Defend the Three Freedoms in Myanmar Defend the Three Freedoms in Myanmar
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1 Myanmar Update
Myanmar Update – 15 February 2021 Summary • The Myanmar coup will likely lead to escalating civil resistance and a consequent heavy- handed military response. • The military will continue to expand control over the internet – leading to frequent “blackouts” • Monitoring the human rights situation as well as providing aid and development support will become increasingly difficult in the months ahead. Background to the November 2020 Elections Myanmar experienced five years of relative political stability after the Tatmadaw (Myanmar Armed Forces) handed power to State Counsellor (a position roughly analogous to Prime Minister) Aung San Suu Kyi’s National League for Democracy (NLD) following the November 2015 elections – which ended almost 50 years of military rule. Even then, however, the Tatmadaw retained substantial power, including the right to appoint a quarter of parliamentarians and control of key ministries. Elections to both Myanmar’s upper house - Amyotha Hluttaw - and lower house - Pyithu Hluttaw – took place on 8 November 2020. Suu Kyi’s NLD won a popular landslide, taking 161 (of the 224) seats in the Amyotha Hluttaw and 315 (of the 440) in the Pyithu Hluttaw, an even larger margin than in 2015. This equated to 83% of the available seats, while the Tatmadaw’s proxy, the Union Solidarity and Development Party (USDP), won a total of just 33 seats. The USDP immediately began making accusations of fraud after the vote although the Union Election Commission said there was no proof to support these claims and there has been little or no independent evidence either. The Tatmadaw also disputed the results, claiming that the vote was fraudulent, perhaps fearing that the NLD, with its majority, would amend the constitution to reduce the Tatmadaw’s political influence – a longstanding NLD campaign pledge. -
Burma's Long Road to Democracy
UNITED STATES InsTITUTE OF PEACE www.usip.org SPECIAL REPORT 1200 17th Street NW • Washington, DC 20036 • 202.457.1700 • fax 202.429.6063 ABOUT THE REPORT Priscilla Clapp A career officer in the U.S. Foreign Service, Priscilla Clapp served as U.S. chargé d’affaires and chief of mission in Burma (Myanmar) from June 1999 to August 2002. After retiring from the Foreign Service, she has continued to Burma’s Long Road follow events in Burma closely and wrote a paper for the United States Institute of Peace entitled “Building Democracy in Burma,” published on the Institute’s Web site in July 2007 as Working Paper 2. In this Special to Democracy Report, the author draws heavily on her Working Paper to establish the historical context for the Saffron Revolution, explain the persistence of military rule in Burma, Summary and speculate on the country’s prospects for political transition to democracy. For more detail, particularly on • In August and September 2007, nearly twenty years after the 1988 popular uprising the task of building the institutions for stable democracy in Burma, public anger at the government’s economic policies once again spilled in Burma, see Working Paper 2 at www.usip.org. This into the country’s city streets in the form of mass protests. When tens of thousands project was directed by Eugene Martin, and sponsored by of Buddhist monks joined the protests, the military regime reacted with brute force, the Institute’s Center for Conflict Analysis and Prevention. beating, killing, and jailing thousands of people. Although the Saffron Revolution was put down, the regime still faces serious opposition and unrest. -
Law Relating Amyotha Hluttaw
The Union of Myanmar Chapter I The State Peace and Development Council Title, Enforcement and Definition The Law Relating to the Amyotha Hluttaw 1. (a) This Law shall be called the Law relating to the Amyotha ( The State Peace and Development Council Law No. 13 /2010 ) Hluttaw, The 13th Waxing Day of Thadinkyut , 1372 M.E. (b) This Law shall come into force throughout the country ( 21st October, 2010 ) commencing from the day of its promulgation. Preamble 2. The following expressions contained in this Law shall have the meanings Since it is provided in Section 443 of the Constitution of the Republic given hereunder: of the Union of Myanmar that the State Peace and Development Council shall (a) Constitution means the Constitution of the Republic of the carry out the necessary preparatory works to implement the Constitution, it has Union of Myanmar; become necessary to enact the relevant laws to enable performance of the legislative, administrative and judicial functions of the Union smoothly, to enable (b) Hluttaw means the Amyotha Hluttaw formed under the performance of works that are to be carried out when the various Hluttaws come Constitution for the purpose of this Law; into existence and to enable performance of the preparatory works in accord (c) Chairperson means the Hluttaw representative elected to with law. supervise the Hluttaw session until the Hluttaw Speaker and As such, the State Peace and Development Council hereby enacts this the Deputy Speaker are elected when the first session of a Law in accord with section 443 of the Constitution of the Republic of the Union term of Hluttaw commences; of Myanmar, in order to implement the works relating to Hluttaw smoothly in (d) Speaker means the Hluttaw representative elected as the convening the sessions of the Amyotha Hluttaw in accord with the Constitution Speaker of the Hluttaw for a term of the Hluttaw; of the Republic of the Union of Myanmar. -
Burma Is Founded and Buddhism Is Adopted
2007 - The junta adds a year to Suu Kyi’s house Timeline arrest. In reaction to the unexpected rise in fuel costs, 1057 - Burma is founded and Buddhism is adopted. Buddhist monks lead anti-government protests. The 1885 - Burma is annexed to British India. government kills 13 protestors and arrests thousands 1937-1948 - Burma is a colony of the British crown. of monks in the Saffron Revolution. 1942 - Japan invades and occupies Burma using the 2008 - The proposed constitution ensures a quarter of Japanese-trained Burma Independence Army, which parliament seats to the military and bans Aung San later becomes the Anti-Fascist People’s Freedom Suu Kyi from running for office. Cyclone Nargis kills as League (AFPFL). many as 134,000. The government claims 92% voted 1945 - General Aung San leads the AFPFL and frees in favor of a referendum on the constitution despite Burma from Japan with help from the British. the humanitarian crisis of the cyclone. Aung San Suu 1947 - General Aung San and members of his Kyi’s house arrest is renewed. Activists receive government are assassinated by nationalist rival U Saw. sentences up to 65 years in closed trials. 1958-1960 - AFPFL party splits, resulting in the 2009 - Burma denies the existence of the Muslim formation of a caretaker government. Rohingya minority. Talks between the military junta 1960 - U Nu wins elections. His endorsement of and Suu Kyi begin again. Burma Buddhism and acceptance of separatism antagonizes 2010 - Election laws pass allowing the electoral the military. commission to be picked by junta. NLD plans to 1962 - Military coup led by General Ne Win abolishes boycott polls, but the National Democratic Front (NDF) the federal system and implements the “Burmese Way gains legal status and plans to run in elections. -
Constitutional Documents of All Tcountries in Southeast Asia As of December 2007, As Well As the ASEAN Charter (Vol
his three volume publication includes the constitutional documents of all Tcountries in Southeast Asia as of December 2007, as well as the ASEAN Charter (Vol. I), reports on the national constitutions (Vol. II), and a collection of papers on cross-cutting issues (Vol. III) which were mostly presented at a conference at the end of March 2008. This collection of Constitutional documents and analytical papers provides the reader with a comprehensive insight into the development of Constitutionalism in Southeast Asia. Some of the constitutions have until now not been publicly available in an up to date English language version. But apart from this, it is the first printed edition ever with ten Southeast Asian constitutions next to each other which makes comparative studies much easier. The country reports provide readers with up to date overviews on the different constitutional systems. In these reports, a common structure is used to enable comparisons in the analytical part as well. References and recommendations for further reading will facilitate additional research. Some of these reports are the first ever systematic analysis of those respective constitutions, while others draw on substantial literature on those constitutions. The contributions on selected issues highlight specific topics and cross-cutting issues in more depth. Although not all timely issues can be addressed in such publication, they indicate the range of questions facing the emerging constitutionalism within this fascinating region. CONSTITUTIONALISM IN SOUTHEAST ASIA Volume 2 Reports on National Constitutions (c) Copyright 2008 by Konrad-Adenauer-Stiftung, Singapore Editors Clauspeter Hill Jőrg Menzel Publisher Konrad-Adenauer-Stiftung 34 Bukit Pasoh Road Singapore 089848 Tel: +65 6227 2001 Fax: +65 6227 2007 All rights reserved. -
Burma Coup Watch
This publication is produced in cooperation with Burma Human Rights Network (BHRN), Burmese Rohingya Organisation UK (BROUK), the International Federation for Human Rights (FIDH), Progressive Voice (PV), US Campaign for Burma (USCB), and Women Peace Network (WPN). BN 2021/2031: 1 Mar 2021 BURMA COUP WATCH: URGENT ACTION REQUIRED TO PREVENT DESTABILIZING VIOLENCE A month after its 1 February 2021 coup, the military junta’s escalation of disproportionate violence and terror tactics, backed by deployment of notorious military units to repress peaceful demonstrations, underlines the urgent need for substantive international action to prevent massive, destabilizing violence. The junta’s refusal to receive UN diplomatic and CONTENTS human rights missions indicates a refusal to consider a peaceful resolution to the crisis and 2 Movement calls for action confrontation sparked by the coup. 2 Coup timeline 3 Illegal even under the 2008 In order to avert worse violence and create the Constitution space for dialogue and negotiations, the 4 Information warfare movement in Burma and their allies urge that: 5 Min Aung Hlaing’s promises o International Financial Institutions (IFIs) 6 Nationwide opposition immediately freeze existing loans, recall prior 6 CDM loans and reassess the post-coup situation; 7 CRPH o Foreign states and bodies enact targeted 7 Junta’s violent crackdown sanctions on the military (Tatmadaw), 8 Brutal LIDs deployed Tatmadaw-affiliated companies and partners, 9 Ongoing armed conflict including a global arms embargo; and 10 New laws, amendments threaten human rights o The UN Security Council immediately send a 11 International condemnation delegation to prevent further violence and 12 Economy destabilized ensure the situation is peacefully resolved. -
From Pariah to Partner: the US Integrated Reform Mission in Burma, 2009 to 2015
INDIA BHUTAN CHINA BAN GLADESH VIETNAM Naypidaw Chiang Mai LAOS Rangoon THAILAND Bangkok CAMBODIA From Pariah to Partner: The US Integrated Reform Mission in Burma, 2009 to 2015 From Pariah to Partner The US Integrated Reform Mission in Burma Making Peace Possible 2009 to 2015 2301 Constitution Avenue NW Washington, DC 20037 202.457.1700 Beth Ellen Cole, Alexa Courtney, www.USIP.org Making Peace Possible Erica Kaster, and Noah Sheinbaum @usip 2 Looking for Justice ACKNOWLEDGMENTS This case study is the product of an extensive nine- month study that included a detailed literature review, stakeholder consultations in and outside of government, workshops, and a senior validation session. The project team is humbled by the commitment and sacrifices made by the men and women who serve the United States and its interests at home and abroad in some of the most challenging environments imaginable, furthering the national security objectives discussed herein. This project owes a significant debt of gratitude to all those who contributed to the case study process by recommending literature, participating in workshops, sharing reflections in interviews, and offering feedback on drafts of this docu- ment. The stories and lessons described in this document are dedicated to them. Thank you to the leadership of the United States Institute of Peace (USIP) and its Center for Applied Conflict Transformation for supporting this study. Special thanks also to the US Agency for International Development (USAID) Office of Transition Initiatives (USAID/OTI) for assisting with the production of various maps and graphics within this report. Any errors or omis- sions are the responsibility of the authors alone. -
A Study of Myanmar-US Relations
INDEX A strike at Hi-Mo factory and, 146, “A Study of Myanmar-US Relations”, 147 294 All Burma Students’ Democratic abortion, 318, 319 Front, 113, 125, 130 n.6 accountability, 5, 76 All India Radio, 94, 95, 96, 99 financial management and, 167 All Mon Regional Democracy Party, administrative divisions of Myanmar, 104, 254 n.4 170, 176 n.12 allowances for workers, 140–41, 321 Africa, 261 American Centre, 118 African National Congress, 253 n.2 American Jewish World Service, 131 Agarwal, B., 308 n.7 “agency” of individuals, 307 Amyotha Hluttaw (upper house of Agricultural Census of Myanmar parliament), 46, 243, 251 (1993), 307 Anti-Fascist People’s Freedom Agricultural Ministers in States and League, 23 Regions, 171 Anwar, Mohammed, 343 n.1 agriculture, 190ff ANZ Bank (Australia), 188 loans for, 84 “Arab Spring”, 28, 29, 138 organizational framework of, “arbitrator [regime]”, 277 192, 193 Armed Forces Day 2012, 270 Ah-Yee-Taung, 309 armed forces (of Myanmar), 22, 23, aid, 295, 315 262, 269, 277, 333, 334 donors and, 127, 128 battalions 437 and 348, 288 Kachin people and, 293, 295 border areas and, 24 Alagappa, Muthiah, 261, 263, 264 constitution and, 16, 20, 24, 63, Albert Einstein Institution, 131 n.7 211, 265, 266 All Burma Federation of Student corruption and, 26, 139–40 Unions, 115, 121–22, 130 n.4, 130 disengagement from politics, 259 n.6, 148 expenditure, 62, 161, 165, 166 “fifth estate”, 270 356 Index “four cuts” strategy, 288, 293 Aung Kyaw Hla, 301 n.5 impunity and, 212, 290 Aung Ko, 60 Kachin State and, 165, 288, 293 Aung Min, 34, -
Myanmar Amnesty International Submission to the UN Universal Periodic Review Tenth Session of the UPR Working Group, January 2011
Myanmar Amnesty International submission to the UN Universal Periodic Review Tenth session of the UPR Working Group, January 2011 B. Normative and institutional framework of the State The administration of justice in Myanmar is marked by the absence of an independent judiciary and the criminalization of peaceful political dissent. The provisions of the 2008 Constitution and many laws do not meet international human rights standards. Myanmar has only ratified two international human rights treaties, the Convention on the Elimination of All Forms of Discrimination against Women and the Convention of the Rights of the Child; however, the provisions of these are not adequately reflected in domestic law. The Constitution The new Constitution was adopted in a referendum held in the immediate aftermath of Cyclone Nargis in May 2008. It will come into force after national elections slated to take place towards the end of 2010. Amnesty International has serious concerns in relation to a number of elements within the Constitution that undermine international human rights standards and enable impunity for perpetrators of human rights violations, including past violations: • There are no provisions explicitly prohibiting torture and other ill‐treatment. There are similarly no provisions guaranteeing the rights of arrested persons to be informed promptly of the nature and cause of any charges against them or to a fair and public hearing, and the right of those arrested to be brought before a court within 24 hours does not extend to “matters on precautionary measures” taken on security and similar grounds. Provisions on freedom of expression, association and assembly are restricted by vague references to “community peace and tranquillity” (Article 354). -
Burma's Pyidaungsu Hluttaw (Assembly of the Union) Has Been the Country's First Experience of a Functioning Legislature for Almost Four Decades
Burma’s Pyidaungsu Hluttaw: a young legislature in a changing state By Liam Allmark Beginning in 2011, the inaugural session of Burma's Pyidaungsu Hluttaw (Assembly of the Union) has been the country's first experience of a functioning legislature for almost four decades. After General Ne Win's 1962 coup d'état abolished the post-independence parliamentary system, legislative power was exercised by the military through a succession of internal structures, appointed councils and single-party bodies. Tentative moves towards restoring an elected assembly in 1990 were quickly aborted by the ruling regime when the opposition National League for Democracy (NLD) secured a resounding majority of the vote. Consequently many of those who won seats spent the following years in prison or exile. This picture finally began to change with the adoption of a new constitution in 2008 establishing today's system of 'disciplined democracy'. Elections were held to the new Pyidaungsu Hluttaw in 2010 and since members took their seats at a purpose-built complex in Naypyidaw the following year, this young legislature has become a focal point of Burma's shifting political landscape. Parties and elections Whilst the military no longer exercises direct and complete control over Burma's legislative system, it nevertheless retains considerable influence: 25% of members in the 440 seat lower chamber (Pyithu Hluttaw, or House of Representatives) and the 224 seat upper chamber (Amyotha Hluttaw, or House of Nationalities) are Defence Service personnel directly appointed by the Commander-in-Chief. This is particularly significant given the requirement for any constitutional amendments to be approved by more than 75% of the Pyidaungsu Hluttaw, effectively creating a military veto. -
Asian-Parliaments.Pdf
Asian Parliaments Bangladesh Government type: parliamentary democracy unicameral National Parliament or Jatiya Sangsad; 300 seats elected by popular vote from single territorial constituencies (the constitutional amendment reserving 30 seats for women over and above the 300 regular parliament seats expired in May 2001); members serve fiveyear terms elections: last held 1 October 2001 (next to be held no later than January 2007) Bhutan Government type: monarchy; special treaty relationship with India unicameral National Assembly or Tshogdu (150 seats; 105 elected from village constituencies, 10 represent religious bodies, and 35 are designated by the monarch to represent government and other secular interests; members serve threeyear terms) elections: local elections last held August 2005 (next to be held in 2008) Burma Government type: military junta (leader not elected) Unicameral People's Assembly or Pyithu Hluttaw (485 seats; members elected by popular vote to serve fouryear terms) elections: last held 27 May 1990, but Assembly never allowed by junta to convene Cambodia Government type: multiparty democracy under a constitutional monarchy established in September 1993 Bicameral, consists of the National Assembly (123 seats; members elected by popular vote to serve fiveyear terms) and the Senate (61 seats; 2 members appointed by the monarch, 2 elected by the National Assembly, and 57 elected by parliamentarians and commune councils; members serve fiveyear terms) elections: National Assembly last held 27 July 2003 (next to be -
The Pyithu Hluttaw Election Law
The Union of Myanmar The State Peace and Development Council The Pyithu Hluttaw Election Law ( The State Peace and Development Council Law No. 3 / 2010 ) The 9th Waning Day of Taboung, 1371 M.E. ( 8th March, 2010 ) The State Peace and Development Council, in order to elect Pyithu Hluttaw representatives by holding free and fair Multi- party Democracy General Election, hereby enacts the following law in accord with Section 443 of the Constitution of the Republic of the Union of Myanmar. Chapter I Title and Definition 1. This Law shall be called the Pyithu Hluttaw Election Law. 2. The following expressions contained in this Law shall have the meaning given hereunder: (a) Constitution means the Constitution of the Republic of the Union of Myanmar; (b) Hluttaw means the Pyithu Hluttaw; (c) Hluttaw representative means the person who has been elected to the Pyithu Hluttaw or Defence Services personnel Pyithu Hluttaw representative nominated by the Commander- in-Chief Explanation: The expression, member of religious of the Defence Services in accord with the Constitution; order, applies to a religious monk or a (d) Election means the Pyithu Hluttaw Election; member of the religious order while he or she is serving temporarily as such; (e) Constituency means the Pyithu Hluttaw constituency; (ii) in the case of Christians, persons who have been (f) Region or State means the existing respective Division or respective recognized and ordained or assigned duties by the relevant State ; Churches as persons who have dedicated themselves mainly (g)