Guest Comments by the Burma Partnership Secretariat

NEAR BURMA – Although Burma's new parliament holds its first session on January 31, the military regime still controls the country with no intention to loosen its grip on power.

The State Peace and Development Council (SPDC) enacted an unpublicized military-draft law days before the parliamentary elections, showing again that the generals plan to perpetuate military rule and deny the people basic rights and freedoms. With the military unwilling to make positive changes, pro-democracy and ethnic organizations continue to take the cause into their own hands by forming a foundation for democracy and national reconciliation, despite the risk of a military crackdown.

Rather than fostering a real democratic transition, the generals did a superficial costume change. The 2008 Constitution, giving the military complete impunity and independence from civilian rule, and the fraudulent 2010 elections, ensuring a big victory for the junta-backed party and its proxies, reveal the regime's continued pursuit of dominance and its distaste for real democratic institutions.

The military-draft law exposes the dangers of military rule entrenched by such mechanisms. By the constitution, “Every citizen has the duty to undergo military training… and to serve in the Armed Forces to defend the Union.” The new law strengthens this stipulation and authorizes stiff penalties for those who don't comply.

So the military can draft men (aged 18-45) and women (18-35) for two years with the service potentially increasing to five years in times of national emergency. Those failing to report for military service can face imprisonment of up to five years.

Timing of the military-draft law's enactment shows that the SPDC never intended to promote a genuine handover to civilian rule. It saw no need to wait for civilian representatives to gather and pass the new law. After all, the generals have ensured that their old regime lives on in parliament in a slightly altered form. Enacting a draft when the SPDC already allocates obscene amounts to defense spending and an oversized army exemplifies the generals' problematic emphasis on the military at the expense of basic rights and services.

Continued fighting in Eastern Burma punctures the SPDC argument that only the military can bring peace and stability. Ethnic leaders say that a draft only brings more problems since the military's main targets are ethnic communities and their resistance movement.

A National League for Democracy (NLD) deputy chairman stresses the need for citizens' participation: “It isn't right to decide on a matter that concerns the people without proposing it to them first. A referendum should be held.”

The authoritarian military-draft law contrasts sharply with significant steps by democratic and ethnic leaders towards national reconciliation and developing democratic institutions. For example, the NLD has supported Chin State communities through donations of rice and water pipes, showing a vibrant network of citizens working together.

A youth network initiated by NLD leader Aung San Suu Kyi exemplifies true leadership and the need for inclusive processes. Unlike the SPDC, she declares: “In Burmese politics, the principle of all-inclusiveness is a very important factor.”