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National League for Democracy and the 2010 Elections


Notice

The National League for Democracy decided at a meeting on 29 March 2010 not to apply to continue as a political party. The NLD accordingly ceased to exist at midnight on Thursday 6 May 2010 after failing to apply for re-registration. The NLD was formally dissolved on 14 September 2010. Some senior members set up another political party called the National Democratic Force and won 16 seats in national and state assemblies at the 2010 elections, but were annihilated at the 2015 elections and now cease to exist as a political party.
 
The NLD was reregistered in November 2011 to enable Aung San Suu Kyi to compete in the by-elections held on 1 April that year.

People's Daily Online - 12 November 2010
The report quotes an article by "a law analyst" in the New Light of Myanmar today as noting that: "The multi-party democracy general elections have been successfully completed. There is no ban on the right to form as political parties of organizations that want to accept and practise a genuine and discipline-flourishing multi-party democratic system. If an organization is desirous of forming and registering as a political party it is required to form and register in accord with the existing political parties registration law. Refraining from applying for registration is tantamount to violating the existing laws."
 
Note by Network Myanmar:The NLM article mentions by name the National League for Democracy and implies that the NLD may apply to re-register as a political party as there is no ban on political parties or organisations "that want to accept and practise a genuine and discipline-flourishing multiparty democratic system." Such terms are unlikely to be acceptable to Suu Kyi. They imply recognition of the 2008 Constitution which the NLD have rejected.

Myanmar's Suu Kyi to probe election fraud
Associated Press - 10 November 2010
Her lawyer, Nyan Win, says that the NLD has set up a committee to probe election fraud. Suu Kyi will assist if she is released.
 
Note by Network Myanmar: The same was said after the 2008 Referendum vote. Nothing more was heard. The NLD is now deregistered and might well have no status to appeal.

Time - 8 November 2010
What can Suu Kyi offer to move her beleaguered nation forward? Perhaps more than the election results themselves, it is what the Lady will say that Burma is really waiting to hear.

DVB - 27 October 2010
The National Democratic Force deny that the decision to allow the NLD to lapse was taken "unanimously". No vote was taken our of deference to Suu Kyi. 

Agence France-Presse - 26 October 2010
Ms Suu Kyi's lawyer Nyan Win produces yet another statement from Ms Suu Kyi, or possibly the National League for Democracy, stating that: "This election will be held to prolong the military dictatorship and to confirm the 2008 Constitution."
 
Note by Network Myanmar: Ms Suu Kyi has been bound over to observe "good conduct" if she is to be pardoned and released at the end of her 18-month period of house arrest which could be on 13 November 2010. The regime is unlikely to regard such a statement as conciliatory.

Agence France-Presse - 27 September 2010
AFP note that Ms Suu Kyi' backing of a boycott has led to a rift between those who support her defiant stance and others who see the vote as the only hope of progress. "According to the law, no prisoner has the right to vote. As Daw Aung San Suu Kyi has the right to vote now,it's sure that she is not serving a prison term," NDF Chairman Than Nyein told AFP. 

Agence France-Presse - 30 September 2010
Officials in Myanmar have reportedly told international agencies that Ms Suu Kyi will be freed from house arrest on 13 November 2010.
 
Note by Network Myanmar: This would be exactly 18 months after a period of restricted residence was imposed on Ms Syi Kyi replacing a term of three years' imprisonment arising from her conviction for breaking the conditions of her previous house arrest under a different ordinance. As Ms Suu Kyi was not technically "in prison", as in 1990 she is permitted to vote in the forthcoming elections, but is most unlikely to do so. It is also apparent that there would have been no need for her to resign from the National League for Democracy, had the party wished to continue in existence. She would also technically be eligible to stand for parliament, but had already said that she would not think of doing so.

Myanmar Times - 20-26 September 2010
The English-language weekly in Myanmar publishes the news that Ms Suu Kyi's name was included in the electoral rolls released on Monday 20 September 2010.
 
Note by Network Myanmar: The decision by the National League for Democracy not to apply for the continued existence of their party was motivated primarily by their untested assumption that Ms Suu Kyi would not be allowed to participate in the elections. For reasons which must raise serious questions, the NLD did not itsellf seek a ruling from the Election Commission, who are alone authorised to make decisions in this context, but drew their own conclusions from their reading of the election laws, even though in very similar circumstances in 1990 Ms Suu Kyi had been allowed, not only to vote, but also to submit an application to stand in the elections.
 
We might ask why the NLD chose not to seek a ruling, as their practice over the years has been to issue a legal challenge on many issues relating to Ms Suu Kyi and the party. As it is now apparent that Ms Suu Kyi is indeed allowed to vote, because she is deemed not to be "in prison", it is clear that there was no requirement for her to resign as a member of the party or to give up her position as General Secretary for the NLD to continue in existence. She had however made it clear that she was not interested in standing for elections, so the Election Commission did not need to take a decision on that matter. 

Deutsche Presse-Agentur - 27 September 2010
National Democratic Force leader U Khin Maung Swe told about 250 gathered at a NDF ceremony Monday that 'people who neglect to vote in the forthcoming election are committing a political crime.' The NDF leader urged voters to 'clean the government.'              

Agence France-Presse - 24 September 2010
An official has confirmed her right to vote in the first election in two decades, due on November 7, saying the relevant authorities "are likely to inform her soon". He said she had the right to vote on the basis that she is under house arrest rather than in prison.
 
Note by Network Myanmar: It now seems that Ms Suu Kyi's name was on the main list which wasn't released on Monday 20 September 2010 because of "lack of space". Ms Suu Kyi was allowed to vote in the Elections (in 1990) and in the Constitutional Referendum (in 2008). Only the Election Commission could have decided whether she would also have been eligible to stand as a candidate at the 7 November Elections, but it is now too late to ask. In any case Ms Suu Kyi has said that she has no interest in standing, so the Election Commission needed to take no decision. The implications of the discovery of Ms Suu Kyi's name on the electoral roll are that she is not after all deemed by the authorities to be "in prison" and that she has throughout remained Secretary-General of the NLD and need not have resigned from the party for the NLD to continue in existence. It is strange in retrospect that the NLD's lawyers did not ask the Election Commission for a ruling on these matters. The US reaction is predictably dismissive.

Dissolution of the National League for Democracy
Burmese Perspectives - 22 September 2010
Derek Tonkin analyses the significance of the dissolution of the National League for Democracy.    
 
    


Associated Press (Yangon) - 20 September 2010
AP reports that Ms Suu Kyi's name is not to be found on the electoral rolls for the 7 November 2010 elections published today. Her name was on the rolls for the 1990 Elections and the 2008 Referendum on the Constitution. She may apply to be reinstated within seven days.        

NDR "Weltspiegel" - 19 September 2010
A video reportage in German, including a short interview with Dr Than Nyein, Chairman of the National Democratic Force, who explains that he feels they have no choice but to take part in the elections. A two page programme report in German is attached.    

New Light of Myanmar - 18 September 2010

The article dismisses the arguments put forward by the National League of Democracy that the registration of their party has not been revoked as it is illegal and warns against attempts to incite a poll boycott.

Note by Network Myanmar: Although the National League for Democracy is not mentioned by name, they are clearly targeted in the article which is a warning to them not to break the law. Ms Suu Kyi could be due or release from restricted residence about 13 November 2010 provided she has shown "good conduct".


New Light of Myanmar in further criticism of the NLD - 19 September 2010         

NDF-NLD Relations

Mizzima - 17 September 2010           

Spokesperson's Noon Briefing - 15 September 2010
Excerpt: "The Secretary-General notes with some concern the decision by the Union Election Commission to dissolve 10 political parties prior to the general election, including the National League for Democracy and four others for failing to renew their registration, and he further notes that the Union Election Commission has issued campaigning guidelines for the remaining 37 parties to register to contest the elections. The Secretary-General once again urges the Myanmar authorities to ensure conditions conducive for a fully inclusive and participatory electoral process."
 
Note by Network Myanmar: The NLD decided on 29 March 2010 that they would not complete Form E-1 of the By-Laws for the Political Parties Registration Act (on Pages 21-23 of the By-Laws) which was necessary if the NLD wished to continue in existence. This required only the signatures of Chairman Aung Shwe and Vice-Chairman Tin Oo, not of Daw Aung San Suu Kyi as General Secretary. Form E-1 did not require any undertaking to abide by the 2008 Constitution. Accordingly their registration lapsed at midnight on 6 May 2010, the deadline for receipt of applications, as did the registrations of four other ethnic parties. 
 
The formal dismantling of the NLD on 6 May 2010 was reported the same day by the veteran New York Times correspondent Seth Mydans in the following terms: "The political party of Myanmar's imprisoned opposition leader, Daw Aung San Suu Kyi, was  officially dissolved at 12:01 a.m. Friday [7 May 2010] after more than 20 years as the core of pro-democracy resistance to Myanmar’s military junta." The Notification by the Union Election Commission dated 14 September 2010 was accordingly no more than the confirmation of the known status quo of the parties, both those which had already been notified of their formal registration and those which had been dissolved either on 6 May 2010 for failure to renew their registration or on 30 August 2010 for failure to present a minimum of three election candidates. This formal announcement is required by Article 25 of the By-laws to the Political Parties Registration Act, as explained in an article in the New Light of Myanmar.


French Foreign Ministry Spokesman on the dissolution of the NLD
Quai d'Orsay - 15 September 2010
Following is verbatim extract from today's press briefing: 
 
"La dissolution de la Ligue nationale pour la Démocratie (LND), parti d'Aung San Suu Kyi, a été officiellement annoncée par la junte le 14 septembre. Cette situation, profondément choquante, résulte de la mise en œuvre des lois électorales iniques promulguées au mois de mars dernier. Bernard Kouchner avait dès cette promulgation exprimé la condamnation la plus ferme de la France de cette législation qui ne crée pas les conditions d'un processus ouvert à tous les acteurs politiques. De toute évidence, les conditions ne sont pas réunies pour que les élections du 7 novembre soient considérées comme démocratiques et crédibles. Nous déplorons vivement que nos appels au dialogue avec l'opposition n'aient pas été entendus par la junte, alors que ces élections auraient dû être le premier rendez-vous électoral et démocratique attendu par le peuple birman depuis 20 ans.
 
"La France continue à soutenir le mouvement démocratique en Birmanie, tous ceux et celles qui luttent pour la réconciliation nationale et le respect des droits de l'Homme. Nos préoccupations seront rappelées dans la résolution que l'Union européenne présentera prochainement à l'Assemblée générale des Nations unies. Nous renouvelons notre demande de libération de tous les prisonniers politiques, y compris Aung San Suu Kyi, dans l'intérêt de la réconciliation nationale en Birmanie."      

Deutsche Presse- Agentur - 14 September 2010
DPA reports on today's announcement on State television in Myanmar of the dissolution of 10 political parties, five for failing to register candidates in time, and five for failing to apply for the continued registration of existing parties. As a result, 37 political parties are now fully registered to contest the elections.

The Irrawaddy - 14 September 2010
Five previously registered parties have been dissolved for failing to complete candidate registration in time. They are named as: the Union Karen League, the Myanmar New Society Party, the Mro National Party, the Myanmar Democracy Congress and the Regional Development Party (Pyay). Five other parties have been dissolved because they did not re-apply for registration. They were named as: the National League for Democracy, the Shan Nationalities League for Democracy, the Union Pa-O National Organization, the Shan State Kokang Democratic Party and the Wa National Development Party. All ten parties may no longer participate in any form of political activity.    

Myanmar Times - 6-12 September 2010
Dr Than Nyein discusses the fortunes of the NDF in the forthcoming elections.      

Deutsche Presse-Agentur - 5 September 2010
Ms Suu Kyi reportedly claims that the National League for Democracy was forced to disband and that the military authorities should be sued.
 
Note by Network Myanmar: The NLD decided at a plenary meeting of the Central Committee on 29 March 2010 not to apply for the continuation of the party, which accordingly ceased to exist at midnight on 6 May 2010 which was the deadline for the receipt of applications. The decision to boycott the polls was taken without a secret vote, and out of respect for Ms Suu Kyi's wishes there were no objections, so the decision was deemed to have been taken unanimously. However, about one third of the 20-member Central Executive Committee announced on 7 May 2010, the day after the NLD's formal dissolution by default, their intention to form a new Party, the National Democratic Force. This has put up 161 candidates in three assemblies and has invited Ms Suu Kyi to join at any time. Ms Suu Kyi has shown no interest. About 80% of NDF members are reportedly ex-NLD.            

Agence France-Presse - 24 August 2010
The latest thoughts of Ms Suu Kyi, as presented, or perhaps interpreted by her lawyer Nyan Win.      

Japan Times - 21 August 2010
The Japanese Government has urged Myanmar to release democracy leader Aung San Suu Kyi and other political prisoners and conduct its general election in an open, free and fair manner, Foreign Minister Katsuya Okada said Friday.      

Agence France-Presse - 19 August 2010
Watched by plain-clothes police and military intelligence personnel, about 100 people attended the inaugural ceremony of the National Democratic Front in Mandalay where members cut a ribbon and released balloons. "We cannot avoid the coming election, whether we assume it is fair or not," NDF chairman Than Nyein said in a speech.     

The Irrawaddy - 19 August 2010
A reported meeting of the (now defunct) NLD CEC yesterday decided to boycott the 7 November election, according to a party spokesman.          

Japan Times - 23 July 2010
Meeting in Hanoi in the margins of the current ASEAN meetings, Burmese Foreign Minister Nyan Win assures Japanese FM Katsuya Okada that Ms Suu Kyi is free to stand for Parliament as soon as she is released.     

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.


Reuters - 3 July 2010
The National Democratic Force and former members of the NLD disagree over the NDF's right to use a bamboo hat as their symbol.     

New Statesman - 27 May 2010
Text of a personal letter to Ms Suu Kyi, said to be one of two final letters he wrote from No. 10 Downing Street. The other letter was to Nelson Mandela.        

Associated Press (Yangon) - 27 May 2010    

The Independent - 19 May 2010
Andrew Buncombe reports that Ms Suu Kyi has reacted with surprising anger to the decision of her former colleagues to form a breakaway party and contest the upcoming polls. Though the decision to boycott the polls was technically unanimous, the day after the formal dissolution of the National League for Democracy (NLD), several members announced they were setting up a new party, the National Democratic Force.....
 
Note by Network Myanmar: Reports of the crucial meeting on 29 March 2010 confirm that a substantial minority disagreed with the dissolution of the NLD, but out of respect for Ms Suu Kyi, who supported a boycott, decided not to contest the decision (and indeed were not even allowed to speak). The NDF however remain in a conciliatory mood, reassert that they support NLD ideals and would be delighted to welcome Ms Suu Kyi into their ranks when she is no longer under restricted residence, if she is so minded. The sharp criticisms of the NDF appear to have come only from the hard-liners in the former NLD and is not reciprocated.      

Reuters - 15 May 2010
Ms. Suu Kyi has criticised a breakaway faction of her now-defunct political party, her lawyer Nyan Win has  said, after (supposedly) renegade former members set up a party of their own to contest this year’s election. Mr. Suu Kyi  called the splinter group “undemocratic”. Her own party did not register its candidacy by 7 May, saying unjust election laws barred many of its senior figures from running. “Aung San Suu Kyi said that the minority going against the decision unanimously reached by the majority is against democratic practice,” said Suu Kyi’s lawyer, Nyan Win, one of the few people allowed to visit her.
 
Note by Network Myanmar: Nyan Win has taken on the role of oracle at the shrine of Ms Suu Kyi at 54 University Avenue, but some have expressed scepticism that Ms Suu Kyi's utterances are reported accurately. It is in any case difficult to understand how a decision reached by a majority can be described as "unanimous". In the past, party discipline in the NLD was very strict, but now that the NLD is defunct as a political party, Ms. Suu Kyi's writ no longer runs to the extent of disciplining those former NLD members who have minds of their own and wish to pursue the political struggle through other channels.   

Agence France-Presse - 14 May 2010
Suu Kyi "said it was very beneficial regarding Mr Kurt Campbell's visit," her lawyer Nyan Win told reporters after meeting the Nobel Peace Prize laureate at her home earlier in the day. "She said they had agreed on many things," he added. Nyan Win said the 64-year-old pro-democracy icon was in good health and was allowed to meet the visiting US assistant secretary of state for more than one and half hours Monday at a government state guest house.
 
Note by Network Myanmar: Mr Nyan Win has acquired a reputation for being less than reliable as the sole oracle of Suu Kyi's views.     

Associated Press - 7 May 2010
Khin Maung Swe, a former political prisoner, has said that he had earlier suggested the idea of forming what he called a "lifeboat party" to enable the League to circumvent the dissolution. "The idea was not accepted," he said, but the faction decided to form one anyway. Swe said the new party would register with the Election Commission this month. While existing parties had to reregister by May 6, new parties are given more time. Roughly 80 percent of the new party's membership would be from Suu Kyi's former party, he said. "We are going to continue our unending democratic struggle within the legal framework," said Than Nyein, expected to serve as the new party's chairman.   

Voice of America News - 6 May 2010
Reports from VoA and other news agencies suggest that former members of the National League for Democracy have decided in principle to apply for the registration of a new political party, based generally on NLD policies and ideals, to be called the National Democratic Force. Reports suggest that at least one fifth of the members of the present NLD Central Committeehave agreed to promote the new party which would not include Daw Aung San Suu Kyi in any capacity.
 
Note by Network Myanmar: This news is not unexpected, but it remains to be seen whether the new party will satisfy registration requirements. The supposed "unanimity" of the NLD's decision last month not to apply for re-registration of the NLD was generally seen as reflecting respect for Suu Kyi's personal opposition to registration, though the reality is that a substantial minority of the NLD did not support the decision.                 

The New York Times - 6 May 2010
Seth Mydans  notes that the party’s dissolution was in effect an act of defiance in advance of a Parliamentary election which it has denounced as undemocratic. By refusing to register for the polls, it automatically disqualified itself as a political party.         

BBC News - 6 May 2010     

Agence France-Presse (Yangon) - 5 May 2010      

Channel News Asia - 6 May 2010      

Associated Press - 5 May 2010     

The Irrawaddy - 5 May 2010
Aung Naing Oo examines the decision of the NLD to disband and points to the problems which will now arise with the NLD's continued existence in any form.      

Spero News - 4 May 2010      

Interview with Tin Oo, Deputy Leader of the NLD - 3 May 2010       

The Irrawaddy - 1 May 2010
On 29 April the Central Execuive Committee of the NLD reportedly held their last meeting before expected dissolution after 6 May. But there would still seem to be strong differences of opinion within the party about how best to proceed. Said Win Tin: "If some NLD members want to form a party after 6 May, then that is their right, but it means they accept the 2008 Constitution that we are opposed to."      

Himal South Asian (Nepal) - May 2010
Htet Aung, Chief Reporter for "The Irrawaddy", assesses the wisdom of the NLD's decision to boycott the elections and is far from persuaded that it was the right thing to do.           

Agence France-Presse - 29 April 2010
Suu Kyi's lawyer has said that two suits were submitted against the top junta leader Senior General Than Shwe, one on behalf of Suu Kyi herself and the other by her party, the National League for Democracy (NLD). Suu Kyi has asked the court to annul the part of the election law that would have forced the party to oust its detained leader in order to participate in the first polls to be held in two decades. Instead, her party decided last month to boycott the elections, which are expected to be later this year. The NLD faces dissolution if it fails to re-register by May 6. In addition, the lawsuits asked for the formation of a parliament made up of lawmakers who won in 1990 elections.
 
Note by Network Myanmar: In fact, only the Election Commission has the power to rule on whether or not Suu Kyi is eligible to stand for Parliament and hence whether her expulsion is necessary for the continued existence of the party. As the NLD have apparently decided not to seek re-registration, the issue of Suu Kyi's eligibility would not be raised. In 1990 her detention under house arrest was not deemed to be incarceration in jail. Suu Kyi herself recognised in July 1989, but did not accept, that the 1990 elections were not in the first instance designed by the State Law and Order Restoration Committee to elect a governing parliament.       

The Irrawaddy - 26 April 2010
NLD Spokesman Nyan Win has sought to clarify Suu Kyi's remarks on the Thai situation. “I did not say that she mentioned the name [Thaksin],” said Nyan Win. “What I said is that she said a military coup ousted an elected government and wrote a Constitution. Now the ruling under the Constitution affects unrest [in Thailand],” Nyan Win told The Irrawaddy on today. He said that Suu Kyi’s comments were casual remarks, not a policy statement on the Thai political scene.
 
Note by Network Myanmar: Thai blogs, generally supportive of Suu Kyi, are now emerging about the controversy. See especially Bangkok Pundit in Thai and English.              

Thai Senator criticises Suu Kyi
Matichon - 26 April 2010
Senator Prasong Nurack is reported to have complained at a meeting of the Senate in Bangkok yesterday: "I feel so disappointed because Ms Aung San Suu Kyi ought to understand Thailand better. So I would ask for a financial check to see whether Ms Aung San Suu Kyi might have received support from any person". Senator Prasong is an appointed member of the Senate and a long time Iowa restaurateur. He has a record of opposition to Thaksin and of support for human rights.         

The Straits Times - 24 April 2010
According to National League for Democracy spokesman Nyan Win, Suu Kyi is reported to have said: 'A new government coming to power under a constitution drawn up by the military will never be stable. We do not need to see very far. We just see Thailand. Thaksin was an elected person. The military seized the power from an elected person. The constitution was drawn up by the military. After that, what happened with the first (government)? It was not stable. This was a result of the constitution being written by the military.' Nyan Win said Suu Kyi was not giving an opinion on the rights and wrongs of the conflict in Thailand.
 
Note by Network Myanmar: The drafting of the 2007 Constitution in Thailand was sharply criticised at the time, as was the national referendum which approved the draft Constitution by 56.69% of all valid votes in favour to 41.37% against. Without substantial propaganda and manipulation by the Thai military regime, it seems unlikely that the Constitution would have been approved. International criticism  at the time of the constitutional process however was muted. Following the elections on 23 December 2007, the People's Power Party (PPP), founded on 29 July 2007 and formed mostly from former members of Thaksin Shinawatra's Thai Rak Thai Party, came to power with Samak Sundaravej as Prime Minister. But this administration collapsed under charges of vote buying and other transgressions, and the PPP was dissolved by the Constitutional Court on 2 December 2008. In the subsequent political turbulence, the present Prime Minister Abhisit Vejjajiva, Leader of the Democrat Party, was voted into power by the House of Representatives. Abhisit's administration is accordingly the second government after the 2007 Constitution came into force. But it has yet to be approved by a popular mandate in general elections.  Abhisit has acknowledged the flaws in the Constitution, but has promised to seek its amendment (under a process which in essence requires only a simple majority vote by the House and the Senate).

The Irrawaddy - 21 April 2010
A nostalgic article about what looks likely to be the final days of the NLD, with brave words from (who else but ) CEC Member Win Tin.

Burmese Perspectives - 11 April 2010
Derek Tonkin seeks to assess recent developments within the National League for Democracy.

Asian Sentinel - 8 April 2010
Pavin Chachavalpongpun, Fellow at the Institute of South East Asian Studies in Singapore, discusses a new role role for Suu Kyi in tackling welfare issues which would keep her in the political limelight.

Reuters (Yangon) - 6 April 2010
The National League for Democracy (NLD), which has angered many of its followers by refusing to run in the forthcoming polls, said it expected to fold but  insisted it had not turned its back on the Burmese people. It did not say how it planned to keep up its fight after dissolution."It will carry on making systematic, peaceful and all sorts of non-violent efforts until democracy is achieved," the party added in a statement. NLD Chairman Tin Oo told Reuters on Tuesday he had started the process of dissolving the NLD. He refused to discuss the future of the party, which he last week said "will never die". The full text of the statement in Burmese is attached as well as an unofficial English translation.
 
Comment by Network Myanmar: Ever since Suu Kyi made clear her total opposition as a matter of principle to participation in the forthcoming elections, the dissolution of the NLD has been a foregone conclusion. It might have survived if Suu Kyi had offered the option of herself rising above politics during the remaining months of her house arrest, but no such offer was forthcoming, and just as in November 1995 she took the NLD out of the National Convention because of its undemocratic procedures, so in late March 2010 she has taken the NLD out of the elections nemine contradicente. The military regime must find it hard to believe their good fortune.

"NLD apologizes for failed struggle"                
Mizzima - 30 March 2010
U Win Tin tells Francis Wade of NLD plan's "to move around the people and find out what we can do to help them."

Associated Press (Yangon) - 30 March 2010
Opinions remain divided in Yangon over the wisdom of the NLD's decision to boycott the elections later this year.

Associated Press (Yangon) - 30 March 2010
Many residents of Myanmar's largest city Yangon have today greeted a decision by Suu Kyi's party to boycott elections with rousing approval, but others blamed it for leaving them with little choice in the military-organized balloting.
 
Note by Network Myanmar: As the euphoria wears, many in Myanmar will question whether it was the right decision. The international community remains studiously neutral, saying that they respect and understand the NLD's decision, which was a foregone conclusion once Suu Kyi had let it be known that she would not think of taking part in the elections. 

Reuters (Yangon) - 30 March 2010     
"I'm so sorry the NLD used their hearts, not their heads. It was an irretrievable policy blunder," said a high school headmaster in Yangon. "The whole nation will regret this. It shows the NLD are not qualified politicians. They lack the guts to go ahead without Aung San Suu Kyi." 

Reuters (Yangon) - 29 March 2010
"After a unanimous vote of the central executive committee, the NLD party has decided not to register as a political party because the election laws ... are unfair and unjust," the party has said in a statement.
 
Note by Network Myanmar: It is not yet clear whether the NLD decision comes into immediate effect or not, although a second decision was reportedly taken not to abolish the party. Even so, the regime might decide to close the party down forthwith and confiscate its assets under Article 19(a) of the Political Parties Registration Law. The requirement is to complete by 7 May 2010 an application for the NLD's existing registration to continue, not to "register" or even to "re-register".

The following "Six Points" by Suu Kyi were reportedly conveyed through  her lawyer U Nyan Win to senior NLD  party members prior to their decision on 29 March 2010 not to seek a continuance of NLD party registration:


1.    She does not accept the 2008 Constitution and upholds the “Shwegondaing Declaration.”
2.    She does not accept the junta's unjust and one-sided Political Party Registration Law, which is undemocratic.
3.    She said that the NLD is neither her property nor anyone else's.
4.    She does not favour or accept any attempt to create factions within the party.
5.    She would like to say to the people that she is committed to democracy and will continue her struggle.
6.    She will not recognize that the NLD is abolished, even if it is dissolved by the military regime.   

The Irrawaddy - 25 March 2010
Win Tin and Khin Maung Swe offer opposing views on the re-registration of the National League for Democracy and the NLD's participation in the forthcoming elections.

NLD between a rock and a hard place  


New Light of Myanmar - 27 March 2010
Part 1 of a commentary by a lawyer on aspects of the election laws. This may be seen as a response to the NLD Special Announcement of 23 March 2010.   
  
New Light of Myanmar - 28 March 2010
Part 2 of a commentary by a lawyer on aspects of the election laws.      

Central Executive Committee - 23 March 2010       

Associated Press - 23 March 2010
“Personally, I would not even think of registering (the party) under these unjust laws,” Ms. Suu Kyi said, according to her lawyer Nyan Win who met with her Tuesday at her lakeside villa in Yangon. She added: “I am not instructing the party or the people. They are free to make their decisions democratically,” Nyan Win said.
 
Note by Network Myanmar: Reports from other sources say that yesterday (22 March) the senior echelons of the party, the Central Committee and Central Executive Committee, decided not to hold a secret ballot on Monday 29 March about whether to register the party for the elections or not, but to leave the decision to Suu Kyi and Chairman Aung Shwe. Those in the NLD who might wish to participate in the elections despite all its flaws will no doubt find other ways of so doing if the NLD itself does not register. The possibility of a split in the party would now seem to be high.

Deutsche Presse-Agentur - 23 March 2010        
Myanmar's Supreme Court on Tuesday (23 March) rejected the main opposition party's challenge to the military government's new election laws. The National League for Democracy presented its case to the Supreme Court but it was not accepted, the party said in a statement.

Mizzima - 20 March 2010
There are fears that the ranks of the National League for Democracy could fracture following a contentious debate within party leadership on whether the party should re-register or not for the elections.         

Deutsche Presse-Agentur - 19 March 2010
According to opposition sources in Yangon, the National League for Democracy decided today (Friday 19 March) that they would sue the Government on the grounds that the exclusion of Suu Kyi and other prisoners of conscience from the forthcoming elections was unlawful.        

The Irrawaddy - 17 March 2010
The indications are that most NLD members wish to see their party register for the forthcoming elections, but some influential members of the Central Executive Committee remain opposed.    

Agence France Presse - 15 March 2010
NLD spokesman Khin Maung Swe told AFP that opinions among senior party members were 'not black or white' after meeting on Monday to discuss the legislation, which gives them 60 days from last Monday to register ahead of elections this year. 'The central executive committee members are going to decide on March 29 whether to register or not,' Khin Maung Swe said. Suu Kyi, who has been locked up in the military-ruled nation for 14 of the past 20 years, would be included in the committee vote and 'will accept their decision", he added. 'The authorities know that we have to meet with Aung San Suu Kyi after they released the laws, so there is a hope to be able to meet her to reach a clear decision.'

Associated Press - 11 March 2010
"Aung San Suu Kyi said she never expected such repressive laws would come out but said she's not disappointed," Nyan Win told reporters after meeting the 64-year-old Nobel laureate at her home Thursday. "She said such challenges call for resolute responses and calls on the people and democratic forces to take unanimous action against such unfair laws."
 
Note by Network Myanmar: If Suu Kyi has been correctly reported as calling for "unanimous action" by the people against the election laws, then she is clearly set on a path of self-destruction not only for herself personally but also for the NLD as currently constituted.               

Reuters (Yangon) - 11 March 2010

"So far as we have heard, about 100 branch offices have been reopened across the country, effective Wednesday," said Nyan Win, a spokesman for the National League for Democracy (NLD). He gave a guarded welcome to the government's move."Yes, it's a positive step," he said. "I think they want us to take part in the election, but we still haven't made up our mind about this. We still need to talk it over among the top [NLD] leaders, including Daw Aung San Suu Kyi."

Not only is Suu Kyi not allowed to be a member of a political party member, she is also not allowed to lead any political party if the polls are held before her release from detention, according to the party registration law. Chapter II, Article 4 (e) of the Political Parties Registration Law specifies: “A person convicted by a court and currently serving a jail term or the person in the process of a legal pursuit against the jail term for a review of it at a court are not eligible to found a political party.”


Agence France-Presse - 10 March 2010
"I have noticed that we have to expel Daw Suu. Their attitude is clear in this law," NLD spokesman Nyan Win told AFP. "I was extremely surprised when I saw this.  I did not think it would be so bad." The new law also gives the NLD 60 days to register as a party if it wants to take part in the elections, which the junta has promised sometime this year. The NLD has not yet decided whether it wants to participate. Under Suu Kyi's leadership the party won Myanmar's last elections in 1990 by a landslide but the military regime annulled the result. Suu Kyi has been in detention for 14 of the subsequent 20 years. Suu Kyi was already barred from standing as a candidate under a new constitution approved in a 2008 referendum, under a clause stipulating that those married to foreign nationals are not eligible.
    
Note by Network Myanmar: The Political Parties Registration Law №  2/2010 of 8 March 2010 sets the conditions for registration as a political party and for participation in the forthcoming elections.  These conditions are based on the criteria set out in Chapter X of the 2008 Constitution, Articles 404 - 409. According to agency reports,  a "national" party for the National Assembly (Pyithu Hluttaw) must have at least 1,000 members and 15 founding members, while "regional" parties for other Assemblies need a minimum of 500 members (and the same number of founding members). Parties, both old and new, must register within 60 days of the enactment of the Law on 8 March 2010.  A party must contest at least three Assembly seats to avoid deregistration. Any person serving a term in prison is debarred from helping to form a political party or even from being a member of a political party. Parties will be required to accept and practise "a genuine and discipline-flourishing multi-party democratic system" and be loyal to the State. A refusal to accede to these criteria would result in the rejection of a party's application to register.    
 
So far as Daw Aung San Suu Kyi is concerned, her present status is far from clear. In the 1990 elections she was not ineligible to stand for election because of her restricted residence at the time under the 1975 State Protection Law. She was debarred on other grounds. In 2010 she is subject to restricted residence in accordance with a directive issued by Senior General Than Shwe on 10 August 2009 a day before her conviction. It is not clear whether the current period of her restricted residence has the same status as that of her previous conviction under the 1975 Law, that is, whether her suspended sentence means that she is under a disability in standing for election under Law №  2/2010. She would have the right of appeal if her application to stand for election to the National Assembly (for which she would not appear to be ineligible on the grounds of her former marriage to a foreigner - see Page 11 of the ICG Report "Myanmar: Towards the Elections") was rejected for any reason. There could also be doubt, if she is held to be "in prison", about her  continuing membership of the National League for Democracy and her status in the NLD as Secretary-General; this may never have been regularised after she stood down from that position after her detention in 1989 and sought to resume in 1995. See New Light of Myanmar dated 9 March 2008 on the "right of appeal from the basic to the highest level", a promise made to UN Special Adviser Ibrahim Gambari on 8 March 2008.              

NLD will stick with Shwegondaing Declaration - 9 March 2010

"The result of the 1990 election must be recognized. That was one of the resolutions from the Shwegondaing Declaration. The result has to be recognized by one way or another. Our political stand and demand is the same as mentioned in the declaration", said Win Tin who is a member of the NLD's Central Executive Committee.


New Light of Myanmar - 24 February 2010  

During his visit to Bhamo University on 23 February 2010, Prime Minister Thein Sein is reported in the New Light of Myanmar to have said: "The Prime Minister called for maintaining the development of sound foundations in the long term in the interest of the nation and its people and he pointed out that a Myanmar citizen must be for his own country, Myanmar. He must not be a sycophant of any alien nation or a stooge of a foreign country in disguise of a Myanmar."

Note by Network Myanmar: Observers assume that the reference was by implication to Daw Aung San Suu Kyi. The Prime Minister made a similar comment on 9 March 2010 in Shan State when he commented that "Myanmar citizens must be for Myanmar and a Myanmar must not be a stooge of any alien nation or a Myanmar in disguise."

         

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