State Counsellor of Myanmar

State Counsellor of Myanmar
Post	State Counsellor
Body	Myanmar
Native name	နိုင်ငံတော်၏ အတိုင်ပင်ခံပုဂ္ဂိုလ်
Incumbent	Aung San Suu Kyi
Incumbentsince	6 April 2016
Department	Government of Myanmar
Style	Her Excellency
Member of	Cabinet of Myanmar
Reports to	Pyidaungsu Hluttaw
Seat	Naypyidaw
Appointer	Pyidaungsu Hluttaw
Termlength	Five years, renewable
Constituting instrument	State Counsellor Law
Formation	6 April 2016
First	Aung San Suu Kyi
Abolished	1 February 2021

State Counsellor of Myanmar was a senior executive position within the Government of Myanmar, created in 2016 for the National League for Democracy leader Aung San Suu Kyi. The office was established by a special act of the Pyidaungsu Hluttaw, Myanmar's national legislature, to circumvent constitutional provisions barring her from the presidency. It functioned as a de facto head of government until its abolition following the 2021 Myanmar coup d'état.

History and creation

The position was created on 6 April 2016 through the passage of the State Counsellor Law by the Pyidaungsu Hluttaw, which was dominated by the National League for Democracy following their landslide victory in the 2015 Myanmar general election. The move was a direct response to provisions in the 2008 Constitution of Myanmar, drafted under the former State Peace and Development Council military junta, which barred individuals with foreign-born children from the presidency. This clause specifically targeted Aung San Suu Kyi, whose two sons are British citizens. The law was championed by Win Myint, then Speaker of the Pyithu Hluttaw, and faced immediate legal challenges from the military-appointed Tatmadaw bloc in parliament, which argued it violated constitutional principles. Despite these objections from figures like Than Htay, the bill was passed, formalizing a role that granted Suu Kyi overarching authority across the executive branch.

Powers and responsibilities

The State Counsellor was empowered to contact any department, organization, or individual regarding matters of state and was given a broad mandate to oversee the work of the Cabinet of Myanmar and the Pyidaungsu Hluttaw. The officeholder served as a minister in both the President's office and the Ministry of Foreign Affairs, effectively coordinating all government policy. This made the State Counsellor the principal link between the presidency, the Union Government of Myanmar, and the legislature. The role also entailed representing the country at major international forums like the ASEAN Summit and the United Nations General Assembly, and leading key national initiatives such as the 21st Century Panglong Conference aimed at achieving peace with various ethnic armed organizations.

List of State Counsellors

Only one person ever held the office of State Counsellor. * Aung San Suu Kyi (6 April 2016 – 1 February 2021)

Relationship with other offices

The creation of the State Counsellor role established a unique power dynamic within Myanmar's political system, as outlined in the 2008 Constitution of Myanmar. While the President of Myanmar, at the time Htin Kyaw and later Win Myint, remained the constitutional head of state, the State Counsellor wielded de facto executive authority. This arrangement was often described as a "hybrid" or "shadow" presidency. The State Counsillor also held the posts of Minister of the President's Office and Minister of Foreign Affairs, further consolidating influence over the Union Government of Myanmar. The office reported to the Pyidaungsu Hluttaw but operated above other cabinet ministers, creating a direct channel of command that bypassed traditional bureaucratic hierarchies.

Controversies and international reaction

The office was internationally controversial from its inception. Domestically, the Tatmadaw and its political proxy, the Union Solidarity and Development Party, consistently argued the position was unconstitutional and a violation of the 2008 Constitution of Myanmar. Internationally, while initially welcomed by governments like the United States and the United Kingdom as a pragmatic solution for democratic leadership, the role became central to criticism of Aung San Suu Kyi's handling of the Rohingya conflict and the military crackdown in Rakhine State. Organizations such as Amnesty International and the United Nations Human Rights Council condemned her use of the office to defend the Tatmadaw's actions. This led to the revocation of numerous international awards, including the United States Holocaust Memorial Museum's Elie Wiesel Award, and damaged relations with former allies across the European Union.

Legal status and constitutional issues

The legal basis for the office was the standalone State Counsellor Law, which was deliberately crafted to exist outside the framework of the 2008 Constitution of Myanmar. This led to persistent constitutional crises and challenges from the Tatmadaw, which held significant reserved powers under the constitution. Military-appointed legislators, including Brigadier General Maung Maung, repeatedly submitted motions to repeal the law, arguing it created an unelected supra-presidential authority. The position was effectively nullified on 1 February 2021 following the 2021 Myanmar coup d'état, when the State Administration Council military junta detained Aung San Suu Kyi and declared the results of the 2020 Myanmar general election void. The office has no legal standing under the current military administration.

Category:Government of Myanmar Category:Defunct political offices in Myanmar Category:2016 establishments in Myanmar Category:2021 disestablishments in Myanmar