Burmas Transition: from Ma-Sa-La to Ma-Da-La

Burma in the Era of the Burmese Way to Democracy

Burma Independence Advocates London.

8 August 2012

On 8th August 1988, the people of Burma collectively and bravely expressed their strong desire for democracy, marching on the streets and calling for an end to the single-party dictatorship of Gen. Ne Win. Burma remains trapped in a cycle of merciless and deceitful authoritarianism after twenty-four years the era of Ma-Sa-La (The Burmese Way to Socialism) culminated with thousands of civilians being murdered. The transition from direct military rule to nominally civilian government in 2011 paid off, and so-called reformers, the former generals and their associates, have been rewarded by the West with economic and diplomatic accolades. The most significant political gain for the generals in civilian garbs is turning a new page in its relationship with the West. Many sanctions have been frozen, dropped, and about to be permanently withdrawn in return for political and economic reforms that are, in fact, merely nominal and clearly the bait that covers the hook. For the Burmese people, enjoying limited and selective freedoms is like licking honey off a thorn. In the past half a century, Burma has undergone transitions that only benefited the rulers and their associates but not the general public. For half a century, people have continued to suffer under the same old dictatorship that has changed different names. A few months after the military coup in 1962, a transition to nominally civilian rule under one-party dictatorship of Gen. Ne Win occurred, and lasted for twenty-six years until 1988. From 1988 to 2011, the military junta ruled the country with an iron-grip while it crafted the blueprint for disciplineflourishing democracy and systematically implemented it through the Seven-Step Road Map. Now, Burma is in the era of the Burmese Way to Democracy (Ma-Da-La) that is disciplineflourishing democracy. The terms Discipline and Dictatorship in Burma are interchangeable and are two sides of the same coin. Since the recent institutional changes have been self-initiated by the same old rulers, both retired and current ruling elites and their associates remain powerful and corrupt. Thus, any trade and diplomatic incentives that aim to promote further reforms will be to the advantage of the same oppressors, their family members and the cronies.

From Ma-Sa-La to Ma-Da-La1 Following the military coup and on the announcement of holding a multi-party election, the Burma Socialist Programme Party (BSPP) reborn as the National Unity Party (NUP) and contested in 1990 elections. On the other hand, the ruling military junta, the State Law and Order Restoration Council (SLORC) committed acts of brutal violence against opposition activities, including the detention of the National League for Democracy (NLD) leadership. Despite under such circumstances, the NLD won the elections which prompted the junta to switch to Plan B.

Ma-Sa-La: Burmese acronym for the Burmese Way to Socialism Ma-Da-La: Burmese acronym for the Burmese Way to Democracy

The NLD was not allowed to take its rightful place as the ruling party. Instead, it was forced to participate in the process of drafting a new constitution that was tightly controlled by the junta depriving basic rights and freedoms of the participants. The NLD eventually withdrew from the process, and since then, so-called National Convention was adjourned until 2003. The juntas Prime Minister, Gen. Khin Nyunt, announced the Seven-Step Road Map to Democracy in 2003 that outlined specific stages such as reconvening the National Convention, holding a General Election, and establishing a discipline-flourishing democracy and so on. The National Convention culminated in February 2008 with the finalization of unilaterally written constitution. The new constitution, which is the foundation of the Burmese Way to Democracy, was approved through a rigged referendum in 2008. After two years, the elections were held nationwide, and the juntas proxy party, Union Solidarity and Development Party (USDP) won the elections. Daw Aung San Suu Kyi, the leader of Burmese democracy struggle was released a week after the elections. Her party, the NLD did not contest in the 2010 elections due to unjust regulations that effectively restrict political prisoners including former political prisoners from contesting in the election. The first parliament session convened on 31 January 2011, and the so-called civilian government of Thein Sein officially began their terms in March 2011. The military junta dissolved, and its leaders, Than Shwe and Maung Aye retired. Gen. Min Aung Hlaing succeeded Than Shwe as the new Commander in Chief. The transition from direct military rule to parliamentary government in 2011 was systematically implemented by the military junta. This process took decades, however, the regime successfully warded off both external and internal pressures during the process ensuring the smooth transition to the disciplineflourishing democracy. The prime minister of the junta, Gen. Thein Sein, simply succeeded as the first president of nominally civilian government, and many crucial roles in the government were retained for retired generals. Furthermore, the Ministry of Home Affairs has been headed by Lieutenant General Ko Ko. Therefore, the whole apparatus of so-called civilian government is, in effect, the military junta.

Compromise and Consensus On 28 January 2011, the Supreme Court rejected the NLDs appeal against the decision which stripped off its legal status as a political party. However, the NLD continued its political activities in defiance of the governments warning issued in June 2011. The government claimed that the NLD was officially dissolved in September 2010 as it did not reregister the party prior the 2010 elections. The governments interlocutor, Aung Kyi, Minister for Labour and Social Welfare, met with Daw Aung San Suu Kyi on 25 July, for the first time under the newly restructured government. The details of the meeting were not released. Apparently, the meeting did not lead to any solutions as the NLD prepared to submit a complaint to the United Nations Human Rights Council with respect to its legal status and the military juntas abuses. Amidst such increased tensions between the NLD and the government, Minister Aung Kyi and Daw Aung San Suu Kyi met for the second time in August 2011. This time, Four-Point joint statement was released which hinted an apparent thaw in tensions between the government and the opposition. The NLD agreed to cooperate with the government for 3

economic and social developments, avoid conflicting views, and work in areas where both parties share the same views and so on. Shortly after, Daw Aung San Suu Kyi met with President Thein Sein in Naypyidaw which was a significant progress in terms of political dialogue. On 30 September 2011 and 28 October 2011, Daw Aung San Suu Kyi met with governments interlocutor, Minister Aung Kyi as part of ongoing negotiation process. On the same day, Daw Suu announced that the NLD will decide whether to re-register the party as certain controversial clauses of the Political Parties Registration Law was amended. Subsequently, the NLD registered as a political party on 23 December 2011. A week after, the by-elections date was announced as 1 April 2012. The most significant negotiated outcome between Daw Aung San Suu Kyi and the government was the release of prominent political prisoners such as members of 88 Generation Students, ethnic leaders and U Gambira, the leader of 2007 Saffron Revolution. Nonetheless, in the pre-election period, the NLD faced systematic intimidation and harassments against its election campaigns across the country. Daw Aung San Suu Kyi even warned that the by-elections might not be free and fair. However, the NLD won almost all parliamentary seats it contested in April 1 by-elections. A few days after the election victory, Daw Aung San Suu Kyi met with President Thein Sein for the second time in Naypyidaw. The NLD declared its parliamentary agenda such as the restoration of the rule of law, establishing internal peace, and the amendment of 2008 constitution. Daw Aung San Suu Kyi was issued with a new Burmese passport after two decades which was also a significant development of reconciliation process. She visited Thailand as her first foreign trip after two decades under house arrest and then traveled to Europe in June. The series of negotiations between Daw Aung San Suu Kyi and the Thein Sein administration certainly resolved crucial political deadlocks. Nevertheless, to what extent the people of Burma can enjoy freedoms and whether these freedoms are sustainable is a question that needs to be asked in the era of the Burmese Way to Democracy.

Political Prisoners or Bargaining Counters In the era of the Burmese Way to Democracy, political prisoners continue to exist. They have been used as bargaining counters for exchange with the removal of sanctions. Since President Thein Sein took office in March 2011, political prisoners were released in May and October 2011, two times in January 2012, and in July 2012. In total, approximately 600 political prisoners have been released. Nevertheless, between 300 and 500 political prisoners remain behind bars. Different organizations, however, estimate that many more remain in the Burmese jails. On the other hand, draconian political laws that are used to charge the dissidents remain unchanged. Therefore, political opponents can be re-arrested in the future whenever the government deemed it necessary. Getting involved in anti-government politics is still criminalized in Burma.

Freedoms on a Lead Limited media freedoms have been granted but on and off according to the given political situations. Certain political activities have been allowed but subject to close monitoring, intimidation and harassments. Only individuals of greater importance such as Daw Aung San Suu Kyi, members of 88 Generation Students, and other well-known dissidents have been granted limited freedoms. Yet, such limited freedoms are granted subject to the extent of whether such activities could impose serious threats to those in power. Virtually, opposition activities both within the country and abroad have been under extensive surveillance by the same old mechanism and network of the military junta. Freedoms of association, assembly, and expression are subject to permissions and are granted on the basis of non-political activities. Nevertheless, formation of student unions and related activities are deemed political and anti-government. Thus, student activists remain under constant pressure, and leading activists have been subject to arbitrary arrests and questioning.

War on Ethnics The Karen National Union (KNU) and the government representatives held meetings on the cease-fire issue and reached agreements at State level on 12 January 2012 and at Union level on 6 April 2012. Yet, further negotiations are underway for lasting peace. The fighting between the Karen National Liberation Army, the military-wing of the KNU and the governments militia, Border Guard Force (BGF), broke out on 5 August 2012, on the same day a scheduled meeting between the KNU delegates and governments peace mission was held.2 Not only is the cease-fire agreement with the KNU on a precarious situation but also with the Shan State Army of ethnic Shan remains critical. Despite a cease-fire agreement in February 2012, the governments troops continue offensive campaigns against the SSA bases. Reportedly, 27 clashes between the governments troops and the SSA broke out after the cease-fire truce in February.3 Worst of all internal armed conflicts under Thein Sein led government is the fierce fighting in Kachin State. Since June last year, the conflict in Kachin State has caused severe devastations of livelihoods. Nearly 80,000 civilians have been displaced, and the war goes on despite several attempts to reach a cease-fire agreement between the government and the Kachin Independence Army (KIA).

Sweatshops and Landless Farmers Hundreds of factory workers, mainly in Rangoon, staged a series of protests demanding higher wages in May and June 2012. The strikes lasted for weeks, and those on hunger strikes were admitted to hospitals. Earlier this month, the lower house of the parliament rejected a proposed motion to investigate the recent industrial actions and worker protests. Certain labour laws have been enacted but not in effect. Furthermore, restrictions are imposed with respect to the formation of independent trade unions, and leading labour activists are under constant intimidation and harassments by the authorities.

2 3

Karen News (7 August 2012): KNLA and governments militia fight four soldiers killed Karen News (5 August 2012): Shan army blame government military attacks for disrupting peace process

While factory works are struggling for their basic rights, many farmers are losing their farmlands. Massive land confiscations were common under the military junta for governments projects and the cronies business developments. This practice continues under Thein Sein led government. In May 2011, five farmers from Sisayan village near Kanma township in Magwe Division were sentenced lengthy prison terms from 8 to 12 years following a land dispute with state-owned Union of Myanmar Economic Holdings (UMEH) and its partner, Htoo Trading Company owned by the well-known Western sanctioned tycoon, Tay Za. Not only lands were unfairly confiscated but also the owners were put into jails. Khin Shwe, another crony who is also the USDP Representative, has been facing legal challenges from a group of farmers for alleged land confiscations. About 200 farmers in Rangoons Mingalardon Township held a protest against Khin Shwes company, Zay Kabar in July. The local authorities permitted the farmers protest. A similar protest was staged in Rangoons Dagon Seikkan Township on 20 July against Nine Seas, another company that allegedly confiscated the farmers lands. Both protests were officially allowed by the local authorities.

Parliamentary Struggles The NLD Representatives including Daw Aung San Suu Kyi began their parliamentary journey in early July 2012. On 25 July, Daw Aung San Suu Kyi supported a USDP Representatives proposal for new laws with respect to the rights of ethnic minorities. It was her first address to the Burmese parliament as an elected opposition parliamentarian. However, Daw Aung San Suu Kyi and her NLD Representatives faced an unexpected challenge on 13 July at the parliament when Nan Wah Nu, the Shan Nationalities Democratic Party Representative tabled a motion as an urgent issue although that was not scheduled to be discussed. The USDP Representative Htay Myint, a crony and owner of Yuzana Company and a Representative from Rakhine State discussed the proposal that call for the lifting of sanctions. When the leading NLD Representative, U Win Htein, attempted to discuss the proposal, he could not switch on his microphone. He found out that the microphone switches were not automatic and instead controlled from a room. The other two NLD Representatives were also not allowed to discuss properly and were not given enough time. The motion called for the parliament to assign a role to any suitable person who can undertake necessary actions for the easing of Western sanctions. This was understood as targeting Daw Aung San Suu Kyi. The motion was approved through voice votes and the NLD found it disappointing. The NLD Representative U Win Htein claimed that this incident was an ambush against the NLD at the parliament. On 7 August 2012, the Parliaments Lower House announced the formation of a new parliamentary committee, Committee for Rule of Law and Tranquility which Daw Aung San Suu Kyi was appointed as its chairperson. The Committee consists of fifteen lawmakers, and nine of them were from the USDP, three from the NLD, one each from Shan and Rakhine ethnic parties, and one representative from the New Democracy Party. Still, the Representatives from army-backed USDP are the majority in the committee, and whether it can effectively work to meet the objectives of the rule of law is questionable.

International Rewards for Generals and Associates The long-time critics of the regime, the United States, the United Kingdom and the European Union acknowledged the governments nominal reforms. In more than fifty years, the US Secretary of State, Hilary Clinton, and the UK Foreign Secretary, William Hague visited the country pushing the government for more reforms. Australian government was the first democratic government to announce its withdrawal of visa restrictions on the Burmese government ministers. The EU lifted its visa restrictions against the government ministers shortly after the leading dissidents were released on 13 January. Norway also dropped its long-term position of discouraging investments in Burma. In April 2012, the European Union suspended its sanctions except arms embargo against Burma for a year. The United States President Barack Obama announced the ease of investment restrictions against Burma in July. Nevertheless, the US Congress voted to extend a ban on Burmese imports for another year. Obviously, the lifting of sanctions against Burma is premature while hundreds of political prisoners remain in jails, and those who have been released are under constant surveillance and subject to certain legal conditions. The oppressive laws that are used to charge against the dissidents remain in effect. Those who are set to be benefited from Western investments are the ruling elites and their associates. Those who have taken advantages abusing political power for more than two decades continue to enjoy their freedoms at large. Furthermore, they look forward to enjoying more blessings in the era of the Burmese Way to Democracy. Unless justice is brought, both former and current rulers and the cronies will continue to exploit the countrys resources.

Dictatorship Flourishing Non-Democracy According to the 2008 constitution, twenty-five percent seats are reserved for military representatives. Furthermore, the National Defence and Security Council (NDSC), central and vital ruling apparatus according to 2008 constitution is to make crucial decisions such as the release of political prisoners and act as the sole authority during the state of emergency exercising all three branches of executive, legislative, and judiciary. The members of the NDSC are President, two Vice-Presidents, and two Speakers of the parliament, the Commander-in-Chief, Deputy Commander-in-Chief, Minister of Defence, Minister of Home Affairs, Minister of Foreign Affairs, and the Minister of Border Affairs. Since the new government with former members of the junta came to power, their first priority has been to make the opposition accept the new constitution and strengthen its legitimacy by resuming better and stronger relations with the West. On the other hand, the goal of Daw Aung San Suu Kyi and the NLD is to extend their activities in the parliament. The NLD and its leaders intend to work towards the amendment of the 2008 constitution by 2015. However, more than seventy-five percent votes are needed to make constitutional changes. Therefore, Daw Aung San Suu Kyi and the NLD need to secure votes not only from non-military representatives but essentially from military representatives. There is a possibility of minor amendments to the constitution that military representatives might support the NLDs motions in the parliament. Nonetheless, it is highly unlikely that military representatives would vote for the removal of their role in the constitution which is the significant component of undemocratic constitution. 7

There would not be any significant political gridlocks as long as Daw Aung San Suu Kyi and her colleagues, NLD Representatives either remain as opposition MPs or work as part of the government in the future. The military-dominated government would be happy to continue its rule while keeping the opposition at the sideline. According to the 2008 constitution, Daw Aung San Suu Kyi fails to meet the requirements for presidential candidates. One of the qualifications required for president effectively deterred Daw Aung San Suu Kyi from becoming either a president or a vice-president. The article 59 (f) of Chapter III under the subtitle, The Presidents and Vice-Presidents, in 2008 constitution points out that: President and Vice-President shall himself, one of the parents, the spouse, one of the legitimate children or their spouses not owe allegiance to a foreign power, not be subject of a foreign power or citizen of a foreign country. They shall not be persons entitled to enjoy the rights and privileges of a subject of a foreign government or citizen of a foreign country. Therefore, Daw Aung San Suu Kyi failed to qualify to be a president or a vice-president as she married to a British citizen and with her two sons being the British. Unless the constitution is amended by 2015, the pro-democracy opposition would fail to achieve their ultimate goal, a transition to genuine civilian and democratic rule under Daw Aung San Suu Kyis leadership. Since the military representatives are carefully selected and directly appointed by the Commander-in-Chief, it will be a huge challenge for the NLD to convince at least one military representative to support the crucial motions it proposes. Daw Aung San Suu Kyi and the NLD will need to make critical decisions if they fail to alter crucial features of 2008 constitution such as the required qualifications for presidential candidates by 2015. However, Daw Aung San Suu Kyi and the NLD seem to have full of confidence to meet their parliamentary objectives within three years. On the other hand, it is unpredictable how the government and the military will handle the increased challenges imposed by the opposition and the general public. Meanwhile, Burmese people will continue to suffer in the era of so-called disciplineflourishing democracy or the Burmese Way to Democracy. The ruling elites and their associates will continue to enjoy their privileged political and social statuses with increased engagements from the outside world.

Burma Independence Advocates Park House 111 Uxbridge Road Ealing London United Kingdom W5 5LB
The Burma Independence Advocates (BIA) is a London-based advocacy organisation and think tank working for the restoration of democratic values in Burma. The organisation is registered as a private company limited by guarantee and was founded in 2009 with the aim of helping the people of Burma achieve the full enjoyment of their fundamental rights and freedoms in line with the Universal Declaration of Human Rights. Company number: 7111145.