LEGAL PROBLEMS ON THE EFFORT TO DEMOCRATIZE THE UNION OF MYANMAR ACCORDING TO PROVISIONS OF THE CONSTITUTION OF THE REPUBLIC OF THE UNION OF MYANMAR OF 2008

Gomes Kwanmuang

Abstract

The objectives of this research were 1) to study the evolution of Myanmar politics and government system was from colonial period of the United Kingdom until the Constitution of the Republic of the Union of Myanmar 2008 2) To study the problem analysis of the provisions of the Constitution of the Republic of the Union of Myanmar 2008 3) To study the appropriate suggestions of the determinants and the interaction between the Thai government and the government of the Union of Myanmar including the right attitude of the mass media and academic in Thailand that should have towards the government of the Union of Myanmar and the condition of the political system. Myanmar’s governance existed the Constitution of the Republic of the Union of Myanmar 2008. The study showed that the problem of a major obstacle cannot make the Union of Myanmar a fully democratic country was politics and government system of Union of Myanmar. It faced what was called "Democracy traps". The researcher found that the democracy traps consisted of 2 traps; the integrity, stability and unity of the Union trap and the provisions of the Constitution of 2008 traps. The first trap occurred from the ethnic groups in Shan State, Kachin State and Chin State.They established "The insurgent groups launching armed rebellion" to be their owns for claiming to provoke the Right to Self-Determination of the ethnic groups. They have been fighting with the Myanmar Army continuously. For this reason, the military had a serious concern about the integrity, stability and unity of the Union. This result was the cause of a second trap. It was a trap on the provisions of the Constitution of the Republic of the Union of Myanmar of 2008 traps enacting enabling the Defense Service to be able to participate in the national political leadership role of the state and exercising the political power sharing with Legislative Branch and Executive Branch. It caused the election of the people of Myanmar. The provision of the Constitution of the Republic of the Union of Myanmar 2008 enact that the Defense Service Personnel was able to use political power with the legislation and management of the Union of Myanmar. The condition of Myanmar is classified as Hybrid Democracy Country.