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Burma's disciplined democracy
Irrawaddy - January 20, 2011
Htet Aung – Burma's bicameral parliaments will open soon in the new capital of Naypyidaw, but in a draconian atmosphere where democratic principles such as the freedoms of thought, speech, assembly and press will be highly restricted by new parliamentary laws and bylaws.
With its declaration to hold the first sessions of the parliaments on Jan. 31, the junta announced through the state-run newspapers on Jan. 11. the public distribution of 17 books outlining the laws and bylaws.
These laws and bylaws included the rules for electing the president and two vice-presidents, the laws which will govern the national and regional parliaments, and the laws for the Union and regional governments. They were signed by junta chief Snr-Gen Than Shwe and Secretary 1 "Thiha Thura" Tin Aung Myint Oo, and dated on Oct. 21, 2010, some 16 days before the Nov. 7 election.
Article 1 (b) of both the Pyithu Hluttaw (Lower House) and Amyotha Hluttaw (Upper House) states that these laws shall came into effect from the date of promulgation; in which case, the citizens of Burma were unaware that these new laws had already been in effect for about two and a half month. It was also unclear when the laws were drawn up and who participated in the process.
Burma observers shake their heads and accept that this is just the way things work in the military-ruled country. Time and again, basic rights are trampled on or ignored. To allow the public to take part in or even know about the affairs of State is an anathema to this regime. Without any prior public notice or consultation with other political parties, the junta penned these laws behind closed doors.
Article 443 of the 2008 constitution gives the junta a free hand to impose restrictions upon the newly elected parliamentarians through these laws. Article 443 reads: "The preparatory work done by the State Peace and Development Council, before this Constitution comes into operation, to bring the Constitution into operation, shall be deemed to have been carried out in accord with this Constitution."
Among these laws, the Law for the Lower House contains 12 chapters while its bylaws detailing the procedural process in convening a parliamentary session is no less than 23 chapters.
The Speaker of the Lower House will have absolute authority to hold parliamentary sessions "in a disciplined nature," according to Article 17 of the Lower House law. Without the consent of the speaker, no Member of Parliament can ask a single question during a parliamentary session. If a parliamentarian wants to ask a question while parliament is in session, he or she has to submit an official question to the Director-General of the Lower House 10 days before the parliamentary session, according to Article 108 of the bylaw. The restrictions on how MPs can ask a question are strictly outlined in the bylaws.
For instance, the question must not lead to the disclosure of State secrets directly or indirectly; must not affect international relations; and must not undermine the "interests" of the State and its citizens. Moreover, the manner of asking a question is also strictly regulated. At the top of this restriction is a law that each MP must at all times abide by the three national causes: the non-disintegration of the Union; the non-disintegration of national solidarity; and the perpetuation of sovereignty.
The Speaker of the Lower House has the right to reject either entirely or partially any question which is not in accord with these bylaws. Furthermore, no parliamentarian has the right to discuss the decision of the Speaker, according to Articles 114 and 115 of the bylaws.
Although there are no specific regulations on the country's press in covering parliamentary activities, given the current draconian level of press censorship, perhaps they would be simply superfluous anyway. However, the new laws do contain some regulations that could prevent news media from reporting about parliamentary meetings. Action can also be taken against legislators who reveal or leak information.
"Under the law, private media groups are not allowed to enter the parliament building and report about meetings unless the parliament chairman permits them to do so. It means we can be jailed if we approach the parliament building without permission," said an executive editor from a Rangoon-based news media group.
Article 52 (a) of the Lower House Law states that, apart from members of parliament, no one shall be allowed inside the parliament building and if a person enters the parliament building or compound in disguise or by deceit while meetings are in session or stays overnight without the permission of the Speaker, that person shall be sentenced to at least one year imprisonment or 100,000 kyat [US $123] fine or both.
Article 53 (f) of the Law also states that no one shall speak of, write, print or distribute by any means parliament-related documents, information, statistics, drawings, charts or other references, which shall be kept in secrecy. Anyone who breaks this law shall be sentenced to at least two years imprisonment or 200,000 kyat [US$246] fine or both.
"Even an MP cannot speak freely to the media about the country's administrative, legislative and economic issues," said an independent candidate who contested the 2010 November election.
If a parliamentarian leaks official secrets, he or she can be punished by the State Secrets Act, according to Article 29 (C-6) of the Lower House and Upper House bylaws.
In the official invitation sent to the elected candidates to attend the first session of parliament, the junta included a notice saying that various items, including cameras, recorders, computers and lighters cannot be brought to the parliament building.
Journalists in Rangoon said under the new government, domestic media will not be in any way more free, but in fact more restricted.
"I think the situation will become more restrictive," said a news editor from a private journal in Rangoon. "In particular, it will be very difficult to report about the government and sessions of parliament. I am not sure if the Press Scrutiny and Registration Division [PSRD] will allow us to carry even the information we receive from government officials. Criticizing the government will be taboo."
The regime still has not allowed private newspapers in Burma. All weekly journals and monthly magazines currently available in the country are under the tight control of the PSRD.
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