Myanmar's Suu Kyi against party joining elections
Tue Mar 23, 8:56 am ET
YANGON, Myanmar (AP) – Aung San Suu Kyi is against registering her opposition party for Myanmar's upcoming elections because the ruling junta's restrictions on the vote are "unjust," her lawyer said Tuesday.
Suu Kyi was quoted as saying she would "not even think" of registering her National League for Democracy for the polls — which the government says will be held this year — but stressed she will let the party decide for itself.
The NLD won the last elections held in Myanmar in 1990 by a landslide but was barred by the military from taking power.
The credibility of the upcoming vote has already been called into question. It would suffer even more without the participation of the country's principal opposition party.
Suu Kyi is under house arrest and is effectively barred from running and voting in elections under recent laws enacted by the military-ruled government. One of the laws requires parties to register for the elections or cease to exist.
Her comments came ahead of a crucial meeting Monday in which NLD senior members will decide whether the party registers for the vote.
Although Suu Kyi has been under detention for 14 of the last 20 years, she is still general-secretary of the party and its most dominant figure. The Nobel Peace Prize winner had previously criticized the laws as "repressive" but had not yet given her opinion on what the party should do.
"Personally, I would not even think of registering (the party) under these unjust laws," Suu Kyi said, according to her lawyer Nyan Win who met with her Tuesday at her lakeside villa in Yangon.
She added: "I am not instructing the party or the people. They are free to make their decisions democratically," Nyan Win said.
Suu Kyi's house arrest was extended last year after she was convicted on charges of violating the terms of her detention when an American man swam uninvited to her lakeside property. She is serving an 18-month term of house arrest and many top members of her party and ethnic-based parties are in prison. Under the new laws they would be barred from the vote.
Her comments came hours after Myanmar's highest court refused to accept a lawsuit filed by the NLD seeking to revoke the five election laws, which were enacted earlier this month. The laws set out rules for the vote, but have been widely criticized as designed to keep Suu Kyi out of the race.
One law prohibits anyone convicted of a crime from being a member of a political party and instructs parties to expel convicted members or face de-registration.
Lawyer Kyi Win said the Supreme Court refused to accept the lawsuit, saying it did not have power to handle such a case.
The lawsuit was largely symbolic since Myanmar's courts invariably adhere to the junta's policies, especially on political matters. Nonetheless, Nyan Win said lawyers planned to file a formal complaint against the court's decision to try to have it overturned.
"We are taking the legal step against the electoral laws as they are unfair and the laws are a violation of human rights, personal rights and organizational rights," Nyan Win, who is also the NLD spokesman, said before the attempted lodging of the lawsuit against the ruling State Peace and Development Council, as the junta is formally known.
The junta says the new laws have formally invalidated the results of the 1990 election because the election law under which those polls were held was repealed by the new legislation.
The elections are part of the junta's long-announced "roadmap to democracy," which critics deride as a sham designed to cement the power of the military, which has ruled Myanmar, also known as Burma, since 1962.
The party has written a letter to junta leader Senior Gen. Than Shwe asking its leaders be allowed to have a meeting with Suu Kyi to discuss future policies.
Tue Mar 23, 8:56 am ET
YANGON, Myanmar (AP) – Aung San Suu Kyi is against registering her opposition party for Myanmar's upcoming elections because the ruling junta's restrictions on the vote are "unjust," her lawyer said Tuesday.
Suu Kyi was quoted as saying she would "not even think" of registering her National League for Democracy for the polls — which the government says will be held this year — but stressed she will let the party decide for itself.
The NLD won the last elections held in Myanmar in 1990 by a landslide but was barred by the military from taking power.
The credibility of the upcoming vote has already been called into question. It would suffer even more without the participation of the country's principal opposition party.
Suu Kyi is under house arrest and is effectively barred from running and voting in elections under recent laws enacted by the military-ruled government. One of the laws requires parties to register for the elections or cease to exist.
Her comments came ahead of a crucial meeting Monday in which NLD senior members will decide whether the party registers for the vote.
Although Suu Kyi has been under detention for 14 of the last 20 years, she is still general-secretary of the party and its most dominant figure. The Nobel Peace Prize winner had previously criticized the laws as "repressive" but had not yet given her opinion on what the party should do.
"Personally, I would not even think of registering (the party) under these unjust laws," Suu Kyi said, according to her lawyer Nyan Win who met with her Tuesday at her lakeside villa in Yangon.
She added: "I am not instructing the party or the people. They are free to make their decisions democratically," Nyan Win said.
Suu Kyi's house arrest was extended last year after she was convicted on charges of violating the terms of her detention when an American man swam uninvited to her lakeside property. She is serving an 18-month term of house arrest and many top members of her party and ethnic-based parties are in prison. Under the new laws they would be barred from the vote.
Her comments came hours after Myanmar's highest court refused to accept a lawsuit filed by the NLD seeking to revoke the five election laws, which were enacted earlier this month. The laws set out rules for the vote, but have been widely criticized as designed to keep Suu Kyi out of the race.
One law prohibits anyone convicted of a crime from being a member of a political party and instructs parties to expel convicted members or face de-registration.
Lawyer Kyi Win said the Supreme Court refused to accept the lawsuit, saying it did not have power to handle such a case.
The lawsuit was largely symbolic since Myanmar's courts invariably adhere to the junta's policies, especially on political matters. Nonetheless, Nyan Win said lawyers planned to file a formal complaint against the court's decision to try to have it overturned.
"We are taking the legal step against the electoral laws as they are unfair and the laws are a violation of human rights, personal rights and organizational rights," Nyan Win, who is also the NLD spokesman, said before the attempted lodging of the lawsuit against the ruling State Peace and Development Council, as the junta is formally known.
The junta says the new laws have formally invalidated the results of the 1990 election because the election law under which those polls were held was repealed by the new legislation.
The elections are part of the junta's long-announced "roadmap to democracy," which critics deride as a sham designed to cement the power of the military, which has ruled Myanmar, also known as Burma, since 1962.
The party has written a letter to junta leader Senior Gen. Than Shwe asking its leaders be allowed to have a meeting with Suu Kyi to discuss future policies.
********************************************************
Opposition to sue Myanmar junta over election laws
Tue Mar 23, 3:23 am ET
YANGON, Myanmar (AP) – Myanmar's highest court Tuesday refused to accept a lawsuit by Aung San Suu Kyi's political party seeking to revoke laws that bar the detained leader and other opposition members from taking part in the country's first election in two decades.
Lawyer Kyi Win said the Supreme Court refused to accept the lawsuit, saying it did not have power to handle such a case.
It was unclear what steps if any the party would next take in its efforts to quash five election-related laws the ruling military enacted earlier this month that set out rules for this year's vote. One law prohibits anyone convicted of a crime from being a member of a political party and instructs parties to expel convicted members or face de-registration.
The lawsuit was largely symbolic since Myanmar's courts invariably adhere to the junta's policies, especially on political matters.
The National League for Democracy's general secretary and one of its founders, Suu Kyi was convicted last year on charges of violating her house arrest when an American man swam uninvited to her lakeside property. She is serving an 18-month term of house arrest and many top members of her party and ethnic-based parties are in prison. Under the new laws they would be barred from the vote.
"We are taking the legal step against the electoral laws as they are unfair and the laws are a violation of human rights, personal rights and organizational rights," said Nyan Win, a party spokesman, before the attempted lodging of the lawsuit against the ruling State Peace and Development Council.
The polls will be the first since 1990, when Suu Kyi's party won a landslide victory. The junta ignored the results of that vote and has kept the Nobel Peace laureate jailed or under detention for 14 of the past 20 years.
The junta says the new laws have formally invalidated the results of the 1990 election because the election law under which those polls were held was repealed by the new legislation.
The elections are part of the junta's long-announced "roadmap to democracy," which critics deride as a sham designed to cement the military's power.
No vote date has been set and the NLD has not decided whether it will take part. The party will decide Friday whether to officially register, the first step toward participating in the elections.
The party has also written a letter to junta leader Senior Gen. Than Shwe asking its leaders be allowed to have a meeting with Suu Kyi to discuss future policies.
Tue Mar 23, 3:23 am ET
YANGON, Myanmar (AP) – Myanmar's highest court Tuesday refused to accept a lawsuit by Aung San Suu Kyi's political party seeking to revoke laws that bar the detained leader and other opposition members from taking part in the country's first election in two decades.
Lawyer Kyi Win said the Supreme Court refused to accept the lawsuit, saying it did not have power to handle such a case.
It was unclear what steps if any the party would next take in its efforts to quash five election-related laws the ruling military enacted earlier this month that set out rules for this year's vote. One law prohibits anyone convicted of a crime from being a member of a political party and instructs parties to expel convicted members or face de-registration.
The lawsuit was largely symbolic since Myanmar's courts invariably adhere to the junta's policies, especially on political matters.
The National League for Democracy's general secretary and one of its founders, Suu Kyi was convicted last year on charges of violating her house arrest when an American man swam uninvited to her lakeside property. She is serving an 18-month term of house arrest and many top members of her party and ethnic-based parties are in prison. Under the new laws they would be barred from the vote.
"We are taking the legal step against the electoral laws as they are unfair and the laws are a violation of human rights, personal rights and organizational rights," said Nyan Win, a party spokesman, before the attempted lodging of the lawsuit against the ruling State Peace and Development Council.
The polls will be the first since 1990, when Suu Kyi's party won a landslide victory. The junta ignored the results of that vote and has kept the Nobel Peace laureate jailed or under detention for 14 of the past 20 years.
The junta says the new laws have formally invalidated the results of the 1990 election because the election law under which those polls were held was repealed by the new legislation.
The elections are part of the junta's long-announced "roadmap to democracy," which critics deride as a sham designed to cement the military's power.
No vote date has been set and the NLD has not decided whether it will take part. The party will decide Friday whether to officially register, the first step toward participating in the elections.
The party has also written a letter to junta leader Senior Gen. Than Shwe asking its leaders be allowed to have a meeting with Suu Kyi to discuss future policies.
********************************************************
EarthTimes - Myanmar court rejects opposition challenge to election laws
Posted : Tue, 23 Mar 2010 10:45:44 GMT
Yangon - Myanmar's Supreme Court on Tuesday rejected the main opposition party's challenge to the military government's new election laws, officials said.
The National League for Democracy (NLD), headed by Nobel peace laureate Aung San Suu Kyi, presented its case to the Supreme Court but it was not accepted, the party said in a statement.
The NLD claimed clauses that excluded the participation of Suu Kyi and other political prisoners from the party were unlawful.
Under the Political Party Registration Law promulgated last week, the junta prohibited people currently serving prison terms from being members of political parties.
Suu Kyi, who is serving an 18-month house arrest sentence, must be dropped from the NLD party rolls if it wishes to register within the next 60 days to contest this year's election.
The party has not decided whether it will register. A date forfor the election has not yet been set.
The new laws appear to give the regime the power to control the outcome of the polls.
The junta would appoint an election commission and has established political party registration criteria that exclude the participationof political prisoners, of which there are an estimate 2,100 in Myanmar jails.
The government also announced the official annulment of the 1990 election, which should have brought the NLD to power.
The opposition won that election by a landslide, but the generals refused to hand power to a civilian government, arguing that a new constitution was required first. Myanmar has been ruled by the armysince 1962.
A military-appointed committee took 18 years to finish the latest constitution, which was pushed through in a sham referendum held in May 2008.
The new charter cements military control over any future elected government by making the upper house of the National Parliament a partially junta-appointed body with veto power over legislation.
The junta is expected to hold an election by the end of October, before Suu Kyi completes her current detention sentence.
Posted : Tue, 23 Mar 2010 10:45:44 GMT
Yangon - Myanmar's Supreme Court on Tuesday rejected the main opposition party's challenge to the military government's new election laws, officials said.
The National League for Democracy (NLD), headed by Nobel peace laureate Aung San Suu Kyi, presented its case to the Supreme Court but it was not accepted, the party said in a statement.
The NLD claimed clauses that excluded the participation of Suu Kyi and other political prisoners from the party were unlawful.
Under the Political Party Registration Law promulgated last week, the junta prohibited people currently serving prison terms from being members of political parties.
Suu Kyi, who is serving an 18-month house arrest sentence, must be dropped from the NLD party rolls if it wishes to register within the next 60 days to contest this year's election.
The party has not decided whether it will register. A date forfor the election has not yet been set.
The new laws appear to give the regime the power to control the outcome of the polls.
The junta would appoint an election commission and has established political party registration criteria that exclude the participationof political prisoners, of which there are an estimate 2,100 in Myanmar jails.
The government also announced the official annulment of the 1990 election, which should have brought the NLD to power.
The opposition won that election by a landslide, but the generals refused to hand power to a civilian government, arguing that a new constitution was required first. Myanmar has been ruled by the armysince 1962.
A military-appointed committee took 18 years to finish the latest constitution, which was pushed through in a sham referendum held in May 2008.
The new charter cements military control over any future elected government by making the upper house of the National Parliament a partially junta-appointed body with veto power over legislation.
The junta is expected to hold an election by the end of October, before Suu Kyi completes her current detention sentence.
********************************************************
The Los Angeles Times - Editorial: A sliver of progress in Myanmar
Upcoming elections offer the Obama administration a chance to press its strategy of engagement.
March 22, 2010 | 5:07 p.m.
The Obama administration's strategy of engaging with rogue regimes may have paid off in a small way in Myanmar. The release from prison of a pro-democracy activist doesn't signal that democracy is coming to that oppressed nation, but it does argue for continued contact to keep pressing for desperately needed change.
Naturalized American citizen Nyi Nyi Aung was arrested on spurious charges, sentenced after an unfair trial and mistreated in prison, according to Human Rights Watch. Myanmar's military junta pardoned and deported him last week in what it said was deference to its "bilateral friendship with the United States" and a request by the State Department.
Myanmar, formerly known as Burma, is planning its first parliamentary and local elections in two decades. Opposition leader and Nobel Peace Prize laureate Aung San Suu Kyi has spent 14 of those years under house arrest, one of about 2,200 political prisoners in the country, according to Amnesty International. Suu Kyi's National League for Democracy party won the 1990 general election with a majority of seats in parliament, but was never allowed to take power. To ensure that it never does, the junta has rewritten the nation's constitution and imposed a new election law. Among the changes: Anyone married to a foreigner is disqualified from running for public office. (Suu Kyi is the widow of Briton Michael Aris.) Political prisoners are also disqualified, military control of a bloc of legislative seats and key ministries is guaranteed, and the regime is officially annulling the 1990 election results. Suu Kyi's party is suing the government in response.
The National League for Democracy is right that none of this bodes well for a free and fair vote, and it is understandably concerned that opposition participation in such an election would only serve to legitimize a junta that does not intend to relinquish power. Yet the junta is taking steps that could inadvertently lead to change. It is trying to broaden the private sector -- if only to benefit its cronies -- and improve economic conditions in a country where most live in dire poverty. The new constitution establishes a presidential system of government with a bicameral legislature and 14 regional governments and assemblies.
While maintaining targeted economic sanctions against Myanmar, the United States should use its new, if limited, influence to push for a credible electoral process with the freedom and participation of Suu Kyi and other prisoners of conscience. Representatives of the Assn. of Southeast Asian Nations should be allowed to monitor the vote. The door has opened a crack. The election is an opportunity to try to pry it open further.
Upcoming elections offer the Obama administration a chance to press its strategy of engagement.
March 22, 2010 | 5:07 p.m.
The Obama administration's strategy of engaging with rogue regimes may have paid off in a small way in Myanmar. The release from prison of a pro-democracy activist doesn't signal that democracy is coming to that oppressed nation, but it does argue for continued contact to keep pressing for desperately needed change.
Naturalized American citizen Nyi Nyi Aung was arrested on spurious charges, sentenced after an unfair trial and mistreated in prison, according to Human Rights Watch. Myanmar's military junta pardoned and deported him last week in what it said was deference to its "bilateral friendship with the United States" and a request by the State Department.
Myanmar, formerly known as Burma, is planning its first parliamentary and local elections in two decades. Opposition leader and Nobel Peace Prize laureate Aung San Suu Kyi has spent 14 of those years under house arrest, one of about 2,200 political prisoners in the country, according to Amnesty International. Suu Kyi's National League for Democracy party won the 1990 general election with a majority of seats in parliament, but was never allowed to take power. To ensure that it never does, the junta has rewritten the nation's constitution and imposed a new election law. Among the changes: Anyone married to a foreigner is disqualified from running for public office. (Suu Kyi is the widow of Briton Michael Aris.) Political prisoners are also disqualified, military control of a bloc of legislative seats and key ministries is guaranteed, and the regime is officially annulling the 1990 election results. Suu Kyi's party is suing the government in response.
The National League for Democracy is right that none of this bodes well for a free and fair vote, and it is understandably concerned that opposition participation in such an election would only serve to legitimize a junta that does not intend to relinquish power. Yet the junta is taking steps that could inadvertently lead to change. It is trying to broaden the private sector -- if only to benefit its cronies -- and improve economic conditions in a country where most live in dire poverty. The new constitution establishes a presidential system of government with a bicameral legislature and 14 regional governments and assemblies.
While maintaining targeted economic sanctions against Myanmar, the United States should use its new, if limited, influence to push for a credible electoral process with the freedom and participation of Suu Kyi and other prisoners of conscience. Representatives of the Assn. of Southeast Asian Nations should be allowed to monitor the vote. The door has opened a crack. The election is an opportunity to try to pry it open further.
********************************************************
Malay Mail - Sacked Myanmar workers' plight: Happily heading home
Submitted by pekwan on Tuesday, March 23rd, 2010
Labour Department resolves grouses of the shortchanged foreign employees
NAJIAH NAJIB , Yap Aik Meng
Tuesday, March 23rd, 2010 12:03:00
KUALA LUMPUR: The 26 Myanmar workers who claimed to have been duped by their former employer, an upscale restaurant in Starhill Gallery here, finally had their demands met and will get to return home.
The Malay Mail learnt that negotiations between the workers and Jogoya Restaurant concluded last Wednesday and matters were settled amicably via intervention by the Federal Territories Labour Department and the Malaysian Trades Union Congress (MTUC).
At the end of negotiations, held at the FT Labour office in Wisma Perkeso, Jalan Ampang, Jogoya management agreed to return all levies deducted from the workers’ salaries from April 1, 2009 up until last month.
With each worker’s monthly levy being RM150, total levies deducted for all 26 Myanmar workers for 11 months would have amounted to RM42,900.
Jogoya also agreed to pay the workers their full salaries for January and February 2010 as well as their service points for January, which were previously held back after the restaurant claimed poor performance by the workers.
Jogoya additionally provided full airfare tickets for the workers who had been with the restaurant for more than three years, and a RM250 airfare subsidy for those who worked under three years.
The former employers will present the flight tickets and salaries by tomorrow latest at the FT Labour office after which the workers will depart Malaysia from March 25 to 30. This was confirmed by Jogoya’s legal representative, Alice Lee.
FT Labour Department assistant director Madanjit Singh, who negotiated the deal between the Myanmar workers and Jogoya, told The Malay Mail that employers of foreign workers must be alert to changes made to the law.
“Local employers cannot rely solely on what their employment agents say regarding our Labour laws. The employers have to take it upon themselves to be aware of the changing trends of the law,” he said.
To foreign workers who feel that they may have been duped by their employers here, Madanjit said they should not take the law into their own hands, such as by holding protests and such.
“Foreign workers should report the matter to their respective embassies or the Labour Department instead. Don’t take matters into your own hands because you may lose control of the situation and make the negotiation process more difficult.”
When contacted, a spokesperson for the Myanmar workers, Zar Ni Swe, said the workers were happy their rightful demands have been met.
“It was a long battle for us and we’re glad it is over. Although some of us were offered jobs here by other employers, all of us have chosen to return home to our families,” said the 29-year-old psychology graduate.
On March 15, The Malay Mail front-paged a report on the Myanmar workers' plight resulting from being unlawfully terminated from their job, evicted from their hostel, deprived of two month's wages and their passports, as well as having levies deducted from their salaries and non-payment of service points.
Jogoya also allegedly told the workers to pay a month’s salary (RM1,000) as compensation for “mistakes” committed during work.
Blacklist errant employers, says MTUC
PETALING JAYA: Companies who cheat their foreign workers should be blacklisted rather than negotiated with, said the Malaysian Trades Union Congress (MTUC).
Its secretary-general, G. Rajasekaran, told The Malay Mail he was surprised to learn that the Federal Territories Labour Department had negotiated with Jogoya Restaurant regarding its 26 Myanmar workers, when the former employer should immediately have been brought to book instead.
“The FT Labour Department should detect the breach of contract (by Jogoya) like deducting levies from wages. Workers’ pay must also be paid within seven days and not held back,” said Rajasekaran.
On April 20, 2009, the Peninsular Malaysia Labour Department had issued a circular to employers and embassies, stating that employers could continue to deduct levies from foreign workers’ wages only until their permit expires for the year.
On renewal of the permit, employers should bear the levy cost for foreign workers with no further deductions made for levy purposes.
The circular states employers are not permitted to deduct wages for the levy payment of workers recruited after April 1, 2009.
Previously, Jogoya had claimed they were unaware of the circular by the Labour Department. They claimed their employment agent had informed them it was permissable to deduct levy from their workers’ salaries.
But the workers disputed this. One of the 26 Myanmar workers, Zar Ni Swe, 29, told The Paper That Cares that the workers had obtained a copy of the circular and had handed a copy to the management. However, she claimed the management ignored it.
On this, Rajasekaran said such companies should be blacklisted and prohibited from bringing in foreign workers to avoid a repeat of the same situation to future employees.
Actions taken against these companies should be published in the media as a deterrent to others, he said.
“When foreign workers are mistreated, they don’t dare complain because they are usually threatened by their employers. If the Labour Department wants a list of such employers, MTUC is ready to hand it to them.”
He said MTUC had objected to employee outsourcing companies championed by the Malaysia government three years ago, but to date, 270 such licenses have been issued with 70 per cent of the licensees being in Kuala Lumpur and Selangor.
Chronology of events
● March 9: The Malay Mail, alerted by a source that 26 Myanmar workers were “unlawfully fired” by their employer and given a week’s notice to move out from their hostel, visited the workers at their quarters in Jalan Changkat Thamby Dollah, Kuala Lumpur, to hear their story.
● March 10: The Malay Mail went to Jogoya Restaurant to seek clarification from its management but was rudely turned away when one of its staff saw our photographer taking photos in front of the restaurant. Meanwhile, 10 out of the 26 Myanmar workers sought help from Yan Naing Tun, an information officer from Burma Campaign Malaysia, a non-governmental organisation. Naing Tun brought the workers to the Malaysian Trades Union Congress (MTUC) office where senior industrial relations officer Peter Kandiah attended to their case.
● March 11: Kandiah and Naing Tun brought the workers to the Federal Territories Labour Department office. At noon the same day, along with FT Labour Department assistant director Madanjit Singh and four other officers, the group and The Malay Mail went to the restaurant in Starhill Gallery to demand the workers’ passports and unpaid wages from the management.
Drama broke out when a Jogoya senior management staff was seen trying to escape through a back door upon seeing the Labour Department officers. Despite one of the Myanmar workers giving chase, the Labour officers failed to meet with the management.
Madanjit then asked the restaurant, through its head chef, to send its representatives to the Labour Department office at 3pm to clarify themselves. From there on, negotiations began. The department ordered Jogoya to return all of the 26 workers’ passports, failing which the restaurant will be brought to book.
● March 15: Jogoya returned all 26 passports to the workers at the FT Labour office but refused to pay their February wages, claiming the workers had failed to show up for work during the period when they had protested against the restaurant's treatment of them. Negotiations further ensued.
● March 17: Negotiations concluded with the employer agreeing to pay for the workers’ airfare, their January and February wages as well as January's service points.
Submitted by pekwan on Tuesday, March 23rd, 2010
Labour Department resolves grouses of the shortchanged foreign employees
NAJIAH NAJIB , Yap Aik Meng
Tuesday, March 23rd, 2010 12:03:00
KUALA LUMPUR: The 26 Myanmar workers who claimed to have been duped by their former employer, an upscale restaurant in Starhill Gallery here, finally had their demands met and will get to return home.
The Malay Mail learnt that negotiations between the workers and Jogoya Restaurant concluded last Wednesday and matters were settled amicably via intervention by the Federal Territories Labour Department and the Malaysian Trades Union Congress (MTUC).
At the end of negotiations, held at the FT Labour office in Wisma Perkeso, Jalan Ampang, Jogoya management agreed to return all levies deducted from the workers’ salaries from April 1, 2009 up until last month.
With each worker’s monthly levy being RM150, total levies deducted for all 26 Myanmar workers for 11 months would have amounted to RM42,900.
Jogoya also agreed to pay the workers their full salaries for January and February 2010 as well as their service points for January, which were previously held back after the restaurant claimed poor performance by the workers.
Jogoya additionally provided full airfare tickets for the workers who had been with the restaurant for more than three years, and a RM250 airfare subsidy for those who worked under three years.
The former employers will present the flight tickets and salaries by tomorrow latest at the FT Labour office after which the workers will depart Malaysia from March 25 to 30. This was confirmed by Jogoya’s legal representative, Alice Lee.
FT Labour Department assistant director Madanjit Singh, who negotiated the deal between the Myanmar workers and Jogoya, told The Malay Mail that employers of foreign workers must be alert to changes made to the law.
“Local employers cannot rely solely on what their employment agents say regarding our Labour laws. The employers have to take it upon themselves to be aware of the changing trends of the law,” he said.
To foreign workers who feel that they may have been duped by their employers here, Madanjit said they should not take the law into their own hands, such as by holding protests and such.
“Foreign workers should report the matter to their respective embassies or the Labour Department instead. Don’t take matters into your own hands because you may lose control of the situation and make the negotiation process more difficult.”
When contacted, a spokesperson for the Myanmar workers, Zar Ni Swe, said the workers were happy their rightful demands have been met.
“It was a long battle for us and we’re glad it is over. Although some of us were offered jobs here by other employers, all of us have chosen to return home to our families,” said the 29-year-old psychology graduate.
On March 15, The Malay Mail front-paged a report on the Myanmar workers' plight resulting from being unlawfully terminated from their job, evicted from their hostel, deprived of two month's wages and their passports, as well as having levies deducted from their salaries and non-payment of service points.
Jogoya also allegedly told the workers to pay a month’s salary (RM1,000) as compensation for “mistakes” committed during work.
Blacklist errant employers, says MTUC
PETALING JAYA: Companies who cheat their foreign workers should be blacklisted rather than negotiated with, said the Malaysian Trades Union Congress (MTUC).
Its secretary-general, G. Rajasekaran, told The Malay Mail he was surprised to learn that the Federal Territories Labour Department had negotiated with Jogoya Restaurant regarding its 26 Myanmar workers, when the former employer should immediately have been brought to book instead.
“The FT Labour Department should detect the breach of contract (by Jogoya) like deducting levies from wages. Workers’ pay must also be paid within seven days and not held back,” said Rajasekaran.
On April 20, 2009, the Peninsular Malaysia Labour Department had issued a circular to employers and embassies, stating that employers could continue to deduct levies from foreign workers’ wages only until their permit expires for the year.
On renewal of the permit, employers should bear the levy cost for foreign workers with no further deductions made for levy purposes.
The circular states employers are not permitted to deduct wages for the levy payment of workers recruited after April 1, 2009.
Previously, Jogoya had claimed they were unaware of the circular by the Labour Department. They claimed their employment agent had informed them it was permissable to deduct levy from their workers’ salaries.
But the workers disputed this. One of the 26 Myanmar workers, Zar Ni Swe, 29, told The Paper That Cares that the workers had obtained a copy of the circular and had handed a copy to the management. However, she claimed the management ignored it.
On this, Rajasekaran said such companies should be blacklisted and prohibited from bringing in foreign workers to avoid a repeat of the same situation to future employees.
Actions taken against these companies should be published in the media as a deterrent to others, he said.
“When foreign workers are mistreated, they don’t dare complain because they are usually threatened by their employers. If the Labour Department wants a list of such employers, MTUC is ready to hand it to them.”
He said MTUC had objected to employee outsourcing companies championed by the Malaysia government three years ago, but to date, 270 such licenses have been issued with 70 per cent of the licensees being in Kuala Lumpur and Selangor.
Chronology of events
● March 9: The Malay Mail, alerted by a source that 26 Myanmar workers were “unlawfully fired” by their employer and given a week’s notice to move out from their hostel, visited the workers at their quarters in Jalan Changkat Thamby Dollah, Kuala Lumpur, to hear their story.
● March 10: The Malay Mail went to Jogoya Restaurant to seek clarification from its management but was rudely turned away when one of its staff saw our photographer taking photos in front of the restaurant. Meanwhile, 10 out of the 26 Myanmar workers sought help from Yan Naing Tun, an information officer from Burma Campaign Malaysia, a non-governmental organisation. Naing Tun brought the workers to the Malaysian Trades Union Congress (MTUC) office where senior industrial relations officer Peter Kandiah attended to their case.
● March 11: Kandiah and Naing Tun brought the workers to the Federal Territories Labour Department office. At noon the same day, along with FT Labour Department assistant director Madanjit Singh and four other officers, the group and The Malay Mail went to the restaurant in Starhill Gallery to demand the workers’ passports and unpaid wages from the management.
Drama broke out when a Jogoya senior management staff was seen trying to escape through a back door upon seeing the Labour Department officers. Despite one of the Myanmar workers giving chase, the Labour officers failed to meet with the management.
Madanjit then asked the restaurant, through its head chef, to send its representatives to the Labour Department office at 3pm to clarify themselves. From there on, negotiations began. The department ordered Jogoya to return all of the 26 workers’ passports, failing which the restaurant will be brought to book.
● March 15: Jogoya returned all 26 passports to the workers at the FT Labour office but refused to pay their February wages, claiming the workers had failed to show up for work during the period when they had protested against the restaurant's treatment of them. Negotiations further ensued.
● March 17: Negotiations concluded with the employer agreeing to pay for the workers’ airfare, their January and February wages as well as January's service points.
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The Hindu - Opinion: Tale of two military-crafted statutes
P.S. Suryanarayana
Monday, Mar 22, 2010
P.S. Suryanarayana
Monday, Mar 22, 2010
While the focus of the continuing protest in Thailand is how to change a military-drafted Constitution, Myanmar's junta is busy in rolling out poll rules.
Will Myanmar's National League for Democracy (NLD) think the unthinkable and participate in the flawed polls being promised by the military rulers? More precisely, will the opposition NLD do so by distancing itself from its long-incarcerated leader, Aung San Suu Kyi, who is still under house arrest?
Elsewhere in East Asia, will Thailand's civilian Prime Minister, Abhisit Vejjajiva, distance himself from the military bloc, which holds the balance of power? These seemingly unrelated questions point to a somewhat shared reality: the military's shadow in both Thailand and Myanmar over their respective politics.
Obviously, the military's stranglehold on civilian politics is not as acute in present-day Thailand as it has been in Myanmar for a long time. But the current Thai crisis flows from the perceived role of the military leaders in propping up a civilian government under a Constitution they drafted in 2007.
By Sunday (March 21), as the Thai protesters kept up a relentless but peaceful campaign, Mr. Abhisit offered dialogue: statute changes being one of the issues. He is also not insisting that he should first be allowed to complete his current term, due to end late in 2011. While the focus of protest in Thailand is how to change a military-crafted Constitution, Myanmar's junta is still busy in rolling our rules under its blueprint.
For long under the heels of unelected military rulers, Myanmar is virtually a byword for opaque national politics behind a bamboo curtain in this space age. Equally, Ms Suu Kyi, the indomitable campaigner for a peaceful power-shift from military dictatorship to representative governance, is a democracy icon. It is this aspect that won her the Nobel Peace Prize.
The State Peace and Development Council (SPDC), Myanmar's current junta, has recently promulgated decrees for polls under “a roadmap of democracy.” The SPDC is widely seen to have responded to long years of international sanctions and peer-pressure from within the ASEAN bloc. Yet, the Myanmar junta has had no intention of going the whole hog towards a system of truly representative politics. And, the poll decrees reflect the fear of the military generals that Ms Suu Kyi can turn the tide against them in a level-playing political field.
Unsurprisingly, the SPDC has decreed that no individual can stand for election if he or she has been convicted and sentenced by a court of law. Not only that. No such person can be a leader or even a member of a political party, if it is to participate in the polls at a date yet to be specified. And above all, no group of persons, including an existing political party such as the NLD, can register itself with a “convict” as a leader or even a member. Moreover, a formal registration under these new “rules and regulations” is required if a party is to nominate candidates for the promised polls. So, it is no secret that the SPDC's singular purpose is to keep both Ms. Suu Kyi and the NLD or just her away from the new “road towards democracy.” Her current term of house arrest is an executive-modified version of a much harsher court sentence. She was found “guilty” of having violated the conditions of her previous term of house arrest.
On two counts, Ms. Suu Kyi's current ordeal fits the taboos under Myanmar's latest poll laws and vice versa. She has lived under detention, including some time in prison, for over 14 years in the two decades since her NLD triumphed in the last polls in 1990. And, every schoolboy knows that she was not allowed by Myanmar's military establishment to form a government on the basis of the 1990-poll results. Of greater relevance today, though, is that her current detention is the first such action against her on the basis of a trial in a court and a related “guilty” verdict. All her previous terms of detentions were not the result of any trial or “conviction” in a court. They were simply based on the executive order of the junta. Secondly in this sub-text, the NLD and its lawyers have so far failed in their efforts to get her current “conviction” overturned by the apex court. This aspect, too, can be seen to fit Myanmar's latest poll-related taboos and vice versa.
Existential dilemma
Such an ambience gives Ms. Suu Kyi no elbow room for political activity and forces the NLD to face an existential dilemma. The inevitable question is whether the NLD, which cannot get the poll decrees altered, sign its own death warrant by not abandoning Ms. Suu Ky. Illustrative of the dilemma are the answers that two NLD leaders in Yangon have given this correspondent in recent phone-in calls.
Octogenarian Tin Oo, only recently released from house arrest, said: “The NLD's Central Executive Committee (CEC) will hold a very decisive meeting [on this issue] on March 29. We will very seriously discuss the pros and cons of whether to enrol [the NLD] or not [for the junta-promised polls this year]. There is speculation [that the NLD may opt to enrol without Ms. Suu Kyi in its fold]. We will reserve our [March 29] resolution for her [consideration]. The resolution is to be based on a harmonious decision [by the CEC]. She has [of course] told us she will comply with the CEC's resolution [when passed]. But [the NLD knows that] Aung San Suu Kyi is not an ordinary lady. She is the prestigious leader of our democratic cause and struggle. She is universal [in her political appeal].”
Spelling out a further nuance of this existential dilemma, the NLD spokesman, Nyan Win, said “Ms. Suu Kyi does not like the Constitution.” He was referring to the statute which the junta declared ratified in a referendum that was held when Myanmar was reeling under the impact of Cyclone Nargis. “And, she does not like the [promised] election” under this Constitution and the new poll rules, said Nyan Win, her political associate. Yet, “she will respect the party's [prospective] decision” on whether the NLD should now agree to participate in the flawed polls the junta might hold.
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The Irrawaddy - Dissident Groups Call for UN Security Council Burma Session
By KYAW THEIN KHA - Tuesday, March 23, 2010
More than 150 Burmese dissident groups, local and in exile, called on the United Nations Security Council on Tuesday to hold an “urgent discussion” on Burma and appealed to China not to use its veto.
A three-page statement was sent to the UN Security Council and Chinese embassies around the world, appealing for support for the people of Burma.
“The UN Security Council needs to take action on the Burmese military government,” said Myo Thein, director of the Burma Democratic Concern, one of the groups signing the appeal. “We call on the UNSC for an urgent discussion about Burma and on China to support the UNSC's decision and not to use its veto.”
Other groups joining the appeal include the Canadian Campaign for Free Burma, Free Burma Federation, Democratic Federation of Burma, All Burma Students League, Burma Political Prisoners Union, Denmark's Aktiongruppe for Demokratii Burma and the Burma Democratic Concern.
UN Secretary-General Ban Ki-moon will convene a meeting of the Group of Friends of Burma on March 25.
The Group of Friends of Burma was formed in December 2007 and comprises representatives of Australia, Britain, China, France, India, Indonesia, Japan, Norway, Russia, Singapore, Thailand, the US and Vietnam, as well as the country holding the presidency of the European Union.
“We strongly support the meeting with the Friends of Burma,” said Myo Thein. “But it's not enough for solving the problems of Burma. The problems of Burma should be solved at UN Security Council level.”
By KYAW THEIN KHA - Tuesday, March 23, 2010
More than 150 Burmese dissident groups, local and in exile, called on the United Nations Security Council on Tuesday to hold an “urgent discussion” on Burma and appealed to China not to use its veto.
A three-page statement was sent to the UN Security Council and Chinese embassies around the world, appealing for support for the people of Burma.
“The UN Security Council needs to take action on the Burmese military government,” said Myo Thein, director of the Burma Democratic Concern, one of the groups signing the appeal. “We call on the UNSC for an urgent discussion about Burma and on China to support the UNSC's decision and not to use its veto.”
Other groups joining the appeal include the Canadian Campaign for Free Burma, Free Burma Federation, Democratic Federation of Burma, All Burma Students League, Burma Political Prisoners Union, Denmark's Aktiongruppe for Demokratii Burma and the Burma Democratic Concern.
UN Secretary-General Ban Ki-moon will convene a meeting of the Group of Friends of Burma on March 25.
The Group of Friends of Burma was formed in December 2007 and comprises representatives of Australia, Britain, China, France, India, Indonesia, Japan, Norway, Russia, Singapore, Thailand, the US and Vietnam, as well as the country holding the presidency of the European Union.
“We strongly support the meeting with the Friends of Burma,” said Myo Thein. “But it's not enough for solving the problems of Burma. The problems of Burma should be solved at UN Security Council level.”
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Vietnamese journalists to visit Burma
Tuesday, 23 March 2010 20:46 Min Thet
Rangoon (Mizzima) - Sixteen journalists from Vietnam will come to Burma on March 25 for three days. The journalists will write about Burmese culture and the natural beauty of the country, according to tourism companies in Rangoon and the Union of Myanmar Travel Association.
“The journalists will come to record tourism related subjects. They will record Burmese culture and the natural beauty to promote tourism in Myanmar,” said a director of a tourism company in Rangoon.
Rubyland Tourism Services Co. Ltd will sponsor the trip. It will take them to interesting tourist spots in Burma.
An officer of the Myanmar Travel Association felt that the trip may be a move by the junta to allow the Vietnamese journalists to observe the run up to the forthcoming election. This may be the first step, and then they can come back again, during the election.
"The journalists know that the election law has been announced. So, while covering tourism, they will try to find out about the political changes in Myanmar, and people’s opinion of the election,” said an experienced editor in Rangoon.
Meanwhile, from March 2, Vietnam Airlines has started a service between Rangoon and Vietnam four times a week.
At the press conference on March 2 in Chatrium Hotel in Rangoon, Vietnam Airlines executive Vice President Duong Tri Thanh told domestic and foreign journalists that one of the objectives of starting the service between Rangoon and Vietnam was to provide opportunities for mutual visits to journalists from the two countries.
Both Burma and Vietnam have been listed this year among 12 countries that are "Enemies of the Internet" by Reporters Without Borders on March 12, which marks the World Day Against Cyber Censorship.
Tuesday, 23 March 2010 20:46 Min Thet
Rangoon (Mizzima) - Sixteen journalists from Vietnam will come to Burma on March 25 for three days. The journalists will write about Burmese culture and the natural beauty of the country, according to tourism companies in Rangoon and the Union of Myanmar Travel Association.
“The journalists will come to record tourism related subjects. They will record Burmese culture and the natural beauty to promote tourism in Myanmar,” said a director of a tourism company in Rangoon.
Rubyland Tourism Services Co. Ltd will sponsor the trip. It will take them to interesting tourist spots in Burma.
An officer of the Myanmar Travel Association felt that the trip may be a move by the junta to allow the Vietnamese journalists to observe the run up to the forthcoming election. This may be the first step, and then they can come back again, during the election.
"The journalists know that the election law has been announced. So, while covering tourism, they will try to find out about the political changes in Myanmar, and people’s opinion of the election,” said an experienced editor in Rangoon.
Meanwhile, from March 2, Vietnam Airlines has started a service between Rangoon and Vietnam four times a week.
At the press conference on March 2 in Chatrium Hotel in Rangoon, Vietnam Airlines executive Vice President Duong Tri Thanh told domestic and foreign journalists that one of the objectives of starting the service between Rangoon and Vietnam was to provide opportunities for mutual visits to journalists from the two countries.
Both Burma and Vietnam have been listed this year among 12 countries that are "Enemies of the Internet" by Reporters Without Borders on March 12, which marks the World Day Against Cyber Censorship.
********************************************************
Burma’s election process flawed from start
Tuesday, 23 March 2010 15:58 Larry Jagan
Bangkok (Mizzima) - Even though Burma’s election laws are still being rolled out, many in the Burmese opposition movement abroad have already decided that the forthcoming elections will not be free or fair. But many inside the country seem to feel that although flawed, these elections may provide an opening to create some political space and encourage reforms.
“We do not have the luxury of missing this chance,” Dr Nay Win Maung, co-founder of the Rangoon-based NGO, EGRESS and a newspaper proprietor, said in the sidelines of a seminar on Burma at Chulalongkorn University. “We must accept this opportunity to claw some improvements out of the regime, even if it’s only an inch.”
During times of change and uncertainty, the Burmese military regime can be caught off guard and surprised by the turn of events, and for some activists like the academic and former student leader Aung Naing Oo, this election may be one of those times. He believes the opposition, including the ethnic groups, should seize the opportunities that it presents. “But make no mistake this election process is not about democracy, it is Than Shwe’s aim through these elections to civilianise the government, but not to hand over power to an elected civilian regime,” he said.
This is one of the few things that analysts inside Burma and foreign experts seem to agree on. “The military wants to civilianise itself -- as in 1974 -- through the election process, but hold onto power indefinitely, as has been evident since 1962 when Ne Win seized power,” Professor David Steinberg, a Burma expert at George Washington University told Mizzima.
In the meantime the National League for Democracy (NLD), which convincingly won the last elections in 1990 but was never allowed to take power, faces the tough choice of whether to re-register as a political party and contest the polls or boycott the elections altogether. Unlike 1990, when the party belatedly entered the fray, this time they would have to do so without their charismatic leader Aung San Suu Kyi, as under the new political parties’ law activists serving “prison sentences” are prohibited from being members of any party or running for office.
Last year Aung San Suu Kyi was convicted on charges of violating her house arrest when an American man swam uninvited to her lakeside home. She has spent more than 14 of the past 21 years in detention, and is currently serving 18-months under house arrest. Her lawyers say she is considering submitting a final appeal to the Supreme Court, but is yet to do so.
“The main aim of the junta’s election laws is clearly to emasculate the NLD and prevent their leader Daw Aung San Suu Kyi from taking any part in the forthcoming electoral process,” said the British Burma expert and biographer of the pro-democracy icon, Justin Wintle.
Of course the government media has been quick to dismiss this suggestion. “Some say the law is designed to ban a certain person from contesting election,” said a commentary, “Road Map to Democracy”, which ran in all the state-run newspapers earlier this week. “If it is intended for the said person, an article would have been referred to a specific crime so that the person will be banned from the election forever.”
Any convicted criminals are free to join political parties when they are released, unlike Burma’s first constitution which barred convicted persons from being members of parliament in the five years after their release, said the commentary.
“Aung San Suu Kyi remains a massive thorn in the junta’s side,” said the former British Ambassador to Rangoon, Martin Morland. “No matter what they try to do to silence and marginalise her, she remains the ‘elephant in the room’ constantly exuding sweet reason – even in the court-room,” he told Mizzima recently.
But the NLD will have to ditch her, at least temporarily, if they are to contest these elections. The party’s central executive committee meets early next week to decide what to do. Many top NLD members favour re-registering and fighting the polls. Many in the international community understand the difficult dilemma the opposition parties face.
“If they [the democratic opposition and Burma's ethnic group] participate in the elections they risk legitimising a process they know to be flawed. Boycott the elections and they risk further marginalisation and exclusion from the political process,” a junior foreign office minister, Ivan Lewis, told the British parliament earlier this year.
That is exactly what the NLD will have to decide. But many inside Burma continue to insist the elections are an opportunity that cannot be ignored.
“Darkness has already covered us,” said social researcher and former political prisoner, Khin Zaw Win. “We have already lost more than 20 years and the people will only suffer more if we miss this opportunity.”
“People don't like the current military government of Burma,” a leader of the newly formed Democratic Party, Thu Wai recently told journalists in Chiang Mai. “Now we have a chance to change it by voting in the forthcoming elections.”
“These laws lay down relatively fair conditions for the election,” he said. The registration fee for each party – 300,000 kyat (or $ 300) -- is comparatively cheap, and more crucially the fee for candidates to register to run in the elections is 500,000 ($ 500) far below what was being predicted. Many politicians preparing for the elections had feared it would be at least $ 2,000.
“The most important condition is that the counting will take place at the polling stations, and the result announced there,” said a Burmese political pundit, who cannot be identified as it is still against the law in the country to comment on the election.
The count, as in 1990, will also take place in front of local scrutineers as representatives of all candidates will be allowed to watch the count and make sure there are no irregularities. This means that it will be harder for the regime to manipulate the results, like in the 2008 referendum, according to many analysts inside Burma.
Burma does have a history of free elections. In 1960 and again in 1990, there was no rigging of the vote. Once ballots were cast their integrity was respected. But some analysts fear that this may not be the case this time round.
“The problem is that with the military command structure and social hierarchy in Burma, many of the lower ranks may assume that it is necessary to ensure compliance with what they believe the leadership wants and thus tamper with the process, even if there is no clear order from the top to ensure the desired results,” said Professor Steinberg.
Bu in the end though the regime seems to be counting on setting up the conditions before hand so that they don’t have to manipulate the votes after they have been cast. “The junta is trying to win this election in such a way that it doesn't have to resort to crude vote-rigging come polling day,” warned Mr Wintle.
“Compared to many other international examples, the electoral laws would not be judged as particularly unfair,” a western diplomat based in Rangoon told Mizzima on condition of annoymity. “But it’s the context that matters -- a heavily controlled constitution-drafting process, a constitution in favour of the military, a sham referendum result, and 20 years of determined deterrence to would-be political actors,” she said.
Within this context, it is not unexpected that most analysts, diplomats and observers are reluctant to give the regime the benefit of doubt. So much in practice may in fact depend on the group of individuals who have been selected by the junta to oversee the election – the new Election Commission.
“The Election Commission has, as in many democratic elections elsewhere, been given a large degree of authority,” said a western diplomat who covers Burma. “The difference here is that the authority they have is superficial -- their authority will be limited to issuing decisions made behind the scenes at a higher level.”
There is little known about the 17 members of the electoral commission who were recently appointed, except from the president Thein Soe. He was a Vice Chief Justice of Burma’s Supreme Court and former Military Judge Advocate General – very much a military man, though no longer actually in uniform. Among the other members are also former military officers, judges, professors and a retired ambassador. Academics, civil servants and the judiciary have not all been severely cowed under the repressive military regime so are unlikely to try to be independent and much more likely to follow the instructions of the junta leaders.
Since 1962, and particularly since 1988, no court judgement in Burma has gone against the military regime. So there is no reason to assume their behaviour will change now. The previous election commission actually dismissed Aung San Suu Kyi as the National League for Democracy’s Secretary General, but the party ignored the instruction and she carried on in that role – even during her long periods of house arrest.
Now if they want to contest the next elections, they will have to be vetted by the new election commissioners. “The commission shall invite and interrogate any persons and examine relevant documents of anyone wishing to stand for election before accepting or rejecting their nomination,” says the election by-laws issued by the commission last week. Thus giving them enormous control over who is allowed to stand for election.
“They will certainly closely scrutinize anyone that the regime objects to and find ways of disqualifying them,” said a senior member of the Burmese pro-democracy movement in Thailand, Zin Linn.
“General Than Shwe has given the Election Commission extraordinary powers,” said the Australian MP, Janelle Saffin – Burma expert and constitutional lawyer. “The Election Commission is judge, jury, and final arbiter, in most matters. And it can involve itself in the internal matters of political parties,” she told Mizzima.
“And worse of all there is no possible appeal to an independent court -- the Commissioners can in effect do what they like with impunity,” she concluded.
So even if Aung San Suu Kyi is prevented from taking part in the elections, this in itself will not make the elections unfair or not free. They would certainly not be inclusive or credible.
What the electoral laws reveal is that the regime is putting into place systems whereby they can effectively control the results – even without actually rigging the vote.
The Election Commission is going to be the problem – as they can effectively determine the result and claim to be doing it on quasi-legal grounds.
But that apart, many academic, liberals and political activists are advocating giving the elections a chance. “It we don’t take this opportunity, we are denying the electors a choice,” said Dr Nay Win Maung. “And in so doing we are condemning the country to more decades of military rule.”
By participating in the elections, it will help to the creation of a “liberal authoritarianism” rather than pure military rule – and although imperfect – that would be better than the status quo, he said.
Tuesday, 23 March 2010 15:58 Larry Jagan
Bangkok (Mizzima) - Even though Burma’s election laws are still being rolled out, many in the Burmese opposition movement abroad have already decided that the forthcoming elections will not be free or fair. But many inside the country seem to feel that although flawed, these elections may provide an opening to create some political space and encourage reforms.
“We do not have the luxury of missing this chance,” Dr Nay Win Maung, co-founder of the Rangoon-based NGO, EGRESS and a newspaper proprietor, said in the sidelines of a seminar on Burma at Chulalongkorn University. “We must accept this opportunity to claw some improvements out of the regime, even if it’s only an inch.”
During times of change and uncertainty, the Burmese military regime can be caught off guard and surprised by the turn of events, and for some activists like the academic and former student leader Aung Naing Oo, this election may be one of those times. He believes the opposition, including the ethnic groups, should seize the opportunities that it presents. “But make no mistake this election process is not about democracy, it is Than Shwe’s aim through these elections to civilianise the government, but not to hand over power to an elected civilian regime,” he said.
This is one of the few things that analysts inside Burma and foreign experts seem to agree on. “The military wants to civilianise itself -- as in 1974 -- through the election process, but hold onto power indefinitely, as has been evident since 1962 when Ne Win seized power,” Professor David Steinberg, a Burma expert at George Washington University told Mizzima.
In the meantime the National League for Democracy (NLD), which convincingly won the last elections in 1990 but was never allowed to take power, faces the tough choice of whether to re-register as a political party and contest the polls or boycott the elections altogether. Unlike 1990, when the party belatedly entered the fray, this time they would have to do so without their charismatic leader Aung San Suu Kyi, as under the new political parties’ law activists serving “prison sentences” are prohibited from being members of any party or running for office.
Last year Aung San Suu Kyi was convicted on charges of violating her house arrest when an American man swam uninvited to her lakeside home. She has spent more than 14 of the past 21 years in detention, and is currently serving 18-months under house arrest. Her lawyers say she is considering submitting a final appeal to the Supreme Court, but is yet to do so.
“The main aim of the junta’s election laws is clearly to emasculate the NLD and prevent their leader Daw Aung San Suu Kyi from taking any part in the forthcoming electoral process,” said the British Burma expert and biographer of the pro-democracy icon, Justin Wintle.
Of course the government media has been quick to dismiss this suggestion. “Some say the law is designed to ban a certain person from contesting election,” said a commentary, “Road Map to Democracy”, which ran in all the state-run newspapers earlier this week. “If it is intended for the said person, an article would have been referred to a specific crime so that the person will be banned from the election forever.”
Any convicted criminals are free to join political parties when they are released, unlike Burma’s first constitution which barred convicted persons from being members of parliament in the five years after their release, said the commentary.
“Aung San Suu Kyi remains a massive thorn in the junta’s side,” said the former British Ambassador to Rangoon, Martin Morland. “No matter what they try to do to silence and marginalise her, she remains the ‘elephant in the room’ constantly exuding sweet reason – even in the court-room,” he told Mizzima recently.
But the NLD will have to ditch her, at least temporarily, if they are to contest these elections. The party’s central executive committee meets early next week to decide what to do. Many top NLD members favour re-registering and fighting the polls. Many in the international community understand the difficult dilemma the opposition parties face.
“If they [the democratic opposition and Burma's ethnic group] participate in the elections they risk legitimising a process they know to be flawed. Boycott the elections and they risk further marginalisation and exclusion from the political process,” a junior foreign office minister, Ivan Lewis, told the British parliament earlier this year.
That is exactly what the NLD will have to decide. But many inside Burma continue to insist the elections are an opportunity that cannot be ignored.
“Darkness has already covered us,” said social researcher and former political prisoner, Khin Zaw Win. “We have already lost more than 20 years and the people will only suffer more if we miss this opportunity.”
“People don't like the current military government of Burma,” a leader of the newly formed Democratic Party, Thu Wai recently told journalists in Chiang Mai. “Now we have a chance to change it by voting in the forthcoming elections.”
“These laws lay down relatively fair conditions for the election,” he said. The registration fee for each party – 300,000 kyat (or $ 300) -- is comparatively cheap, and more crucially the fee for candidates to register to run in the elections is 500,000 ($ 500) far below what was being predicted. Many politicians preparing for the elections had feared it would be at least $ 2,000.
“The most important condition is that the counting will take place at the polling stations, and the result announced there,” said a Burmese political pundit, who cannot be identified as it is still against the law in the country to comment on the election.
The count, as in 1990, will also take place in front of local scrutineers as representatives of all candidates will be allowed to watch the count and make sure there are no irregularities. This means that it will be harder for the regime to manipulate the results, like in the 2008 referendum, according to many analysts inside Burma.
Burma does have a history of free elections. In 1960 and again in 1990, there was no rigging of the vote. Once ballots were cast their integrity was respected. But some analysts fear that this may not be the case this time round.
“The problem is that with the military command structure and social hierarchy in Burma, many of the lower ranks may assume that it is necessary to ensure compliance with what they believe the leadership wants and thus tamper with the process, even if there is no clear order from the top to ensure the desired results,” said Professor Steinberg.
Bu in the end though the regime seems to be counting on setting up the conditions before hand so that they don’t have to manipulate the votes after they have been cast. “The junta is trying to win this election in such a way that it doesn't have to resort to crude vote-rigging come polling day,” warned Mr Wintle.
“Compared to many other international examples, the electoral laws would not be judged as particularly unfair,” a western diplomat based in Rangoon told Mizzima on condition of annoymity. “But it’s the context that matters -- a heavily controlled constitution-drafting process, a constitution in favour of the military, a sham referendum result, and 20 years of determined deterrence to would-be political actors,” she said.
Within this context, it is not unexpected that most analysts, diplomats and observers are reluctant to give the regime the benefit of doubt. So much in practice may in fact depend on the group of individuals who have been selected by the junta to oversee the election – the new Election Commission.
“The Election Commission has, as in many democratic elections elsewhere, been given a large degree of authority,” said a western diplomat who covers Burma. “The difference here is that the authority they have is superficial -- their authority will be limited to issuing decisions made behind the scenes at a higher level.”
There is little known about the 17 members of the electoral commission who were recently appointed, except from the president Thein Soe. He was a Vice Chief Justice of Burma’s Supreme Court and former Military Judge Advocate General – very much a military man, though no longer actually in uniform. Among the other members are also former military officers, judges, professors and a retired ambassador. Academics, civil servants and the judiciary have not all been severely cowed under the repressive military regime so are unlikely to try to be independent and much more likely to follow the instructions of the junta leaders.
Since 1962, and particularly since 1988, no court judgement in Burma has gone against the military regime. So there is no reason to assume their behaviour will change now. The previous election commission actually dismissed Aung San Suu Kyi as the National League for Democracy’s Secretary General, but the party ignored the instruction and she carried on in that role – even during her long periods of house arrest.
Now if they want to contest the next elections, they will have to be vetted by the new election commissioners. “The commission shall invite and interrogate any persons and examine relevant documents of anyone wishing to stand for election before accepting or rejecting their nomination,” says the election by-laws issued by the commission last week. Thus giving them enormous control over who is allowed to stand for election.
“They will certainly closely scrutinize anyone that the regime objects to and find ways of disqualifying them,” said a senior member of the Burmese pro-democracy movement in Thailand, Zin Linn.
“General Than Shwe has given the Election Commission extraordinary powers,” said the Australian MP, Janelle Saffin – Burma expert and constitutional lawyer. “The Election Commission is judge, jury, and final arbiter, in most matters. And it can involve itself in the internal matters of political parties,” she told Mizzima.
“And worse of all there is no possible appeal to an independent court -- the Commissioners can in effect do what they like with impunity,” she concluded.
So even if Aung San Suu Kyi is prevented from taking part in the elections, this in itself will not make the elections unfair or not free. They would certainly not be inclusive or credible.
What the electoral laws reveal is that the regime is putting into place systems whereby they can effectively control the results – even without actually rigging the vote.
The Election Commission is going to be the problem – as they can effectively determine the result and claim to be doing it on quasi-legal grounds.
But that apart, many academic, liberals and political activists are advocating giving the elections a chance. “It we don’t take this opportunity, we are denying the electors a choice,” said Dr Nay Win Maung. “And in so doing we are condemning the country to more decades of military rule.”
By participating in the elections, it will help to the creation of a “liberal authoritarianism” rather than pure military rule – and although imperfect – that would be better than the status quo, he said.
********************************************************
NLD seeks another meeting with Aung San Suu Kyi
Tuesday, 23 March 2010 14:25 Myint Maung
New Delhi (Mizzima) – At this crucial juncture, where the future of the party is uncertain, the National League for Democracy (NLD) on March 17 sought the military junta’s permission for a meeting between its General Secretary Aung San Suu Kyi and the party’s Central Executive Committee (CEC).
The junta’s harsh and vindictive electoral laws makes it mandatory for Aung San Suu Kyi and other imprisoned party members to be expelled should the NLD want to register with the Election Commission and contest, putting it in a Catch 22 situation.
A CEC meeting held yesterday at the NLD head office in Rangoon Division, Bahan Township was attended by 17 CEC members. It disclosed the request made to the junta.
"Today we released the letter sent to the junta on March 17. We requested a meeting with Daw Aung San Suu Kyi given the situation is crucial for the party," CEC member Ohn Kyaing told Mizzima.
Similar requests by the NLD in the past were not heeded by the Burmese authorities.
The letter requests a meeting with Aung San Suu Kyi by old members of the 20-member CEC. The old members of the CEC are Aung Shwe, Tin Oo, Win Tin, Khin Maung Swe, Lun Tin, U Lwin, Than Tun, Thakin Soe Myint, Hla Pe and Nyunt Wei.
The day’s meeting was attended by CEC members except U Lwin and Lun Tin, who are ailing and Aung San Suu Kyi who is under house arrest.
The junta announced electoral laws for the 2010 general elections in the second week of March and said that political parties must register with the Election Commission within 60 days as of March 19.
NLD will hold a meeting of the CEC and 100-members of the Central Committee (CC) which represents all States and Divisions party branches, on March 29 to discuss electoral issues, especially whether the party should contest.
"We shall hear the deliberations at the CC meeting. And then we will take a decision after hearing the deliberations by the States and Divisions party branches," Ohn Kyaing said.
Tuesday, 23 March 2010 14:25 Myint Maung
New Delhi (Mizzima) – At this crucial juncture, where the future of the party is uncertain, the National League for Democracy (NLD) on March 17 sought the military junta’s permission for a meeting between its General Secretary Aung San Suu Kyi and the party’s Central Executive Committee (CEC).
The junta’s harsh and vindictive electoral laws makes it mandatory for Aung San Suu Kyi and other imprisoned party members to be expelled should the NLD want to register with the Election Commission and contest, putting it in a Catch 22 situation.
A CEC meeting held yesterday at the NLD head office in Rangoon Division, Bahan Township was attended by 17 CEC members. It disclosed the request made to the junta.
"Today we released the letter sent to the junta on March 17. We requested a meeting with Daw Aung San Suu Kyi given the situation is crucial for the party," CEC member Ohn Kyaing told Mizzima.
Similar requests by the NLD in the past were not heeded by the Burmese authorities.
The letter requests a meeting with Aung San Suu Kyi by old members of the 20-member CEC. The old members of the CEC are Aung Shwe, Tin Oo, Win Tin, Khin Maung Swe, Lun Tin, U Lwin, Than Tun, Thakin Soe Myint, Hla Pe and Nyunt Wei.
The day’s meeting was attended by CEC members except U Lwin and Lun Tin, who are ailing and Aung San Suu Kyi who is under house arrest.
The junta announced electoral laws for the 2010 general elections in the second week of March and said that political parties must register with the Election Commission within 60 days as of March 19.
NLD will hold a meeting of the CEC and 100-members of the Central Committee (CC) which represents all States and Divisions party branches, on March 29 to discuss electoral issues, especially whether the party should contest.
"We shall hear the deliberations at the CC meeting. And then we will take a decision after hearing the deliberations by the States and Divisions party branches," Ohn Kyaing said.
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