Civil Society's Role Beyond the Election

Ahead of the 2010 election, the Burmese people must ask whether the role of “union level” civil society groups and the role of elected members of parliament will be competing or complementary in the new Constitution. 

Some Burmese politicians and pro-democracy scholars inside and outside the country have begun talking about a gradual move to democratization and a more normal society after  the 2010 election.

Many commentators are optimistic that this extended transition period will—with time—lead to improvements in all spheres of life, although they recognize that the road will not be smooth or easy and anything is possible, knowing the history of the country's military.

“Dictators don’t want to relinquish their power and even if they can’t avoid doing it, they will release their power in a piecemeal fashion,” said U Thu Wai, a well-known veteran politician in a statement on why he decided to participate in the election. “The people should seize the opportunity at hand and strive to build up their strength gradually. In this way, they will gain democracy fully.”

U Thu Wai together with two daughters of former prime ministers formed a political party, called the “Democratic Party,” on August 9.

Similar views were shared by Dr. Zarni, a Burmese pro-democracy activist and scholar, in an article, “Trust the People,” in the July issue of The World Today.

“Supporters of change in Burma should embrace strategic engagement with civil society and potentially reformist elements in the state bureaucracy and even the military,” Dr. Zarni wrote. “This type of targeted, strategic engagement will lead to the gradual emergence of alternative centers of power: economic, societal, intellectual and eventually political.”

Deepening democracy gradually through the engagement of civil society members is a valid goal, but the question arises: What kind of civil society organizations will emerge under a “disciplined democracy” as envisioned by the military junta? 

Most analysis of the 2008 Constitution has focused on the military’s control over the parliament and the government formed after the election. Fewer analysts have paid attention to some key provisions that are likely to shape the character of the civil society organizations at the national level.

It would be a mistake to underestimate the Burmese generals, who understand that a growing number of well organized civil groups could threaten the status quo of their power.  Anticipating such threats, the junta incorporated various key provisions in the  Legislature Chapter of the Constitution.

Section 90 states: “Members of the organizations representing any of the Union level organizations formed under the Constitution while attending the Pyidaungsu Hluttaw (Union Parliament) with the permission of the Speaker have the right to explain, converse and discuss the Bills and other matters in connection with the respective organization.”

Section 100/a states: “The Union level organizations formed under the Constitution shall have the right to submit the Bills relating to matters they administered among the matters included in the Union Legislative List to the Pyidaungsu Hluttaw in accord with the prescribed procedures.”

Non-elected representatives under the name of “Union-level organizations” will be able to participate in Hluttaw sessions and enjoy the same status as Members of Parliament from political parties, such as the right to submit bills and legal protection. However, they will have no voting privilege.

Section 92/b states: “No action shall be taken against such members or persons for their submission and speeches in Pyidaungsu Hluttaw by other law except under its law.”

Despite the lack of definition or a precise list of Union-level organizations in the Constitution, they are sure to be state-controlled organizations, because in the Union Budget Bill, which the president is charged with submitting to the Pyidaungsu Hluttaw, the leadership and members of the organizations are entitled to receive salaries and allowances from the State, according to Section 103/b.

After a study of the Union Legislative List, it's estimated that more than a dozen existing state-founded organizations will become Union-level organizations and play a major role in legislative affairs. Others will probably be created in the immediate future.
 
Some of the organizations that already have established nationwide networks are: Union Solidarity and Development Association (USDA), Myanmar National Committee for Women’s Affairs (MNCWA), Myanmar Maternal and Child Welfare Association (MMCWA), Myanmar Women’s Affairs Federation (MWAF), Myanmar War Veterans Organization (MWVO), Myanmar Red Cross Society (MRCS) and Myanmar Fire Brigade (MFB).