It was not this present military government or the previous socialist government that refused Aung San Suu Kyi the right to stand for elections but ironically it was her own father, Myanmar's national hero General Aung San, who wrote into the original constitution, subsequently promulgated in 1948, a clause with the provision that "any person who is under any acknowledgement of allegiance or adherence to a foreign power, or a subject or citizen is entitled to the rights and privileges of a subject or citizen of a foreign power".

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There is no automatic entitlement under UK nationality law to British citizenship because of marriage to a British citizen. Suu Kyi could have applied for British citizenship, but never did.

Accordingly, she never owed allegiance to any foreign power, nor did she ever enjoy the rights and privileges of a British citizen. She has been a widow since March 1999 and has now lost her right to permanent residence in the UK because she has lived continuously in Myanmar since March 1988.

There would of course be absolutely no problem about her returning to live in the UK, but she would need to make a formal application. The British Embassies in Tokyo and Jakarta could no doubt confirm what I say. I am myself a former British Ambassador to Thailand.

Her exclusion from the 1990 Elections, when she was under restricted residence as she is today, had no justification. It was confirmed by the District Court in Yangon after the Lower Court had ruled in her favour following a complaint by her National Unity Party (pro-military) opponent.

At the time the British Embassy in Yangon confirmed the facts about Suu Kyi's UK status in formal Diplomatic Notes to the Burmese authorities. Her status was only that of an alien with permission to live in Britain (known as ILR or "Indefinite Leave to Remain").

This status excluded her from enjoyment of a wide range of rights and privileges enjoyed by British citizens, including for example voting, candidacy in elections, employment in government departments and the armed forces, jury service and British consular protection when overseas.

The clause attributed to her father (which appears in the 1947, 1974 and 2008 Constitutions and in the 1989 Electoral law which is still in force) was in 1947/1948 primarily concerned with citizens of Indian origin who had not taken or acquired Burmese nationality as well as Anglo-Burmese who possessed British nationality.

In any case, I should be very surprised if Suu Kyi would wish to stand in the 2010 Elections unless the 2008 Constitution is revised, some 2,100 political prisoners released and some recognition given to her Party's success in the 1990 Elections. I don't expect this to happen.

Derek Tonkin
Guildford UK

I am writing to response to a guy called Myint Lwin (the writer of the letter) from Tokyo, who has zero knowledge about the constitutions and the modern political culture.

Tonkin is correct that Daw Aung San Suu Kyi has never ever applied for the citizenship of the United Kingdom. With respect to the constitution, there has been no written constitution in Israel, New Zealand and the UK, but those nation-states are running and systematically well-functioning.

Myint Lwin, why didn't you conduct your research before you drop such fallacies on the paper? Think about how many states' have been amending their respected constitutions in line with present needs and essential in order to modernize and civilize.

A so-called constitution is written and approved by handpicked, uneducated people who just say "Yes sir" to Orwellian generals while millions of people have been suffering under the Nargis Cyclone in 2008.

Daw Aung San Suu Kyi is someone who is the only gifted leader and who can save Burma/Myanmar from the Orwellian junta in that has been hegemonized by thuggish uneducated generals since 1962.

Generals in Burma/Myanmar have zero understanding about modern economic and political theories. As a result, the country has been one of the poorest countries in the earth. The people of Burma/Myanmar have been working for US$8 a month while uneducated generals have been digging tunnels that approximately cost $9.9 billion.

In sum, that 2008 constitution should be thrown into the rubbish bin, shame on your guys' lack of morality and sincerity in this civilized globalization world. Let's Free Daw Suu and the people of Burma if you guys are modern civilized men. May all the people of Burma be free and peaceful.

Naing Koko
Yangon

The 1948 Constitution stated: "No person shall be eligible for election to the office of President unless he is a citizen of the Union who was, or both of whose parents were, born in any of the territories included within the Union." Aung San Suu Kyi's parents were both Burmese. She was born in Burma and she is still a Burmese citizen. Therefore she can be President of Burma, as stated in the Constitution.

John Moe
Indonesia

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