >out there?
> >> >> >
> >> >> >
> >> >> >
> >> >> >MYANPERSP@xxxxxxx wrote:
> >> >> >>
> >> >> >> (Part I )
> >> >> >> To: burmanet-l@xxxxxxxxxxx
> >> >> >> X-Mailer: QUALCOMM Windows Eudora Pro Version 3.0.2 (32)
> >> >> >> X-Sender: strider@xxxxxxxxxxxxxxx
> >> >> >>
> >> >> >>                 Political  Situation  of  Myanmar  and  Its  Role
> in the
> >> >> >Region (Part I )
> >> >> >
> >> >> >
> >> >> >
> >> >> >> 11. Practising Universal Rules In The Protection Of National
Security
> >> And
> >> >> >> Interest
> >> >> >> More specifically and importantly what most people do not
realize is
> >> >> that in
> >> >> >> many instances Ms. Suu Kyi is erroneously being referred as an
> elected
> >> >> >person
> >> >> >> or in some instances as an  elected president. Ms. Suu Kyi never
> stood
> >> >> >for the
> >> >> >> election because she was not eligible to contest for  a  seat in
the
> >> >> >country's
> >> >> >> elections. It was not this present military government or the
> previous
> >> >> >> socialist government that refused Ms. Suu Kyi the right to stand
for
> >> >> >elections
> >> >> >> but ironically it was her own father, Myanmar national hero
> General Aung
> >> >> >San,
> >> >> >> who wrote into the original constitution, subsequently
promulgated in
> >> >> >1948, a
> >> >> >> clause which defines that "any person who is under any
> >> acknowledgement of
> >> >> >> allegiance or adherence to a foreign power, or is a subject or
> >> citizen  is
> >> >> >> entitled to the rights and privileges of a subject or citizen of a
> >> foreign
> >> >> >> power." Thus she is not entitled the eligibility to contest for  a
> >> seat in
> >> >> >> the country's elections. Ms. Suu Kyi resided abroad for twenty -
> eight
> >> >> years
> >> >> >> and married an Englishman (Giving her the rights to U.K.
citizenship)
> >> and
> >> >> >has
> >> >> >> 2 children both holding British citizenships. This present military
> >> >> >government
> >> >> >> has as all the previous successive Myanmar Governments to
continue in
> >> >> >> honouring this clause and the present national convention has also
> >> >> committed
> >> >> >> itself to continue in honouring the said clause. This  type of
> >> >> >constitutional
> >> >> >> condition is implemented by many  governments including those of
> >> developed
> >> >> >> nations. It is quite understandable that the Governments do not
> wish to
> >> >> have
> >> >> >> someone in office who could be unduly influenced by any other
> nation or
> >> >> >power.
> >> >> >> As a preventive measure certain rules and regulations to serve as a
> >> >> >mechanism
> >> >> >> in protecting the national security as well as the national
> interest of
> >> >> >> respective countries are universally practised.
> >> >> >>
> >> >> >
> >> >> >
> >> >> >
> >> >
> >> >
> >
> >