7-Step Roadmap (Step 5): Holding of free and fair elections for Pyithu Hluttaws (Legislative bodies) according to the new constitution (news and commentary)
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(unofficial translation)...
"On 8 March 2010, the State Peace and Development Council announced the Union Election
Commission Law, Political Parties Registration Law, Pyithu Hluttaw (Lower House)) Election
Law, the Amyotha Hluttaw ((Upper House)) Election Law, and the Region or State Hluttaw
Election Law.
If these laws are studied, it becomes clearly evident that they are against democratic practices and there
is nothing fair, free, about them. Some key examples to cite here are:..."
Source/publisher:
National League for Democracy (NLD)
Date of publication:
2010-03-23
Date of entry/update:
2010-03-26
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NLD Statements (English) 2010, 7-Step Roadmap (Step 5): Holding of free and fair elections for Pyithu Hluttaws (Legislative bodies) according to the new constitution (news and commentary)
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Source/publisher:
Mizzima
Date of publication:
2010-03-09
Date of entry/update:
2010-03-18
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The new Constitution seeks to justify a military role in politics, but unless things improve after the election, it will be at best a temporary extension of a failed political experiment...
"In a vibrant region that has achieved significant economic development in recent decades, Burma could have done better, at least economically. It has not.
After two military coups and three constitutions—the latest of which has yet to be implemented—since achieving independence in 1948, Burma remains poor and underdeveloped, despite being rich in natural resources. Peace and prosperity have eluded the country, and it remains isolated from the mainstream of the international community.
Since 1962, successive military governments have experimented with socialism and a semi-market economy. But they have yet to find a polity that will provide them with the system they seek—a semblance of civilian rule, a dose of democracy, a robust market economy and military dominance.
Now, however, the military believes that it has found its Holy Grail in the 2008 Constitution.
Almost all Burmese political groups, both inside the country and in exile, oppose the Constitution and the way it was conceived, developed and ratified. The people are also skeptical—few expect the Constitution or the coming election to improve their lives.
But at the same time, many still nurture some hope of change for the better. However much opposition groups decry the entire process as a sham, some people will try to take advantage of any opening the new polity may offer, if only because they think it is the only game in town..."
Aung Naing Oo
Source/publisher:
"The Irrawaddy" Vol. 18, No. 3
Date of publication:
2010-02-28
Date of entry/update:
2010-03-13
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"General Than Shwe, the leader of Myanmar?s military junta, recently confirmed that parliamentary elections will be held this year (2010). While no date has been set it seems likely that voting will take place in late spring or early summer.1 Although elections are generally a cause for optimism, voting in Myanmar poses many dangers. Two thirds of Myanmar?s population consists of ethnic Burmese with the other third consisting of 6 major ethnic groups and 135 ethnic subgroups. As a result of this ethnic diversity the country has been embroiled in ethnic conflict since the 1960s. Myanmar has numerous ceasefire groups, ethnic groups which signed ceasefire agreements with the junta in the 1980s and 90s, the majority of which have not been engaged in armed combat for several decades. Their goals have ranged from greater autonomy to independence. With the possibility of regime change looming, there is a chance, that these groups will renege on ceasefire agreements and take up arms in the hope of gaining influence and power should the military junta be defeated. More real is the danger that the junta will engage the groups militarily in order to quell any potential opposition in the forthcoming elections. This paper argues that while the elections present many dangers for the ceasefire groups, the extent of the peril very much depends on their size and strength. The dangers posed by the elections are likely to be the greatest for the larger ceasefire groups but these groups also have the greatest bargaining power and thus the possibility to achieve the greatest gains..."
Anna Louise Strachan
Source/publisher:
Centre for Security Analysis
Date of publication:
2010-01-31
Date of entry/update:
2010-03-06
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Burma?s rulers will continue to lean heavily on the judiciary to impose their vision of a ?discipline-flourishing democracy?...
"After decades of military rule, many Burmese are no longer aware that their country had one of the most progressive judicial systems in the region after independence in 1948. Judges had secure salaries and could only be removed for misbehavior or incapacity. The courts were not afraid to challenge the executive, and the Supreme Court proclaimed that the 1947 Constitution should be interpreted in a ?liberal and comprehensive spirit.? Even at the height of insurgencies against Rangoon in the late 1940s, the Supreme Court ordered police to release men who had been detained illegally.
ILLUSTRATION: HARN LAY/THE IRRAWADDY
The slide from a judiciary with integrity to its present role as defender of the military began when the late Gen Ne Win seized power and imprisoned Chief Justice Myint Thein for six years—longer than he imprisoned former Prime Minister U Nu. When Ne Win drafted the 1974 Constitution, he removed any remaining separation between the judiciary and the government. He packed the Council of People?s Justice, which replaced the Supreme Court, with members of the Burma Socialist Programme Party. The Constitution required the court to ?protect the socialist system? rather than the rights of Burmese citizens.
Although the military revived the Supreme Court in 1988, Human Rights Watch maintains that judges still ?serve at the whim of the SPDC and must follow the directives of the military.?..."
Arnold Corso
Source/publisher:
"The Irrawaddy" Vol. 17, No. 8
Date of publication:
2009-10-31
Date of entry/update:
2010-02-28
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7-Step Roadmap (Step 5): Holding of free and fair elections for Pyithu Hluttaws (Legislative bodies) according to the new constitution (news and commentary), National and State constitutions, draft constitutions and amendments (commentary), Political prisoners and other violations in Burma - reports
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The legitimacy of the 2010 election rests on more than just the release of political prisoners and allowing the opposition to participate...
"Burma?s ruling junta has recently been under pressure by a skeptical international community to verify its claims that it has put into place ?free and fair? conditions for next year?s election.
The baseline indicators of a credible electoral process, observers say, are: the release of all political prisoners, including the pro-democracy leader Aung San Suu Kyi; and allowing all stakeholders to participate in the election.
Residents of Mandalay cast their votes in the constitutional referendum on May 10, 2008.
At the UN General Assembly in New York in September, Secretary-General Ban Ki-moon made clear to Burma?s Prime Minister Gen Thein Sein that the onus was on the Burmese government to create the necessary conditions for credible and inclusive elections and to initiate a dialogue with the opposition.
While the urgency of the country?s political reconciliation has long been a first priority, few Burma watchers have to date raised concerns on a number of critical issues related to the election process that can directly affect the environment of a free and fair election.
For example, in a meeting with Thailand?s Prime Minister Abhisit Vejjajiva on the sidelines of the Asean summit earlier this year, Thein Sein said that the regime will allow UN officials and developing countries to observe the general election.
But to ensure a free and fair election, the existence of independent foreign election monitors must be in place across the country at the outset of the election campaign period.
Because the borderline between campaigning and manipulating is often murky in elections, and bearing in mind the natural partisanship, it is essential to introduce a checklist of criteria that are key to bringing about a free and fair election..."
Htet Aung
Source/publisher:
"The Irrawaddy" Vol. 17, No. 8
Date of publication:
2009-10-31
Date of entry/update:
2010-02-28
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Burma has produced a bewildering assortment of political parties over the past century, but most have been short-lived...
"Throughout Burma?s modern history, political parties have come and gone. Some have split up and formed new organizations or alliances; others have simply vanished. None has outlived the era that produced it.
Since the first modern election was held under British rule in 1922, Burma has undergone numerous political transformations, each one dominated by a different cast of leaders representing a complex array of interests. Many commentators have pointed to the sheer diversity of political forces in Burma as a source of weakness, but the real tragedy has been the lack of continuity in the country?s political evolution.
An NLD worker campaigns during the 1990 election.
No political party in Burma has ever survived more than a few elections, partly due to infighting and internal dynamics, but mostly because of external factors: British colonial interference, World War II and, worst of all, nearly half a century of military rule..."
Kay Latt
Source/publisher:
"The Irrawaddy" Vol. 17, No. 8
Date of publication:
2009-10-31
Date of entry/update:
2010-02-28
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What can the international community and the opposition do to ensure that next year?s election puts Burma on the road to genuine political reform?...
"Burma?s ruling junta has yet to disclose its plans for next year?s election, but it?s not too early to start asking if there is a chance, however remote, that the generals will allow the vote to be free and fair, and what can be done to make this happen..."
Kyaw Zwa Moe
Source/publisher:
"The Irrawaddy" Vol. 17, No. 8
Date of publication:
2009-10-31
Date of entry/update:
2010-02-28
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"Burma?s opposition leader, Aung San Suu Kyi, has stated that Burma?s severe
restrictions on free expression and access to information will compromise any
attempt to hold free and fair elections later this year.
Suu Kyi, who remains under house arrest in Rangoon, was speaking this week
through her lawyer, Nyan Win. She said that she was unwilling to engage in the
election process because the rights to freedom of expression, freedom of information
and freedom of association are consistently denied to Burmese citizens.
According to Nyan Win: ?If there is no freedom of information and freedom of
expression, there will be no free and fair election?, Aung San Suu Kyi said. The basic
requirements like freedom of press, speech and campaigning, and also free and fair
election[s] will be needed if she has to decide whether or not to contest in election.?”..."
Source/publisher:
Article 19
Date of publication:
2010-02-11
Date of entry/update:
2010-02-17
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"...Planning this year to hold its first national and local elections since 1990, the
Myanmar government has prepared itself in many ways, including, as Amnesty
International?s findings indicate, by repressing ethnic minority political opponents
and activists. While these human rights violations certainly preceded the February
2008 announcement that elections would be held—as the late 2007 crackdown on
the Saffron Revolution showed—the coming elections have given the government
new resolve in repressing political dissent in all of Myanmar?s seven ethnic minority
states and among its ethnic minority peoples. This repression has included
arbitrary arrests and detention; torture and other cruel, inhuman, or degrading
treatment; unfair trials; rape; extrajudicial killings; forced labour; violations of
freedom of expression, assembly, association, and religion; intimidation and
harassment; and discrimination. This repression of political opponents and activists
has also run completely contrary to the Myanmar government?s repeated claims
since 2004, to be embarking and continuing on a Roadmap to Democracy? and
increasing the level of political participation in the country. With almost no
exception, authorities and officials have enjoyed impunity for their violations.
The repression of political opponents and activists has resulted in the violation of
ethnic minorities? human rights, and the violation of international human rights and
humanitarian law: Myanmar is bound by its legal obligations under the Conventions
on the Rights of the Child and on the Elimination of All Forms of Discrimination
against Women; the 1949 Geneva Conventions; and customary international law. It
is also obliged, as a member of the United Nations and the Association of Southeast
Asian Nations (ASEAN), to uphold the provisions of both the Universal Declaration
of Human Rights and the ASEAN Charter..."
Source/publisher:
Amnesty International
Date of publication:
2010-02-16
Date of entry/update:
2010-02-16
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7-Step Roadmap (Step 5): Holding of free and fair elections for Pyithu Hluttaws (Legislative bodies) according to the new constitution (news and commentary), Various rights: reports of violations against several ethnic groups
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"Intelligence officers who were active under former spy chief Gen Khin Nyunt say that the Burmese regime has been recruiting undercover police agents and informers to infiltrate dissident and opposition groups ahead of the 2010 election..."
Source/publisher:
"The Irrawaddy" Vol. 17, No. 5
Date of publication:
2009-07-31
Date of entry/update:
2009-12-26
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Executive Summary: "The bizarre prosecution and conviction of opposition leader and Nobel Peace laureate Aung San Suu Kyi for violating her house arrest has returned attention to repression in Myanmar, as preparations were underway for the first national elections in twenty years, now scheduled for 2010. This further undermined what little credibility the exercise may have had, especially when based on a constitution that institutionalises the militaryâ�" a number of prominent regime opponents have been arrested and sentenced to prison terms over the last year â�" the constitution and elections together will fundamentally change the political landscape in a way the government may not be able to control. Senior Generals Than Shwe and Maung Aye may soon step down or move to ceremonial roles, making way for a younger military generation. All stakeholders should be alert to opportunities that may arise to push the new government toward reform and reconciliation.
At first glance, the obstacles to change seem overÃÂwhelming. The 2008 constitution entrenches military power by reserving substantial blocs of seats in the national and local legislatures for the army, creating a strong new national defence and security council and vesting extraordinary powers in the commander-in-chief. It prevents Aung San Suu Kyi from standing for president, even if she were not imprisoned. It is extremely difficult to amend. And while not all regulations relating to the administration of the elections have been anÃÂnounced, they are unlikely to offer much room for manoevre to opposition parties.
But the elections are significant because the controversial constitution on which they are based involves a complete reconfiguration of the political structure â�" establishing a presidential system of government with a bicameral legislature as well as fourteen regional governments and assemblies â�" the most wide-ranging shake-up in a generation. The change will not inevitably be for the better, but it offers an opportunity to influence the future direction of the country. Ultimately, even assuming that the intention of the regime is to consolidate military rule rather than begin a transition away from it, such processes often lead in unexpected directions.
This report looks at the elections in the context of MyanÃÂmarâ�â¢s constitutional history. It examines key provisions of the 2008 constitution and shows how many of the controversial articles were simply taken from its 1947 or 1974 predecessors. Noteworthy new provisions include strict requirements on presidential candidates, the establishment of state/regional legislatures and governments, the reservation of legislative seats for the military, military control of key security ministries, the authority granted to the military to administer its own affairs (in particular military justice) and the creation of a constitutional tribunal.
Criticism of the constitution from groups within MyanÃÂmar has focused on military control, ethnic autonomy, qualifications for political office, and the very difficult amendment procedures. The main reaction of the populace to it and the forthcoming elections is indifference, rooted in a belief that nothing much will change. Some of the so-called ceasefire groups â�" ethnic minorities that have ended their conflicts with the government â�" are endorsing ethnic political parties that will take part in the polls. These groups take a negative view of the constitution but feel that there may be some limited opening of political space, particularly at the regional level, and that they should position themselves to take advantage of this. There are increased tensions, however, as the regime is pushing these groups to transform into border guard forces partially under the command of the national army.
The National League for Democracy (NLD), winner of the 1990 elections, has said it will only take part if the constitution is changed, and it is given the freedom to organise. Assuming this will not happen, it is not yet clear if it will call for a complete boycott in an attempt to deny the elections legitimacy or urge its supporters to vote for other candidates. A boycott could play into the hands of the military government, since it would not prevent the election from going ahead and would mainly deprive non-government candidates of votes, potentially narrowing the range of voices in future legislatures.
The Myanmar authorities must make the electoral process more credible. Aung San Suu Kyi and all other political prisoners must be released now and allowed to participate fully in the electoral process; politically-motivated arrests must cease. It also critical that key electoral legislation be promulgated as soon as possible, in a way that allows parties to register without undue restriction, gives space for canvassing activities and ensures transparent counting of votes.
The international community, including Myanmarâ�â¢s ASEAN neighbours, must continue to press for these measures while looking for opportunities that the elections may bring. This will require a pragmatic and nuanced strategy towards the new government at the very time, following a deeply flawed electoral process, when pressure will be greatest for a tough stance. The new Myanmar government, whatever its policies, will not be capable of reversing overnight a culture of impunity and decades of abuses and political restrictions. But following the elections, the international community must be ready to respond to any incremental positive steps in a calibrated and timely fashion. To have any hope of inducing a reform course, it is critical to find ways to communicate unambiguously that a renormalisation of external relations is possible..."
Source/publisher:
International Crisis Group (Asia Report Nð174)
Date of publication:
2009-08-20
Date of entry/update:
2009-08-24
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National and State constitutions, draft constitutions and amendments (commentary), 7-Step Roadmap (Step 5): Holding of free and fair elections for Pyithu Hluttaws (Legislative bodies) according to the new constitution (news and commentary), Dialogue/reform/transition in Burma/Myanmar - analyses and statements
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Is the election
promised for next
year the best
opportunity for
change in Burma,
or a cynical attempt
by the military to
hold onto power?
Maung Zarni
Source/publisher:
"The World Today" Vol. 65, No. 7 (Chatham House)
Date of publication:
2009-06-30
Date of entry/update:
2009-07-08
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• Burma?s State Peace and Development Council?s (SPDC?s) preparations to
ensure full control over the 2010 election is fueling instability, with
consequences that will dramatically intensify the cross-border economic and
security issues already adversely affecting the region.
• The expected outcome of Daw Aung San Suu Kyi?s trial, coupled with lengthy
jail terms imposed on about 300 activists in the past year, will exclude the
most viable pro-democracy opposition candidates from the electoral process.
• This has destroyed hopes that the 2010 elections, despite its obvious flaws,
would somehow lead to incremental steps towards democratization and
urgently-needed reforms. Those who have grudgingly accepted the 2010
elections will now be pressed to choose between resistance and surrender.
• The SPDC?s recent ultimatum to key ethnic ceasefire groups to surrender
control of their forces and participate in the elections is expected to provoke
a resumption of armed conflict.
• Growing political and military tensions between the junta and ethnic groups
and continued aggression against ethnic civilians is projected to create new
waves of refugees flooding over Burma?s borders.
• Migrants are being pushed back into Burma because of job losses caused by
the global economic crisis. This will be another factor in increasing domestic
unrest. A significant number will be vulnerable to recruitment as soldiers by
the SPDC Army, its proxies, and ethnic resistance groups.
• Reduced remittances from overseas workers have intensified the rapidly
deteriorating economic situation. This, along with the SPDC?s failure to
address economic woes, is likely to trigger renewed social unrest.
• The regime?s violent response to these developments will likely devastate
Burma?s fragile stability and intensify cross-border impacts on neighbors
already reeling from the impacts of the global economic crisis.
• Meanwhile, the 2010 elections are likely to widen the gap between SPDC
Army?s top officers and the rank and file. Once appointed to the Parliament,
high-ranking military officers will gain additional influence, power, and
money-making opportunities. By contrast, the SPDC Army?s rank and file will
remain in their miserable and increasingly deteriorating situation.
• It is imperative that regional and global political pressure be generated and
focused on ensuring that the regime engages in a durable solution that will
avoid such destruction. First steps towards the solution will involve the
release of all political prisoners including Daw Aung San Suu Kyi who
commands broad trust and respect across key stakeholder groups, an
inclusive review of the 2008 Constitution, and measures to guarantee that a
subsequent electoral process will be free and fair.
Source/publisher:
ALTSEAN-Burma
Date of publication:
2009-05-30
Date of entry/update:
2009-06-01
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Article about the 2010 elections on page 7
Pauk Sa
Source/publisher:
"The New Light of Myanmar"
Date of publication:
2008-07-06
Date of entry/update:
2009-05-17
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"Regional commanders from the Burmese military government met the leaders of several ceasefire groups on Tuesday for talks that likely centered on the groups? participation in the 2010 election, according to sources at the Sino-Burmese border.
Speaking to The Irrawaddy on Tuesday, the vice-chairman of the Kachin Independence Organization (KIO), Gauri Zau Seng, confirmed that 10 KIO representatives, including Chairman Lanyaw Zawng Hra, had met with Brig-Gen Soe Win of Northern Regional Military Command..."
Min Lwin
Source/publisher:
"The Irrawaddy"
Date of publication:
2009-04-29
Date of entry/update:
2009-05-17
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"The inclusion of the Karen National Union (KNU) in the 2010 national election appears to be a key motive behind the proposed cease-fire talks between the rebel group and the Burmese junta, according to analysts..."
Saw Yan Naing
Source/publisher:
"The Irrawaddy"
Date of publication:
2009-04-09
Date of entry/update:
2009-05-17
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"Key members of Burma?s main political opposition party, the National League for Democracy, have gathered in Rangoon??with little harassment from the regime??to discuss the 2010 election issue.
The two-day gathering produced a statement read by party chairman Aung Shwe, outlining the party"inclusive" political process in the country?s first nationwide election since 1990..."
WAI MOE
Source/publisher:
"The Irrawaddy"
Date of publication:
2009-04-29
Date of entry/update:
2009-05-17
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"Burma?s opposition National League for Democracy has set three conditions for participation in the 2010 general election - the unconditional release of all political prisoners, amendment of any provisions in the 2008 constitution "not in accord with the democratic principles" and an all-inclusive free and fair poll under international supervision..."
WAI MOE
Source/publisher:
"The Irrawaddy"
Date of publication:
2009-04-30
Date of entry/update:
2009-05-17
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"If Burma?s upcoming election in 2010 is free and fair, it can be predicted with certainty that the National League for Democracy (NLD) of Aung San Suu Kyi will win with no less than the 82 percent of the votes it secured in the 1990 poll..."
Kyaw Zwa Moe
Source/publisher:
"The Irrawaddy"
Date of publication:
2009-04-24
Date of entry/update:
2009-05-17
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As the 2010 election approaches, Burma?s ethnic armies are becoming restless...
"OVER the past decade, a patchwork of ceasefire agreements, if not actual peace, has reigned over most of Burma?s ethnic hinterland. Of the many ethnic insurgent armies that once battled the Burmese regime, only a handful are still waging active military campaigns. The rest remain armed, but have shown little appetite for renewed fighting - so far.
With an election planned for sometime next year, however, the status quo is looking increasingly unsustainable. The junta is pushing its erstwhile adversaries to form parties and field candidates, and while some have unenthusiastically complied, others have begun to chafe at the persistent pressure..."
Source/publisher:
"The Irrawaddy" Vol. 17, No. 2
Date of publication:
2009-03-31
Date of entry/update:
2009-04-02
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The 7-Step Roadmap, Armed conflict and peace-building in Burma - theoretical, strategic and general, 7-Step Roadmap - general articles and reports, 7-Step Roadmap (Step 5): Holding of free and fair elections for Pyithu Hluttaws (Legislative bodies) according to the new constitution (news and commentary)
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