Aung San Suu Kyi’s huge win in the
November polls in Myanmar probably triggered the coup because armed forces
feared losing their influence over the election of the president and second
vice president
Col R Hariharan |Cover story |IL
Feature| India Legal, February 21, 2021
https://www.indialegallive.com/cover-story-articles/il-feature-news/myanmar-military-min-aung-hlaing-win-myint/
A week after carrying out a bloodless coup on
January 31, Myanmar’s military chief Senior General Min Aung Hlaing made an
official statement. The coup was triggered after the military, known locally
as Tatmadaw, refused to accept the results of the November 8, 2020, general
election, alleging electoral fraud. It is a matter of detail that the
allegation was rejected not only by the Union Election Commission (UEC), but
also by international observer groups.
The Tatmadaw chief announced a year-long
emergency and justified the coup as the UEC of the Aung San Suu Kyi led
government failed to take the military’s complaint seriously. The UEC action
came under “acts or attempts to take over sovereignty of the Union by…wrongful
means” under Article 417 of the Constitution. If the argument is accepted, the
Tatmadaw’s action is legal, because the constitution is loaded in favour
of the armed forces.
The military regime arrested 11 political and
government leaders, including President Win Myint and the de facto president,
Senior Counsellor Suu Kyi and placed them under house arrest. It also
remembered to arrest some of the activists of the “88 Generation” movement,
which triggered the people’s protest against military rule in 1988 and elevated
Suu Kyi as the leader to spearhead the national struggle for democracy.
In
a televised address, General Min Aung said the ruling junta would form a “true
and disciplined democracy, different from the previous eras of military rule”.
This is an oxymoron of sorts because the military has ruled Myanmar for nearly
five decades from 1962 to 2008. The statement brings to mind the pithy
quote from George Orwell’s satirical classic 1984: “We are different from the
oligarchies of the past in that we know what we are doing. All the others, even
those who resembled ourselves, were cowards and hypocrites…. We are not like that.”
The General added that the election
commission must be reformed to carry out a
free and fair election. He promised: “We will have a multi-party election and
we will hand over power to the one who wins the election, according to the
rules of democracy.” Of course, he did not indicate any time-frame for holding
the election. The ruling junta held the first multi-party election in 1991, but
never accepted the results when Suu Kyi fought to end military rule and restore
democracy and led the National League for Democracy (NLD) to a
thundering victory.
After the failure of the “democratic
experiment”, the Tatmadaw rulers took nearly two decades to craft the present
2008 Constitution, which perpetuates the military’s role in governance and
legislature. It enables the Tatmadaw chief to appoint ministers in the ministry
of defense, border affairs and home affairs which appoints key personnel who
control police forces and the biggest economic entity of the country the
Myanmar Economic Corporation.
In the legislature,
the Tatmadaw picks officers to occupy 25 percent of the seats reserved for the
military in the Constitution In fact, the Constitution has many warts, which
gives the Tatmadaw enormous influence in tinkering with governance. The last
point in Min Aung’s statement was “to make a request for every citizen that
everyone should go with the true facts and not follow feelings of your own”, resonating
with the Chinese proverb: “There are three truths. There is my truth, your
truth and THE Truth.”
The coup came as no surprise because
General Min Aung had been threatening to
do so ever since the NLD won a whopping 315 of the 440 seats in the House of
Representatives, the lower house of parliament. In the upper house, the NLD
captured 115 of 244 seats. The military’s political proxy the Union Solidarity
and Development Party (USDP) came
a distant second and was side lined as a
political force.
The
elections were held despite the Tatmadaw chief’s objections in the midst of the
Covid-19 pandemic and after intensified operations against the Arakan Army
insurgents in Rakhine state. During her five-year rule as the de
facto president, Senior Counsellor Suu Kyi had suffered a double whammy. She
lost her international recognition and adulation as a democratic icon, after
she compromised on her promise to make the country a full-fledged democracy. On
the other hand, she stoutly defended the Tatmadaw’s role to ward off
allegations of genocide carried out against the Rohingya minority, in the
International Court of Justice in The Hague. This was seen as a
betrayal of her credentials as a fighter against military rule.
In spite of her tribulations, Suu
Kyi’s huge success in the elections showed her undiminished popularity and
support among the people. This was, probably, a moment of truth for the
Tatmadaw chief that prompted him to carry out the coup. General Min Aung was
also probably disillusioned with the failure of the 2008 Constitution the
military had designed to safeguard the Tatmadaw’s interests, particularly its
self-assumed role as the ultimate arbiter of the nation’s destiny.
It would be trivialising the issue to
say that the General carried out the coup to stay in power because he was about
to retire. A more relevant reason is probably the fear of the Tatmadaw losing
its ability to influence the election of the president and second
vice-president. After the NLD’s huge success, it gained control of 86 percent
of the seats in the Assembly of the Union (235 in the House of Representatives
and 135 in the House of Nationalities), which acts as the Presidential
Electoral College for election. This gives the NLD more than the 67 percent
majority needed to elect its own nominees for the two top posts.
The NLD’s success
has made the role of the pro-military bloc (consisting
of military nominees and the USDP) irrelevant in selecting its favourite
candidates for the top jobs in the government and the legislature. The military
chief also probably realised that the era of using Tatmadaw created political
proxies in elections, was coming to an end, after most of the voters ignored
the USDP. The election has also exposed the limitations of Tatmadaw’s use of
fringe elements among the majority ethnic Bamar community and Buddhist
clergy to whip up ethno-religious sentiment to support it and the USDP.
The biggest obstacle to the country’s
democracy is the Tatmadaw’s mindset, groomed by General Ne Win, who described
himself as its surrogate father. The maverick general’s rule from 1962 to 1988
spelt the death knell for democracy because Ne Win firmly believed
“parliamentary democracy was not suitable for Burma”.
Ethnic minority
insurgent groups had been fighting the Tatmadaw since independence to protect
their distinct identity in a federal democratic set-up promised by General Aung
San. The prolonged ethnic insurgency has made the Tatmadaw consider itself the
true guardian of the nation, reflecting General Ne Win’s considered:
“Federalism is impossible, it will destroy the union.” This has affected the
credibility of the government’s efforts to persuade over 14 ethnic insurgency
groups to join the mainstream. As a result, Suu Kyi’s efforts to kindle General
Aung San’s famous Pangong Spirit of federal democracy with the participation of
all ethnic groups, have failed to transform the situation.
As stated earlier,
the 2008 Constitution gave the Tatmadaw enormous powers to tweak both the
government and the legislature, affecting the country’s democratic credentials.
So the UK, EU and Australia were quick to condemn the military takeover. US
President Joe Biden threatened to reinstate sanctions. ASEAN members have
largely kept mum. China, the giant neighbour with strategic stakes in Myanmar,
urged all sides to “resolve differences”. China also blocked a UN Security
Council statement condemning the coup, in keeping with its policy of opposing
international intervention in Myanmar.
India, the largest
democracy with close relations with both the Myanmar government and the
military, has the difficult task of looking at the coup beyond the strategic
binary of India’s troubled relations with China. India has reacted with a
cautious statement, expressing “deep concern”. It said: “India has always been
steadfast in its support of democratic transition of Myanmar. We believe the
rule of law and the democratic process must be upheld.” For the time being,
India is waiting and watching the developments in Myanmar. Its policy in the
past had been against international intervention in Myanmar.
There have been massive protests
against the coup in many cities in Myanmar for the last few days. In keeping
with the trend of other protests in many countries, there is increasing
youthful participation. The Myanmar army is notorious for its ruthlessness in
handling public protests in the past. Though, in the first three days of
protest, police had used water cannon to disperse the crowds, it is using rubber
bullets and live firing, which resulted in the death of a woman on February 2,
2021.
Much would depend on how the ruling
junta handles the protests in the coming days. It knows the world has come a
long way since the 1988 protests, which turned bloody, by violence unleashed on
the people. So, it may attempt going slow to keep the protests manageable.