1 February 2023
The duration of the state of emergency declared in the entire country by a six month period each time has been extended by the National Defence and Security Council as of 1 February, 2023, according to the State Administration Council.
In accordance with section 425 of the Constitution, “The period during which the State of Emergency declared for the entire country has been extended for another 6 months from February 1, 2023” and according to section 419 of the Constitution, all the responsibilities of the State have been handed over to the “Chairman of the State Administration Council and the Commander-in-Chief of the Defence Services”. The “National Defence and Security Council” will also issue a statement, Pro Tem President U Myint Swe said at the NDSC meeting held on 31 January.
The Senior General said that according to section 425 of the Constitution, it is normally possible to allow six months twice, but the current time is not a normal time, so I think it should be extended at least once every 6 months. After 6 months, the situation of the state will be presented again.
After the report by the Senior General, the members of NDSC decided to extend state of emergency for another six months.
Dr. Thida Oo, the Union Minister for Legal Affairs and Attorney General of the Union, who was specially invited, in discussing the legal aspect, said that it can be extended twice up to 6 months if it is normal. When we look at the situations where the term “normal” is used as described in the Constitution, it is now an unusual situation.
Pro Tem President U Myint Swe said that in order to ensure that all ethnic brothers and sisters throughout the country do not lose their democratic rights, in the next election, a free and fair multi-party democratic general election can be held successfully everywhere and an electoral system in which all ethnic groups can be proportionally represented is being implemented.
Constitutional Tribunal of Union gave Pro Tem President U Myint Swe opinion that extension of duration of state of emergency in the entire country is constitutional.
