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Did U Aung San make this law? (r)
- Subject: Did U Aung San make this law? (r)
- From: lintner@xxxxxxxxxxxx
- Date: Tue, 21 Oct 1997 01:20:00
Dear Ko Hla Min,
Just to clarify the matter. Chapter V: 49 of Burma's first constitution
states that "No person shall be eligible for the election to the office
of the President unless he (i) is a citizen of the Union who was, or
both of whose parents, were born in any of the territories included
within the Union, and (ii) is qualified for election to the Union
Parliament." This was clearly aimed at keeping Inod-Burmese and Sino-
Burmese, whose parents were often not born in Burma, out of the office.
The law says nothing about spouses. Please note that U Ne Win, while
President of the Union, married June Rose Bellamy, a British citizen,
and this did not disqualify him from the position as President.
Further, V: (ii) refers to Chapter VI:74 (i) of the same constitution
and you have quoted it correctly, and, as you may see for yourself, it
says nothing about spouses. Being married to a foreigner does not under
international law mean that person "is under acknowledgment of
allegiance or adherence to a foreign power, or is a subject or citizen
or is entitled to the rights and privileges of a subject or citizen of a
foreign power is not eligible to contest for a seat in the country's
elections." In this particular case, why don't you ask the British
embassy in Rangoon if Daw Suu's marriage to a British citizen entitles
her to those priveleges you mention?
> Re: Did U Aung San make this law?
> (By - Dr. Kyaw May (B.A.BL) Bangkok).
> There is no such law? Come on Bert.
> B. Linter stated in the Burma net that Chapter V. 49, this law was not
> aimed at people married to foreigners, but against the Indo-Burmese and
> Sino-Burmese communities in Burma which at that time (late 1940) were very
> powerful in both politics and commerce. The law said nothing about spources.
> Which he is obviously referring to Aung San Su Kyi. Litner seems to have
> deliberately ignored or as usual misquoted the law.
> In the original Independent Constitution which was promulgated in 1948 by
> General Aung San there includes a clause which prevents his daughter Mrs. M.
> Aris the right to stand for elections in Myanmar. The Law said as follows,
> "---any person who is under acknowledgment of allegiance or adherence to a
> foreign power, or is a subject or citizen or is entitled to the rights and
> privileges of a subject or citizen of a foreign power is not eligible to
> contest for a seat in the country's elections. She has resided abroad for 28
> years and her marriage to an Englishman gave her the rights to a U.K
> citizenship and more over her two sons are British citizens.