14 Bangladesh, Burma and the Rohingya crisis We consider below, whether Burma is really still ‘emerging’ as a democracy. As yet the only significant change to the UK programme in Burma is, as we found in our January report, the suspension of training for the Tatmadaw in December 2017.25 Burma’s “path to democracy” 22. There are many measures of democracy but it is widely accepted that key elements are a democratic constitution; a freely elected legislature (with some influence over Ministers); observance of the rule of law; and freedoms and rights, including freedom of expression; and a free media. 23. The 2008 constitution was drafted by the military without consultation with political parties or civil society. DFID at the time referred to it as “a political process neither inclusive nor consultative, viewed by most of the international community as a means of entrenching military rule.”26 Aung San Suu Kyi herself said she wanted the constitution to be amended “because we want a country firmly on the road to democracy” insisting the constitution was “fundamentally undemocratic”.27 24. The NLD government has not sought to amend the constitution. It is assumed that the military with its 25% of seats would veto any amendments but this is untested. 25. Human Rights Watch (HRW) record some positive reforms such as: ratifying the International Covenant on Economic, Social and Cultural Rights; trying to resolve past land confiscation cases and some minor reform of laws regulating speech and assembly. However, HRW also highlighted the NLD government’s increasing use of repressive laws to prosecute journalists, activists, and critics for the peaceful expression of opinions deemed critical of the government or military.28 26. Various organs of the UN have recommended, in total, 237 actions or reforms in relation to human rights to the Burmese government since 2013. One has been implemented and two partially implemented. As we highlighted in our previous report29 parts of the UN, like us, have been denied access to Burma. The UN Human Rights Council’s factfinding mission and the UN’s special rapporteur on Human Rights in Burma, Yanghee Lee, have been prevented from entering, as well as many of the human rights activists who once campaigned for Aung San Suu Kyi’s release.30 David Baulk of Fortify Rights told us: “we have seen a crackdown by the Government of Myanmar on human rights defenders, journalists, human rights monitors and others”.31 Media freedom 27. The ‘crackdown’ on media freedom has been brought to the world’s attention with the arrest and prosecution of Burma-based Reuters reporters, Wa Lone and Kyaw Soe Oo. They now face up to 14 years in prison under an Official State Secrets Act dating from 1923. 25 26 27 28 29 30 31 Bangladesh and Burma: the Rohingya crisis, Second Report, 2017–19, HC 504, paragraph 27 DFID submission to IDC, July 2008 Aung San Suu Kyi: Burma ‘not on road to democracy’, BBC October, 2013 Human Rights Watch 2018 World Report, Burma Bangladesh and Burma: the Rohingya crisis, Second report, 2017–19, HC 504, 15 January 2018 pg 61–62 Mark Farmaner and Zoya Phan of Burma Campaign UK, Ben, Khin Ohmar, 88 gen activist, Kurt Mausert, Civil society trainer Q147