Position of the NCGUB on Regime's 'National Convention'
(1) The people of Burma overwhelmingly voted for the National League for Democracy in the 1990 multiparty general elections with the anticipation that the party would help realize their wish to end military rule and establish a democratic government. The so-called "National Convention" process
being imposed on the people by the military junta is to prevent the results of the 1990 general elections
from being implemented and hence, it goes against the will of the people who wants to see country
being transformed into a democratic society.
(2) A constitution is a social contract between the government and those who are governed. Therefore, in order to have a long lasting constitution which will guide Burma toward peace and prosperity, it is of utmost importance for the people to be part of the constitution making process. For that to happen all restrictions on the freedom of expression, movement, information, assembly and association must be lifted, and security laws which restrict basic human rights and participation of the people in the political process must be repealed. Political parties must be allowed to reopen their party offices and conduct peaceful political activities. All political prisoners must be released immediately and unconditionally. Most importantly, Daw Aung San Suu Kyi and NLD Vice Chairman U Tin Oo must be released and allowed to freely participate in the political process.
(3) The root cause of the ongoing civil war in Burma is the failure of successive governments to accommodate the demands of the ethnic nationalities to enjoy equality and self-determination within the federal constitutional framework. In order to bring peace and national reconciliation back to Burma, opinions of the ethnic nationalities with regard to rebuilding the Union need to be sought. Hostilities and human rights violations in the areas of non-Burman ethnic nationalities must be stopped, a nationwide ceasefire must be declared, and an enabling environment that ensures the participation of all ethnic nationalities in constitution making process must be created.
(4) The current political atmosphere in Burma is no where near the conditions mentioned above. Contrary to that, SPDC has kept its Order 5/96 in force to restrict people from expressing opinions about the constitution making process.
(5) The on-going national convention is being politically manipulated so that it will rubber stamp the dictates of the ruling Burmese generals who have introduced tighter procedural controls, selected an overwhelming majority of hand-picked delegates, completely monopolized the agenda through their appointed commission and presidium, restricted public access to the convention and delegates’ access to the public, and working to speedily adopt the constitutional provisions without adequate consultations and discussion.
(6) The "Six Objectives" and the "104 Principles" set as non-negotiable at the convention by the regime also makes it obvious that the generals are after a constitution which will legitimize an authoritarian centralist government with very few checks and balances. Under that constitution, the military will be entrenched in every institution of State, including the Union and regional legislative assemblies, and will effectively be established as an ultra-constitutional organization. It will override the constitution and remain above the law. Ultimately, all powers will be bestowed on a "President" who must have "military service" and who will have absolute authority. Worst of all, the Commander in Chief will have the authority to seize the power of the State if he deems that the country is in the stage of emergency.
(7) The military-preferred constitution does not guarantee freedom of association or speech or media, or political activity, and there is no provision for human rights protection. In addition, there are no guarantees of equal rights or any special protection for the ethnic nationalities.
(8) In the previous session of the National Convention (May 17-July 9, 2004), constitutional principles were proposed by delegates from ethnic ceasefire groups who asked for
(9) There is also a growing concern within the international community over the regime's lack of enthusiasm to implement the recommendations made by consecutive UN resolutions. One of which says, Burma needs “to formulate a clear and detailed plan for the transition to democracy, which includes correct timing and the involvement of all political groups and ethnic nationalities in a way that ensures the process is transparent and inclusive.”
(10) In sum, the "National Convention" being held without the participation of elected MPs is illegitimate and the basic principles adopted there contradicts the internationally accepted democratic norms. The NCGUB, which will continue to expose the true character of the SPDC’s National Convention, and urges the international community not to recognize the illegitimate National Convention process and its outcome.
February 15, 2004
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