The Myanmar National Human Rights Commission Continues Failing to Deliver

A report authored by Burma Partnership and Equality Myanmar was launched on 25 September 2014 in Rangoon revealing the continuing ineffectiveness of the Myanmar National Human Rights Commission (MNHRC) as well as the lack of independence from the government. The report was launched on the same day that a reshuffle of the members of MNHRC was announced by the government, which came as a complete surprise to civil society organizations due to the lack of consultation.

Released at the Myanmar Journalists Network in Rangoon, Burma: All the President’s Men, contributed to the annual Asian NGO Network on National Human Rights Institutions (ANNI) Report on the Performance and Establishment of National Human Rights Institutions in Asia (2014). The report analyzes the Myanmar National Human Rights Commission Law 2014 enacted in March this year (enabling law) that institutionalizes the mandate of the MNHRC. The report finds that the law does not guarantee independence from the government and in particular, the president’s office. In contravention of international standards on national human rights institutions, namely the Paris Principles, the selection process does not adequately consult with civil society. As the report points out, “It is up to the selection board to come up with procedures for short-listing candidates, yet the enabling law itself should set out the process/procedure for selection, with consultations with civil society.” The members of the MNHRC are actually chosen by a selection board of ten, five of which are from the government or are government-affiliated. The enabling law states that two members of this board are to come from civil society organizations and a further two are to be MP, yet there is no transparency regarding the procedures under which the two MPs are chosen. Additionally, the chosen civil society members to the selection board are restricted to registered civil society only, thus excluding many outspoken and critical political and human rights groups who feel they cannot register under the current climate […]

အမ်ဳိးသား ဒီမိုကေရစီအဖြဲ႔ခ်ဳပ္ႏွင့္ ၈၈မ်ိဳးဆက္ ျငိမ္းခ်မ္းေရးႏွင့္ ပြင့္လင္းလူ႔အဖြဲ႔အစည္း တို႔၏ ၂၀၀၈ ဖြဲ႔စည္းပုံ အေျခခံဥပေဒ ပုဒ္မ ၄၃၆ ျပင္ဆင္ေရးႏွင့္ ပတ္သက္၍ ျပည္သူလူထု လက္မွတ္ေရးထိုး ဆႏၵခံယူပြဲ ရလဒ္မ်ားကို အေျခခံ၍ လိုအပ္သလို ဆက္လက္အေရးယူ ေဆာင္ရြက္ႏိုင္ရန္ တင္ျပျခင္း

Move to Proportional Representation a Power Grab by the Military-backed USDP

The debate over a potential change to Burma’s electoral system, from a First Past the Post System (FPP) to a Proportional Representation System (PR) is gathering momentum, with a new committee formed by the Parliamentary lower house speaker, Shwe Mann, to discuss whether this is appropriate for the country. While the general debate over suitability of differing electoral systems is complex and broad, if seen through the eyes of the context in Burma, there is one clear winner if this change is implemented before the 2015 general election: the military-backed Union Solidarity and Development Party (USDP) which is unsurprisingly supportive of this change.

The argument for Burma to change to PR is certainly compelling. Theoretically, it will give smaller political parties, such as the NDF who proposed the motion, more chance of representation in the legislature, while the same goes for smaller ethnic political parties. Yet it is much more complex than this. For constituencies in ethnically concentrated areas, where there is a dominant ethnic political party, for example the Rakhine Nationalities Development Party (RNDP) in Arakan State, FPP is more advantageous for that dominant ethnic political party, as seen in the RNDP’s dominance of the Arakan State legislature. Focusing on winning seats in ethnically concentrated areas might be the only way that ethnic political parties guarantee representation under the first past the post system. Yet under PR, if the total population of a certain ethnic group is under the 1% threshold of votes needed to gain a seat that is typical of PR, then that party will not win any seats at all, even if the ethnic nationality it represents is dominant in certain constituencies.[…]

Myanmar Military Remains an Obstacle to Progress, AIPMC Warns

The military continues to exert undemocratic control over the Myanmar parliament and remains an obstacle to progress, AIPMC president Eva Kusuma Sundari warned a delegation of visiting Myanmar MPs this week.

Indonesian MPs, including Ms. Sundari, welcomed a delegation of parliamentarians from Myanmar on December 11, exchanging experiences, thoughts and ideas aimed at helping Myanmar’s nascent parliament develop its capacities to build a strong and just Burmese society […]