2010 Elections: Constitution, Laws, Regulations and Analysis

(including the official English translations of the election laws)

ICG "The Myanmar Elections" ♦ 2010 Map ♦ IPU Criteria for "Free and Fair Elections"

Text of Joint Statement between India and Myanmar

Ministry of External Affairs New Delhi - 27 July 2010

At the invitation of the President of India, Smt. Pratibha Devisingh Patil, the Head of State of the Union of Myanmar, Senior General Than Shwe, Chairman of the State Peace and Development Council of the Union of Myanmar, is paying a State Visit to India from July 25- 29, 2010. The Chairman is accompanied by his wife Daw Kyaing Kyaing. Apart from his official engagements in New Delhi, Senior General Than Shwe will also visit places of economic, historical and religious interest. The full text of the Joint Statement may be found at link.

Note by Network Myanmar: The British Prime Minister David Cameron arrives in Bangalore today "in a spirit of humility" as part of a two-day visit to India at the head of a strong ministerial and business team. No doubt the Myanmar issue will be briefly discussed during the bilateral talks. Paragraph 37 of the Joint Statement between India and Myanmar touches on the forthcoming elections in Myanmar and reads:

"37. The Myanmar side informed the Indian side about developments in Myanmar including the groundwork for elections scheduled towards the end of the year. The Indian side thanked the Myanmar side for the detailed briefing and emphasized the importance of comprehensively broad-basing the national reconciliation process and democratic changes being introduced in Myanmar."

Asia Times 30 July 2010 - Commentary: India slips Myanmar a nudge and a wink

AFP 29 July 2010 - Assessment: India pledges millions in credit to Myanmar

AH News India 28 July 2010 - Analysis: India, Myanmar boost economic, energy ties

Australian National University Myanmar Election Forum

ANU Podcast - 23 July 2010

A two hour discussion at ANU on the forthcoming elections in Myanmar with short presentations by ANU's Morten Pedersen, Nick Cheesman, Trevor Wilson and Nicolas Farrelly together with Michael Maley of the Australian Electoral Commission, Siri Mon Chan of the Australian-Mon Association, and Zaw Naing Wynn, Burma advocate.

Excerpts from the discussion: Radio Australia - 28 July 2010

ASEAN, Myanmar agree to disagree

Asia Times - 26 July 2010

Larry Jagan reviews the inconclusive ASEAN Foreign Ministerial and ASEAN Regional Security Forum meetings in Hanoi last week.

Nine Years Ago: A portrait of Daw Aung San Suu Kyi

Prospect Magazine - July 2001

Andrew Levy and Cathy Scott-Clark looked at the crumbling Burmese opposition.

ASEAN Regional Forum - Hanoi, 23 July 2010

Vietnamese ASEAN 2010 website

The following is an extract on Myanmar from the Chairman's Statement at the 17th ASEAN Regional Forum:

"11. The Ministers noted the briefing by Myanmar on recent political developments in the country, including progress made in the implementation of the Roadmap for democracy and in preparations for the general election to be held in 2010. They reiterated the importance of holding the general election in a free, fair, and inclusive manner which would lay the foundation for the long term stability and prosperity of Myanmar. The Ministers also emphasised the need for Myanmar to continue to work with ASEAN and the United Nations in the process of national reconciliation as well as the economic and social development of Myanmar. They welcomed ASEAN’s readiness to extend their support to Myanmar and reaffirmed their commitment to remain constructively engaged with Myanmar."

Note by Network Myanmar: For an authoritative definition of "free and fair elections", see the 2006 new, expanded edition of the 1994 publication by the Inter-Parliamentary Union "Free and Fair Elections".

Democratic Party: Video Interview with the three "Princesses"

Al Jazeera - 23 July 2010

You may also wish to refer to the article in the "Myanmar Times" of 11-18 July 2010 and The Guardian of 22 July 2010.

Obama's failure in Burma

Washington Post - 23 July 2010

Former UN Special Rapporteur Paulo Sérgio Pinheiro examines the reasons for the failure of President Obama's new approach on Myanmar and concludes:

"If the United States wants to influence the junta, it must immediately change its entire approach. Beyond appointing an envoy, it must make Burma policy a high-level priority. The junta has the upper hand. Without the kind of pressure the United States can bring to bear multilaterally, the junta will have no incentive to come to the table, let alone change its behavior."

Joint Communiqué of the 43rd ASEAN Foreign Ministers Meeting

Extract on Developments in Myanmar

"68. We were briefed by the Foreign Minister of Myanmar on recent developments and the progress made in the implementation of the Roadmap for national reconciliation and democracy, including the preparations for the general election in Myanmar in 2010 leading to a constitutional government. We underscored the importance of national reconciliation in Myanmar and the holding of the general election in a free, fair, and inclusive manner, thus contributing to Myanmar’s stability and development. We also stressed the need for Myanmar to continue to work with ASEAN and the United Nations in this process."

Note by Network Myanmar: For an authoritative definition of "free and fair elections", see the 2006 new, expanded edition of the 1994 publication by the Inter-Parliamentary Union "Free and Fair Elections".

The Trouble with the EU and the EC

The Irrawaddy - 20 July 2010

In an Online editorial, The Irrawaddy magazine based in Thailand finds fault with the execution of EU policy on Myanmar which is set out in the EU's "Common Position" last refined in April 2010 in the Foreign Affairs Council Conclusions.

Note by Network Myanmar: Derek Tonkin has commented to the magazine:

"EU Special Envoy Piero Fassino has never to my knowledge paid any visit to Burma, so I am puzzled to read that his previous missions have 'failed miserably'. EU Common Policy on 'restrictive measures' is not as you say 'to maintain or increase sanctions' but 'to revise, amend or reinforce the measures it has already adopted in light of developments on the ground.' (Foreign Affairs Council Conclusions - 26 April 2010). MEPs, by the way, fully support Mr Fassino's mission, though normally only some 8% of the 736 Members attend and vote at EP debates on Burma. Mr Fassino was appointed to his position on 6 November 2007 and has an unrivalled experience negotiating at the very senior level on Burmese affairs, attending most major meetings in capital cities. To say that he has 'little knowledge of Burma and the political situation' is a most regrettable slur on his knowledge and competence. There are other distortions and misrepresentations too numerous to detail in the space allotted."

Interview with Singapore Minister of Foreign Affairs on the ASEAN meeting in Hanoi

Singapore MFA - 20 July 2010

Asked about Myanmar's nuclear programme and whether it is a cause for concern because the US always brings it up, the Singapore Foreign Minister George Yeo replied: "The Myanmar government [and] the Foreign Minister have told us categorically that they do not have a nuclear programme, and they have no ambitions for one." Asked whether they have an energy programme, Mr Yeo said: "Oh, that is completely within the rules. So do many other ASEAN countries."

India rolls out red carpet for General Than Shwe

The Independent - 20 July 2010

Andrew Buncombe reports from New Delhi that the world's largest democracy may have an eye on Myanmar's energy reserves.

Myanmar's top general visiting India - Asian Tribune 20 July 2010

North Korea, Myanmar may dominate security meetings in Hanoi

Associated Press - 19 July 2010

ASEAN Foreign Ministers are expected to press Myanmar, which plans to call general elections this year, to hold its polls in a "free, fair and inclusive manner with the participation of all political parties," according to the draft statement seen by AP.

The AFP text of the ASEAN Regional Forum Chairman's statement due to be released on Friday 23 July 2010 notes that: "The Ministers reiterated the importance of holding the general election in a free, fair, and inclusive manner which would lay the foundation for the long-term stability and prosperity of Myanmar." ARF Ministers are also expected to welcome ASEAN's readiness to support Myanmar and to reaffirm their commitment to remain "constructively engaged" with the country, according to the draft prepared by Vietnam, which will chair the ARF meeting.

AP - 20 July 2010: ASEAN urges Myanmar to hold free, fair election

"Myanmar Elections will test ASEAN credibility"

Amnesty International - 16 July 2010

The Amnesty International (AI) statement urges ASEAN whose Foreign Ministers are to meet in Hanoi 19-23 July 2010 to protect the rights to freedom of expression, peaceful assembly and association through the election period in Myanmar and beyond.

Note by Network Myanmar: AI note that:

"Under Electoral Laws enacted in March, no political prisoner can take part in the elections, including Daw Aung San Suu Kyi. The same laws also prohibit them from membership in any political party."

This is in our view misleading. Firstly, because the authorities in Myanmar have long denied and the Election Laws do not state that there are any political prisoners, though any person currently serving a prison term is excluded from participation. Secondly because Ms Suu Kyi could possibly be eligible to participate because she is not in prison, but only under restricted residence. In similar circumstances in the 1990 Elections, she both voted and was accepted by the Election Commission as a candidate in the elections, but the Courts decided on appeal by her political opponents that her candidature could not be accepted. In his article of 15 July 2010 (below) Jim Della-Giacoma correctly interprets in our view the position when he writes:

"This spring Ms. Suu Kyi announced her party would boycott the polls if the elections do happen. While she was constitutionally barred from standing for the office of president, ambiguities in the new election law meant that it was not automatically apparent that she would have been barred from running for parliament. With her boycott, however, those wishing to vote against the regime now have less choice - symbolically or otherwise."

Elections in Myanmar won't be fair, but they will be significant

Christian Science Monitor - 15 July 201

Jim Della-Giacoma, South East Asia Project Director of the International Crisis Group, argues that while the international community should criticize unfair elections, it should not be blinded to the significance of the change.

Foreign investment in Myanmar "tumbles"

Associated Press - 14 July 2010

A statistical report from the country's Ministry of National Planning and Development states that foreign investment in the 11 months through March 2010 fell 68 percent to $315 million from $985 million the previous year.

Note by Network Myanmar: The statistics only relate to contracted investment formally registered with the Myanmar Investment Commission, not to investment flows into the country. Chinese investment in small-to-medium scale enterprises of US$250,000 to US$1 million is rarely registered, while even much larger projects are not registered either. The figures for 2007-8 were only US$172 million, while for 2005-6 they were US$ 6,068 million. Many projects registered include provision for second and third phases which may never be realised, but for which the acquisition of an investment certificate can have value and help to avoid the bureaucracy of a second or third investment application. Realised investment, that is, capital flows into the country may well have exceeded US$ 2 billion in FY 2009-2010 as natural gas and hydropower projects contractually concluded three or four years ago come on stream. Statistics of actual investment flows into Myanmar, however, are not publicly available.

Vietnam seminar on investment in Myanmar

Viet Nam News - 14 July 2010

A symposium in Ho Chi Minh City yesterday examined trade and investment prospects in Vietnam. The Vietnamese Ambassador to Myanmar revealed that their Embassy now issues guidelines on how to avoid US and EU financial sanctions.

Note by Network Myanmar: Vietnam, Thailand, Singapore, Malaysia and Cambodia are increasingly seen by private equity, venture capital and portfolio investors in Western countries as the easier route to investment entry into Myanmar. Chinese companies likewise provide attractive entry vehicles.

Thai businesses eyeing investments in Burma

Bangkok "The Nation" - 11 July 2010

The newly formed Thai-Myanmar Business Council plans to take a delegation to Myanmar next month to look at investment possibilities in the light industry and manufacturing sectors. China and Singapore are also reportedly increasing their interest in these spheres.

Note by Network Myanmar: ASEAN countries have from time to time made it clear that they are reluctant to invest in manufacturing industries in Myanmar while the economic and political situation remains so unpromising, but elections to be held later this year are thought likely to create a better investment climate. Western venture capital is also taking an interest in ASEAN investment in Myanmar through portfolio support to ASEAN companies outside the parameters of EU investment restrictions.

Websites in Cobwebs

Burmese Perpectives - 11 July 2010

Derek Tonkin ponders on the dilapidated and out-of-date state of numerous Burma/Myanmar websites, including the UK Foreign and Commonwealth Office and the Open Society Institute Burma Programme of financier George Soros. He notes that the principal Shan and Karen Human Rights websites nowadays report very few new cases of violence against women and concludes that the use of the expression "rape as a weapon of war" does not reflect the present reality in Myanmar's ethnic States.

National Democratic Force registered for the Elections

Agence France-Presse - 11 July 2010

Former members of the National League for Democracy have secured their registration for the elections, but now need to complete membership formalities.

Text of Announcement by the Election Commission

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