Oh Barma!

Maung Thar Kyaw

During the SLORC era the military junta published a 25 chapter booklet. The Publisher was: Colonel Hla Minn of the Military Intelligence [MI] and was distributed free of charge.

One of the chapters dealt exclusively on Aung San Su Kyi regarding her eligibility to contest in the 1990 elections. Based on that analysis Aung San Su Kyi was barred from the election contestation – out rightly.

The analysis is as follows: 14. Practising Universal Rules In The Protection Of National Security And Interest.

More specifically and importantly what most people do not realize is that in many instances Ms. Suu Kyi is erroneously referred to as an elected person or in some instances as an elected president. Ms. Suu Kyi never stood for the election because she was not eligible to contest a seat. It was not this present military government or the previous socialist government that refused Ms. Suu Kyi the right to stand for elections but ironically it was her own father, Myanmar national hero General Aung San, who wrote into the original constitution, subsequently promulgated in 1948, a clause with the provision that "any person who is under any acknowledgement of allegiance or adherence to a foreign power, or a subject or citizen is entitled to the rights and privileges of a subject or citizen of a foreign power." Thus she is not entitled to contest a seat in the country's elections. Ms. Suu Kyi resided abroad for twenty-eight years and married an Englishman (Giving her the rights to U.K. citizenship) and has 2 children both holding British citizenship. This present military government has to, as all the previous successive Myanmar Governments did, continue to honour this clause and the present national convention has also committed itself to continue to honour the said clause. This type of constitutional condition is implemented by many governments including those of developed nations. It is quite understandable that Governments do not wish to have someone in office who could be unduly influenced by any other nation or power. As a preventive measure certain rules and regulations are 18/ universally drawn up and put into effect to serve as a mechanism to protect the national security as well as the national interest of the respective countries. There is also another false assumption where her being under house restriction during the election period denied her the right to run for the 1990 election. While under house restriction the Government of Myanmar consented to Ms. Suu Kyi's request to contest the election representing Bahan Township Constituency (1) and her name was enrolled on 2nd December 1989. Objections were lodged by various individuals and political parties against the permission granted to Ms. Suu Kyi to contest the forthcoming elections with reference to the provisions of the Pyithu Hluttaw Election Law of 1989. Legally, granting Ms. Suu Kyi the right to contest the election was found to violate and contravene the following 3 articles.

(1) Section (8-b) "Law for people residing in the Union of Myanmar." Ms. Suu Kyi has given her permanent address where she resides with her husband Dr. Michael Aris and 2 sons at 15, Park Town, Oxford, in United Kingdom. Ms. Suu Kyi's name has not been registered at her mother's residence in Yangon which indicates that she is not a permanent resident of Myanmar.

(2) Section (10-e). "Persons who are under any acknowledgement of allegiance or adherence to a foreign power, or are subjects or citizens or entitled to the rights and privileges of a subject or a citizen of a foreign Power." Ms. Suu Kyi enjoys the right to reside in U.K. indefinitely. Apart from the right to vote, she enjoys all the other privileges of a British Citizen.

(3) Section (10-h)." Members of organization in armed revolt against the State, persons against whom there is sufficient grounds of having links with the said organization or with its members to revolt." Ms.Suu Kyi was found to be communicating, collaborating 19/ and harbouring a member of the armed terrorist group and this terrorist was arrested in her residential compound in Yangon together with substantial evidence.

Due to the above mentioned factors Ms. Suu Kyi was found ineligible to contest the 1990 elections. Technically it was not because she was under house restriction during the election time. More importantly, Section 10-e of the May 1989 Election Law was not a provision drawn up by the present military government but was originally drafted by her own father, General Aung San, the National Leader of Modern Myanmar in his (1947) Independence Constitution which was later to be honoured and again put in the (1974) Constitution. Again, in a similar scenario the NLD party is constantly and erroneously referred to as an opposition party. In fact, the Government of Myanmar does not regard the NLD or any other 9 legally existing political parties as opposition parties since the Government regards itself not as a political party but as a transitional government (A National Institution) taking the responsibility of discarding the Socialist One-Party System practising a Socialist Economy and paving the way for a Multi-Party Democracy by introducing a Market-Oriented Economy. In the meantime, for the benefit and interest of the nation, this present government is in the process of establishing and founding national unity, peace, stability and all-round development in the country so that Myanmar shall become in a reasonable period of time, a peaceful, prosperous and modern developed nation.

Sure enough, the present Government that stemmed from nearly five decades of military dictatorship will have to dismember what ‘His Masters’ had pushed bitter elixir down the peoples’ throat. No Government on earth amend laws for the detriment of its own but only the amendments made that will work for the betterment of their stands; and, in current Burmese Government case and context, it is not only good for the domestic consumption but also for the international community to gulp down.

Maung Thar Kyaw

To be contd. -----
December 5, 2011.