Picking the wrong battle

Saturday, April 21, 2012

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ဝါရွင္တန္အေျခစုိက္ FOREIGN POLICY မဂၢဇင္းရဲ႕ ဘေလာ့စာမ်က္ႏွာ http://transitions.foreignpolicy.com/posts/2012/04/20/picking_the_wrong_battle မွာ ေဖာ္ျပထားတ့ဲေဆာင္းပါး ျဖစ္ပါတယ္။

လႊတ္ေတာ္ကုိယ္စားလွယ္ေတြ က်မ္းက်ိန္ရာမွာ အေျခခံဥပေဒအား "ထိန္းသိမ္း ကာကြယ္ ေစာင့္ေရွာက္ပါမည္" ဆုိတ့ဲ စကားရပ္ကုိ "ေလးစားလိုက္နာပါမည္" လုိ႔ ေျပာင္းေပးဖုိ႔ NLD က ေတာင္းဆုိထားျပီး NLD ကုိယ္စားလွယ္မ်ား လႊတ္ေတာ္မတက္ဘဲေနတ့ဲ အေျခအေနကုိ ေ၀ဖန္ သုံးသပ္ထားတာပါ။ အဂၤလိပ္ဘာသာနဲ႔ ေရးသားထားပါတယ္။

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Min Zin

On April 23, 43 members of the National League for Democracy (NLD) are supposed to take up their seats in Burma's national parliament. But before they can do that, they have to swear an oath. Now NLD leader Aung San Suu Kyi has started a fight over its wording.

The MP-elects have refused to take the pledge because it requires them to state that they will "uphold and abide by the Constitution of the Union." The constitution in question is the one that was adopted in 2008 as the result of a process orchestrated by the then-ruling military junta and denounced by most outside observers as illegitimate. During the recent election all the NLD candidates campaigned on a promise to amend this constitution. In a recent meeting with President Thein Sein, Suu Kyi asked that the text of the oath be changed from the present version to one that stipulates only "respect" for the constitution.

The present standoff was preceded by a lot of complicated maneuvering that probably isn't worth going into. Suffice it to say that it will be almost impossible for the NLD leader to get her way unless the government amends the constitution itself accordingly. While some sources suggest that Thein Sein might be willing to concede the point, it will be very hard for him to do so without causing considerable discontent among other members of the ruling elite.

While the NLD has threatened to boycott parliament if its demand isn't met, Aung San Suu Kyi has tried to avoid saying this all too directly. "We won't say we are not attending parliament," she told Radio Free Asia in an interview on Thursday. "We will attend after the oath [is amended]."

This is an unfortunate strategic blunder for the leader of the NLD. She has put herself in an unnecessary dilemma. First of all, the point at hand is largely symbolic. Semantic issues in politics are usually about saving face. Vowing to "uphold and abide" the constitution does not mean that the opposition can't try to amend it later. A quick look at the texts of other countries' oaths of office shows that words like "uphold" and even "defend" are commonly used, but such language has never prevented anyone from proposing constitutional amendments.

Second, the timing is bad. When she reached her pre-election deal with the regime to change the Party Registration Law so that the NLD could run, Aung San Suu Kyi should have known that the language of the oath appears not only in the Party Registration Law but also in the constitution. If she wanted to make an issue of it, she could have done so then. Now she should just ignore it for the sake of establishing normal working relations with the incumbent legislature and the government.

Third, Suu Kyi has picked the wrong person as her interlocutor. She is relying too heavily on the president and the executive branch. Amending the constitution is a job that should be carried out by parliamentarians. While there is a clear institutional and personal rivalry between the executive and legislature branches, Suu Kyi's personal approach to the president could backfire. Rather ominously, a high-ranking officer has now seen fit to state that the army is determined to protect the constitution (and, along with it, the military's dominance in politics). In an interview last month, Htay Oo, the leader of the military-aligned party that holds the overwhelming majority of the seats in parliament, told FP that he sees no need for an amendment. Given the enormous humiliation inflicted on Htay Oo's party by the NLD in the election just past, Aung San Suu Kyi's insistence on a semantic issue will be viewed in some quarters as rubbing salt into the losers' wound.

In short, while fulfilling the NLD's demand might make many members of the opposition feel better about their implicit cooperation with government institutions, hardliners within the military and the regime are likely to gain powerful ammunition in their fight against Thein Sein. If the president and his fellow reformers compromise on this issue, they expose themselves to the accusation that they are giving too much away to Aung San Suu Kyi and the West.

Perhaps the dispute can be resolved with some sort of trade-off. Otherwise the cost of further escalation and eventual deadlock will almost certainly prove high both for pro-reform officials and the opposition. By participating in the election Aung San Suu Kyi chose to play by the regime's rules; now she needs to pick her battles rather than wasting valuable energy in a fight over symbolism. There's an old Burmese proverb: "If you choose to live like a bug inside a chili pepper, you can't really complain if you start feeling hot."




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5 comments :

  1. PhoKyineTote said... :

    I don't agree.

    I agree that ' that ' has to be changed.

    Otherwise, in future, they will say '

    " you have already pledged that you will " Kar Kwell, Saunt Shaunt '

    When these words are in action, you can not literally try to change the constituency.

    because of word ' Saunt Saunt ' .

    In Law, Words are very important.

    Dont' think in 'lay man' level.

    Every loopholes in the law are to be paid full meticulous attention.
    Even so , there are a few loopholes in Law everywhere in the world.

    That is the bases all legal workers are taking good advantage for their clients and earning money for their profession. All cases, Crimes, Civil suits, Torts,in all legal battles.

    That is what the law about.

    I learned such things in Myanmar University in late 70s and early 80s.

    It is not N L D and it is not Government .

    It is the ' people ' who do not know the extent and importance of words.

    ' Wordings ' . ' Wordings ' " Wordings' .

    Ah Khu Sote Hma, Naung Shinn.

    If N L D raise that issue very early, THIS ELECTION WILL NEVER HAPPEN.

    N L D leader and N L D made adjustment with U Thein Sein to do ' common interests first ' and ' adjust the non common interest ' later.

    That is the point. This issue is ' Non common interest ' .

    Because if two teams started arguing this issue first before election ........Election will never happen .

    So . think , think, think,
    Wording is important.

    When DASSK and U T Sein die in next 10=15 years, who will take advantage.

    MILITARY ........MILITARY .........MILITARY . ..

    Vicious cycle will be again.

    Few words to some parties who ' are whingers ' . Don' t whinge , Don't whine '. I repeat ' Don't whinge, don't whine ' . Keep on doing ur ongoing jobs.
    United we stand, Divided we fall .

    everyone will fall. The whole country will fall.

    Your turn will come, if you are persistent and persevere.Why do u whinge/ whine against N L D ?

    Don't stir. Don't blend. Stay calm and do what u need to do. Act . OK?
    Grow up.

    Do the right things. I am referring to a few parties.

    If you work hard and persevere and steadfast, your time will come.

    Life if full of competitions. Compete in fair ways. Dont' whinge and whine. That will get nothing.

    Thanks Irrawaddy

  1. Anonymous said... :

    In English version of Myanmar Constitution, both President, Vice-presidents and Representatives are swell the oath containing the sentence "uphold and abide by the constitution and law".
    But in Myanmar version, the wording are changed. Same for the President and Vice-presidents but not for the Representatives.
    I think that they are working as legally. I mean they work according to law and oath.
    So NLD demand for the change of wording in Myanmar.
    If not, they swear the oath in English.
    Sate Phwar

  1. lay paw said... :

    ေနာက္ဆုံးအေနနဲ႔ကေတာ့ က်မ္းသစၥာစာသားေၾကာင့္ လႊတ္ေတာ္တက္မတက္ကိစၥမွာ ေဒၚေအာင္ဆန္းစုၾကည္နဲ႔ ဦးဥာဏ္ဝင္းတုိ႔ ေတာင္ေျပာေျမာက္ေျပာလုပ္ေနတာေတြဟာ သူတုိ႔ကုိ ေထာက္ခံသူေတြအၾကားမွာပင္ ႐ႈပ္ေထြးမႈမ်ား၊ သေဘာထားကြဲလြဲမႈမ်ား ျဖစ္ေပၚေစတာကုိ ေတြ႕ျမင္ေနရပါတယ္။

    ၿခဳံၾကည့္ရင္ ေဒၚစုရဲ႕ မူဝါဒပုိင္းဆုိင္ရာမွာ အေျပာင္းအလဲျမန္မႈ၊ စကားကုိ ခုတမ်ဳိး ေတာ္ၾကာတမ်ဳိး ေျပာင္းလဲေျပာတတ္မႈေတြဟာ သူ႕ကုိ ေထာက္ခံသူေတြအၾကားမွာေရာ၊ ျမန္မာ့ႏုိင္ငံေရးေလာကတခုလုံးမွာပါ ႐ႈတ္ေထြးမႈေတြ၊ မလုိအားအပ္တဲ့ ကြဲလြဲမႈေတြ ျဖစ္ေပၚေစပါေသးတယ္။ မီဒီယာေတြနဲ႔ စကားမေျပာမီမွာ ေဒၚစုကုိ ေပၚလစီပုိင္းဆုိင္ရာ အက်ဥ္းခ်ဳပ္ အစီရင္ခံသူ(briefing) အႀကံေပးတဦး ထားသင့္တယ္လုိ႔ ယူဆပါတယ္။

  1. Anonymous said... :

    လက္ရွိဗမာျပည္မွာ အာဏာကို လက္ဆုပ္လက္ကုိင္ယူထားတဲ့ စစ္အစုိးရ တျဖစ္လဲ ပုိဆုိးလုိလုိ ထမိန္လုိလုိ ၀တ္ထားတဲ့ အေကာင္ေတြ လက္တလုံးၾကား လူလည္လုပ္ထားတာပါ။ ဒါေတာင္အရွက္မရွိႏုိင္ငံတကာ လည္ျပီးလိမ္ေနေသးတယ္။ ေတာ္ေတာ္အရွက္တရားနည္းတဲ့ အေကာင္ေတြ။ ဘယ္ေတာ့မွ အာဏာကုိ လက္လြတ္မဲ့ အေကာင္ေတြမဟုတ္ဘူး။ အမ်ိဳးယုတ္ေတြ။
    ေဒၚစုက ဘယ္ေတာ့မွ ျပည္သူေတြကို ညာမွာမဟုတ္ဘူးဆုိတာ ယုံၾကည္ျပီးသားပါ။

  1. Anonymous said... :

    I totally agree with this article. From human psychology point of view, what do you think of USPD' feeling? Do they agree to the NLD's proposal? It is really difficult to say. They have recently lost in By election.
    NLD has a lot of important things to do in Parliament. It would be more important than this thing. Whatever NLD wants to do in Parliament, it need the agreement from USDP and Military otherwise every proposal would be probably failed.
    I agree with that we need to amend a lot of things in Constitution. But the question is what kind of context would be chosen in what time. This would be really important. My proposal is that

    1. Try to make frankly relationship with the other MP especially from USDP and Military in Parliament.

    2. Explain them why we need to do this specific matter until they understand and agree it

    Whether we like USDP and Military or not, we will have to make negotiation with them. This is reality. We don't have a choice. Please keep in mind that.

    THANKS

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