Will there be any Muslim MPs in Myanmar’s Parliament?

A Mosque in Yangon near Sule. (Photo: Hong Sar/Mizzima)
A Mosque in Yangon near Sule. (Photo: Hong Sar/Mizzima)

On Nov. 8, Myanmar will go to the polls in what has been billed as the first free and fair parliamentary election in 25 years, yet the marginalisation of the Muslim community has left local and international observers concerned about how democratic the vote will be.

Of the more than 6,000 candidates running in the elections, the overwhelming majority of them are Buddhist, and only 28 are Muslim, representing just 0.5 percent of candidates, according to the final list of candidates released by the Union Election Commission (UEC).

Muslims make up about 5 percent of the country’s predominantly Buddhist population.

The UEC has rejected more than a hundred would-be candidates, mostly Muslims, stating that their parents were not recognised as citizens yet at the time of the candidates’ birth, meaning their candidacy would be in violation of the Elections Law.

 

 

The decision has raised concerns among rights groups and observers, and regional lawmakers warned it could “undermine the credibility of the contest”.

“In any other country the rejection of an entire class of candidates would render the contest itself undemocratic,” Charles Santiago, a member of parliament from Malaysia and chairperson of the ASEAN Parliamentarians for Human Rights said in a statement in September.

 

 

Religious tensions are running high in Myanmar ahead of the election, largely stoked by the radical Buddhist group Ma Ba Tha, which has emerged as a powerful force.

“We are all in a helpless state,” said Kyaw Min, a Muslim politician and chairman of Democracy and Human Rights Party. “The decisions are arbitrarily made along racial and religious lines.”

His party submitted applications for 18 candidates mainly for constituencies in Rakhine state in western Myanmar which has a sizable population of stateless Rohingya Muslims, but only three were approved as candidates.
In total, UEC figures show that of 6,074 approved candidates in the elections there are 5,130 Buddhists, 903 Christians and 28 Muslims.

Not only are there very few Muslim candidates running in the elections, but most are representing little-known political parties, leaving many with slim chances of winning any seats.

“There is strong likelihood that there will be no Muslim legislator in the parliament,” said Myo Thant, a Muslim politician who has decided not to run in the poll which he said is being held under the influence of nationalist monks.

“Everyone is pandering to the wish of the Ma Ba Tha,” he said.

MAJOR PARTIES EXCLUDE MUSLIMS

In an apparent move to appease Ma Ba Tha, the main political parties have excluded Muslims as candidates.

Some Ma Ba Tha monks have publicly condemned the popular National League for Democracy party (NLD) led by Aung San Suu Kyi as a “pro-Islam” party which Buddhists should not vote for.

Perhaps in response to the group’s swelling influence, neither the NLD nor the ruling Union Solidarity and Development Party have fielded any Muslim candidates.

The NLD’s leadership made the decision to exclude Muslims from its candidate list to avoid criticism, said, NLD spokesman Win Htein.

“Our NLD members who are Muslims are very much understanding of this situation,” he said.

Apart from two Muslim candidates representing the National Unity Party (NUP), the party of the former military dictator Ne Win, almost all Muslim candidates are representing little known, Yangon-based Muslim political parties.

Kyaw Min said powerful parties are avoiding Muslims either out of fear that they will lose votes or with the deliberate intent to keep the Muslims out of formal political arena.

“The result is Muslims will lose their democratic right to represent their community. This will also discourage the patriotism of Muslims in this country,” he said.

His party is one of a handful that is fielding Muslim candidates outside Yangon, including the only Muslim candidate in the town of Maungdaw in northern Rakhine State.

Like many of his party’s would-be candidates, Kyaw Min himself was rejected by the election commission, despite him winning a seat in the 1990 elections, the results of which were ignored by the junta.

MUSLIMS DISENFRANCHISED

In Rakhine state, the authorities have revoked the “white cards”—temporary national identity cards – of hundreds of thousands of Rohingya Muslims, making them ineligible to vote.

These white cards enabled the embattled Muslim community there to vote in previous elections in 1990 and in 2010. They will now be disenfranchised, warned United Nations Secretary General Ban Ki-Moon.

“I am deeply disappointed by this effective disenfranchisement of the Rohingya and other minority communities,” the U.N. chief said late last month.

The Carter Center, which is observing the elections, released a statement on Sept. 25, saying, “The disqualification of almost all Muslim candidates running in Rakhine state further limits representation possibilities for the Rohingya population, already largely disenfranchised by the cancellation of voting rights for former temporary citizenship card holders.”

The current union parliament is already dominated by Buddhists. There are only three Muslim legislators from USDP representing constituencies in the towns of Buthidaung and Maungdaw in northern Rakhine State.

Despite their small number, they have asked more questions than any other MPs according to Myanmar Now’s analysis of data of MPs’ questions in 11 out of 12 parliamentary sessions since the government took power in 2011.
Most were related to the citizenship and other rights issues regarding the Rohingya. Yet none of the three are not on the ballot for the upcoming elections.

While two have apparently left politics, Shwe Maung, who represents the town of Buthidaung in Rakhine State, quit the USDP and attempted to run as an independent candidate. He was disqualified for the same reason as other Muslim candidates.

“I wish I could say I was an exception. But the truth is that Rohingya, along with other Muslims in Myanmar, are totally alienated and excluded from participation in politics. And make no mistake: it is because of our ethnicity and religion,” Shwe Maung has said in a statement released by APHR last month.

Hla Toe, a Muslim who co-chairs the Kaman National Development Party, has little hope of winning a seat in Rakhine State. Of four Muslim candidates running in Rakhine State, two are from his party.

“We will try to win a seat in Yangon, but we don’t think we will win in Rakhine State where there is a lot of racial discrimination,” said Hla Toe, who himself is running for a lower house seat in Yangon’s Minglar Taungnyunt township.

Swe Win is the Editor-in-Chief of 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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