Putschist President Announces 43 Changes to Myanmar’s Constitution

Myanmar coup leader Min Aung Hlaing listed 43 proposed amendments to the 2008 Constitution on Tuesday, in a message to the rubber-stamp Union Parliament.

The parliament—dominated by the military’s proxy Union Solidarity and Development Party (USDP)—formally recorded receipt of the message but did not disclose the draft amendments or when they would be debated.

“We don’t yet know how they will amend it. Presumably they will explain this later, as any changes must be debated and approved in parliament,” one lawmaker told The Irrawaddy on condition of anonymity.

During events to mark the 10th anniversary of the Nationwide Ceasefire Agreement (NCA) last October, Min Aung Hlaing claimed the junta’s peace commission and stakeholders had agreed on 43 points to be amended. Political parties have cited the same figure.

The putschist president’s note to parliament divided the amendments into two categories:

Amendments to fundamental provisions to be made under Article 436 (a)—including Articles 4, 5, 8, 11(a), 19(a), 20(a), 22(d), 23(c), 27, 30, 53(a), 59(c) and (d), 106(a) and (b), and 248(c)—require approval by more than 75 percent of MPs and a nationwide referendum with support from at least half of all eligible voters.

Other provisions to be amended under Article 436 (b)—including Articles 64, 134(a)(b), 188(a), 232(a), 235(b), 239(a), 244(a), 245(b), 250, 261 (a), 286(a), 288(a)(b), 322(b)(h), 331, 335, 342, 373, 401(a), 402, 403, 403(a), and related schedules—require only a 75 percent parliamentary majority. In a legislature dominated by military MPs and the USDP, these can be passed more easily. The military-drafted 2008 Constitution grants 25 percent of seats in the national and sub-national parliaments to unelected military MPs.

Leaked reports suggest the regime intends to extend restrictions in Article 59(f)—which bars jailed civilian leader Daw Aung San Suu Kyi from the presidency because of her foreign family ties—to cover Union ministers and state/region chief ministers. Military‑appointed lawmakers attempted the same move in 2019.

The regime also reportedly intends to extend the terms of Constitutional Tribunal and Union Election Commission (UEC) from five years to 10 years. It will also amend the constitution to allow the UEC’s decisions to be appealed at the Supreme Court.

Other proposed amendments include permitting states and regions to draft their own constitutions, provided they do not contravene the Union charter, and direct election of district administrators by public vote.

Notably absent from the 43 points is a demand by ethnic parties to revoke the President’s authority to appoint state and region chief ministers, and instead let local legislatures vote for their own chief ministers.

The 43 points also cover Article 342, which empowers the President to appoint the Commander‑in‑Chief at the recommendation of the National Defense and Security Council. The proposed change merely clarifies that the appointment must occur “when the post falls vacant.”

The 43 points stem from negotiations between the military’s NCA negotiation body, participating ethnic armed organizations, and political parties. Parties had submitted more than 200 amendment proposals, but only 43 were accepted under an agreement dubbed the Union Accord.