Can Burma’s President take part in current row over the oath?

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By Zin Linn Apr 24, 2012 9:16PM UTC


People of Burma reach at another political crossroads at this time. It is an excited moment for many citizens who hope for emergence of Democracy. The case is that the National League for Democracy (NLD) led by Aung San Suu Kyi did not attend on 23 April re-opening of Burma’s parliamentary session   by reason of a row over the oath of office for representatives-elect.

Aung San Suu Kyi, Chairperson of the NLD, was along with 43 parliamentarians elected from her National League for Democracy (NLD) party in April by-elections. The NLD’s MPs want to take oath using the word “respect”, rather than the wording of “safeguard” the constitution, which they state is undemocratic.

On 4 November 2011, Burma’s President Thein Sein had signed an amendment law on political parties in an obvious effort to persuade National League for Democracy party led by democracy icon Aung San Suu Kyi to reregister as a party recognizing the new political structure.

Burma’s state-run TV and newspaper publicized on 6 November, 2011 that President Thein Sein has signed a law that amends three key areas of the Political Party Registration Law. Both houses of the Burmese Parliament had earlier endorsed the amendments.

In the previous law the wording said that all political parties must “protect” the State’s Constitution. In the amendment law the word “safeguard” was changed to “respect and abide” the Constitution.

According to the new law, previous two clauses were also changed. One clause said that serving prisoners are restricted from being a member of a political party and another clause said that a political party needs to contest in three parliamentary seats at least in an election.

At that time, analysts believe that the aim of amending the law is to pave the way for the National League for Democracy reregistering as a legal party. According to those amendments on political parties, the NLD took part in the April 1 by-elections that was the first electoral contest of its public reputation within a two-decade time.

President Thein Sein government seems to take advantage of bringing Suu Kyi and her party back into the current parliamentary structure which would make the government healthier authenticity at home and overseas.

However, Aung San Suu Kyi and members of her NLD party skipped their first appearance in parliament amid a row over a fidelity oath on 23 April.  The National League for Democracy (NLD) has objected to the oath that requires parliamentarians swearing to safeguard the country’s constitution. Instead, it was set to respect the charter, which however gives surety of military domination in parliaments.

Suu Kyi has said one of her priorities as an elected parliamentarian is to advocate an amendment of the 2008 constitution, under which 25 per cent of the parliament seats are reserved for unelected military officials.

In frequent media interviews, Suu Kyi expressed her aspiration to work together with the new government to push for some changes to help the people of Burma. Well-informed sources close to the government said that the government wanted Suu Kyi and members of her party in parliament to give itself legitimacy.

Most Burma watchers believe that the participation of 43 NLD legislators, including Suu Kyi in the existing parliament, would definitely improve the military-dominated government’s image and legitimacy.

But, there are some concerns among the public because of ruling party’s general secretary Htay Oo’s comments that it’s unnecessary to change the wording “respect” instead of “safeguard”.

Suu Kyi and 42 other elected lawmakers from her party were absent as the latest assembly session got under way in the capital, Naypyitaw, on Monday. The party had said it would not join until the oath issue was resolved.

Opposition spokesman Nyan Win told ‘The Associated Press’ that he believed the dispute would be solved within 10 days, and other party officials have said there is support within President Thein Sein’s government to change the oath.

The party was “not disappointed” with its current inability to sit in the legislative body, Nyan Win said. “We are cooperating with the government, so the problem will be overcome.”

Meanwhile in Luxembourg on Monday, the EU announced the suspension of most sanctions except an arms embargo against Myanmar for one year while it assesses the country’s progress, AP News said.

 Hkun Tun Oo, a senior Shan ethnic politician who released from jail in January, told The Associated Press the EU’s temporary suspension was the right move “because if things do not improve within a year, sanctions can be renewed.”

Analysts believe that Thein Sein knows well about Suu Kyi’s clout on the Western democracies and realize her contribution as essential, since Burma has been preparing to take ASEAN Chair in 2014, and it has also been trying entire ending of Western sanctions that hindering the country’s economic development since 1988.

If President Thein Sein ardently desired to pursue the irreversible democratic path, it would be his duty to act as mediator between his ruling party and the NLD chaired by Suu Kyi. Even though current wording deadlock for oath look like a row, as mediator, President has responsibility to address it.

In fact, he himself has signed a law that amends three key areas of the Political Party Registration Law last year. In the revision law the word “safeguard” was changed to “respect and abide” the Constitution
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