Myanmar goes to the polls, with the NLD’s mandate at stake

The ruling NLD will need 322 seats in the Pyidaungsu Hluttaw to form a government, but the rival USDP could take power with just 156 seats if it joins forces with military-appointed MPs

Published on Nov 8, 2020
Photo - Sai Zaw/Myanmar Now
Photo - Sai Zaw/Myanmar Now

Amid a host of challenges and under circumstances very different from those that prevailed during previous general elections, Myanmar is going to the polls again today.

Although the ruling National League for Democracy (NLD) is still favoured to win again this year, it faces stronger headwinds than it did five years ago, when it swept to power in a landslide.

In order to hold onto power, the party will need to win at least 322 seats in the Pyidaungsu Hluttaw, which combines both the upper and lower houses of parliament. By contrast, its chief rival, the military-backed Union Solidarity and Development Party (USDP), could form the next government with just 156 seats if it joins forces with the legislature’s 166 military-appointed MPs. In fact, it could win the right to govern with even fewer seats if it forms a coalition with any of the multitude of other parties contesting the election.

Another factor that could have some influence on the outcome is the reduced number of seats. The Pyidaungsu Hluttaw will have 22 fewer seats this year due to the suspension of voting in areas deemed by the Union Election Commission (UEC) to be too unsafe or unstable for polling. Under normal circumstances, there would be 664 seats up for grabs; this year, there are only 642—a reduction that gives the military appointees an even bigger share of the parliamentary pie.

 

 

Adding to the uncertainty is a pandemic that has gripped the world. Myanmar has not been spared from Covid-19’s deadly impact: Since the first case was diagnosed on March 23, at least 60,000 people have been infected by the coronavirus, and more than 1,300 have died from the disease. Most of these cases have been recorded since the outbreak of a second wave that began in mid-August. Since then, the numbers have continued to climb, prompting calls from some quarters to suspend the election.

 

 

Among those who wanted the election to be postponed was the USDP. When push came to shove, however, it threw itself into campaign mode and fought hard to make inroads against the NLD. At times, these efforts became truly vicious. Numerous violent incidents were reported around the country, including one in Karbo, a village in Sagaing region’s Kanbalu township, where a man was beaten to death by a mob of USDP supporters.   

Such incidents have put the UEC to the test, with critics on all sides accusing it of failing to take action against violence and other violations of election laws. As a body that was formed by the NLD in accordance with the constitution, it has come under especially strong criticism from the USDP, which is, ironically, the party that would probably have the most to lose if those laws were more effectively enforced.

Meanwhile, perennial tensions between the NLD and the Tatmadaw have flared up again in the run-up to the election.  Earlier this week, the commander-in-chief of Myanmar’s armed forces, Min Aung Hlaing, made vague accusations that the UEC was not doing enough to ensure that the upcoming election would be free and fair and warned it to “be careful.” At the same time, he said that the government would be held responsible if there was any trouble. 

The government responded with a warning of its own. The day after Min Aung Hlaing made his remarks in an interview with a local media outlet, President’s Office spokesperson Zaw Htay held a press conference to let the commander-in-chief know that he was breaking the law. Under Myanmar’s Civil Services Personnel Law, he said, “Civil services personnel must be free from political affiliation.” This applies to everyone in public service, he implied—even the leader of the all-powerful Tatmadaw.

All of this has led some political analysts to suspect that the Tatmadaw may be gearing up for another coup if it isn’t happy with the election results. And as if that weren’t enough for the NLD to worry about, the party of Aung San Suu Kyi is facing mounting pressure both at home and abroad over its stance on the Rohingya issue and its failure to satisfy the aspirations of ethnic minorities in general. Under NLD leadership, Myanmar has been taken to the Hague to face charges of genocide for military actions taken in Rakhine state, which continues to be the most volatile region in the country. 

As the Tatmadaw’s armed conflict with the Arakan Army (AA) rages on, the NLD has been reminded once again that it can’t afford to just stand back and let the military do its thing. During the campaign period, three of its candidates were abducted by the AA in Toungup township and have yet to be released—a fitting metaphor, perhaps, for a party held hostage by its unfulfilled promises to ethnic people who hoped that NLD rule would usher in an era of peace.

If Myanmar’s ethnic peoples have learned anything over the past five years, it’s that they are probably better off relying on themselves. To that end, many smaller ethnic parties have merged to become important political forces in their own right, especially in Kachin, Kayah and Mon states. In these three seats alone, the NLD will face significant challenges for 71 seats in the Pyidaungsu Hluttaw.

This means that the NLD will be hard-pressed to come close to winning the 390 seats that it captured while riding on a wave of optimism in the historic 2015 election (the first that it had contested nationwide since 1990). But even if it can’t win the 322 seats it will need to rule outright, all is not lost. There is still the possibility of forming a “national unity government”—an NLD-led coalition of likeminded parties and independents. 

If it comes to this, it might even give the party the kick start it needs to tackle its signature issues. Besides its stalled Panglong initiative, the NLD came to power on promises of amending the undemocratic 2008 constitution. On both counts, however, it has performed poorly, and it remains to be seen if the country’s 37 million eligible voters will be in any mood to give it another five years to make some sort of progress on these two fronts and others. With more than 90 parties in the country, it will have plenty of potential partners to help it advance its agenda. The question, then, is whether the USDP will find them first.

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

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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