Similar to the Thai constitution, Myanmar's supreme law entrenches the military in legislative and administrative power. It stands as a key obstacle to the country's full democratic transition.
A recent proposal by Myanmar's ruling party, the National League for Democracy (NLD), for charter change is thus a much-needed move to drive the country towards real democracy.
On Tuesday, Myanmar's parliament passed a motion to discuss forming a committee to amend the 2008 military-enacted constitution. The military representatives, who hold 25% of legislative seats, boycotted the motion.
But the task lying ahead is challenging. The military has made it difficult for the charter to be amended.
In addition to giving itself a 25% quota of parliamentary seats and control over security ministerial portfolios, the "military's charter" also grants the armed forces power to block any bid for changes. Any constitutional amendment requires approval by more than 75% of lawmakers in parliament. That means, it needs the backing of some military legislators.
The NLD, which has a majority in parliament, included changing the charter in its 2015 election manifesto. Since coming to power, the ruling party has carefully cultivated its power-sharing relationship with the military and has not fulfilled this pledge. The January 2017 assassination of U Ko Ni, an NLD legal adviser and a proponent of constitutional reform, was seen as a warning to the party to refrain from pushing for changes.
Constitution change has thus become a contentious issue. With waning support, as shown by losses in by-elections last November, the NLD may have pushed constitution change forward in order to regain support from the electorate ahead of a general election next year.
Apart from the military quota in parliament, the NLD may plan to amend provisions that bar its de facto leader Aung San Suu Kyi from the presidency because her sons are foreign citizens.
No matter what agenda the NLD has, constitutional change is important for both Ms Suu Kyi and the people of Myanmar, who have lived under heavy-handed military or military-backed rule for more than five decades.
Without charter amendments, this fragile power-sharing mechanism will remain a key barrier for future civilian governments, which will have no control over home and defence matters. The military itself has remained ruthless without being held accountable as was evident in its 2017 violent crackdown on Rohingya Muslims in Rakhine state.
The latest legislative push in Myanmar should remind Thais that the country's roadmap to democracy, following a March 24 general election, will be bogged down by similar constitutional constraints.
The Thai constitution, written by military-appointed drafters, will maintain the power of the National Council for Peace and Order (NCPO), during the five-year transition period.
The NCPO will handpick all 250 senators who are granted unprecedented power to join a parliamentary vote to select a prime minister.
The charter also maintains the legality of all NCPO orders and notifications, a contentious issue that many political parties want to eliminate.
Like its Myanmar counterpart, the Thai regime has made charter change an uphill task for lawmakers. Any amendment requires support from one-third of the senators, among other conditions. But that should not discourage future lawmakers from pushing for constitutional change.
