Thursday, 11 March 2010 09:52 Mizzima News (Interview)
Burma’s military rulers on Tuesday announced the Electoral Law for its planned general election to be held later this year. But the country’s main opposition party, National League for Democracy (NLD), said the Electoral Law is yet another set of rules to ensure the election is neither free nor fair and instead conducted primarily to further the regime’s interests. NLD spokesperson Nyan Win, a lawyer by profession, said party leadership will further discuss the matter with detained party leader Aung San Suu Kyi before deciding on their next move.
Mizzima was able to contact NLD legal advisers Nyan Win and Aung Thein to gain further insight into the position of the political opposition.
Q: Is the NLD happy with the government’s Electoral Law?
Nyan Win: No, the NLD is not at all happy and not satisfied with the Electoral Law.
Q: What is the NLD’s view on the government’s Electoral Law?
Nyan Win: The Electoral Law puts all political parties that desire democracy, including the NLD, in a position of further hardship because it requires all parties to register on the pledge of upholding the 2008 constitution that we, the NLD, cannot count as a constitution. This is a big problem for us, as we cannot recognize the 2008 constitution, which was drafted and approved by the junta without the people’s consent.
Q: What do you think of Article 6 of the second chapter regarding Political Parties Registration?
Nyan Win: This article is also a part of the junta’s way of controlling the political parties. It is against all norms and I have never seen such a law anywhere in the world. I see clearly that this article wants to control all political parties and their activities.
Q: What is the NLD’s reaction to the law?
Nyan Win: The NLD is now trying to convene a meeting among Central Executive Committee (CEC) members, including Aung San Suu Kyi, to discuss the matter.
Q: As you said, the Electoral Law has given the NLD further difficulties, so what does the NLD plan to do?
Nyan Win: As we are put into these difficulties, we will try to overcome them. But as I said, we have not been able to sit among the CEC, so I cannot comment on what the NLD will do at this time.
Q: The international community has demanded time and again the release of all political prisoners and to allow them to participate [in the elections], but the government’s Electoral Law has rejected and restricted political prisoners from participating. What do you think of it from a legal point of view?
Aung Thein: The law essentially bans all political prisoners from participating in the election, because the government does not recognize having any political prisoners in the first place. And the law states that prisoners cannot be members of political parties. The law also bans Aung San Suu Kyi from participating in the election as she is currently appealing her sentence. And even if she wins the case, she still cannot participate, as she has been a prisoner.
Q: How is the Electoral Law’s rendering of political party registration different from that of the 1990 Electoral Law?
Aung Thein: In the 1990 Electoral Law there were no restrictions on prisoners being members of political parties. But in the 2010 Electoral Law, it states that not only prisoners but also those who are appealing court sentences are barred from being members of political parties. I think this law specifically refers to Aung San Suu Kyi, who is now appealing against her sentence. The 2010 law also says that political parties are required to have members from at least three townships and have at least 1,000 members from across the country. It shows that this law is more rigid and sets more restrictions.
Q: From a legal point of view, do you think this Electoral Law is fair?
Aung Thein: We can rightfully say that the Electoral Law does not aim at a democratic election. We have long predicted that this law will not guarantee a democratic election because the 2008 constitution itself is not of a democratic path. It is like the junta is trying in every way to continue their rule by giving up their military uniforms and putting on civilian dress.
Q: What is your view on political parties registration as stated in Article 6 of Chapter Two?
Aung Thein: Article six is inconsistent with the law. A citizen cannot be barred from being a member of a political party; it is up to the party to decide. It is not related to running for office in the election. Parties can continue to have someone who is imprisoned as a member. Restricting parties from having jailed members is not consistent with any law.
Q: The Electoral Law stipulates parties will be declared outlawed if they have members who are imprisoned. What is your response?
Aung Thein: The government will declare outlawed all opposition parties, be they armed groups, dissidents or political rivals. The Electoral Law also states that those political parties that fail to register within the announced 90 days will also be outlawed. Unless they register as political parties, they will be stripped from being political parties. It also says parties should contest at least three townships, otherwise they will not be registered as political parties. This law makes it difficult for independent parties, as they are required to have candidates from at least three townships.
Q: The main opposition party - National League for Democracy - has several of its members still under detention. What do you think of the Electoral Law’s requirement of not having prisoners as members of political parties?
Aung Thein: Political parties are formed to participate in politics. So, they have the right to choose their leadership, the right to nominate candidates within the party, and if the party deems it fit to have a prisoner as a member it is up to them to decide. The rights of political parties cannot be overruled by the Electoral Law.
Q: Do you think the Electoral Law will be acceptable to the international community?
Aung Thein: I don’t think it is up to international standards and I do not believe it is acceptable. The international community, even United Nations chief Ban Ki-moon, has called for an all-inclusive election and demanded the release of all political prisoners. Right now, they have not released political prisoners and even if they do I think they would do it right before the election so that they would have insufficient time to participate in the election.
Thursday, March 11, 2010
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