Myanmar since 1988

Ne Win retired as president and chairman of the Council of State in November 1981 but remained in power until July 1988, when he resigned as chairman of the BSPP amid violent protests. Student and worker unrest had erupted periodically throughout the 1980s, but the intensity of the protests in the summer of 1988 made it seem as if the country were on the verge of revolution. On September 18 the armed forces, led by Gen. Saw Maung, seized control of the government. The military moved to suppress the demonstrations, and thousands of unarmed protesters were killed. Martial law was imposed over most of the country, and constitutional government was replaced by a new military body called the State Law and Order Restoration Council (SLORC). Saw Maung became chairman of the SLORC as well as prime minister.

The SLORC changed the name of the country to Myanmar, implemented the economic reforms drafted by the previous government, and called for election of a new legislature and revision of the 1974 constitution. In May 1990 Myanmar held its first multiparty elections in 30 years. Of the dozens of parties that participated, the two most important were the government’s National Unity Party (NUP), successor to the BSPP, and an opposition coalition called the National League for Democracy (NLD). The result was a landslide victory for the opposition NLD, which won some four-fifths of the seats.

The SLORC, however, would not permit the legislature—which it now declared to be a constituent assembly tasked with drafting a new constitution—to convene. Moreover, the military regime did not release the NLD’s leaders, Tin U, a former general and colleague of Ne Win, and Aung San Suu Kyi, the daughter of the nationalist leader Aung San, both of whom had been under house arrest since July 1989; another leader, Sein Win, remained in exile in the West. International condemnation of the military regime was strong and widespread, both for its bloody repression of the demonstrations in 1988 and for its actions in connection with the 1990 elections. Worldwide attention continued to be focused on Myanmar after Aung San Suu Kyi was awarded the Nobel Peace Prize in 1991. (She remained under house arrest until 1995 and thereafter was detained periodically.) In April 1992 Saw Maung was reported to be in poor health and was replaced as chairman of the SLORC and as prime minister by Gen. Than Shwe.

Throughout the 1990s, the military solidified its political and economic hold of the country. In 1993 the SLORC appointed a new National Convention to formulate a constitution that would give the military control of the reorganized state, but by 1996 the convention had failed to complete its task. It did not convene again until 2004 and then met intermittently for nearly four more years before producing a draft constitution. Also in 1993 the military government sought to ensure its continued support by forming a new social organization, the Union Solidarity and Development Association (USDA), the aims of which paralleled those of the SLORC. By the early 21st century, more than one-fifth of the country’s population belonged to the organization. To guarantee its control of the economy in the event that it relinquished titular power, the military also formed two conglomerates, comprising various domestic businesses and joint ventures with foreign firms. The military itself more than doubled in troop strength between 1988 and 2000; moreover, the SLORC initiated a variety of cease-fires with most ethnic insurgent groups, thus giving the government greater control over peripheral areas while increasing border trade. In 1997 the military revamped the organizational structure of its ruling body and changed its name from the SLORC to the State Peace and Development Council (SPDC).

The political stalemate carried over into the 21st century, with the SPDC continuing to harass the NLD and the military maintaining stringent control. Calling on the SPDC to honour the results of the 1990 elections, the United States invoked economic sanctions against Myanmar in 1997 and restricted contact between the two countries. The European Union (EU) subsequently restricted trade and interaction with the SPDC, and the United Nations continued to condemn human rights violations and forced-labour practices in Myanmar. Late in 2000 the SPDC initiated secret talks with Aung San Suu Kyi (during another period of house arrest), and in 2001 it released approximately 200 political prisoners, evidently as a result of its negotiations with her. The potential for further democratic advancement emerged when Gen. Khin Nyunt was named prime minister in 2003. He promised to usher the country toward a new constitution and free elections, but his rule was cut short by allegations of corruption. In late 2004 he too was placed under house arrest and was replaced by Gen. Soe Win.

After decades of self-imposed isolation and international neglect, Myanmar nevertheless assumed greater strategic and economic importance in the Asian region in the years leading up to the 21st century. The migration of more than one million Chinese into Myanmar, massive Chinese support for the SLORC (and, later, the SPDC) in the form of military equipment and assistance in infrastructure development, and the ability of the Chinese to open trade through Myanmar to the Bay of Bengal concerned the Indian government. In an effort to lessen Chinese influence, India shifted its policy from opposing the SLORC to supporting it. In 1997 Myanmar was admitted into the Association of Southeast Asian Nations (ASEAN), a group that tacitly sought to strengthen economic and political conditions within Myanmar and also to curb Chinese influence.

Despite its increased global interaction since 2000, Myanmar remained hampered by international sanctions—including intensified U.S. and EU sanctions in 2003 after the SPDC again detained Aung San Suu Kyi. It was clear that Myanmar’s prospects for further economic growth and acceptance by the international community were contingent on democratic progress and an improved human rights record. When in September 2007 the monastic community staged a large-scale demonstration calling for democratic reforms, the harsh response from the military drew widespread international criticism.

In the wake of this unrest, the National Convention finally approved a draft of a new constitution in early 2008 that was to be put to a public referendum in May. However, the referendum process was disrupted by natural disaster. On May 3–4 a powerful cyclone (Nargis) struck the Irrawaddy delta region of south-central Myanmar, obliterating villages and killing some 138,000 people (the total including tens of thousands listed as missing and presumed dead). The government’s failure to provide relief quickly at the outset of the disaster and its unwillingness to accept foreign aid or to grant entrance to foreign relief workers further increased the death toll caused by disease and elicited harsh criticism from the international community.

The new constitution was ratified in late May 2008, although outside observers were highly skeptical of the referendum process itself (particularly the reported results from regions devastated by the cyclone). The document was to take effect after the election of a new bicameral legislature, named the Assembly of the Union, which eventually was scheduled for November 2010. Provisions in the constitution ensured that the military would have a leading role in future governments in Myanmar, notably that one-fourth of the members of each legislative chamber would be appointed by the military leadership.

In preparation for the parliamentary elections, a series of election reform laws were enacted in March 2010. One of them officially annulled the results of the 1990 election, while two others stipulated that persons married to foreign nationals or convicted of crimes were barred from participating in the election. The effect of these latter two laws was to disqualify Aung San Suu Kyi, who was married to a British citizen and in 2009 had been convicted of violating the terms of her house arrest (an uninvited intruder had entered her compound in Yangon) and sentenced to an additional 18 months of house arrest. In addition, political parties were required to reregister or they would be disbanded. Since this would obligate the NLD to accept the annulment of the 1990 election as well as to expel Aung San Suu Kyi and other party leaders from its ranks, the party chose not to register and thus was forced to dissolve in May.

Some three dozen parties did register for the elections, including the USDA—which renamed itself the Union Solidarity and Development Party (USDP)—and one created by a faction of former NLD members. In addition, several high-ranking generals in the government resigned their military commissions to run as civilian candidates in the NUP. The elections were for both the national legislature and local assemblies, and the USDP and NUP, the two government parties, fielded at least one candidate between them (and typically one each) for every race. The much smaller opposition parties were able to put forward only a fraction of the number of candidates, meaning that in most races the government nominees ran unopposed. The result of the polling, held in early November, was an expected overwhelming victory for USDP and NUP candidates. However, many opposition parties claimed voter fraud by the government. In addition, with the notable exception of China, most international observers, including the United Nations, considered the election unfair and merely a means by which the ruling junta sought to legitimize its power. Aung San Suu Kyi was released from house arrest six days after the election and continued her opposition to military rule.

A brief transition period ensued in early 2011. The new legislature convened on January 31, at which time the 2008 constitution nominally went into effect. On February 4 Thein Sein, a former general who served as prime minister since 2007, was elected president of Myanmar by members of the legislature. Than Shwe dissolved the SPDC (thus formally relinquishing his control of the state and government) on March 30, and Thein Sein assumed constitutional executive authority in the country. Than Shwe subsequently also stepped down from his military posts, but it was unclear if he continued to wield some degree of behind-the-scenes power in the government.

Thein Sein’s new civilian government embarked on implementing a broad agenda of political and social reforms during the remainder of 2011. These included relaxing press restrictions, releasing thousands of political prisoners in a general amnesty, enacting laws allowing for peaceful demonstrations and for the formation of unions, and signing a cease-fire accord with Shan insurgents (a similar accord was reached with Karen rebels in January 2012). Most notably, government-imposed restrictions on Aung San Suu Kyi were further relaxed during the year, including her ability to meet freely with associates and to travel around the country. In December the NLD was allowed to register as an official party and field candidates for parliamentary by-elections held on April 1, 2012. Aung San Suu Kyi vied for and won the open seat in her home constituency in Yangon. In all, NLD candidates won 43 of the 45 seats that were up for election.

Accompanying the domestic political and social changes in Myanmar were greater efforts to end the years of international isolation. Several high-level foreign officials visited the country in 2011—including U.S. Secretary of State Hillary Clinton, who met with both Aung San Suu Kyi and Thein Sein. Following the April 2012 elections, the United States and European Union announced plans to begin lifting some of the economic sanctions and other restrictions that had been in place since the early 1990s, and in November U.S. Pres. Barack Obama made a brief visit to Yangon. In addition, in early 2012 the kyat (Myanmar’s currency) was allowed to float in value on world markets as one of the initial steps toward economic reform. That action was part of the government’s efforts since 2011 to increase and diversify foreign investment in the country and to attract greater numbers of foreign tourists. The strategy seemed to work, as the country experienced several years of solid economic growth.

Parliamentary elections were held in early November 2015 and proved to be the country’s first to be freely contested. Reports indicated that, generally, the polling was conducted fairly, and, after several days of ballot counting, it was clear that the NLD had won a considerable majority of the seats in both legislative chambers. The NLD was thus poised to form a new government in early 2016, although the military leaders were to retain control over such areas as the army and the police force. In addition, Aung San Suu Kyi would not be permitted to become president, because of the constitutional provision that bans candidates who have (or had) spouses or children who are foreign nationals. Because of that stipulation, the NLD presented Aung San Suu Kyi’s close friend, Htin Kyaw, as the party’s candidate. Members of the legislature met on March 15, 2016, to vote on the country’s new president. Htin Kyaw was elected. He was inaugurated on March 30, 2016. Aung San Suu Kyi emerged with multiple posts in the government before paring down her appointments to that of foreign minister, minister in the president’s office, and a newly established and powerful state counselor post. The last position had been created by the NLD-dominated legislature and signed into law by Htin Kyaw within a week of his inauguration; the creation of the position was denounced by the military members of the legislature, who labeled it unconstitutional.

In her new position of power, Aung San Suu Kyi’s primary focus was on bringing to an end the various insurgencies that were being waged across the country by some 20 different ethnic armed organizations. Building on the progress that the previous administration had reached with some of the groups that had signed a nationwide cease-fire in October 2015, the 21st Century Panglong peace conference opened in August 2016 and was followed with regular meetings thereafter. Economic reforms started by the previous government continued to be pursued, albeit initially at a slower pace, as the new administration was more focused on quelling the insurgencies than on reforming the economy, and businesses were hesitant to act until there was more certainty regarding the shape and direction of the new administration’s economic policies.

One of the highest-profile challenges faced by the new administration was a resurgence in 2016 and again in 2017 of the periodic violence against the Muslim population of Rakhine state, who were known as the Rohingya, at the hands of Myanmar’s military and police. The actions by security forces—initially in response to some attacks on them by Rohingya militants—led to brutal crackdowns on the civilian Rohingya population. There were allegations that widespread human rights violations were being committed by Myanmar’s security forces against the Rohingya, including rape, beatings, and killings. In early 2018 it was estimated that more than 800,000 Rohingya had fled the country since the first crackdown had begun in 2016. The actions of the security forces drew international condemnation, and the government’s weak response to the crisis garnered significant amounts of criticism from the international community for falling far short of what was needed. Particularly harsh criticism was leveled specifically at Aung San Suu Kyi, whose long history as a human rights and pro-democracy activist was in sharp contrast to her tepid response to the plight of the Rohingya people as well as her failure to denounce the military, with whom she precariously shared power, for their actions, and whom she later defended in 2019 when the country was brought before the International Court of Justice (ICJ) for allegedly having committed acts that constituted genocide against the Rohingya. At an ICJ hearing in December 2019, she testified in defense of Myanmar’s actions and said that if any war crimes had been committed by members of the military, they would be prosecuted in Myanmar’s military justice system.

Meanwhile, on March 21, 2018, Htin Kyaw abruptly resigned as president. Myint Swe, a former general who was the senior of the country’s two vice presidents, served as acting president until the Assembly of the Union (the two legislative houses) could vote on Htin Kyaw’s successor. On March 23 Win Myint of the NLD was elected to one of the two vice president posts by the lower house. Both houses then elected him as president on March 28, and he was sworn in on March 30, 2018. Like Htin Kyaw, Win Myint was also a close ally of Aung San Suu Kyi, and the balance of power between the presidency and her state counselor position was not expected to change.

The NLD introduced constitutional amendments in March 2020 with the goal of democratic reforms to the military-backed 2008 constitution. These included some that would gradually reduce the minimum number of legislative seats reserved for the military over a 15-year period, as well as decreasing the military’s broad emergency powers. But, since the 2008 constitution provided the military with at least 25 percent of legislative seats, ensuring that they could block any legislation unfavourable to the military’s interests, the amendments were not passed.

The country’s next parliamentary election was held on November 8, 2020. Polls were not held in some sections of the country, however, with the election commission citing the insecurity from ongoing unrest between the military and armed ethnic groups as the reason. This affected less than 10 percent of the total electorate, but it was primarily ethnic minority voters that were disenfranchised. The NLD won a clear majority of seats in both legislative chambers, gaining more seats than it had won in 2015, while the military-aligned USDP saw its number of seats decrease. The USDP and the military rejected the results, alleging that the election had been tainted by fraud and irregularities, and called for the polls to be rerun. The electoral commission rejected these claims, saying that there was no evidence of fraud or irregularities widespread enough to have affected the outcome of the election; the commission’s stance was supported by the observations of international and domestic election monitors. The military also asked the government to delay the opening of parliament, scheduled for early February. but the government rejected the request.

On February 1, 2021—the day that parliament was scheduled to meet for the first time since the election—the military seized power in a coup d’etat. Pres. Win Myint, Aung San Suu Kyi, and other NLD members were detained and Vice Pres. Myint Swe became acting president. He immediately invoked articles 417 and 418 of the constitution, declaring a one-year state of emergency and handing control of the executive, legislative, and judicial branches of government to the commander in chief of the armed forces, Senior Gen. Min Aung Hlaing. Senior General Min claimed that the military takeover was necessary because of what they still maintained were unresolved electoral irregularities and because the request to postpone the opening of parliament had not been heeded. He promised to hold new elections at the end of the state of emergency and to hand power over to the winner. The next day the State Administrative Council was formed, with Senior General Min as chairman, to handle government function during the state of emergency. The coup was widely condemned on the international stage, and there was opposition to the military coup within Myanmar as citizens held large protests and engaged in acts of civil disobedience.