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GENOCIDE IN MYANMAR

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2. BACKGROUND<br />

NLD members also confirmed that they joined protests held in Sittwe in February against parliament’s 2<br />

February 2015 decision to allow white card holders to vote. 105 The vote overwhelmingly passed, with 328<br />

votes in favour, 79 against and 19 absentee. 106 Just days later, however, on 11 February, President Thein<br />

Sein reversed parliament’s decision even though in December 2014 he had recommended to parliament<br />

that white card holders should be eligible to vote in a constitutional referendum scheduled for 2015. 107<br />

In August 2015 Myanmar’s Electoral Commission banned U Shwe Maung, an elected Rohingya lawmaker<br />

and USDP member (Rohingya MP for northern Rakhine state) from running for re-election. A fax from the<br />

Electoral Commission notified U Shwe Maung that he was ineligible on the basis that he is not a citizen,<br />

even though he had held office for the previous four years. 108<br />

In July 2015, a proposal to amend section 261 of the constitution, to enable state and divisional legislatures<br />

to elect their own chief ministers, failed to pass, having only achieved 66 per cent of favourable<br />

votes (75 per cent is required). 109 The amendment received overwhelming support from civilian MPs: it is<br />

assumed the military bloc (who are assigned 56 seats) voted against the proposal, which means that over<br />

90 per cent of elected representatives voted in favour. Schedule Five, enumerating regional governments’<br />

taxation powers, was extended to allow regional governments to bolster state and divisional funds via<br />

taxes on 20 new potential revenue streams (such as oil and gas), including levies on income, commerce<br />

and customs. Political commentator Yan Myo Thein commented on the vote:<br />

If regional and state parliaments cannot select their Chief Ministers, it’s impossible for states<br />

and regions to see their own government emerge in the post-2015 election [period]. In<br />

other words, there is no possibility for self-administration to emerge in ethnic regions. Without<br />

self-government and self-administration, the political path to a federal union is weakening. 110<br />

The failure of proposed constitutional changes to section 261 is likely related to the peace process that<br />

is addressing long-standing armed conflicts between the army and ethnic minority groups in various<br />

regions, in the sense that it allows the military to retain bargaining power. The rejection of section<br />

261 proposed amendments is detrimental for national political reconciliation, however, as a decision to<br />

decentralise power would have demonstrated that the military is genuine about reform and granting<br />

ethnic groups the political rights they have been demanding since Myanmar’s independence. This is a<br />

particularly important issue in a country where minority peoples comprise a third of the population. 111<br />

105 Kay Zue, ‘Rakhine Buddhists to protest against “white card” vote decision’, BurmaNet News, 6 February 2015:<br />

http://www.burmanet.org/news/2015/02/06/mizzima-news-rakhine-buddhists-to-protest-against-white-card-vote-decisionkay-zue/.<br />

Accessed 11 October 2015.<br />

106 Lawi Weng, ‘”White Card” Holders Eligible to Vote on Constitutional Reform’, The Irrawaddy, 3 February 2015: http://www.<br />

irrawaddy.org/election/news/white-card-holders-eligible-to-vote-on-constitutional-reform. Accessed 11 October 2015.<br />

107 Nyein Nyein, ‘Thein Sein Pushes Referendum Suffrage for White Card Holders’, The Irrawaddy, 22 December 2014: http://www.<br />

irrawaddy.org/election/news/thein-sein-pushes-referendum-suffrage-for-white-card-holders. Accessed 11 October 2015.<br />

108 Fuller ,T, ‘Myanmar Striking Rohingya From Voter Rolls, Activists Say’, New York Times, 23 August 2015:<br />

http://www.nytimes.com/2015/08/24/world/asia/myanmar-lawmaker-u-shwe-maung-barred-from-re-election-oncitizenship-grounds.html?_r=0.<br />

Accessed 11 October 2015. See also: Ye Mon, ‘Muslims parties fear exclusion from election’,<br />

Myanmar Times, 27 August 2015: http://www.mmtimes.com/index.php/national-news/16176-muslim-parties-fearexclusion-from-election.html.<br />

Accessed 11 October 2015.<br />

109 Htoo Thant, Pyae Thet Phyo, and Lun Min Mang, ‘MPs vow to maintain push for chief minister selection change’,<br />

Myanmar Times, 13 July 2015: http://www.mmtimes.com/index.php/national-news/15466-mps-vow-to-maintain-push-forchief-minister-selection-change.html.<br />

Accessed 11 October 2015.<br />

110 Yen Snaing, ‘Charter Push for Decentralization, Stronger Parliament Falters’, The Irrawaddy, 9 July 2015: http://www.<br />

irrawaddy.org/burma/charter-push-for-decentralization-stronger-parliament-falters.html. Accessed 11 October 2015.<br />

111 Transnational Institute, ‘Burma’s Ethnic Challenge: From Aspirations to Solutions’, Burma Policy Briefing, October 2013,<br />

No.12, pp. 1-20. p. 3: https://www.tni.org/files/download/bpb_12_def.pdf. Accessed 11 October 2015.<br />

43

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