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Military coup in Myanmar: 'Garrison State' back to dismantle democracy?,

Global South Colloquy, 1 Feb.2021

Article · February 2021

DOI: 10.6084/m9.figshare.13697578.v1

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 Military coup in Myanmar:
‘Garrison State’ back to dismantle democracy?
K.M.SEETHI
 1

The Tatmadaw (military) has taken the draconian measures only

hours before the opening session of the country’s new
Military coup in Myanmar: ‘Garrison Parliament on 1 February. The developments came as a

State’ back to dismantle democracy? culmination of mounting tensions between the government and
the military following the general elections held in November
2020. The National League for Democracy (NLD) led by Aung
By K.M. SEETHI San Suu Kyi was declared to have won in the polls, securing over
80 per cent of the seats. However, this was contested by the
military and its proxy, the Union Solidarity and Development
Fears of a military takeover in Myanmar came true in the early Party (USDP), besides others like Democratic Party of National
hours of 1 February when the powerful army resorted to a series Politics, another proxy of the military, alleging that the elections
of measures which included detention of the State Counsellor were manipulated by ‘fraud’ and ‘irregularities.’ Apparently, the
Aung San Suu Kyi, President Win Myint and other senior USDP and hence the military, had expected a victory in the
government leaders, followed by the declaration of a state of elections. Deep frustrations eventually resulted in the
emergency in the country. The commander-in-chief of the ‘Trumpian’ style of accusations and finally the very reversal of
armed forces, Min Aung Hlaing, took over power in Myanmar the electoral verdict by scuttling the democratic process.
which has long been beleaguered by the interventions and
The Supreme Court and the Union Election Commission (UEC)
powerplay of the ‘Garrison State’—a “developmental construct”
did not yet consider whether they were to accept a writ
enunciated by Harold Lasswell way back in 1941 which refers
submitted by USDP and its allies regarding ‘irregularities.’
to “the specialist on violence” (the soldier) being in charge, and
Moreover, the UEC said that it did not have any evidence yet of
the socio-economic life getting subordinated to the military
the alleged irregularities. The elections held in November last
(Lasswell 1941: 455-468).
were the second democratic polls in Myanmar since the end of
 2

nearly five decades of military rule. The NLD had won the first If there arises or if there is sufficient reason for a state of
elections in 2015. emergency to arise that may disintegrate the Union or
disintegrate national solidarity or that may cause the loss of
In a television broadcast, the military announced that fresh
sovereignty, due to acts or attempts to take over the
general elections would be held and the ‘winning’ party would
sovereignty of the Union by insurgency, violence and
assume power. The state of emergency was declared after
wrongful forcible means, the President may, after co-
installing Myint Swe as acting President. Myint Swe, a former
ordinating with the National Defence and Security Council,
general, was serving as Vice President. Following this, Myint Swe
promulgate an ordinance and declare a state of emergency
transferred power to military chief Min Aung Hlaing. The newly
(Myanmar, Ministry of Information 2008).
elected members of Myanmar’s legislature who belonged to NLD
were detained in their residential places under heavy security. The country’s legislative, administrative and judicial powers are
Reports said that the military also detained the chief ministers of also transferred to the Commander-in-Chief of the Defence
14 states and regions. Services, under Article 418 of the Constitution, until the actions
are taken against (alleged irregularities in) voter list checking
In a statement issued by the NLD, Suu Kyi called on the people to
and (approval), the notification said.
fully oppose the military coup and “resoundingly resist against
it.” She said that the Tatmadaw “showed no consideration According to the Constitution, only the President can declare
whatsoever for the ongoing Covid-19 pandemic” (Myanmar a state of emergency and hand over power to the military.
Now 2021). Article 419 says:

The state of emergency was declared under Article 417 of the The Commander-in-Chief of the Defence Services to whom
2008 Constitution of Myanmar which was drafted by the the sovereign power has been transferred shall have the
military under heavy international pressure. As per Article 417, right to exercise the powers of legislature, executive and
judiciary. The Commander-in-Chief of the Defence Services
 3

may exercise the legislative power either by himself or by a country after gaining independence from the British colonial
body including him. The executive power and the judicial office in 1948. The fact that the Burmese Independence Army
power may be transferred to and exercised by an had played an important role in gaining independence would
appropriate body that has been formed or a suitable person have emboldened its stature. U Nu, the first prime minister of
(Ibid). Myanmar, himself had sought the help of military in 1958 to
form a caretaker government with some internal crisis brewing.
It may not seem strange that the Constitution itself conforms to
However, the direct military rule began in 1962 when General
the logic of the “Garrison State” when the Tatmadaw made
Ne Win captured power through a coup d'état. Myanmar
specific provisions for itself in the document. Under Article 74 of
transformed itself into a military dictatorship under the Burma
the military-made Constitution, the Union legislature of
Socialist Programme Party (BSPP) that continued for decades
Myanmar, known as ‘Pyidaungsu Hluttaw’ (The Assembly of the
(under the pretext of saving the country from disintegration).
Union) consists of ‘Amyotha Hluttaw’ (House of Nationalities), a
224-seat upper house and ‘Pyithu Hluttaw’ (House of Under General Ne Win, Myanmar witnessed various forms of
Representatives), a 440-seat lower house. Of the total 664 seats, military rule. Ne Win and his Revolutionary Council managed
75 per cent members (498) are elected directly by voters and 25 the affairs of the government directly for more than a decade
per cent (166 members) are Defence Services Personnel until when Myanmar was transformed into a military-propped
nominated by the Commander-in-Chief of the Defence Services. up, socialist one-party state under the guardianship of his own
This ‘Garrison’ model was akin to Suharto’s ‘New Order’ regime BSPP with the slogan ‘Burmese Way to Socialism.’ However, this
in Indonesia which came to power in the wake of the removal of eventually resulted in a severe economic crisis that persisted in
President Sukarno. the 1980s. Myanmar then witnessed massive pro-democracy
protests which forced Ne Win to step down in July 1988. But the
The ‘Garrison State’ of Myanmar has its history going back to the
military was able to reconsolidate its power, after unleashing
early 1960s when the country fell prey to military rule in 1962.
violence on the pro-democracy demonstrations which led to
In fact, Myanmar (erstwhile Burma) emerged as a democratic
 4

massive killing. The military regime was reinstated in a coup in in 2008, it turned out to be an instrument for reserving a
August 1988 by the State Law and Order Restoration Council specific role for the military. The Constitution was placed for
(SLORC), which continued for another 24 years. referendum, but it was boycotted by the opposition parties. It
was a blessing in disguise for the junta as it declared that there
In fact, the military had assured that it would transfer power to
was ‘massive’ mandate for the new Constitution.
an elected government; but it did not even approve the results of
the elections held in May 1990, which led to a landslide victory The military finally agreed to hold the general election in
for the National League for Democracy (NLD). The justification 2010—the first after two decades—but the NLD was declared
of the military for not conceding the mandate was that the ineligible to participate as per the election laws. Consequently,
country did not have a constitution. This caused long years of the military-backed Union Solidarity and Development Party
conflict between the military, ethnic groups and political parties. won majority, securing 259 of the 330 contested seats. There
The western powers continued to support the opposition parties’ was widespread condemnation of the elections held under the
struggle to restore democracy. Opposition party members, façade of ‘disciplined democracy.’
including NLD chief and Nobel Peace Prize laureate Aung San
However, Suu Kyi was released from house arrest in 2010, and
Suu Kyi and other leaders of the party had to live under house
later she was allowed to contest in a by-election in 2012 and a
arrest for long and many had to flee the country following the
won a seat in the Pyithu Hluttaw. Significantly, the NLD won an
military persecution. Meanwhile political prisoners swelled their
absolute majority of seats in the 2015 general elections, taking
numbers over the two decades.
86 per cent of the seats in the Assembly of the Union well more
However, in September 2003, the military regime declared its than the 67 per cent majority required to ensure that its own
intention to bring in a ‘disciplined democracy’—giving a hint candidates would be elected president and first vice president.
that the transfer power to an elected government would take
But it was a challenging time for Suu Kyi to work with military
place soon. Yet, it took another five years for the military to draft
generals who drafted the Constitution with clear intentions.
a new constitution, and when the Constitution came into being
 5

Already the military retained 25 per cent of seats in both houses failing to address voter list ‘irregularities’ and said it was
giving it a veto over any move to change the constitution. compelled to step in because the government had turned down
the military’s demands, including the postponement of the new
Obviously, Suu Kyi cannot become president without such
Parliament.
constitutional change. As per Article 59(f) of the Constitution,
the president must be someone who "he himself, one of the Many believed that the coup was the result of Min Aung
parents, the spouse, one of the legitimate children or their Hlaing’s personal political greed. He had already earned
spouses not owe allegiance to a foreign power." "(They shall) not notoriety for the ethnic cleansing against the Rohingya
be subject of a foreign power or citizen of a foreign country ... minorities in the Rakhine State, which led to more than 7 lakh
(or) be persons entitled to enjoy the rights and privileges of a people fleeing the country. There was widespread international
subject of a foreign government or citizen of a foreign country." condemnation of the military atrocities against the Rohingyas
As Aung San Suu Kyi’s two sons are British citizens, she could and there was even a travel restriction imposed on Min Aung
not become president. Hence she had to reconcile to the position Hlaing by countries like the United States for his direct
as the State Counsellor having the rank of de facto head of the involvement in the ethnic cleansing (The Washington Post
government. 2019). A United Nations Independent Fact-Finding Mission
(UNFFM) on Myanmar found adequate proof to call for the
The general election held in 2020 was quite decisive as it gave a
investigation of senior military officials for crimes and genocide
clear mandate for the present government to continue for
against ethnic Rohingya Muslims. The Chairperson of UNFFM
another term. The setbacks for the military-proxy parties
said:
obviously alarmed the generals as the new government would be
in a position to amend the 2008 Constitution which will erode The Council, and its individual members, should also impose
the powers of the military. This could plausibly be the immediate targeted individual sanctions against those most responsible
reason for all charges of ‘irregularities.” The military even went for serious crimes under international law. In our report, we
to the extent of accusing the Union Election Commission of identified six of the Tatmadaw’s most senior generals with
 6

command responsibility for the “clearance operations” in Min Aung Hlaing and his family members also got into
Rakhine State, starting with the Commander-in-Chief, controversies for the wealth they have amassed from business
Senior-General Min Aung Hlaing. They must cease to under the state patronage. For instance, Min Aung Hlaing was
benefit from all international support, both institutionally reported to have major shares in Myanma Economic Holdings
and personally. This includes an arms embargo on Public Company Limited (MEHL)—one of two major firms run
Myanmar and a prohibition of all transactions with by the military (Myanmar Economic Corporation (MEC) is the
Tatmadaw affiliated enterprises (UN Human Rights Council other business conglomerate). MEHL, which has a monopoly on
2018). Myanmar’s gems sector, as well as having stakes in various
industries including metals, banking, tourism, real estate,
It may seem strange that in December 2019, Aung San Suu Kyi transportation etc, generated huge profits and that ostensibly
had defended Myanmar’s military against genocide allegations reinforced military's independent operations.
at the International Court of Justice (ICJ), in the midst of
Human rights agencies like Amnesty International (AI) reported
widespread accusations of mass killings, rape and expulsion of
about such dubious connections the MEHL maintains. According
the Rohingya minority. In her opening statement before the ICJ
to Mark Dummett, Head of Business, Security and Human Rights
in The Hague, Suu Kyi rejected the case filed by the Gambia. In
at AI, “the perpetrators of some of the worst human rights
fact, Suu Kyi’s image got discredited in the international media
for the defence of the military. violations in Myanmar’s recent history are among those who
benefit from MEHL’s business activities – for example, military
It is these top Tatmadaw echelons who are now at the helm of chief Min Aung Hlaing owned 5,000 shares in MEHL in 2011.”
affairs in Myanmar. Consequently, the Rohingyas in the Rakhine He said: “This is not a case of MEHL unwittingly financing
State are the most distressed minority in the country who were human rights violations – its entire board is composed of high-
among the 2.6 million ethnic-minorities having been excluded level military figures.” According to different sources, MEHL also
from voting in the last November elections. has exclusive privileges in securing contracts with foreign
 7

companies and most of the foreign direct investments are to access their homeland and communities (UN Human
carried out through joint ventures with MEHL (Amnesty Rights Council 2019).
International 2020).
The ruling military junta has such a dubious history of
The UN Human Rights Council (2019) through its Independent manipulating both the ethnic and economic climate of the
International Fact-Finding Mission on Myanmar had already country to its own advantages. However, it knows that both the
recorded ample evidences of the economic interests of the domestic and international situations are not very smooth today.
Myanmar military and its dubious role in the ethnic cleansing. While the pandemic continues to affect the lives and livelihoods
The Mission report says that “the Tatmadaw insulates itself from of the people, the economy is now slowing down. The
accountability and oversight. Through controlling its own uncertainty in these sectors is likely to persist, even get
business empire, the Tatmadaw can evade the accountability and worsened, in the coming months when the United States
oversight that normally arise from civilian oversight of military threatens to impose sanctions if electoral verdict is not accepted.
budgets.” In the concluding part, the Report says: The UN Secretary-General, António Guterres, also voiced “grave
concern” over the military takeover of all legislative, executive
At least 45 companies and organizations provided the
and judicial powers. He said, “These developments represent a
Tatmadaw with USD 6.15 million in financial donations that
serious blow to democratic reforms in Myanmar” (United
were solicited in September 2017 by senior Tatmadaw
Nations 2021). The European Union and many other countries
leadership in support of the “clearance operations” that began
have already warned that the military cannot set aside the
in August 2017 against the Rohingya in northern Rakhine.
electoral verdict and take the country back to dictatorial days.
The Mission also found that private companies with enduring
links to the Tatmadaw are financing development projects in While the global pressure and condemnation keep on mounting,
northern Rakhine in furtherance of the Tatmadaw’s objective China said that “military's actions can be seen as an adjustment
of re-engineering the region in a way that erases evidence of to the country's dysfunctional power structure”, citing ‘experts’
Rohingya belonging in Myanmar, and preventing their return opinion. It said: “China has maintained good relations with both
 8

the current government and the military, and it hopes that the ‘disciplining’ democracy. And, more profoundly, ‘specialists on
two sides can reach a compromise through negotiations to violence’ won’t be able to hold on to power for long in the
maintain peace and stability.” China “also noted the country twenty-first century as this is a critical phase in human history
should be wary of possible external interference” (Global Times with multitude of issues having human rights implications.
2021). Obviously, China has multiple stakes in Myanmar which
References
included strategic and economic ties that go beyond the
conventional parameters of trade and commerce.
Amnesty International (2020): “Myanmar: Leaked documents reveal global
For India, the relations with Myanmar will remain important business ties to military crimes” 20 September,
given the geopolitics of India’s ‘Act East Policy.’ However, in a https://www.amnesty.org/en/latest/news/2020/09/mehl-military-
cautious statement, the foreign ministry said that “India has links-to-global-businesses/

always been steadfast in its support to the process of democratic

Global Times (2021): “China hopes for a stable, peaceful Myanmar through
transition in Myanmar. We believe that the rule of law and the domestic negotiations, not external interference,” 1 February,
democratic process must be upheld (India, Ministry of External https://www.globaltimes.cn/page/202102/1214556.shtml
Affairs 2021). It may be noted that notwithstanding its support
to the democratic movement in Myanmar, New Delhi always Lasswell, Harold D. (1941): “The Garrison State,” American Journal of
Sociology,” Vol. 46, No. 4 (January): 455-468.
sought to sustain a balanced relationship with both the military
and democratic dispensations. India, Ministry of External Affairs (2021): “Statement on developments in
Myanmar, February01,2021,”https://mea.gov.in/press-releases.htm?dtl
The state of emergency is declared for a year in Myanmar, but
/33434/Press+Statement+on+developments+in+ Myanmar
given the military’s absolute control over the system, it remains
to be seen if such a period is ‘enough’ for the junta to ensure a Myanmar Times (2021): “Myanmar announces state of emergency,” 1
‘disciplined democracy’ in the country. The detention of a large February, https://www. mmtimes.com/news/myanmar-announces-
number of leaders and officials is surely not a method of state-emergency.html
 9

ments%2FA_HRC_42_CRP_3.docx&usg=AOvVaw1K5B7dcEunfYwHz0
Myanmar Now (2021): “Suu Kyi calls for public resistance against coup,” 1 Nq6Hcr
February, https://www.myanmar-now.org/en/news/suu-kyi-calls-for-
UN Human Rights Council (2018): “Statement by Mr. Marzuki Darusman,
public-resistance-against-coup
Chairperson of the United Nations Independent International Fact-
Finding Mission on Myanmar, at the Security Council,” 24 October,
Myanmar, Ministry of Information (2008): Constitution of the Republic of the
https://www.ohchr.org/EN/HRBodies/HRC/Pages/News Detail.aspx
Union of Myanmar 2008, https:// www. wipo.int/
?News ID = 23778&Lang ID=E
edocs/lexdocs/laws/en/mm/mm009en.pdf
DOI: https://doi.org/10.6084/m9.figshare.13697578.v1
The Washington Post (2019): “U.S. imposes travel restrictions on Myanmar
military leaders over ‘atrocities’” 17 July, https://
www.washingtonpost.com/world/national-security/us-imposes-travel
-restrictions-on-myanmar-military-leaders-over-atrocities/ 2019 /07
/16/290b1457-600b-4463-9c2e-f29cfb65bf28_story.html

United Nations (2021): “The statement was issued today by the Spokesman for
UN Secretary-General António Guterres,” 1 February,
https://www.un.org/press/en/2021/sgsm20562.doc.htm

UN Human Rights Council (2019): “The economic interests of the Myanmar

military: Independent International Fact-Finding Mission on
Myanmar, Forty-second session, 9–27 September 2019,
Agendaitem4,A/HRC/42/CRP.3,”https://www.google.com/url?sa=t&rct=j
&q=&esrc=s&source=web&cd=&ved=2ahUKEwiBmcy_rcruAhVywTgG
HUkDDwoQFjADegQIBRAC&url=https%3A%2F%2F2.zoppoz.workers.dev%3A443%2Fhttps%2Fwww.ohchr.org%2
FEN%2FHRBodies%2FHRC%2FRegularSessions%2Fsession42%2FDocu

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