Release of political prisoners and the 2010 elections

Monday, 22 March 2010 10:01 B.K. Sen (Commentary)

New Delhi (Mizzima) - The defining moment in Burma’s history is near. The 60-day deadline for the registration of political parties has been set. Political parties have to surpass the major hurdle established in Article 6, Chapter 3 of the electoral laws that bans persons serving prison terms of being members of a political party. In order to register as a party to contest the election, this condition has to be fulfilled. Aung San Suu Kyi, General Secretary of the National League for Democracy (NLD), is presently serving an 18-month sentence. Will she be expelled from her own party in order to secure registration? That is the dilemma.

The junta has been ruling Burma for nearly half a century, overcoming many hurdles such as internal differences, the exit of New Win and the purging of its intelligence architect and apparatus. Domestic rumblings, the suppression of popular protests and dealings with the political opposition have also been effectively dealt with. The election of 1990 was a great eye-opener for the junta, which has done its homework and is now prepared to oversee new elections. The situation now is different from 1990, when there was no constitution and the 8.8.88 uprising was fresh in people’s minds. However, this time a fraudulent constitution has been drawn up and ratified in a sham referendum. The generals, as evidenced by their five electoral laws, are leaving nothing to chance.

At the outset it has to be remembered that Burma in supposedly being put on the path of political transition from military rule to disciplined democracy, a project under the sole management of the junta. All rules of the game have been framed so as to ensure the generals continue in power. As evidence, the constitution reserves 25 percent parliamentary representation for the security forces while stipulating that all key posts be dominated by those with a military background.

The Election Commission is further composed of military men, making a mockery of the idea of appealing to the court against unjust decisions. The present Supreme Court was created by the junta and was subsequently divested of all writ powers. It is indeed a mockery that the highest decisions to affect the future of millions will not be allowed to be tested, as is the norm in civilized countries

No political party, as previously stated, can have a member convicted of a crime, and Aung San Suu Kyi is currently under detention for having committed an alleged crime. Registration of the party inclusive of its General Secretary must therefore be assumed doomed. Moreover, there are many Central Committee members who have also been convicted on trumped up charges. They also will have to be expelled for the NLD to qualify for registration. All said, there are more than 2,100 political prisoners languishing in jails across the country. But the target of the junta is clearly Aung San Suu Kyi and the fracturing of her party.

The NLD, in it Shwegondaing Declaration, put forth four preconditions for participation in the election. The call for a revision of the constitution, while reasonable, is unfortunately not practical, with the junta’s position being made loud and clear on the matter. Technically, it is a stronger position than that of the opposition, as the constitution has already been ratified and any revision can only by conducted by the new parliament that will emerge after the election. A second demand is for formal acceptance of the 1990 election result, a plea that has become unrealistic as no people’s movement can be manufactured with the necessary strength to force adherence to the 1990 result. A third demand is for dialogue, a crucial undertaking but nonetheless one the junta has systematically flouted despite support for the appeal from the international community and UN. However, now that the junta feels itself on the threshold of opening a new chapter to give a civilian face to military rule, this demand at least has a chance of success.

The fourth demand, the release of all political prisoners, becomes key at this juncture. This demand is intrinsically related to the issue of free and fair elections. In elections, amnesty should be granted to enable all to participate and build a new society. The junta should announce a blanket amnesty to make the election look free and fair. The potential effect of the amnesty would be to wipe out the stigma of conviction, enabling former detainees to freely contest the 2010 polls. This amnesty must come into force immediately, as the registration law provides for the aforementioned mere 60 days for party registration.

As far back as June 2009, the Burmese Ambassador to the UN said his government had begun the process of granting amnesty to political prisoners ahead of the general election with a view to enabling them to participate in the 2010 polls. Yet, months have now passed and nothing has been done. In the event, amnesty has been made limited and bars political prisoners from partaking. As such, the opposition would be wise to set up parallel parties fulfilling the registration clause and enter into the authorized political fray. Meanwhile, convicted persons will temporarily resign party posts till the new parliament is able to meet and thrash out the issue. However, these ex-officio members can still carry on party work without contesting in the polling.

The dilemma the opposition faces has to be sorted out, and quickly, as time is running out. However, let the election be an opening. An election, irrespective of the degree of probity, could well serve to propel the democratic struggle forward, providing new life for the largely moribund opposition. Two core institutions of any democratic transition are an elective design and competitive party system, not only to evolve the system of governance but also to foster institutional cooperation. How rigged and flawed the election turns out to be cannot yet be determined, but no matter, the elections cannot be allowed to stop the emergence of a democratic alliance in opposition. The apple cart of the junta has to be upturned.