Burma's 2010 Electoral Framework: Fundamentally Undemocratic - A Legal and Human Rights Analysis

Sunday, August 1, 2010

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This study draws on contributions from numerous experts in the region and comparative election, constitutional and human rights law. Since 1995, NDI has worked with partners to advance the cause of democracy in Burma. The 2010 elections in theory could have provided an opportunity to advance democratic progress and national reconciliation, which in turn could have helped significantly improve the lives of people in Burma. Based on its analysis, NDI came to the conclusion shared by many experts that the election process will not be a step forward and risks being yet another setback.

The report cites four areas in particular in which the constitution and the new election laws fall short of basic international standards:

  • Government based on the will of the people. "In Burma, the constitution establishes a structure designed to perpetuate military rule."
  • Basic human rights. The report notes the severe political repression in Burma: freedoms of expression and assembly have been sharply curtailed and the activities of political parties restricted. There is no independent judiciary and the media are prevented from reporting freely on the government and political process. Those who criticize the regime are often physically assaulted or imprisoned, which has led to the government holding at least 2,100 political prisoners.
  • Freedom to stand for election. This is circumscribed in Burma, both by the election laws and the detention of regime opponents.
  • Impartial election administration. "In Burma, the electoral administration was appointed unilaterally by the regime and has shown itself to heavily favor the military regime and its allies."

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