1 existence.”76 In 1962, the military took power in a coup led by General Ne Win. 77 In 1989, after 2 widespread protests against the regime had broken out the year before, the military placed Aung 3 San Suu Kyi, leader of the National League for Democracy opposition party (NLD) and winner 4 of the Nobel peace prize, under house arrest; after the NLD won a general election in 1990, the 5 military government refused to recognize the result or to allow the legislature to assemble. 78 6 “During the military dictatorship [from 1962 to 2011], Myanmar was considered one of the most 7 repressive countries in Asia.”79 8 9 90. Despite a brief period of liberalization that began in 2011, the military continued to dominate Burma’s government. The 2008 Constitution was designed by “the military to retain 10 its dominant role in politics and government … 25 percent of the seats in each house of 11 parliament and in the state and regional assemblies belong to unelected members of the military, 12 who are appointed by the Tatmadaw.”80 In addition to being guaranteed at least one vice 13 presidential position, “the Tatmadaw selects candidates for (and effectively controls) three key 14 ministerial posts: Defence, Border Affairs and Home Affairs. This is sufficient to control the 15 National Defence and Security Council and the entire security apparatus.” 81 16 91. The military has consistently used an imagined threat from the Rohingya to justify 17 its hold on power. “[T]he ‘Rohingya crisis’ in Rakhine State … has been used by the military to 18 reaffirm itself as the protector of a nation under threat….” 82 In support of the 1962 coup, 19 “General Ne Win argued that a military take-over was necessary to protect the territorial integrity 20 of the country” due to “insurgencies from ‘ethnic armed organizations.’” 83 The Tatmadaw has 21 22 23 24 25 26 27 76 UNHRC Report, ¶ 71, https://digitallibrary.un.org/record/1643079/files/A_HRC_39_CRP-2-EN.pdf. Myanmar gained its independence from Great Britain in 1948. 77 Id. 78 Id. ¶ 74. 79 Id. ¶ 94. 80 81 82 83 28 Id. ¶ 81. Id. Id. ¶ 93. Id. ¶ 71. CLASS ACTION COMPLAINT 33 Case No. __________________