X. Conclusion
The ruling State Peace and Development Council was fearful of the social influence of monks and the power of Buddhism when the country’s long-awaited new constitution was put to a referendum in May 2008. Monks have traditionally been excluded from the formal political process in Burma, denied the right to vote, and prohibited from joining political parties, including from the 1947 constitution. The 1974 constitution made no special reference to Buddhism, but in the SPDC’s new charter, the wording of the 1947 constitution—which did include such a reference, was revived. Chapter VIII on “Citizenship, Fundamental Rights and Duties of Citizens” states:
361. The Union recognizes special position of Buddhism as the faith professed by the great majority of the citizens of the Union.
362. The Union also recognizes Christianity, Islam, Hinduism, and Animism as the religions existing in the Union at the day of the coming into operation of this Constitution.
363. The Union may assist and protect the religions it recognizes to its utmost.
364. The abuse of religion for political purposes is forbidden. Moreover, any act which is intended or is likely to promote feelings of hatred, enmity or discord between racial or religious communities or sects is contrary to this Constitution. A law may be promulgated to punish such activity.[184]
The full text of the constitution—which had taken a military-appointed assembly more than 10 years to draft—was released to the public just a month before the referendum was held on May 10, 2008.[185] Despite international criticism, the government went ahead with the vote even though Cyclone Nargis had hit only eight days earlier, huge areas in the Irrawaddy Delta were still underwater, and more than 130,000 people were dead or missing; the referendum was postponed only in the worst-affected areas of Irrawaddy and Rangoon Divisions. On May 15, the government announced that the turnout had been 99 percent and that 92.4 per cent of voters had approved the constitution. A second round of voting was held in the cyclone-devastated areas on May 24, giving a total approval rate of 92.48 percent.[186]
Apart from renewing constitutionally the importance of Buddhism, the new charter was designed to ensure the perpetuation of military rule. Chapter I, “Basic Principles of the Union,” states that the Burmese army, or Tatmadaw, will continue its central role in national politics: “enabling the Defense Services to be able to participate in the National political leadership role of the State.”[187]
The new constitution grants the military the right to appoint personnel from its ranks at all levels of the government and reserves one quarter of parliamentary seats for serving military officers.[188] It grants the chief of the defense services sweeping emergency powers:
If there arises or if there is sufficient reason for a state of emergency to arise that may disintegrate the Union or disintegrate national solidarity or that may cause the loss of sovereignty, due to acts or attempts to take over the sovereignty of the Union by insurgency, violence and wrongful forcible means, the President may, after co-coordinating with the National Defense and Security Council, promulgate an ordinance and declare a state of emergency. In the said ordinance, it shall be stated that the area where the state of emergency in operation is the entire Nation and the specified duration is one year from the day of promulgation.[189]
Such overbroad and ambiguous provisions for declaring a state of emergency provide the military an easy avenue for reasserting “lawful” control over any government of which it disapproves, effectively allowing coups.
It is unclear how the monks will react in the future to continued repression. The crackdown on the 2007 protests, massive prison sentences for many monks and nuns, the exile of others, and the constant surveillance of still others suggests that political activism by monks could be sharply curtailed. But given Burma’s history, it is unlikely that the challenge from the Sangha is over.
In the wake of political upheavals and natural disasters, a new breed of monk has emerged, represented by people like Ashin Nyanissara, better known as the Sitagu Sayadaw. In May 2008, the Sitagu International Buddhist Missionary Center, which he founded in 1980, began sending in emergency supplies to the affected areas in the delta by truck and on boats. Aid was also delivered to 1,344 monasteries in the delta to help them repair and rebuild what had been destroyed during the cyclone. The Wall Street Journal described him as someone who has eschewed “traditional asceticism in favor of tactics more familiar to televangelism. Wherever he goes, a camera crew follows, recording video material of him that is available on the streets of major cities.”[190] The New York Times quoted the sayadaw as saying: “Meditation cannot remove this disaster. Material support is very important now. In our country, spiritual and material support are very unbalanced.”[191]
The Sitagu Sayadaw took part in the 1988 pro-democracy uprising and openly criticized the military government. After the uprising was crushed, he fled to Nashville, Tennessee, where he studied world religions. He returned to Burma in the mid-1990s to set up a Buddhist academy in Sagaing. Since then, he has navigated a careful path between the pro-democracy movement and the military government. He has also reached out to Christian communities in Burma. The Wall Street Journal quoted a Burmese academic living in Thailand as saying: “If he ran for an election today, he would win.”[192]
Even if he is not political, the Sitagu Sayadaw has sought to deprive the junta of its self-professed monopoly on moral authority—and that is a serious challenge in military-ruled Burma. The military can control the activities of the NLD and similar political organizations. But the monks are likely to remain the most serious challenge to military rule in Burma because no government has ever been able to fully control them—as has been demonstrated time and again since independence in 1948. According to Kyaw Yin Hlaing, a native of Burma and Assistant Professor of Asian and International Studies at the City University of Hong Kong:
The political behavior of Buddhist monks has been fundamentally shaped by the socio-political character of the dajaka, or lay disciples, with whom they are associated. That a monk might support the current military regime does not mean that he does not understand the intensity of the nation’s discontent. A monk is likely to be an opponent of the state if most of his disciples are individuals with strong anti-state sentiments or citizens who are politically and economically worse off under the existing political system. Similarly, if a monk has senior government officials and supporters of the government as his lay disciples, he is more likely to act like a supporter of the state. The monk who has major dajaka both in the state and non-state sectors tries to appease both sides by participating in state-sponsored religious ceremonies and by expressing his support for democracy through private interaction with dajakas from the non-state sector.[193]
Even if the 2007 movement was crushed, U Kosalla believes that it had an impact on how many people think, and how the rest of the world perceives Burma:
The whole world got to know what the junta is prepared to do. And I think the protests have created a new generation of activists, both monks and laypeople. New political activists are needed, not just the 88-generation [students group]. We need a young generation that’s brave and politically conscious. Only then can there be a regime change. But I don’t know how! How should we continue our struggle? Now everything is quiet, but I think something is bound to happen before 2010.[194]
[184]Constitution of the Republic of the Union of Myanmar, Ministry of Information, Naypyidaw, September 2008, arts. 361-64. Copy on file with Human Rights Watch. For an analysis of the constitution see International Crisis Group, Myanmar: Towards the Elections, Asia Report no.174, August 20, 2009.
[185] Human Rights Watch, Vote to Nowhere. The May 2008 Constitutional Referendum in Burma, April 30, 2008 (http://www.hrw.org/en/reports/2008/04/30/vote-nowhere-0).
[186] “Myanmar ratifies and promulgates Constitution,” State Peace and Development Council Announcement No.7/2008, May 30, 2008.
[187] Constitution of Myanmar 2008, paragraph 6(f), p.3.
[188] Constitution of Myanmar 2008, paras. 109(b) and 141(b), pp.39 and 52.
[189] Constitution of Myanmar 2008, Chapter XI Provisions on State of Emergency, para 417, pp.167-68.
[190] “A New Breed of Monk Rises in Myanmar,” Wall Street Journal, August 19, 2008.
[191] “Monks Succeed in Cyclone Relief as Junta Falters,” The New York Times, May 31, 2008.
[192] “A New Breed of Monk Rises in Myanmar,” Wall Street Journal, 2008.
[193] Kyaw Yin Hlaing, “Challenging the Authoritarian State: Buddhist monks and Peaceful Protests in Burma,” Fletcher Forum of World Affairs, vol. 32, no.1, Winter 2008.
[194] Human Rights Watch interview with “U Kosalla,” Burma, July 2008.






