A/HRC/39/CRP.2
media referring to the protests as the “Saffron Revolution”. The SPDC used lethal force to
disperse the largely peaceful protests, garnering international condemnation. 87
76.
In February 2008, the Government published a proposed new Constitution and
announced that it would be subject to a referendum on 10 May 2008. The process had begun
in 2004 after a national convention was convened to work on a draft under Prime Minister
General Khin Nyunt’s “Roadmap to Democracy”. Daw Aung San Suu Kyi remained under
house arrest and the NLD refused to participate in the national convention. Days before the
referendum on the draft, on 2 May 2008, Cyclone Nargis made landfall in Myanmar, causing
significant destruction in the Ayeyarwady Region and killing an estimated 138,000 people.
The SPDC went ahead with the referendum nonetheless and claimed that more than 90 per
cent of the voters had approved the draft constitution. 88 A key point of contention concerning
the draft was the continued role of the military in the political process. The draft also provided
that the President of Myanmar could not be the spouse or parent of a foreign national, a
provision designed to exclude Daw Aung Sang Suu Kyi. The NLD alleged that State
authorities had frustrated their efforts to campaign against the draft constitution. It rejected
the alleged results, noting significant voting irregularities. 89
77.
The military-backed Union Solidarity and Development Party (USDP) won the 2010
general election, which was boycotted by the NLD and other pro-democracy parties,
objecting to what were perceived as unfair electoral laws. Retired General Thein Sein, the
leader of the USDP, became President, taking over from Than Shwe who had led the junta
since 1992.
78.
At the national level, the Thein Sein Government implemented a number of important
reforms, including freeing most political prisoners, relaxing censorship and restrictions on
the media, and permitting greater political and labour union activity, including in relation to
freedom of assembly and of association. NLD leader Aung San Suu Kyi was released from
house arrest shortly after the 2010 elections. After negotiations between President Thein Sein
and Daw Aung San Suu Kyi, the NLD contested parliamentary by-elections and won
parliamentary seats in April 2012. Daw Aung San Suu Kyi entered parliament as leader of
the new NLD group. As a result of the liberalisation, 2011 and 2012 also saw the relaxation
of sanctions by Western States and increased foreign investment. In 2014, efforts to amend
the constitution to allow Daw Suu to become President and to reduce the role of the military
in governing the country were unsuccessful.
79.
The significant increase in foreign investment, which more than tripled from USD 901
million in 2010 to USD 3.2 billion in 201690, and the significant levels of foreign aid allocated
to Myanmar, with some USD 13.7 billion committed to new projects between 2011 and 2015
(not including Chinese assistance), demonstrate the high level of international goodwill
toward Myanmar following its initial steps toward democratization. 91 This contributed to
Myanmar’s economic growth rates of approximately 7 per cent per annum since 2015.
2.
The role of the military in government after the 2015 elections
80.
In the November 2015 general election, the NLD won a sweeping victory, claiming
86 per cent of the non-military seats in the Assembly of the Union (Pyidaungsu Hluttaw),
which is effectively about 60 per cent of the total number of seats. On 10 March 2016, U Htin
Kyaw and U Henry Van Thio, the chosen candidates of the NLD, became President and
Second Vice-President respectively. The military’s candidate, Myint Swe, became First
Vice-President. In March 2018, U Htin Kyaw resigned from the position of President. He
was replaced by U Win Myint on 30 March 2018. Constitutionally barred from the position
87
88
89
90
91
A/HRC/6/14, paras. 27-28, 30, 38.
A/HRC/8/12, para. 15.
A/HRC/8/12, para. 24.
World Bank, World Development Indicators database, Myanmar
(http://databank.worldbank.org/data/views/reports/reportwidget.aspx?Report_Name=CountryProfile&
Id=b450fd57&tbar=y&dd=y&inf=n&zm=n&country=MMR)
The Asia Foundation, The contested areas of Myanmar – Subnational Conflict, Aid, and Development
(2017).
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