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The government has convened an independent National Human Rights Commission (NHRC) consisting of 15 retired bureaucrats and academics. Analysts have questioned the panel's will and ability to challenge the government,<ref>{{cite news | url=http://www.bbc.co.uk/news/world-asia-pacific-14807362 | title=Burma sets up human rights commission | publisher=BBC | date=6 September 2011 | accessdate=November 27, 2011}}</ref> but the commission has challenged the President's claims that there are no political prisoners in Burma, calling for all political prisoners' release.
The government has convened an independent National Human Rights Commission (NHRC) consisting of 15 retired bureaucrats and academics. Analysts have questioned the panel's will and ability to challenge the government,<ref>{{cite news | url=http://www.bbc.co.uk/news/world-asia-pacific-14807362 | title=Burma sets up human rights commission | publisher=BBC | date=6 September 2011 | accessdate=November 27, 2011}}</ref> but the commission has challenged the President's claims that there are no political prisoners in Burma, calling for all political prisoners' release.


Two general amnesties were held in 2011 releasing over ten thousands of prisoners, although only about 300 of them are considered political prisoners by monitor groups such as the [[Assistance Association for Political Prisoners]]. After the second general amnesty, some prominent [[prisoners of conscience]] such as comedian [[Zarganar]] have been released, while others such as [[8888 Uprising]] leader [[Min Ko Naing]] remained in prison. The government also approved the NHRC's suggestion to relocate political prisoners so that their family members can easily contact them.<ref>{{cite web | url=http://www.google.com/hostednews/afp/article/ALeqM5ix9iRjjsfExznyXYCtE2qDtCL5UA?docId=CNG.f4f04f22db30a628367b9544a4f0c4c0.361 | title=Myanmar 'to move key jailed dissidents' | publisher=AFP | accessdate=September 1, 2011}}</ref> There are varying definitions of "political prisoner", but [[Amnesty International]] and the NLD consider Burma to have 600 political prisoners.<ref name=Luce/> On 13 January 2012, another amnesty was announced, freeing [[88 Generation Student Group]] activists Min Ko Naing, [[Htay Kywe]], [[Ko Ko Gyi]], [[Nilar Thein]], [[Mie Mie]], and [[Mya Aye]], as well as [[Shan people|Shan]] leader [[Khun Htun Oo]], [[Saffron Revolution]] leader [[U Gambira]], former prime minister [[Khin Nyunt]], blogger [[Nay Phone Latt]], and a number of imprisoned [[Democratic Voice of Burma]] reporters.<ref>{{cite news |url=http://www.bbc.co.uk/news/world-asia-16540871 |title=High-profile dissidents freed in Burma amnesty |date=13 January 2012 |work= |publisher=BBC News |accessdate=13 January 2012}}</ref>
Two general amnesties were held in 2011 releasing over ten thousands of prisoners, although only about 300 of them are considered political prisoners by monitor groups such as the [[Assistance Association for Political Prisoners]] (AAPP). After the second general amnesty, some prominent [[prisoners of conscience]] such as comedian [[Zarganar]] have been released, while others such as [[8888 Uprising]] leader [[Min Ko Naing]] remained in prison. The government also approved the NHRC's suggestion to relocate political prisoners so that their family members can easily contact them.<ref>{{cite web | url=http://www.google.com/hostednews/afp/article/ALeqM5ix9iRjjsfExznyXYCtE2qDtCL5UA?docId=CNG.f4f04f22db30a628367b9544a4f0c4c0.361 | title=Myanmar 'to move key jailed dissidents' | publisher=AFP | accessdate=September 1, 2011}}</ref> There are varying definitions of "political prisoner", but [[Amnesty International]] and the NLD consider Burma to have 600 political prisoners.<ref name=Luce/> On 13 January 2012, another amnesty was announced, freeing [[88 Generation Student Group]] activists Min Ko Naing, [[Htay Kywe]], [[Ko Ko Gyi]], [[Nilar Thein]], [[Mie Mie]], and [[Mya Aye]], as well as [[Shan people|Shan]] leader [[Khun Htun Oo]], [[Saffron Revolution]] leader [[U Gambira]], former prime minister [[Khin Nyunt]], blogger [[Nay Phone Latt]], and a number of imprisoned [[Democratic Voice of Burma]] reporters.<ref>{{cite news |url=http://www.bbc.co.uk/news/world-asia-16540871 |title=High-profile dissidents freed in Burma amnesty |date=13 January 2012 |work= |publisher=BBC News |accessdate=13 January 2012}}</ref> As of March 2012, various organizations have identified upwards of 619 remaining [[political prisoner]]s (AAP has identified 413) in jail.<ref>{{cite news|url=http://www.irrawaddy.org/article.php?art_id=23229|title=US Envoy Told 619 Political Prisoners in Burma|last=Nyein|first=Nyein|date=16 March 2012|work=The Irrawaddy|accessdate=17 March 2012}}</ref>


In October 2011, the government passed new [[International Labour Organization]]-approved legislation that allows for labour unions with at least 30 members, the right to strike, given 2 weeks' notice.<ref name="wapo">{{cite news|url=http://www.washingtonpost.com/world/asia_pacific/myanmar-law-allowing-labor-unions-and-strikes-comes-into-effect/2012/03/10/gIQAXaj72R_story.html|title=Myanmar law allowing labor unions and strikes comes into effect|date=10 March 2012|work=Associated Press|publisher=Washington Post|accessdate=15 March 2012}}</ref> This law, effective 9 March 2012, also provides for punishment of employers who dismiss workers on strike or unionized workers with up to a year in prison and a fine of 100,000 kyat, as well punishment of workers who stage illegal strikes, with up to a year in jail and a fine of 30,000 kyat..<ref name="wapo"/>
In October 2011, the government passed new [[International Labour Organization]]-approved legislation that allows for labour unions with at least 30 members, the right to strike, given 2 weeks' notice.<ref name="wapo">{{cite news|url=http://www.washingtonpost.com/world/asia_pacific/myanmar-law-allowing-labor-unions-and-strikes-comes-into-effect/2012/03/10/gIQAXaj72R_story.html|title=Myanmar law allowing labor unions and strikes comes into effect|date=10 March 2012|work=Associated Press|publisher=Washington Post|accessdate=15 March 2012}}</ref> This law, effective 9 March 2012, also provides for punishment of employers who dismiss workers on strike or unionized workers with up to a year in prison and a fine of 100,000 kyat, as well punishment of workers who stage illegal strikes, with up to a year in jail and a fine of 30,000 kyat..<ref name="wapo"/>

Revision as of 00:38, 17 March 2012

Part of a series on the
Democracy movements in Myanmar
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Background
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2011 Burma's democratic reforms are a series of political, economic and administrative reforms in Burma undertaken by the military backed Union Solidarity and Development Party (USDP). These reforms include the release of pro-democracy leader Aung San Suu Kyi from house arrest and subsequent dialogues with her, establishment of the National Human Rights Commission, general amnesties of more than 200 political prisoners, institution of new labor laws that allow labour unions and strikes, relaxation of press censorship and regulations of currency practices.[1] The reforms come as a surprise to many in the international community, who considered the election of 2010, which led to the victory of USDP, fradulent.[2]

As a consequence of the reforms, ASEAN has approved Burma's bid for the chairmanship in 2014. United States Secretary of State Hillary Clinton visited Burma on 1 December 2011, to encourage further progress; it was the first visit by a Secretary of State in more than fifty years.[3] Aung San Suu Kyi's party, the National League for Democracy will participate in upcoming by-elections after the government abolished laws that led to the NLD's boycott of the 2010 general election. However, uncertainties exist as more than 1,600 political prisoners have not been released and clashes between Burmese troops and local insurgent groups continue.

Background

Main articles: State Peace and Development Council and Burmese general election, 2010

Burma was under military rule from 1962 to 2010. In 2008, the ruling Junta, State Peace and Development Council, announced the new constitution as a part of roadmap to democracy. The constitution, which reserves 25% of the Hluttaw legislature's seats for military, is seen by the opposition as a tool for continuing military control of the country. A constitution referendum was held in 2008 amid of the Cyclone Nargis. Observers criticized the referendum for voter intimidation, electoral fraud and advance voting. Nevertheless, on 15 May 2008, the junta announced that the constitution had been approved by 92.4% of voters, claiming a 99% turnout in the two-thirds of the region that had held the vote.[4]

An election was held in 2010. The military backed Union Solidarity and Development Party declared victory. The United Nations and Western countries have condemned the elections as fraudulent.[5]

Reforms

File:Myitsone dam under construction.png
The halt of Myitsone Dam construction due to public opposition is considered as a "rare reversal"
Aung San Suu Kyi appears on front pages after decades of censorship.

Nevertheless, the government has embarked reforms toward liberal democracy, mixed economy, and reconciliation although the motives of such reforms are still debated.

Corruption

In March 2012, the Pyidaungsu Hluttaw passed a law that will increase the wages of all public sector employees, including soldiers, an additional cost-of-living allowance of 30,000 kyat ($38 USD), along with a daily wage increase of 1,100 to 2,100 kyat ($1.40-$2.70) for full-time employees, purportedly to tackle corruption in the government.[6] The law will be effective 1 April 2012, when the Burmese by-elections, 2012 take place.[6]

On 12 March 2012, The Voice, a weekly news journal published an article that highlighted 6 ministries: the Ministry of Information, Ministry of Mines, Ministry of Agriculture and Irrigation, Ministry of Industry 1 and Ministry of Industry 2, as misusing funds and misstating finances, based on internal parliamentary audit reports.[7] Two days later, the Ministry of Mines announced that it would file a lawsuit against the journal.[7]

Political reforms

The pro-democracy leader, Aung San Suu Kyi was released from house arrest on 13 November 2010. After her release, she held a series of dialogues with President Thein Sein and Minister Aung Kyi.[5] Although the discussions were not publicized, the state media reported that "the two sides have agreed to set aside the differences and work together in matters of common interests that will really benefit the country and the people"[8] Aung San Suu Kyi's ability to travel freely throughout the country is seen as an improvement compared to her trips in 2003 which met with a government sponsored massacre.[5]

Aung San Suu Kyi's party, National League for Democracy boycotted the 2010 election. The election law enacted by the SPDC did not allow ex-prisoners to become members of registered political parties. If NLD decided to register, it would have to expel its members who were imprisoned. But in November, the government erased the clause in a parliamentary section.[9] After the amendments, NLD leaders have unanimously decided to register for the by-election.[10]

Censorship

The government has relaxed press and internet censorship laws, for example allowing photographs of Aung San Suu Kyi to be published on the front page of local newspapers. Tin Shwe, the head of the censorship authority, said that censorship is incompatible with democratic practices and should be abolished.[11] A presidential adviser has indicated that press censorship will be abolished in 2012 under new media legislation.[12] In September 2011, several banned websites including Youtube, Democratic Voice of Burma and Voice of America have been unblocked.[13]

Human rights

The government has convened an independent National Human Rights Commission (NHRC) consisting of 15 retired bureaucrats and academics. Analysts have questioned the panel's will and ability to challenge the government,[14] but the commission has challenged the President's claims that there are no political prisoners in Burma, calling for all political prisoners' release.

Two general amnesties were held in 2011 releasing over ten thousands of prisoners, although only about 300 of them are considered political prisoners by monitor groups such as the Assistance Association for Political Prisoners (AAPP). After the second general amnesty, some prominent prisoners of conscience such as comedian Zarganar have been released, while others such as 8888 Uprising leader Min Ko Naing remained in prison. The government also approved the NHRC's suggestion to relocate political prisoners so that their family members can easily contact them.[15] There are varying definitions of "political prisoner", but Amnesty International and the NLD consider Burma to have 600 political prisoners.[16] On 13 January 2012, another amnesty was announced, freeing 88 Generation Student Group activists Min Ko Naing, Htay Kywe, Ko Ko Gyi, Nilar Thein, Mie Mie, and Mya Aye, as well as Shan leader Khun Htun Oo, Saffron Revolution leader U Gambira, former prime minister Khin Nyunt, blogger Nay Phone Latt, and a number of imprisoned Democratic Voice of Burma reporters.[17] As of March 2012, various organizations have identified upwards of 619 remaining political prisoners (AAP has identified 413) in jail.[18]

In October 2011, the government passed new International Labour Organization-approved legislation that allows for labour unions with at least 30 members, the right to strike, given 2 weeks' notice.[19] This law, effective 9 March 2012, also provides for punishment of employers who dismiss workers on strike or unionized workers with up to a year in prison and a fine of 100,000 kyat, as well punishment of workers who stage illegal strikes, with up to a year in jail and a fine of 30,000 kyat..[19]

The government has however, denied the presence of other human right issues such as alleged army abuses against ethnic minorities, claiming that in ethnic areas, only local insurgent groups violate human rights. The government has accused the Kachin Independence Army of planting bombs, destroying bridges and trading in illegal drugs.[20] Insurgent groups have resumed fighting since a 2008 ceasefire in opposition to the new constitution of Burma that requires all armed forces be under the control of the national Defense Service. Peace talks were held in November to reach a compromise.[21]

Economics

Since 2011, Burma has embarked on policy reforms of anti-corruption laws, currency exchange rates, foreign investment laws and taxation. Foreign investment increased from US$300 million in 2009-10 to a US$20 billion in 2010-11 by about 667 percent.[22] The large inflow of capital resulted in a stronger valuation of the kyat (Burmese currency) by about 25 percent. In response, the government relaxed import restrictions and abolished export taxes. Despite current currency problems, the Burmese economy is expected to grow by about 8.8 percent in 2011.[23]

Burma has a complex foreign exchange system with black markets, foreign exchange certificates, and multiple exchange rates. On request of the government to alleviate its souring currency conditions, an IMF team visited Burma in October. After the visit, the government allowed private banks to engage in the foreign exchange market.

The Central Bank of Myanmar is currently embarking on a plan to unify the country's multiple exchange rate system. From April 2012 to April 2013, the official exchange rate of 6.4 kyats to $1 USD (a rate that has not changed since 1977, when it was pegged to the International Monetary Fund's special drawing rights) will be floated up, to foster an interbank money market. From 2013 to 2014, the most widely used informal black market rate will be completely eliminated.[24] The informal exchange rates are used for most daily transactions, while the overvalued official exchange rate is used to calculate government revenue and state-owned enterprises. There are other informal exchange rates, such an exchange rate used by UN agencies and international NGOs (450 kyat to $1 USD in 2010), a customs rate, and an official market rate.[25][26] Such discrepancies have distorted national accounts (since firms are required to report all transactions in Burmese kyat at the official rate) and reduced transparency and accountability.[26]

In March 2012, a draft foreign investment law emerged, the first in more than 2 decades. This law would oversee unprecedented liberalization of the economy. Foreigners will no longer require a local partner to start a business in the country, will be able to legally lease land.[27] The draft law also stipulates that Burmese citizens must constitute at least 25% of the firm's skilled workforce, and with training, up to 50-75% in subsequent years.[27]

International reaction

US Secretary of State Hillary Clinton travels to Burma to promote democratic reforms

Although the government have been applauded[by whom?] for the reforms, many countries remain "cautiously optimistic". Japan has resumed sending aid which was suspended since the 2007 killing of a Japanese journalist. ASEAN has approved Burma's bid for chair in 2014.

The United States, Australia and the EU has called for further action, such as the unconditional release of all political prisoners, as a prerequisite for the lifting of international sanctions on the Burmese government. The United States has appointed a special envoy, Derek Mitchell, to chart a new policy from Burma away from isolation.[28] Following the government reforms in 2011 and the visit of US Secretary of State Hillary Clinton, the US announced several initiatives, including the removal of some curbs on foreign aid and the possibility of full diplomatic relations, aimed at re-engagement with Burma.[29][30]

On 13 January 2012, following the release of prominent political prisoners including Min Ko Naing, Clinton announced that the US and Burma would begin the process of exchanging ambassadors, though further ties would be dependent on additional reforms.[31]

Analysis

Neither Western sanctions nor Asian constructive engagement should be credited for what we are witnessing today.

— Marie Lall[16]

Experts caution that the reforms will be disproved by the hardliners and probably lead to counterrevolution. But, Minister U Kyaw Hsan said there is no intention to retract reforms.[20]

The motives of such reforms are also debated. Marie Lall, a BBC South Asia analyst attributes Burma's bid for the Asean chair in 2014, the needs to reform the economy for ASEAN Free Trade Area and the government's desire to win the election in 2015 as the main motives of the reforms.[16]

In a February 2012 interview, Aung San Suu Kyi has said that the reforms can still be reversed and urged observers to wait until after the 2012 by-elections and any subsequent policy changes to make a better assessment:[32]

"Ultimate power still rests with the army so until we have the army solidly behind the process of democratisation we cannot say that we have got to a point where there will be no danger of a U-turn. Many people are beginning to say that the democratisation process here is irreversible. It's not so. We must wait until after the elections to find out whether or not there have been real changes. And depending on these changes, there should be suitable changes in policy."

— Aung San Suu Kyi

Criticisms

Human Rights Watch has criticized a new assembly law, the Law Relating to Peaceful Assembly and Peaceful Procession, signed on 2 December 2011, for restricting the right to protest and failing to meet international standards.[33] The law requires to be protesters to seek permission from township police 5 days in advance, including details on the demonstration, such as the slogans to be used, and gives authority arbitrary powers to deny citizens the right to protest.[33]

References

  1. ^ David Loyn (November 19, 2011). "Obstacles lie ahead in Burma's bid for reform". BBC. Retrieved November 20, 2011.
  2. ^ MacFarquhar, Neil (21 October 2010). "U.N. Doubts Fairness of Election in Myanmar". New York Times. Retrieved November 20, 2011.
  3. ^ "US Secretary of State Hillary Clinton to visit Burma". BBC. 18 November 2011. Retrieved November 25, 2011.
  4. ^ "Burma 'approves new constitution'". BBC. 15 May 2008. Retrieved November 26, 2011.
  5. ^ a b c Andrew Marshall (11 April 2011). "The Slow Thaw of Burma's Notorious Military Junta". Times. Retrieved September 1, 2011.
  6. ^ a b Ba Kaung (14 March 2012). "Burma Announces Wage Increase for Govt Workers". The Irrawaddy. Retrieved 15 March 2012.
  7. ^ a b Myo Thant (14 March 2012). "The Voice to be sued after alleging ministries' errors". Mizzima. Retrieved 15 March 2012.
  8. ^ Aung Hla TunHla (19 August 2011). "Myanmar's Suu Kyi holds talks with president". Reuters. Retrieved September 1, 2011.
  9. ^ "Burma Eases Limits on Party Membership". AP. Retrieved November 27, 2011.
  10. ^ "Suu Kyi party launches Myanmar political comeback". AFP. Retrieved November 27, 2011.
  11. ^ Rachel Harvey (8 October 2011). "Burma censor chief calls for more media freedom". BBC. Retrieved November 26, 2011.
  12. ^ "Burma says it plans to abolish press censorship". Australia Network News. 22 November 2011. Retrieved November 26, 2011.
  13. ^ Andrew Buncombe (17 September 2011). "Burmese junta relaxes access to foreign websites". London: The Independent. Retrieved August 29, 2011.
  14. ^ "Burma sets up human rights commission". BBC. 6 September 2011. Retrieved November 27, 2011.
  15. ^ "Myanmar 'to move key jailed dissidents'". AFP. Retrieved September 1, 2011.
  16. ^ a b c Marie Lall (7 November 2011). "Viewpoint: Has a year of civilian rule changed Burma?". BBC. Retrieved November 13, 2011.
  17. ^ "High-profile dissidents freed in Burma amnesty". BBC News. 13 January 2012. Retrieved 13 January 2012.
  18. ^ Nyein, Nyein (16 March 2012). "US Envoy Told 619 Political Prisoners in Burma". The Irrawaddy. Retrieved 17 March 2012.
  19. ^ a b "Myanmar law allowing labor unions and strikes comes into effect". Associated Press. Washington Post. 10 March 2012. Retrieved 15 March 2012.
  20. ^ a b "Interview". WSJ. Retrieved September 1, 2011.
  21. ^ "Burma leaders hold peace talks with ethnic armies". SFgate. Retrieved September 1, 2011.
  22. ^ Joseph Allchin (20 September 2011). "Taste of democracy sends Burma's fragile economy into freefall". London: The Independent. Retrieved September 25, 2011.
  23. ^ JOSEPH ALLCHINJOSEPH (23 September 2011). "Burma tells IMF of economic optimism". DVD. Retrieved September 25, 2011.
  24. ^ "Exclusive: Myanmar to float currency in 2012/13, unify FX rates". Reuters. 6 March 2012. Retrieved 7 March 2012.
  25. ^ Wilson, Trevor (2007). Myanmar: the state, community and the environment. ANU E Press. pp. 118–120. ISBN 9780731538119.
  26. ^ a b Export diversification and economic growth: the experience of selected least developed countries. United Nations. Economic and Social Commission for Asia and the Pacific. United Nations Publications. p. 2004. ISBN 9789211203691.{{cite book}}: CS1 maint: others (link)
  27. ^ a b Aung Hla Htun (16 March 2012). "Exclusive: Myanmar drafts new foreign investment rules". Reuters. Retrieved 17 March 2012.
  28. ^ "US appoints Burma special envoy Derek Mitchell". BBC. 15 April 2011. Retrieved November 27, 2011.
  29. ^ "Clinton Says U.S. Will Relax Some Curbs on Aid to Myanmar". The New York Times. 1 December 2011.
  30. ^ Fuller, Thomas; Landler, Mark (November 18, 2011). "Clinton to Visit Myanmar as Dissident Leader Rejoins Politics". New York Times. Retrieved November 18, 2011.
  31. ^ "US to exchange ambassadors with Burma". BBC News. 13 January 2012. Retrieved 13 January 2012.
  32. ^ Ljunggren, David (29 February 2012). "Myanmar's Suu Kyi says reforms could be reversed". Reuters. Ottowa. Retrieved 15 March 2012.
  33. ^ a b "Burma: New Law on Demonstrations Falls Short". Human Rights Watch. 15 March 2012. Retrieved 15 March 2012.

See also

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