The outcome of the election has already been predetermined – entrenched military rule. The regime has stipulated laws and regulations that bars hundreds of democracy activists and ethnic leaders from contesting in the election. Furthermore, the regime has hand-picked individual members of the Election Commission, which is given the authority to control all aspects of the election process and contending political parties.

In short, the 2010 elections in Burma is undeniably a true military selection.

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Junta to Cherry-Pick Election Commission Members

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With the “Union Election Commission Law”,  the regime granted the Election Commission the authority to convene the election, along with final decision making power, regarding election postponement, rejection, monitoring, forming sub-commissions, formation of constituencies, compiling list of eligible voters, forming of tribunals to judge election dispute, funding to sub-commissions, etc.

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Party Registration Law Bars All Key Political Figures

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With the “Political Parties Registration Law”, the regime bans all monks, nuns, and leaders of other religions, government staff, political prisoners and prisoners, foreigners, members of and those related to unlawful associations and insurgent groups, and drug addicts, from forming of and participation in a political party (Articles 4 and 10).

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Pledge to Honor the Sham Constitution

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Article 6 of the Law states that political parties are to submit a pledge in writing with their application to the Commission, stating that they will abide and protect the sham 2008 Constitution.

Read Analysis of the 2008 SPDC Constitution for Burma, by David C. Williams (Executive Director of Center for Constitutional Democracy)

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Rigid Party Laws

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Article 12 states that any party, which is not able to find at least three candidates in the election, will cease to exist. It also states that parties, which do not dismiss their members, who are deemed ineligible as described in Article 10, will be abolished.

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Only 60 Days for the Opposition to Decide

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Article 25 states that all political parties are required to register with the Commission within 60 days from the date of announcement of the Law if they wish to continue to exist. The Commission then decides whether or not it will allow individual parties to register and contend. No registration within 60 days means the given party will cease to exist.

According to Article 25, the NLD was given 60 days, from March 9, 2010, to decide whether it would submit an application to the Commission for its continued existence.  As with other party registration laws, the NLD would also need to pledge to honor the 2008 Constitution. In addition, it must expel the imprisoned members of the party including Aung San Suu Kyi and over 400 members who are serving prison terms.

Under such conditions, the NLD along with several other main opposition political parties refused to re-register with the Election Commission to contend the elections. They could not justify any form of participation in an electoral process that lacks democratic elements, that does not reflect the popular will of the people of Burma, and that will only serve to perpetuate and enshrine military rule.

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Directives Severely Restrict Party Activities and Campaigns

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1. Marches, chanting slogans, and flags are banned.
2. Speaking out against the military junta or the state in speeches, publications or prints are banned.
3. Speeches or publications that tarnish the image of the military are banned.
4. Registered parties must seek permission from authorities at least a week in advance to hold an event or rally.
5. Events cannot be held near any government offices, organizations, factories, workshops, markets, sports grounds, and religious institutions, schools or hospitals.
6. Registered political parties must have at least 1,000 members within 90 days of registering.
7. Misuse of religion for political gains is banned – a move seen to further prohibit Buddhist monks from playing a role in the elections.

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Parties At the Whims of the Commission

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According to electoral laws published last March, the Election Commission can de-register any political parities if it deems the parties involved have violated prohibitions and regulations in their organizational and canvassing work.

This illustrates another example of how Burma’s military regime has done little to hide the fact that their upcoming (yet unscheduled) elections are political theatre designed to enshrine military rule.

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Without freeing Aung San Suu Kyi, there’s no such thing as free elections

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The regime declared to the world that it will not release Daw Aung San Suu Kyi and all political prisoners, and it will also ban them from forming and participating in any political party. Aung San Suu Kyi and political prisoners are not released and also not allowed to form and participate in political parties.

Now, the ball is in the court of the United Nations, United States, and the international community, who have been repeatedly calling for the regime to make the election inclusive, free and fair. They need to transform their words into collective and effective action. The regime has already proven that it does not care statements and speeches.

Burma’s 2010 elections are sham and undemocratic. We, as Americans, must push the US government to be a leading voice in rallying the international community to deny the regime the legitimacy it seeks and refuse to recognize both the election process and results.