Could this year’s election pave the way to a new federal model in Shan state?

A shift in the state’s electoral map has opened up the possibility of power-sharing with ethnic parties   

Published on Nov 20, 2020
Military representatives are seen walking out of the Shan state parliament meeting hall in 2019. (Myat Moe Thu/Myanmar Now) 
Military representatives are seen walking out of the Shan state parliament meeting hall in 2019. (Myat Moe Thu/Myanmar Now) 

Myanmar was mostly a sea of red in the wake of its latest election, with the ruling National League for Democracy (NLD) winning far more seats in the Union parliament than any other party. A notable exception, however, was Shan state, which remained a multicolored patchwork of political parties. 

As in the past, ethnic parties captured a sizable share of the vote in the state. But that has never translated into real power, however, as the state’s government after the 2010 and 2015 elections was overwhelmingly green, with the military-backed Union Solidarity and Development Party (USDP) dominating all executive positions. The question, then, is whether the situation will be any different this time around.

There is good reason to think it might be. While ethnic parties’ share of the vote barely budged in this year’s election, there was a notable shift away from support for the USDP in favor of the NLD—a party that is more open to working together with smaller parties not only in parliament, but also in forming a government.

If the NLD did move in that direction, it would go a long way toward improving the state’s prospects for economic development and regional stability, which are the two main aspirations of its people. As the party speaks openly of forming a “national unity government,” many in Shan state now see hope for real change.

 

 

It remains to be seen, however, if the party will follow through on its promises of greater cooperation and inclusivity. While it clearly sees some advantage in joining forces with ethnic parties, it remains non-committal about the details.

“The [NLD] central executive committee will consider the [election] outcome. It would be better for Shan state if the NLD and ethnic parties could work together more closely than they did in 2015,” Zaw Min Latt, the chairman of the party’s Shan state executive committee, told Myanmar Now.

 

 

The difference an election makes

Voting took place in 49 of Shan state’s 55 townships during the 2020 election. (Four of the six that were not included were in the Wa Self-Administered Division, while the other two were Mongla and Mong Kung.) These townships accounted for a total of 61 seats in the Pyidaungsu Hluttaw, or Union parliament: 49 in the Pyithu Hluttaw, or lower house, and 12 in the Amyotha Hluttaw, or upper house. Voters also sent a total of 105 representatives to the Shan state parliament, including 98 MPs and seven ethnic affairs ministers (who are elected directly in their respective constituencies).

In 2015, by contrast, Shan state had only 60 seats in the Pyidaungsu Hluttaw and 103 in the state parliament, due to fighting in Kyethi and Mong Hsu townships.

Comparing the results of the two elections, it can generally be seen that the USDP lost seats not only in the state parliament, but also in the Pyidaungsu Hluttaw. At the state level, it went from 33 seats five years ago to just 25 this year, while at the Union level, it won just 16 seats this year, down from 19 in the last election.

The Shan Nationalities League for Democracy (SNLD), the largest ethnic party in Shan state, was widely expected to see the biggest gains in this year’s election, but only managed to hold on to the 15 seats it already had in the Pyidaungsu Hluttaw, and increased its share of seats in the state parliament by just two, to 26. 

Smaller ethnic parties also remained mostly unchanged.  The Ta’ang (Palaung) National Party (TNP) won five seats in the Pyidaungsu Hluttaw and seven in the state parliament—the same as in 2015. It won one new seat in the Amyotha Hluttaw, but lost another to the Pa-O National Organization (PNO), which came away with three seats in the Pyidaungsu Hluttaw and seven in the state parliament (up by one from 2015).  

The Wa National Party (WNP), formed earlier this year through a coalition of two other ethnic Wa parties, won the Pyithu Hluttaw seat for Hopang township, which it will also represent in the state parliament, along with Mong Ton township. The Lahu National Development Party lost one of the two state parliament seats it won 2015, while the Shan Nationalities Democratic Party held on to its single seat in Mongpan township. The Kokang Democracy and Unity Party, which won a state parliament seat in 2015, came away empty-handed. 

The upshot, then, is that the NLD was the big winner this year in Shan state, picking up three more seats in the Pyidaungsu Hluttaw and six more in the state parliament, giving it a total of 18 in the former and 29 in the latter. The USDP is still the strongest party in the state at the Union level, but behind the NLD at the state level. In both cases, however, the NLD has weakened the USDP’s dominance and put itself in a better position to forge new alliances in Myanmar’s most ethnically and politically diverse state.   

Of the small parties currently in power, the PNO and the WNP are the least likely to partner with the NLD. Both are closely associated with the USDP, as evidenced by the fact that they were among 34 parties that took part in a meeting with Senior General Min Aung Hlaing, the Tatmadaw commander-in-chief, in August.

Other parties, however, would likely be receptive to overtures from the ruling party. Maing Aung Min, a member of the TNP’s central executive committee, said he hoped the NLD would give ethnic parties a chance to serve in the state government. He noted that the USDP chose both the speaker and deputy speaker from within its own ranks during the last two administrations. It would be better, he said, if the NLD made such decisions based on qualifications rather than party affiliation.

Zaw Min Latt, the NLD’s Shan state executive committee chairman, said that even though the party won the general election in 2015, it didn’t have a free hand in selecting members of the Shan state government because the USDP won the most seats at the Union and state levels. This is why three of the state’s 10 ministerial posts (not including the seven ethnic affairs ministers) are currently held by USDP candidates: Minister for Social Affairs Dr Myo Tun, Minister of Roads and Communications Khun Ye Htwe, and Minister of Agriculture and Livestock Sai Long Kyaw.

“One can think about how to implement Shan politics based on the results of this election,” Zaw Min Latt said ahead of the polls. Now that the NLD has more seats in the state parliament than the USDP, the time may be right to bring other parties into the fold.

Moves toward a new federal model?

According to Article 161(d) of the 2008 Constitution, the number of armed forces personnel appointed by the commander-in-chief to the parliament of each state and region must be one-third of the total number of elected MPs. In 2015, when 103 MPs were elected to the Shan state parliament, there were 34 military representatives. Together with the 33 USDP representatives elected that year, they formed a bloc that comprised nearly half of the state parliament. This gave them effective control over who would serve as the speaker and deputy speakers and other important parliamentary decisions.

This year, that same bloc is significantly diminished: Between them, the military representatives and the USDP MPs (most of whom are former military officials) occupy 60 seats in the state parliament, or less that 43 percent of the total. However, with the support of the PNO and the WNP, the military and its proxy party would still have the upper hand in the 140-seat state parliament.

The only way for the NLD to shift the balance of power in Shan state would be by forming an alliance with the SNLD and other ethnic parties—a move that would be in line with its professed desire to focus on the aspirations of Myanmar’s ethnic minorities, as expressed in the open letter it sent to 48 ethnic parties on November 12, four days after this year’s election. 

In this letter on “Union issues for the future of Myanmar,” the NLD said it hoped that ethnic parties would play an active part in its efforts to bring about a democratic federal union in the country. It was, as the NLD’s spokesperson, Dr Myo Nyunt, told Myanmar Now, “the first step towards national unity.”

So far, however, these steps have been tentative at best. In Shan state, the NLD’s most natural partner would be the SNLD. Both parties are products of the 1988 pro-democracy uprising, and both shared a similar fate in the wake of the 1990 election, facing decades of persecution after performing strongly in the polls. More importantly, in terms of the current situation, it has 26 seats in the state parliament, placing it second only to the NLD and one seat ahead of the USDP.  

The main obstacle, at this point, is the NLD’s reputation for standoffishness towards other parties, including those with whom it shares many of the same goals. This would not be the first time that the NLD has spoken of forming a “national unity government,” and the SNLD is understandably reluctant to assume that it really means it this time. 

“It depends a lot on the NLD. It’s still too early to tell,” said SNLD spokesperson Sai Lek when asked by Myanmar Now about the NLD’s efforts to reach out to ethnic parties. 

The SNLD’s senior leadership was similarly reticent. “We haven't discussed anything yet, so I don't want to say too much about it,” said Sai Kyaw Nyunt, the party’s joint secretary (1).

The NLD appears to be casting a wide net in an effort to be more inclusive. Maung Maung Sein, the secretary of the party’s Shan state executive committee, said that the NLD needs to cooperate not only with the SNLD, but also with smaller ethnic parties. In this way, he said, the democratic forces in parliament would become stronger.

Even if the NLD does keep its promise this time, not everyone is convinced that it will make a difference. Maing Win Htoo, a TNP candidate who won a seat in the state parliament representing Namsan Township in the Palaung Autonomous Region, said he doubted that an NLD-led coalition would significantly change the state’s political landscape as long as Myanmar’s military-drafted constitution exists in its current state.

“No matter which party wins or loses, we see no real chance of reform in Myanmar in the present situation,” he said, adding that regional stability and an end to conflict are more important priorities for local people and politicians alike. 

Some, however, see power-sharing as the best way to achieve both peace and political reform. According to political analyst Sai Tun Aung Lwin, Myanmar’s states and regions have far less power to govern than their counterparts in most genuine federal unions. By working together with ethnic parties, the NLD could expand the role of state governments and lay the groundwork for a new model of federalism that comes closer to international norms—and to meeting the demands of the country’s ethnic minorities.

Kyaw Lin Htoon is Senior Reporter with Myanmar Now

Announcement came as court postponed the 82-year-old’s third hearing, meaning his request for bail on health grounds was not considered 

Published on Mar 19, 2021
Win Htein arrives for the opening ceremony of the second session of the Union Peace Conference in 2017 (EPA-EFE)

Detained National League for Democracy party stalwart Win Htein is to be tried by a special tribunal of two judges following an order from the military-controlled Supreme Court, his lawyer said on Friday. 

“It was just one judge before, and now there’s two,” Min Min Soe told Myanmar Now. 

“District judge Ye Lwin will serve as chair, and deputy district judge Soe Naing will be a member of the tribunal,” she added.

Win Htein faces up to a 20-year prison sentence for sedition under section 124a of the Penal Code.

His third hearing, scheduled for Friday, was postponed, with the court citing the internet shutdown as the reason because it made video conferencing impossible, Min Min Soe said.

“The arguments will be presented at the next hearing, we applied for bail but since they’re setting up a tribunal for the lawsuit, that will be discussed at the next hearing as well,” she said.

At the second hearing on March 5, Win Htein requested an independent judgement, a meeting with his lawyer, and bail due to his health issues, but the court said those requests would be heard on March 19.

Win Htein, 82, uses a wheelchair and suffers from breathing problems that means he often requires an oxygen tank. He also suffers from diabetes, high blood pressure, hypothyroidism and benign prostatic hyperplasia. 

Min Min Soe was allowed a brief call with her client on Friday to tell him that his hearing had been postponed until April 2.

Aye Lu, the chair of the Ottara district administration council in Naypyitaw, is the plaintiff in the lawsuit against Win Htein. Ottara district is where the NLD’s temporary headquarters are located. 

Aye Lu filed the charge on February 4 and Win Htein was arrested that evening at his home in Yangon. He has been kept in the Naypyitaw detention center and denied visits from his lawyers. 

He was detained after giving media interviews in the wake of the February 1 coup in which he said military chief Min Aung Hlaing had acted on personal ambition when seizing power. 

On Wednesday the military council announced that it was investigating Aung San Suu Kyi for corruption, on top of other charges announced since her arrest.

Many other NLD leaders, party members and MPs have been arrested or are the subject of warrants.

Kyi Toe, a senior figure in the NLD, was arrested on Thursday night in Hledan, Yangon.

 

Myanmar Now is an independent news service providing free, accurate and unbiased news to the people of Myanmar in Burmese and English.

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The country’s military leaders have acted with impunity for decades, but now there is a mechanism to bring them to justice

Published on Mar 19, 2021
Nationwide protests against the coup have been responded with murders, torture and mass arrests by the military regime. (Myanmar Now)

On March 8, U Ko Ko Lay, a 62-year-old teacher, bled to death on a street in the Kachin state capital Myitkyina. He had been shot in the head while protesting the military coup of February 1. That same night, U Zaw Myat Lynn, an official from the National League for Democracy, was taken from his home in Shwepyithar on the outskirts of Yangon and tortured to death. The list keeps growing.

In the more than six weeks since Senior General Min Aung Hlaing seized power, images of soldiers and police officers shooting, beating, and arresting protesters have flooded social media and Myanmar and international news outlets. So far, the regime’s forces have killed well over 200 people (more than half of them in the past week) and seriously injured many more. The junta has also arrested nearly 2,200 people, some of whom, like U Zaw Myat Lynn, have died in custody.

Each day, Myanmar human rights organizations update lists with names, dates, locations, and causes of death. Around 600 police and a handful of soldiers have decided they do not want to be involved in such actions. They have left their posts and even joined the anti-coup movement.

Many soldiers, police officers, and commanding officers are acting with impunity now. But they can face prosecution, not only in Myanmar’s courts but also internationally. Like any country, Myanmar is subject to international law. Because of its history of atrocities, most recently against the Rohingya people, Myanmar is also already subject to special international legal proceedings that apply to the current situation.

The most relevant is the United Nations’ Independent Investigative Mechanism for Myanmar (IIMM). The IIMM was created in 2018 after the Myanmar military’s brutal campaign against the Rohingya people, but it applies to the whole country. Its mission is to investigate “international crimes” from 2011 to the present.

International crimes are generally defined as “widespread and systematic” in nature, involving many victims and locations. These include crimes against humanity, war crimes, and genocide.

In keeping with its mandate, the IIMM is collecting information on the current situation. In a statement released on February 11 (available in Myanmar here), it highlighted the “use of lethal force against peaceful protesters and the detention of political leaders, members of civil society and protesters.”

More recently, on March 17, the IIMM also called on recipients of illegal orders to share this evidence so that those ultimately responsible for these crimes can be held accountable.

"The persons most responsible for the most serious international crimes are usually those in high leadership positions. They are not the ones who physically perpetrate the crimes and often are not even present at the locations where the crimes are committed,” the head of the IIMM, Nicholas Koumjian, says in the statement (available in Myanmar here).

The crimes the IIMM investigates could be tried in Myanmar courts, courts in other countries, or international courts. International crimes are crimes that are so serious that they are considered to be against the international community, and are therefore not limited to courts in one country.

In other words, an international crime committed in Myanmar—for example, widespread and systematic attacks on civilians—can be tried in a court in another country or in an international court.

The Myanmar military is used to getting away with murder. Decades of well-documented killing, rape, and torture of civilians in ethnic minority areas have gone unpunished. No one has ever been tried for the killing of protesters during previous mass uprisings against military rule in 1988 and 2007.

But this time may be different. On March 4, the International Commission of Jurists said in a statement that “the killing of peaceful protesters by Myanmar’s security forces should be independently investigated as possible crimes against humanity.”

The IIMM is already set up and working. It provides a mechanism for just such an investigation. Those doing the shooting should be aware of this.

For further information:

The Independent Investigative Mechanism for Myanmar (IIMM) on Facebook

International Accountability Mechanisms for Myanmar (learning materials in English, Myanmar, and Karen)

Lin Htet is a pen name for a team of Myanmar and international writers

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A resident said armed forces used drones to monitor the crowd before opening fire on them

Published on Mar 19, 2021
Men carry a wounded protester in Aungban, Shan State, on the morning of March 19 (Supplied)

At least eight anti-coup protesters were killed in Aungban, southern Shan State, during an attack by the military junta on demonstrations on Friday morning, according to the Aungban Free Funeral Service Society.

Sixteen military trucks carrying more than 100 policemen and soldiers arrived at the protest site at around 9:00 a.m. and began shooting at protesters. Seven died at the scene, and another protester who had been shot in the neck was taken to Kalaw Hospital and died by 11:00 a.m.

All eight victims were men. 

The body of the man who died at the hospital was sent to his family’s home, but those who were killed at the protest site were taken away by the junta’s armed forces, a representative of the Free Funeral Service Society told Myanmar Now. 

Aungban resident Nay Lynn Tun told Myanmar Now that police and soldiers had destroyed the doors of nearby homes in order to arrest people, and that at least 10 people had been detained. 

“Initially, police arrived at the site. When the crowd surrounded the police, armed soldiers arrived at the site and began firing,” he told Myanmar Now. “In the coming days, if we cannot gather to protest, we will do it in our own residential areas.”

Since March 13, around 300 volunteer night guards have watched over these residential areas to protect locals from the dangers posed by the junta’s nighttime raids. These forces use drone cameras to monitor the activities of the night guards from 3:00 a.m. until 5:00 a.m. every day, Nay Lynn Tun said. 

He added that hours before Friday’s crackdown, military and police had also used drone cameras to monitor the gathering of protesters in Aungban.

Over the last week, at least 11 protesters have been arrested in Aungban. Only three-- the protesters who were minors-- were released.

South of Shan State, in the Kayah State capital of Loikaw, two pro-democracy protesters were also shot with live ammunition by the regime’s armed forces on Friday. One, 46-year-old Kyan Aung, was shot in the lower abdomen and died from his injuries. The other wounded protester was a nurse, according to eyewitnesses. 

According to a March 18 tally by the advocacy group Assistance Association for Political Prisoners, at least 224 people have been killed across the country by junta’s armed forces since the February 1 coup. Thousands more have been arrested. 

 

Myanmar Now is an independent news service providing free, accurate and unbiased news to the people of Myanmar in Burmese and English.

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