State Counsellor of Myanmar
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| State Counsellor of Myanmar | |
|---|---|
 | |
| Name | State Counsellor |
| Incumbent | Aung San Suu Kyi (first and only) |
| Appointer | Pyidaungsu Hluttaw |
| Formation | 6 April 2016 |
| Abolition | 1 February 2021 |
| Inaugural | Aung San Suu Kyi |
State Counsellor of Myanmar
The State Counsellor title was a political office created in Myanmar in 2016 to provide a de facto chief executive role for Aung San Suu Kyi after the 2015 Myanmar general election and the formation of the National League for Democracy administration under President Htin Kyaw and later Win Myint. The position linked the authority of the Pyidaungsu Hluttaw with the leadership of the National League for Democracy to navigate constraints imposed by the 2008 Constitution of Myanmar and the power of the Tatmadaw following decades of rule by the State Peace and Development Council and antecedent regimes. The creation, exercise, and abolition of the office were central to debates involving the Constitutional Tribunal of the Union, the Union Election Commission, and international actors such as the United Nations, Association of Southeast Asian Nations, and bilateral partners.
History and Creation
The office emerged from the aftermath of the 2010 Myanmar general election, the 2011 release of political prisoners including Aung San Suu Kyi, and the 2012 by-elections in Myanmar that reshaped ties between the National League for Democracy and the nominally civilian administration of Thein Sein. Following the decisive victory of the National League for Democracy in the 2015 Myanmar general election, conflicting provisions of the 2008 Constitution of Myanmar—notably the clause barring persons with foreign spouses from the presidency—prevented Aung San Suu Kyi from assuming the presidency despite mandates from the people of Myanmar and endorsements from the Union Parliament. The Pyidaungsu Hluttaw responded by drafting and passing the State Counsellor law, debated within the House of Representatives (Myanmar), the House of Nationalities, and scrutinized by advocates from Human Rights Watch, Amnesty International, and scholars from institutions such as the London School of Economics and Harvard Kennedy School.
Role and Responsibilities
The law defined the State Counsellor as an office to advise and coordinate policy across ministries including the Ministry of Foreign Affairs (Myanmar), the Ministry of Home Affairs (Myanmar), and the Ministry of Defence (Myanmar), interfacing with bodies such as the Union Election Commission and the Constitutional Tribunal of the Union. The post permitted convening meetings with leaders from the Pyithu Hluttaw, the Amyotha Hluttaw, and chairs of parliamentary committees, while liaising with international envoys from the United Nations Security Council, representatives of the European Union, and diplomats accredited from capitals including Washington, D.C., Beijing, and New Delhi. The office holder frequently coordinated with civil society organizations like the Free Burma Rangers and the Myanmar Nationalities Alliance for Equality and engaged with economic actors such as the Ministry of Planning and Finance (Myanmar), investors from Japan External Trade Organization, and trade delegations from the Association of Southeast Asian Nations.
Legal Status and Constitutional Issues
Legal scholars and jurists debated whether the State Counsellor statute was consistent with the 2008 Constitution of Myanmar, sparking submissions to the Supreme Court of Myanmar and commentary from the International Commission of Jurists and the Asia Pacific Centre for the Responsibility to Protect. Critics including members of the Union Solidarity and Development Party argued the law circumvented presidential eligibility rules and the prerogatives of the President of Myanmar enshrined in the constitution. Advocates referenced precedents from parliamentary systems such as the United Kingdom and constitutional interpretations advanced by academics at Oxford University and Yale Law School to justify functional necessity. The Tatmadaw maintained constitutional guardianship via reserved parliamentary seats and control of the Ministry of Defence (Myanmar), intensifying tensions over civilian oversight and legal authority.
Office Holders
The inaugural and only office holder was Aung San Suu Kyi, leader of the National League for Democracy, Nobel laureate recognized by the Nobel Committee, and former political prisoner associated with movements like the 88 Generation Students Group and events such as the 1988 Uprising. Her tenure involved interactions with leaders including Barack Obama, Xi Jinping, Theresa May, Angela Merkel, Narendra Modi, and regional counterparts such as Rodrigo Duterte and Joko Widodo. The office faced scrutiny during crises involving the Rohingya conflict, engagements with the International Court of Justice, and dialogues with humanitarian agencies like the International Committee of the Red Cross.
Office and Administration
The administrative apparatus supporting the State Counsellor drew staff from the President's Office (Myanmar), the Ministry of Foreign Affairs (Myanmar), and parliamentary secretariats including the Amyotha Hluttaw Office. Secretaries and advisers liaised with policy institutes such as the Institute of Southeast Asian Studies and international think tanks including the International Crisis Group and the Council on Foreign Relations. The post maintained working relationships with provincial bodies like the administrations in Rangoon Region, Kachin State, Shan State, and municipal entities in Yangon and Naypyidaw, coordinating development initiatives involving the Asian Development Bank, the World Bank, and foreign investors such as Mitsubishi Corporation.
Domestic and International Relations
Domestically, the State Counsellor mediated between ethnic armed organizations including the Karen National Union, the Kachin Independence Army, the United Wa State Army, and political entities like the National Unity Party and the Ethnic Nationalities Affairs Committee (ENAC). Internationally, the office conducted diplomacy with institutions such as the United Nations General Assembly, the International Monetary Fund, and bilateral partners represented by embassies in Naypyidaw. The office confronted sanctions regimes from governments including United States Department of the Treasury actions and engaged in negotiations with China and Russia over investment and security cooperation, while attending summits like the ASEAN Summit and the East Asia Summit.
Abolition and Aftermath
The office was effectively terminated following the 2021 Myanmar coup d'état staged by the Tatmadaw on 1 February 2021, the detention of Aung San Suu Kyi and Win Myint, and actions by the State Administration Council. Subsequent legal proceedings in tribunals and courts overseen by military authorities repealed or rendered moot prior statutes, as documented by observers from the United Nations Human Rights Council and reports by Human Rights Watch. The coup reshaped relations with international actors including the European Union, United States Department of State, and regional mediators such as Malaysia and Indonesia, prompting sanctions by agencies like the Office of Foreign Assets Control and diplomatic isolation that continues to influence the trajectory of Myanmar politics.