In a recent interview in with The Irrawaddy, Win Tin, one of the most influential leaders of National League for Democracy (NLD), talked about the 2010 Burmese election.

One of his major points was that the results of the 1990 election cannot be thrown away like a piece of paper or a leaf. He said his thinking was based on the 1988 spirit of democratic struggle, in a spirit which might differ from that of some NLD leaders who have safeguarded the NLD and who base their thinking on a more “rational” approach.

Win Tin’s view is actually based on the intentions stated by the NLD at its very inception. The prime NLD intention was to “bring about a genuine democratic government in accord with the people's desires, which guarantee basic human rights."

When Win Tin took part in founding the NLD together with Daw Aung San Suu Kyi and other leaders, their goal was to continue the unfinished democracy movement which was interrupted by the military coup in September 1988. The NLD wanted to create a democratic environment for the elections to be held in 1990.

The debate about whether the NLD should now take part in the elections has been going on since its formation. In a letter on Nov. 29, 1988, from Aung Gyi to Suu Ky, he urged her to expel some Communists and communists sympathizers, including Win Tin, from the NLD because the coup leaders could deregister the NLD before the election on the grounds that it was influenced by Communists.

Aung Gyi, who based his thinking on rationality, foresaw some excuses which could be used by the junta. His suggestion was turned down by the NLD’s revolutionary or radical thinkers, and he himself was expelled from the NLD. When the election was held, the NLD won in a landslide, while Aung Gyi's Union National Democracy Party (UNDP) won only one seat out of more than 300 seats contested.

In fact, in the history of the NLD, important decisions have been made in the absence of key leaders such as Suu Kyi, Win Tin or Tin Oo. When the NLD decided to participate in the elections on Sept. 25, 1989, almost all the key NLD leaders were in detention or in prison.

The NLD decision to attend the National Convention in 1993, and the decision not to attend the National Convention in 2004, were also made—based sometimes on rationality and sometimes on revolutionary spirit—in the absence of key leaders. 

Now, again, the decision on whether the NLD should contest in the 2010 election is being debated. Should the decision be based on a democratic revolutionary spirit or rationality?

According to the latest NLD statement, in what is known as the “Shwegondine Declaration,” it believes there are key elements that must be met for a democratic environment: the release of all political prisoners including NLD leaders; amendment of some provisions of the 2008 Constitution; international supervision of the election; and party registration and election laws that promote a free and fair election. 

Win Tin said in the interview that he accepted the declarations’ principles, implying that they are based on a revolutionary spirit to create a true democratic framework.

What he cannot accept is a parliament in which democratic forces cannot make any decisions or move forward under the present Constitution. If we accept the Constitution and take part in the elections, the Constitution will prevent true democratic reform from taking place. That is the main reason he places a Constitutional review before the election, according to U Win Tin.

However, Khin Maung Swe, a NLD central executive committee member, said in a meeting with 20 European diplomats on Oct. 14, that the NLD did not say that it would participate in the elections only if all its demands were met. The NLD is a democratic organization so it is natural to have different ideas among party members.

From the junta’s perspective, the idea of a Constitutional review seems to be a non-starter. According to Than Shwe's speech on Tatmadaw Day, there will be no review of the Constitution because it has been adopted by the people. 

The process appear to be deadlocked, based on U Win Tin’s statement: “We believe that all the parties should demand a more flexible Constitution at the outset. If the Constitution is amended, we can have a democratic space to some extent and can talk and work in parliament. If we accept the current situation, no amendments can be made, and there will be no rights for democratic forces or ethnic nationalities."

In the debate on the 1990 elections, the main issue was about whether the elections would be free and fair in the absence of key NLD leaders. This time, the focus is mainly on the 2008 Constitution, which was drafted without the participation of all stakeholders and through a lack of democratic process.