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BN 2012/1093: September 21, 2012

BURMAS PARLIAMENT: FUNDAMENTAL REFORMS STILL BLOCKED

Parliament fails to approve any of the 24 new bills introduced during the fourth session (July-September). In addition, the regime fails to introduce the much-heralded media law. Despite efforts by some opposition MPs, regime officials and USDP MPs continue to block fundamental legislative reforms, including the repeal of existing oppressive laws and the adoption of progressive legislation. Local Parliaments remain on the sidelines of Burmas politics. Ten of the 14 Division and State Parliaments have not convened since March. Military-appointed MPs continue to sit in Parliament without actively contributing to the proceedings. INSIDE
1..No progress on the repeal of oppressive laws 2..Important proposals rejected 3..Parliament accepts new VP with eyes closed, boosts presidential powers 3..Local Parliaments shut 3..Military MPs inactive 4..Regime lies in Parliament 4..MPs wrangle over Foreign Investment Law 4..Green light to land confiscation commission, improved legislation 5..NLD makes parliamentary debut 6..Recap of parliamentary sessions

While the situation worsens in Kachin and Arakan States, 6..List of new laws Parliament fails to adequately debate those crises. Instead, the regime uses Parliament as a platform to spread Naypyidaws propaganda. Parliament approves the Foreign Investment Law. However, President Thein Sein bows to pressure from local business leaders and decides to return the draft to Parliament. Parliament forms a commission to investigate land confiscation complaints but does not challenge laws that justify arbitrary land confiscation. Daw Aung San Suu Kyi and fellow NLD MPs elected in the 1 April by-elections make their parliamentary debut. However, their impact is limited to three proposals (all rejected) and a handful of questions. Daw Suu is appointed as chairperson of the newly formed 15-member Rule of Law and Peace and Stability Committee. From 4 July to 7 September, the USDP-dominated Parliament held its fourth session. Despite being the second-longest session since Parliament first convened in January 2011, MPs failed to approve any of the 24 new bills (10 in the Peoples Assembly and 14 in the National Assembly) introduced. MPs approved only seven bills - all introduced during previous sessions.1 [See page 6 table List of new Laws] In addition, the regime failed to introduce the much-heralded media law for debate in Parliament. No progress on the repeal of oppressive laws In his March report to the UN Human Rights Council (HRC), UN Special Rapporteur on human rights in Burma Toms Ojea Quintana stressed that there was a lack of progress on the review of laws that did not

1 MPs approved the Major Commodity and Service Bill, the Foreign Currency Expenditure Bill, the 1955 Government Housing (Expelling) Act Amendment Bill, the Social Security Bill, the Bill Revoking the Foreign Relations Act, the Import-Export Bill, and the Foreign Investment Bill

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comply with international human rights standards.2 [See page 2 table Regimes oppressive laws] The failure to repeal these laws during the fourth session once again illustrated the Parliaments lack of commitment to fundamental legislative reforms. Of the 24 bills introduced during the fourth session, only one was aimed at repealing oppressive laws. On 26 July, regime Home Affairs Minister Lt Gen Ko Ko introduced legislation in the National Assembly to revoke Law 5/96, which was frequently used by the military junta to jail critics of the SPDC-sponsored constitution-drafting process.3 However, the law had already become obsolete after the conclusion of the National Convention in September 2007 and the adoption of the constitution in May 2008.
REGIMES OPPRESSIVE LAWS

In addition, the regime routinely attempted to block initiatives promoted by opposition MPs to amend or repeal oppressive laws. On 10 July, Supreme Court Justice Soe Nyunt blocked the discussion of a bill introduced in the Peoples Assembly by New National Democracy Party (NNDP) MP Thein Nyunt to amend the Contempt of Courts Act. Soe Nyunt claimed that the bill was not necessary as the regime had already drafted a new version of the Contempt of Courts Act.4 On 31 July, Soe Nyunt introduced a regime-drafted Contempt of Court Bill in the National Assembly.5

Unlawful Association Act (1908) Emergency Provisions Act (1950) Printers and Publishers Registration Act (1962) Motion Picture Law (1966) State Protection Law (1975) Television and Video Law (1985) Law Relating to Forming of Organizations (1988) Law Protecting the Peaceful and Systematic Transfer of State Responsibility and the Successful Performance of the Functions of the National Convention against Disturbance and Opposition (aka Law 5/1996)

Computer Science Development Law (1996) On 17 July, despite opposition by Home Affairs Deputy Minister Brig Gen Kyaw Zan Myint, the Peoples Electronic Transactions Law (2004) Assembly decided to accept a proposal introduced by Sections 143, 145, 152, 505, 505(b) and 295-A of NNDP MP Thein Nyunt to discuss the repeal of the the Penal Code Unlawful Association Act.6 On 6 August, NNDP MP Thein Nyunt introduced legislation in the Peoples Assembly to amend the 1950 Emergency Provisions Act.7

While regime ministers and USDP MPs introduced several pieces of legislation of questionable importance (i.e. Traditional Medicine Council Law Amendment Bill, Bill Revoking the Myanmar Five Star Shipping Line Corporation Law, Myanmar Language Commission Bill), they rejected attempts by opposition parties to introduce much-needed legislation. The National Democratic Force (NDF) deplored the Parliaments rejection of all 20 bills it had attempted to introduce during the fourth session, including legislation proposing an amnesty for political prisoners and measures to limit the economic dominance of regime cronies.8 Important proposals rejected Parliament rejected proposals aimed at addressing labor relations issues and promoting transparency and good governance. On 1 August, the Peoples Assembly rejected, by a vote of 288 to 43 with 17 abstentions, a proposal introduced by New National Democracy Party (NNDP) MP Thein Nyunt to form a commission to investigate the root causes of the numerous strikes in factories in Rangoon Division over the previous

HRC, 19th session, Progress report of the Special Rapporteur on the situation of human rights in Myanmar, Toms Ojea Quintana, 7 March 2012, UN Doc A/HRC/19/67, para 10 3 NLM (27 Jul 12) Land Allotment and Utilization Scrutiny Committee formed for ensuring systematic management of land utilization - Kalewa Coal-fired Power Plant between Kalewa and Tamu regions under feasibility study 4 NLM (11 Jul 12) Pyithu Hluttaw meeting continues for fifth day - Eight questions answered, one proposal and two bills submitted 5 NLM (01 Aug 12) Reforms must be undertaken for financial and legal institutional development during the drafting process of monetary and capital market law: MPs 6 AFP (17 Jul 12) Myanmar MPs to discuss changes to repressive laws; NLM (18 Jul 12) Pyithu Hluttaw meeting continues for tenth day - Four questions raised, receipt of one bill reported to Hluttaw, two new proposals submitted 7 NLM (07 Aug 12) Parents urged to hand down good senses of legacy to their offspring as well as to youths students to equip them with national awareness and nationalistic spirits 8 Myanmar Times (10 Sep 12) Party drafting two bills for hluttaw

months.9 Regime Labor Minister Aung Kyi, who had earlier called for the withdrawal of the proposal, said that such a commission would be very dangerous and could hurt the confidence of foreign investors.10 On 8 August, the Peoples Assembly rejected, by a vote of 271 to 68 with 15 abstentions, a proposal introduced on 25 July by NLD MP Win Myint requiring ministers in the national cabinet and in the Division and State administrations to publicly disclose their assets.11 Parliament accepts new VP with eyes closed, boosts presidential powers The regime faced little or no opposition from MPs in pushing its political agenda in Parliament. On 16 July, the National Parliament approved President Thein Seins 10 June declaration of the state of emergency in Arakan State.12 On 15 August, the National Parliament approved the nomination of Navy Commander-in-Chief Admiral Nyan Tun as one of the countrys two vice-presidents.13 MPs could merely endorse the nomination made by the military-appointed MPs, as the regime failed to distribute Nyan Tuns biographical data among MPs prior to the vote.14 On 7 September, the National Parliament approved, by a vote of 509 to 49 with 40 abstentions, Thein Seins nomination of 11 new ministers to fill the positions left vacant as a result of an August reshuffle.15 The Parliament also approved, by a vote of 511 to 41 with 45 abstentions, a cabinet reorganization which resulted in the creation of four more ministries within the Presidents Office.16 However, some MPs expressed concerns over the excessive centralization of power in the Presidents Office.17 Local Parliaments shut Endowed with only limited legislative powers by the 2008 constitution, local Parliaments remained on the sidelines of Burmas politics. Ten of the 14 Division and State Parliaments have not convened since March. The only exceptions were Parliaments in Arakan and Shan States (which held brief special sessions in March-April), in Irrawaddy Division (which held a four-day special session in mid-August),18 and in Kachin State (which began a third special session on 18 September).19 Military MPs inactive Aside from opposing a move by both houses of Parliament to impeach the Constitutional Tribunals judges,20 military-appointed MPs continued to sit in Parliament without actively contributing to the proceedings. During the fourth session, military-appointed MPs failed to pose any questions and did not introduce any legislation or proposals.

9 NLM (02 Aug 12) No country forms commission prior to enforcement of a relevant legislation: Union Minister - Pyithu Hluttaw regular session continues for 19th day; Irrawaddy (02 Aug 12) Worker Strike Probe Shot Down by MPs 10 Xinhua (02 Aug 12) Myanmar's Lower House rejects proposal to probe into strikes 11 EMG (12 Aug 12) Parliament rejects proposal to declare cabinet members' assets; Irrawaddy (10 Aug 12) MPs Assets Declaration Motion Shot Down; Myanmar Times (20 Aug 12) MPs reject proposal on cabinet asset declaration; NLM (26 Jul 12) Discussions in Hluttaw should not include characteristics and behaviors of a person - Discussions about a proposal must be related with proposals under debate at the Hluttaw - Pyithu Hluttaw Speaker urges some representatives to strictly abide by Hluttaw laws and rules in making discussion; Myanmar Times (30 Jul 12) Hluttaw to debate asset disclosure proposal 12 NLM (17 Jul 12) Fourth regular session of First Pyidaungsu Hluttaw continues for second day 13 AP (15 Aug 12) Myanmar parliament names politically moderate naval chief as new vice president; Reuters (15 Aug 12) Myanmar navy chief takes vice-presidential post 14 Bloomberg (16 Aug 12) Myanmar Lawmakers Know Little About New Appointed Vice President 15 NLM (08 Sep 12) Appointment of Union Ministers; NLM (08 Sep 12) Appointment of Union Minister; Irrawaddy (07 Sep 12) 11 New Ministers Sworn In; Myanmar Times (10 Sep 12) Hluttaw approves cabinet reshuffle 16 NLM (08 Sep 12) Appointment of Union Ministers; NLM (08 Sep 12) Appointment of Union Minister; Irrawaddy (07 Sep 12) 11 New Ministers Sworn In; Myanmar Times (10 Sep 12) Hluttaw approves cabinet reshuffle 17 Myanmar Times (10 Sep 12) Hluttaw approves cabinet reshuffle; EMG (09 Sep 12) Parliament approves more presidential ministries despite criticism 18 NLM (04 Apr 12) Special session of first Rakhine State Hluttaw continues for third day; NLM (28 Apr 12) First day session of First Shan State Hluttaw Special Meeting (1/2012) held NLM (22 Aug 12) First special session of Ayeyawady Region Hluttaw concluded 19 NLM (19 Sep 12) Fourth regular session of first Kachin State Hluttaw starts 20 RFA (06 Sep 12) Lawmakers Oust Tribunal; Myanmar Times (10 Sep 12) Tribunal resigns to avoid impeachment

Regime lies in Parliament While the situation worsened in Kachin and Arakan States, Parliament failed to adequately debate those crises. Instead, the regime misrepresented the facts to Parliament and used the assembly as a platform to spread Naypyidaws propaganda. On 31 July, regime Home Affairs Minister Lt Gen Ko Ko claimed that originally only ethnic Rakhine lived in Arakan State, but later Bengali [Rohingya] became the overwhelming majority in Northern Arakan State due to the settlement of illegal immigrants from Bangladesh.21 On 6 September, in response to a question by a National Assembly MP on the ceasefire talks with the Kachin Independence Army (KIA), regime Deputy Defense Minister Cdre Aung Thaw claimed that Tatmadaw troops never attacked the KIA after Thein Sein ordered to halt all offensives against the ethnic armed group on 10 December 2011.22 MPs wrangle over Foreign Investment Law After several months of parliamentary debate, on 7 September the National Parliament approved the Foreign Investment Law.23 However, the adoption of the law, which was never made public,24 is likely to be delayed until the next parliamentary session after President Thein Sein decided to return the draft to Parliament.25 Thein Sein bowed to pressure from local business leaders who expressed unhappiness over the final draft.26 The text approved on 7 September was the result of a struggle between MPs who favored a protectionist approach and lawmakers, including Daw Aung San Suu Kyi, who pushed for a more liberal law.27 The latest draft dropped several provisions from the original text that had raised fears of their potential to deter foreign investment.28 One proposal removed from the draft required foreign firms to put up US$5 million in start-up capital when setting up joint ventures with local partners.29 The final version also relaxed restrictions on foreign investment in 13 key sectors including agriculture, fisheries, and manufacturing.30 In these sectors, foreign investors could now own up to a 50% stake in joint ventures rather than the originally proposed 49%.31 The draft law allowed foreign investors to lease land for up to 50 years with an option to renew, compared to 35 years under existing legislation.32 In addition, it granted foreign investors tax holidays for the first five years and included guarantees against nationalizing foreign businesses. 33 Green light to land confiscation commission, improved legislation Despite opposition by regime ministers, MPs approved the formation of an important parliamentary commission as well as the drafting of two progressive laws.
NLM (01 Aug 12) Reforms must be undertaken for financial and legal institutional development during the drafting process of monetary and capital market law: MPs NLM (07 Sep 12) Like other armed groups, KIA may ink peace agreements if they follow internationally and generally-accepted peace processes 23 AP (07 Sep 12) Myanmar's parliament adopts foreign investment law, toning down some limitations; FT (07 Sep 12) Myanmar MPs agree foreign investor law 24 Reuters (12 Sep 12) Myanmar minister says foreign investment law ready soon 25 Reuters (19 Sep 12) Protracted Myanmar investment law faces further delay; FT (17 Sep 12) Myanmar to delay foreign investment law 26 WSJ (12 Sep 12) Myanmar urged to clarify, rethink investment law; WSJ (13 Sep 12) Myanmar Firms Push Back on New Law 27 WSJ (07 Sep 12) Myanmar Passes Investment Law; FT (07 Sep 12) Myanmar MPs agree foreign investor law; Reuters (12 Sep 12) With Suu Kyi's help, Myanmar inches towards investment law; WSJ (12 Sep 12) Myanmar urged to clarify, rethink investment law 28 AP (07 Sep 12) Myanmar's parliament adopts foreign investment law, toning down some limitations 29 AP (07 Sep 12) Myanmar's parliament adopts foreign investment law, toning down some limitations; Reuters (07 Sep 12) Myanmar parliament passes investment law, now with president; WSJ (07 Sep 12) Myanmar Passes Investment Law; Myanmar Times (10 Sep 12) Hluttaw approves investment law 30 Reuters (07 Sep 12) Myanmar parliament passes investment law, now with president; FT (07 Sep 12) Myanmar MPs agree foreign investor law; Myanmar Times (10 Sep 12) Hluttaw approves investment law 31 AP (07 Sep 12) Myanmar's parliament adopts foreign investment law, toning down some limitations; WSJ (07 Sep 12) Myanmar Passes Investment Law; Myanmar Times (10 Sep 12) Hluttaw approves investment law 32 AP (07 Sep 12) Myanmar's parliament adopts foreign investment law, toning down some limitations; RFA (07 Sep 12) New Law Invites Investment 33 Reuters (19 Sep 12) Protracted Myanmar investment law faces further delay; Myanmar Times (10 Sep 12) Hluttaw approves investment law; EMG (09 Sep 12) Union Assembly approves foreign investment bill
22 21

On 26 July, despite opposition by regime Agriculture and Irrigation Deputy Minister Ohn Than, the National Parliament approved a proposal introduced by USDP MP Tin Htut on 4 July to form a commission tasked with investigating land confiscation complaints.34 Ohn Than had urged MPs not to approve the proposal because he claimed that land confiscation during SLORC and SPDC rule had been carried out in conformity with the laws then in place.35 On 31 July, Peoples Assembly Speaker Shwe Mann instructed two parliamentary committees to redraft the 2012 Higher Education Bill after several MPs, including Daw Aung San Suu Kyi, criticized the bill for failing to grant universities administrative independence.36 On 16 August, Peoples Assembly Speaker Shwe Mann instructed two parliamentary committees to urgently draft amendments to existing legislation on NGO registration.37 Shwe Manns decision came after two days of debate over a proposal introduced by NNDP MP Thein Nyunt to draft a new NGO registration law.38 During the debate, regime Home Affairs Deputy Minister Brig Gen Kyaw Zan Myint insisted there was no need to draft a new law because the 1988 Registration Law was already adequate.39 NLD makes parliamentary debut During the fourth session, Daw Aung San Suu Kyi and 40 other NLD MPs elected in the 1 April byelections made their parliamentary debut. However, their impact was limited to three proposals (all rejected) and a handful of questions. On 25 July, in her first speech to Parliament, Daw Aung San Suu Kyi called for the adoption of laws to protect the rights of ethnic nationalities in order to create a truly democratic union, based on equality as well as the Panglong spirit.40 On 7 August, the Peoples Assembly appointed Daw Aung San Suu Kyi as chairperson of the newly formed 15-member Rule of Law and Peace and Stability Committee.41 The committees key responsibilities included analyzing existing legislation and making recommendations regarding laws that needed to be revoked or amended.42 The committee would also be required to assess appeals and complaints about state agencies and submit them to Parliament.43

34

NLM (27 Jul 12) Each and every citizen needs to enjoy democratic rights and opportunities in disciplined manners - Incumbent government will have to continue confiscating lands to implement projects, plans and undertakings in the interests of the people and the State - Fair undertakings with goodwill which will profit the people, the country, the Union will have to be welcomed 35 Myanmar Times (30 Jul 12) Reps ignore ministry on land-grab committee 36 Myanmar Times (06 Aug 12) Reps reject bill, call for independent universities; Irrawaddy (01 Aug 12) MPs Call for Complete Education Reform 37 Myanmar Times (27 Aug 12) Hluttaw agrees to amend NGO law 38 Irrawaddy (17 Aug 12) NGO Registration Law to be Drafted 39 Myanmar Times (27 Aug 12) Hluttaw agrees to amend NGO law; Irrawaddy (17 Aug 12) NGO Registration Law to be Drafted 40 AP (25 Jul 12) Myanmars Suu Kyi makes first parliament speech; AFP (25 Jul 12) Suu Kyi urges minority rights in first parliament address; RFA (25 Jul 12) Call to Protect Ethnic Minorities 41 AP (07 Aug 12) Myanmar's Suu Kyi to chair parliamentary committee; DPA (07 Aug 12) Aung San Suu Kyi appointed head of rule of law committee; Irrawaddy (07 Aug 12) Suu Kyi to Head Rule of Law Committee 42 Xinhua (07 Aug 12) Aung San Suu Kyi to head parliament's committee for rule of law, peace, stability; Myanmar Times (13 Aug 12) NLD leader pledges to safeguard rights of society in committee role 43 Myanmar Times (13 Aug 12) NLD leader pledges to safeguard rights of society in committee role

RECAP OF PARLIAMENTARY SESSIONS Peoples Assembly National Assembly

31 Jan-23 Mar 2011 (14 days) 31 Jan-23 Mar 2011 (14 days) Bills introduced: 0 Bills approved: 0 Questions answered: 33 Proposals introduced: 16 Proposals approved: 1 22 Aug-16 Nov 2011 (47 days) Bills introduced: 10 Bills approved: 6 Questions answered: 320 Proposals introduced: 49 Proposals approved: 31 26 Jan-2 May 2012 (21 days) Bills introduced: 6 Bills approved: 3 Questions answered: 123 Proposals introduced: 30 Proposals approved: 14 4 Jul-6 Sep 2012 (40 days) Bills introduced: 14 Bills approved: 3 Questions answered: 173 Proposals introduced: 29 Proposals approved: 12

National Parliament
31 Jan-30 Mar 2011 (18 days) Bills introduced: 0 Bills approved: 0 Questions answered: 27 Proposals introduced: 6 Proposals approved: 0 22 Aug-25 Nov 2011 (6 days) Bills introduced: 5 Bills approved: 5 Questions answered: 0 Proposals introduced: 0 Proposals approved: 0 26 Jan-30 Apr 2012 (29 days) Bills introduced: 4 Bills approved: 4 Questions answered: 1 Proposals introduced: 7 Proposals approved: 4 4 Jul-7 Sep 2012 (13 days) Bills introduced: 0 Bills approved: 0 Questions answered: 0 Proposals introduced: 4 Proposals approved: 4

1 session

st

Bills introduced: 0 Bills approved: 0 Questions answered: 46 Proposals introduced: 17 Proposals approved: 4 22 Aug-24 Nov 2011 (51 days)

2 session

nd

Bills introduced: 8 Bills approved: 5 Questions answered: 337 Proposals introduced: 51 Proposals approved: 18 26 Jan-2 May 2012 (23 days)

3 session

rd

Bills introduced: 8 Bills approved: 3 Questions answered: 126 Proposals introduced: 25 Proposals approved: 16 4 Jul-6 Sep 2012 (40 days)

4 session

th

Bills introduced: 10 Bills approved: 4 Questions answered: 159 Proposals introduced: 27 Proposals approved: 9

LIST OF NEW LAWS

PEOPLES ASSEMBLY (16) Approved (12)
Law revoking the Law Defining the Fundamental Rights and Responsibilities of Public Workers Pyithu Hluttaw Election Law Amendment Law Peaceful Gathering and Demonstration Law Labor Dispute Settlement Law Ward or Village-tract Administration Law Farmland Law Disabled and Died or Fallen Tatmadawmens Family Aid Law Myanmar Microfinance Law Major Commodity and Service Law Foreign Currency Expenditure Law Law Revoking the Foreign Relations Act Import-Export Law

Not yet approved (14)

Pyithu Hluttaw Law Region/State Hluttaw Law 2012 Examination Board Law 2012 Basic Education Law 2012 University Education Law 2012 Education Research Law Myanmar Language Commission Law Law Enforcement Officers Protection Act Amendment Law Contempt of Courts Amendment Law 2012 Minimum Wage Law Union Auditor General Law Amendment Law 1950 Emergency Act Amendment Law Union Attorney General Law Amendment Law Myanmar Citizens Investment Law

NATIONAL ASSEMBLY (30) Approved (12)

Amyotha Hluttaw Election Law Amendment Law Labor Organizations Law Political Parties Registration Law Amendment Law Region or State Hluttaw Election Law Amendment Law Union Election Commission Law Amendment Law Environmental Conservation Law Vacant Lands, Fallow Lands and Virgin Lands Management Law Union Election Commission Law Private School Registration Law Social Security Law 1955 Government Housing (Expelling) Act Amendment Law Foreign Investment Law Amyotha Hluttaw Law Amendment Law Amyotha Hluttaw Office Law Republic of the Union of Myanmar National Races Affairs Law Amyotha Hluttaw Law Anti-Bribery Law Traditional Medicine Council Law Amendment Law Law Revoking the State Agricultural Produce Dealing Board Act Law Revoking the Myanma Five Star Shipping Line Corporation Law Natural Disaster Management Law Profession and Capacity Building Law Law Revoking Public Welfare Services Protection Act Law Revoking the Law Protecting the Peaceful and Systematic Transfer of State Responsibility and the Successful Performance of the Functions of the National Convention against Disturbances and Oppositions Limitation Act Amendment Law Contempt of Court Law Penal Code Amendment Law Law Revoking the Land Confiscation (Mines) Act Securities Exchange Law State Services Personnels Law Amendment Law

Not yet approved (18)

NATIONAL PARLIAMENT (9) Approved (9)

Law Revoking Revenue Law Commercial Tax Law Amendment Law Income Tax Law Amendment Law Myanmar Stamp Act Amendment Law Office Tax Law Amendment Law Ward or Village-tract Administration Law Amendment Law 2012-2013 National Planning Law 2012 Union Budget Law 2012 Supplementary Union Budget Allocation Law