Election Laws: Political Analysis
Clauses of InterestPolitical Analysis and Interpretation
Those who want to establish a party mustmeet the following criteria:(a)
guest nationals, foreign nationals whohave been granted national status or temporary ID holders
Above 25 years of age(c)
Religious servants (defined in Article 2 asBuddhist monks, novices, hermits andnuns, Christian ministers, clergy members and pastors and Hindu priests,but no reference is made to Muslimclerics) are prohibited.(d)
Civil servants are prohibited.(e)
Those serving prison terms or appealing ajudge’s decisions are prohibited.(f)
Rebels, terrorists, members of unlawfulassociations, and any individuals who arein direct or indirect contact with or aresupporters of such associations areprohibited.(g)
Those who are linked to drug offenses areprohibited.(h)
Foreigners and those who have assumedforeign citizenships are prohibited.Para (a) is not only interesting but intriguing, and itcan be re-deeming for those whom successivegovernments in Myanmar have not recognized ascitizens. Particular reference can be made to Chineseand Indian descendents who hold foreign residencecards, ethnic nationals living in border areas, andminority Rohingya muslims.Para (c) makes no mention of Muslim clerics.Para (e) will implicate an estimate of 2,000 politicalprisoners and their existing political parties such asthe NLD, SNLD, ALD and UNLD. The secondclause appears to be specifically referring to Daw Aung San Suu Kyi who is still appealing to theSupreme Court against her sentence.
Parties that want to organise in the whole union must agree that they will have at least 1,000 party members within 90 days from the day of registering as a political party, political parties that will organise only within regions or states [sub-national level] must agree to have at least 500 party members within 90 days from the day of registering as a political party.
The recruitment of 500 due-paying party membersmay be a daunting task for ethnic and smaller parties. The 1988 PPRL does not have this stipulation.
Compliance with the following criteriamust be stated in the [party] registration applicationin accordance with Article 5.(c) [Parties] must protect the Constitution of theUnion of Myanmar.(f) [Parties] must not accept
, or directly orindirectly receive financial or material support from, aforeign government or religious organisation or any other organisation or person.Para (c) is a common clause in many constitutionsaround the world. However, this can be problematicfor the NLD and a few ethnic political parties thathave demanded the review, amendment and/orabolishment of the 2008 Constitution.In para (f) the meaning of influence (“
” inBurmese) is quite broad. It will be interesting toknow how the EC will determine if a particularpolicy of a political party that happens to be in line