Burma’s acting PM, Thein Sein, in his closing speech at the NC, declared the convention a success.  Maybe it is for him and the SPDC.  They have successfully hoodwinked, lied, coerced and bullied anyone and everyone associated with the NC to conform to their wishes and they have produced their ‘guidelines and basic principles’ for a constitution in just 14 years.  As Burma Campaign UK point out, this may result in a government elected by the 7-point road map by 2091. For the people of Burma, far from it being a success, it is another nail in the coffin of a once free country.  Observers note that the disparity between what was promised from the NC and what has been delivered seems enough to drive many cease-fire groups back to armed conflict, the results of the NC will bring about a worsening of the economic and political life of Burma; that chaos, instability and collapse of society may result if the SPDC continue along their tunnel-vision road map. 

What many would like to see is a situation in which the work undertaken by the SPDC is seen as the SPDC proposal for the future of Burma.  The NLD and many opposition groups inside and outside Burma as well as many ethnic ceasefire and non-ceasefire groups wish to have a say in the future of their country – and this can only be achieved by listening the their views and engaging in a real dialogue – the tripartite dialogue that every party calls for – except the SPDC who it seems will listen to no one.

Many excellent proposals for a new constitution have been made by groups working independently of the SPDC and these offer a real alternative to the SPDC’s centralist view – the truly federal structure that has been called fro since the founding fathers of the nation met at Panglong 60 years ago.  Any group even raising the matter at the NC has been severely reprimanded and punished by the SPDC.

The Burma Lawyers’ Council has been monitoring the NC for many years and has prepared a detailed analysis of the ‘Constitutional Principles’ produced by the NC.  This paper highlights the major flaws in the SPDC’s proposal, some of which I list here:-

• Basic human rights are not guaranteed – as with practically every freedom that is granted under the constitution there is an exception clause that existing laws can be applied to override human rights – and the SPDC have lots of those already implemented and use them to imprison and silence opposition.

• The rule of law is neglected – a prerequisite for economic development – the supreme courts are subject to over-rule by the president under his/her wide ranging powers.  There is no separation of executive and judiciary – all are subject to the whim of the president.

• There is no power of impeachment of the president.  The president can declare a state of emergency and run the country as his personal fiefdom without any resort to law.  BLC point out that developing countries which have adopted this system of government have fallen into chaos, civil war and poverty.

• Military supremacy – via control of the presidential election, the extensive powers of the Chief of Staff of Defense Forces, unelected seats for the military in both houses of parliament and control of key ministerial positions.  The unelected Chief of Staff of Defense Forces will remain more powerful than the elected Minister of Defense.

• The proposed constitutional makes no mention of the development of methods of accountability that are hallmarks of true democracies; a free press, public debate, civil society and academics being free to analyze and report independently of government, reporting on the working and decision-making that takes place in government, etc.

Much has been written about the NC and the process of trying to bring about a constitution fit for a nation.  It seems that the generals are deliberately ignoring anyone who calls for open debate, intent on keeping the ball rolling – to keep themselves in power until the road map is complete – and they will still remain in power with what they will claim as legitamacy.  The SPDC will have succeeded in their goal – to stay in power.  The NC has not been a success for the people of Burma – who are still waiting for a means for transition to civilian rule, adherence to human rights and democratic government.

QUOTES

“This long convention process has excluded the majority of the Burmese population, it has muzzled the delegates who were permitted to attend, and it has ignored their concerns, suggestions and proposals, along with those of many civil society groups and ethnic nationalities. The constitution that comes out of this will be a constitution by the generals for the generals, who rule Burma for their own benefit.”

Brad Adams, HRW

“For 14 years the international community has let itself be taken for a ride by the regime on its so-called roadmap to democracy, but this is not a roadmap, it’s a roundabout, and it is going nowhere. It is time for the international community to get into the driving seat.”

Mark Farmaner, BCUK

RESOURCES

A Critique of the SPDC Constitutional

Burma: Constitutional Convention Reinforces Military Rule

Burma claims steps toward democracy; military holds rule

Myanmar Constitution Guidelines Ensure Military Power

Myanmar junta claims step to democracy, but critic condemns ’sham process’

Burma Campaign UK: National Convention ends – Regime’s roadmap to instability

Burma’s constitutional draft preserves status quo