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BI Newsletter
BI Newletter


Burma's Constitution:

"Yes" or "NO" its not a big deal. what constitution gives people rights?

By: Saw Eh Doe Doh Moo

The constitution proposed by the military junta, the so-called State Peace and Development Council (SPDC), does not guarantee the fundamental rights of ethnic minority groups or the grassroots people and is unacceptable. This constitution, which the population is voting on during in the May 10th referendum, was drafted, in all essence by and for the military - not for the people of Burma.

However, before the voting can take place, it is the responsibility of the military regime, political opposition parties, non-governmental organisations and human rights activities to impart the real meaning of what a constitution is to the people. Without truly understand what a constitution is, what is included in this constitution and how it will affect their lives people are unable to make informed decisions when casting their votes.

Sadly this was not the case in Burma. The constitution was not made widely available and the limited number of copies needed to be bought, people were prohibited from freely discussing and debating the constitution by the regime with the threat of imprisonment, and the referendum process itself was unfair and unjust. The constitution and referendum do not reflect a genuine move towards democracy.

In order to get recognition and support for their governing system from the international community, Burma’s infamous generals are seemingly acting in accordance to pressure of international community. Shortly after the brutal crackdown on the non-violent protests lead by Buddhist Monks’ last year and the mounting international pressure that followed, the SPDC announced the referendum on the draft constitution in 2008 and elections in 2010. However, their actions, despite claiming they are bringing about democratic reforms, will for sure result in the opposite. Metaphorically, they are like “the white tomb”, which its surface appears to be good-looking and pleasant but inside the tomb, it is full of the horrible and unpleasant things.

The proclaimed seven steps “Road Map to Democracy” is a flawed process that only furthers the military’s strangle hold on the country. The restrictions that were placed on the first step of the road map – the national convention charged with drafting the constitution – ensured that the resulting document did not reflect the needs and wants of the population, instead it excluded the participation of all stakeholders with the exception of the military. Consequently, the draft constitution ensures that the military will retain power.

As a result, we totally reject this so-called constitution proposed by the military regime. Nevertheless a righteous, just and fair constitution that guarantee the fundamental rights of Burmese people and ethnic minorities, that balances power and transparency between the government and civilians equally is urgently needed in Burma.

Being a person from an ethnic minority group raised in grassroots community who has been going through severe circumstances such as intimidation, hardship, mistreatment, and discrimination by the oppressive regime, I personally believe that this constitution is not meaningless for the people. It like a wolf covered itself with a sheep’s skin, while it may appear meaningless, in reality is very dangerous. There are lots of people like me who are uninterested in and unconvinced by the military regime’s ongoing activities and tasks regarding to the constitution.

Furthermore, many people from Burma have been excluded from casting their vote on the new constitution including internally displaced persons (about 2 million, refugees (150,697) and migrant workers (over 1 million in Thailand alone). These groups represent a portion of the population and their voices on this issue deserve to be heard.

The forced adoption of the constitution proposed by the military regime does not unearth profound meaning, further the rights of the Burmese people or protect them from harm. The constitution entrenches the military into power in Burma and permits the continued brutal oppression of the population today, tomorrow and for the foreseeable bleak future.

To read the other articles in the May 2008 Newsletter please click on the links below:

Refugee Resettlement: Taking a leap of Faith
What does the referendum really mean to the people in Burma?