Burma’s National Referendum: A Total Deception

Pre-Analysis of the May 10 National Referendum

By 7 Alliances of the Burmese Democracy Movement in Exile

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Introduction: The Beginning of the Burma’s State Peace and Development Council’s (SPDC) Challenge to the Burmese and International Communities

Signed by the Secretary (1) Lt. Gen. Thiha Thura Tin Aung Myint Oo, the State Peace and Development Council (SPDC) issued announcements No. 1/2008 and 2/2008 on February 9, 2008. No. 1/2008 declared that a national referendum will be held in May 2008 to adopt its soon-to-be-finished draft State Constitution, whilst No. 2/2008 declared that a general election will be held in 2010 in accordance with that adopted constitution.

These announcements appeared at a time when calls for an effective national reconciliation process in Burma were being made by both the international community (including the UN), and Burmese people both within and outside of the country. It was also a period in which initial talks between Daw Aung San Suu Kyi and the SPDC’s Minister for Relations, U Aung Kyi, were taking place, in preparation for a genuine dialogue between the opposition and the SPDC in the future. By issuing these announcements, the SPDC ignored the good-will appeals from the UN and the international community, and wiped out the hope for national reconciliation among its own citizens. As a result, negotiations to resolve the country’s political impasse have come to an end.

Nature & Timing of Announcements No. 1/2008 and 2/2008

The draft State Constitution had yet to be completed when the SPDC announced on February 9 that it would hold a national referendum in May; just three months away. Ten days later, on February 19, the Constitution Drafting Commission confirmed that it had finished the draft constitution. Booklets setting out the draft State Constitution became available on sale in the last week of March. On April 9, the Commission for Holding the National Referendum issued announcement No. 4/2008, declaring that a national referendum would be held on May 10.

By issuing announcement No. 2/2008 in February, declaring that a general election will be held in 2010 in accordance with the adopted constitution, the SPDC disregarded the opinion of the general public who had not yet had a chance to read the draft State Constitution, much less vote on it in the upcoming referendum. It is clear that the SPDC will force its own citizens to approve the draft Constitution, regardless of whether or not they agree with it.

Weaknesses in Rules and Regulations

Signed by Chairperson Ser. Gen. Than Shwe, the SPDC announced National Referendum Law 1/2008 on February 26. Following this, related Rules and Regulations 1/2008 for the approval of the draft State Constitution were issued on February 28 by Secretary (1) Lt. Gen. Thiha Thura Tin Aung Myint Oo. Due to complications and irregularities in the Referendum Law and related Rules and Regulations, the forthcoming Referendum cannot be considered free and fair.

The following examples demonstrate the weaknesses in the SPDC’s Referendum Law and Rules and Regulations.

            • Restrictions and punishments for eligible voters are included in the Referendum Law and Rules and Regulations but there are no restrictions and punishments for members of the Commission for Holding the National Referendum and sub-commissions.  

            • Ballots will be counted in front of not less than ten voters in each polling station, but Referendum Sub-Commissions at different levels (quarter, village, township, district, state and division) are formed by the authorities. This means it will be unlikely voters will be able to watch the final counting of the ballots.

(a) Compiling the list of eligible voters is based on quarter and village levels (Article 12). There are no constituencies, unlike in the 1990 election. The number of eligible voters is not based on family registration records (Chapter 5 Article 11 a, and Article 12). Therefore, voters’ lists can be changeable. Guests can be included in the list at their current locations (Chapter 5 Article 11 c). Therefore eligible voters’ lists can be created as the authorities wish. According to Article 11 d, those who work in neighboring countries can be considered ineligible but they can also be included in the list, at local authorities’ discretion. If they are excluded they cannot protest to the authorities because charges may be brought against them under the present Immigration Act.  

(b) Exceptional voters are placed in nine categories (Article 11). They are diplomats and their families, army personnel on duty and their families, civil servants abroad and their families, students with scholarships abroad and their families, those who are abroad with the government’s permission and their families, students studying at universities and colleges in other places, hospital servants and patients, civil servants in other roles and their families, and detainees. According to Articles 12 (d) and 13 (b), their votes can be collected by the heads of their respective departments e.g. military attaché, commander, headmaster, professor, director, etc. Therefore, the independent and secret nature of the voting procedure can be severely affected under these Articles.

            • The vote casting procedure is not clearly specified. In the 1990 election, about 60% of voters living in remote areas received an explanation of the voting procedure, to ensure that people understood how to cast their votes properly and to avoid their votes being disqualified. Political parties are currently not allowed to educate or explain to the general public about vote casting procedures. The more complicated the ballot form and voting system, the greater the number of disqualified votes, resulting in a higher percentage of support for the status quo.

            • Voting will take place at quarter/village level in accordance with Article 2 (j). Some news agencies have reported that there would be over 2,500 polling stations in Rangoon Division, and that the Referendum Commission there had already arranged for 100-3,000 eligible voters to cast their votes at one place. The Commission’s manual for quarter/village sub-commissions states that one polling station will be for 3,000 voters. Since the number of eligible voters has not been publicized, it is difficult to calculate the number of polling stations in the whole country.

            • Geographically, some sub-townships in Burma have larger areas and populations than townships. If there are too many polling stations at one place, the secret ballot system will be affected. However, if there are not enough polling stations for a place, some voters might miss the chance to cast their vote due to transportation constraints.

            • The Referendum shall be held during the period set by the Referendum Commission (Article 3). Township Referendum Commissions can announce the date for the ballot (Article 9 c). These Articles permit Commissions to hold the Referendum on different dates. Since Referendum Commissions at different levels have the authority to postpone and stop the ballot (Chapter 7 Articles 20 and 21) and Commission members are not independent referees, the fairness of the Referendum is questionable.

            • The current Chairperson of the Commission for Holding the National Referendum served as the Chairperson of the Commission for Drafting the State Constitution (2008) and the Commission for Holding the National Convention (1993-2007).

Current Situation: Restrictions and Solicitations

Although the National Referendum is less than two weeks away, people inside Burma are still not allowed to debate on and/or criticize either the Referendum or the draft State Constitution. Decree 5/96 (and others) still exist that can be used to punish those who criticize the draft constitution with years of imprisonment. Members of the National League for Democracy (NLD) and democracy activists who advocate voting against the draft State Constitution in the upcoming Referendum have been intimidated, arrested and beaten. According to the Assistance Association for Political Prisoners (Burma) (AAPP), over 70 activists have been arrested over the past three days.

On the other hand, the SPDC is actively supporting the activities of its sponsor organizations and individuals in soliciting votes in favor of the coming Referendum. Some Ministers have been going from place to place to persuade the electorate to vote in favor of their Constitution. The SPDC also uses their state-controlled radio and TV stations and print media to urge the general public to support the Referendum.

Conclusion

In order to hold a ‘free and fair’ National Referendum, the SPDC should fulfill the following recommendations. Otherwise, the Referendum is a total deception of Burma’s own citizens and the international community.

            1. To include every eligible voter when the voter list is announced,

            2. To immediately stop the intimidation and arrest of democracy activists advocating voting against the Constitution in the referendum,

            3. To allow political entities and the general public to freely discuss and debate the National Referendum and the draft State Constitution,

            4. To guarantee a secret ballot voting system,

            5. To allow only the Commission for Holding the National Referendum to announce the result of the Referendum,

            6. To allow voters to watch ballot counts,

            7. To allow the presence of international journalists and observers during the Referendum, and

            8. To release all political prisoners and allow them to vote in the Referendum.

Dated: May 1, 2008