Burma may not get out of Constitutional Quagmire, Regardless of Self-determination

New Era Journal
14 August, 2007; Tuesday

- by – Zin Linn

Burma is bogging down in a constitutional quagmire rooted in the question of equality for all nationalities or democratic rights for all citizen of the nation. The ethnic nationalities in Burma have a strong political aspiration to establish a genuine federal union as highlighted in the 1947 Panglong Agreement. But, that burning aspiration was disregarded by the successive Burmese military regimes. As a result, the civil war has been going on because of the failed promise guaranteed in the Panglong Agreement. Contrary to the Panglong Contract, Burma’s 1947 Constitution which was completed in September failed to meet equal rights of ethnic nationalities had lasted for only fourteen years. Similarly, the 1974 Constitution, which also failed to meet establishing a Federal Union based on the principle of self-determination, had also lasted for merely fourteen years.

Now, as a consequence of the failed 1947 and 1974 constitutions, Burma has been still struggling in the constitutional quagmire. Burma's military junta has continued holding the last session of its controversial national convention on 18 July this year. While the final session of 14-year-old junta's National Convention is underway, the two strongest ethnic ceasefire groups - the KIO and United Wa State Army (UWSA) are threatened militarily and economically by the ruling junta. Recently KIO officials told Kachin News Group (KNG) that they have no reason to surrender weapons if the junta keeps denying autonomy for Kachin State which it has repeatedly demanded of successive ruling juntas. Relations between KIO and UWSA are strong and they seem to be alert their military units in order to resist inevitable military threats by the ruling junta, added news sources.

At the same time, New Mon State Party has cautiously sending an observation team to the final session of the controversial National Convention, according to Kaowao News Group. Meanwhile, the Mon civilians from both inside and outside the country are concerned about pressure by the military regime during or after the National Convention. The Mon population has grown disenchanted with the so-called ‘Road Map’ and its purpose to disarm the cease-fire groups without standard appreciation. Although the junta is pressuring the ceasefire groups, the NMSP stands decisively to uphold its four principles; not to dissolve the NMSP, not to disband its military wing, Mon National Liberation Army (MNLA), not to separate the party from its army, and not to give up the 14 territorial positions that were agreed during the cease-fire deal in 1995.

Under the menace of the military junta (SPDC), brushing aside the majority of people’s representatives-elect and allowing pro-military hand-picked delegates, how could it be a free and autonomous convention to make any social-contract. While contentious national convention is underway, the junta-backed Union Solidarity and Development Association, together with members of the local authorities and police, brazenly assaulted on human rights defenders in Burma.

Hence, this current convention may not represent a democratic mechanism as the military regime put aside the question of equality for all nationalities or democratic rights for all citizen of the nation. The junta’s pledges of democratic and economic reforms are merely rhetorical propagandas. Moreover, respect for the rule of law and human rights continue to be empty speechifying. It is, in fact, a magic show appeasing the ASEAN and China that the Burmese junta is working to perform a mufti-clad regime.

Accordingly, United Nations Secretary General Mr. Ban Ki-moon issued a statement on 18 July 2007, in which he urged the State Peace and Development Council (SPDC) of Myanmar/Burma to seize the current opportunity to ensure that this and subsequent steps in Myanmar's political roadmap are as inclusive, participatory and transparent as possible, with a view to allowing all the relevant parties to Myanmar's national reconciliation process to fully contribute to defining their country's future.

Meanwhile, more than 50 British MPs have strongly called for the release of detained Burmese Parliamentarians who have been imprisoned under the military dictatorship. The British Parliamentarians are demanding that the UN Special Envoy to Burma and the British government step up efforts to release those parliamentarians, and all political prisoners in Burma.

In the mean time, on 1^st August 2007, 92 Elected Members of Parliament in 1990 Elections submitted a letter to Mr. Ban Ki-moon. In the letter, they expressed that they all are relentlessly working for political dialogue. And declaring, they will not accept any solution made by unilateral action of the SPDC with use of force, threat, pressure and manipulation. The group of 92-Mps also mentioned, the SPDC has been embarking on the path to legalize its military rule with a new constitution through the seven-step road map, in which the national convention with its selected delegates is the first step.

The peoples' representatives are not allowed to participate in this constitution drafting process. All delegates are forced to agree on the SPDC's readymade chapters and basic principles, which grant the military's Commander-in-Chief the supreme power. General populations are threatened not to raise their voice about the future of their country with the SPDC's decree No. 5/96, which is designed to punish lengthy imprisonment to those who dare to criticize the national convention.

Looking back into times of yore, it's easy to perceive the real culprit holding up national reconciliation and democratization in Burma. The people of Burma still have vivid memories of the August massacre in 1988. It took place 19 years ago, on 8th August of 1988, the people of Burma from all walks of life including soldiers and police force marched through the streets of the country demanding for political and economic changes and an end to the one-party or totalitarian rule.

The military opened fire on the protesters and it is estimated that in the five days from August 8 to 12, more than 3,000 demonstrators were cold-bloodedly shot down throughout the country by the armed forces. But the brutal shootings of the heavily armed troops could not do away with the protest. The people continued to carry on the street demonstrations with their demands for restoration of democracy and human rights in the nation. When the then totalitarian socialist government could not afford to halt the swelling people’s protests, the military dictators re-entered into the power game on 18th September 1988 with the bloody coup.

The 8^th August Uprising was a nation-wide people's movement, which broke out on an unprecedented scale in the history of Burma. Three totalitarian presidents had to step down from power due to massive pressure of the people's demonstrations all over the country. Nonetheless, the 8888 people’s protests paved way for the 1990 elections; these were however invalidated by the military. The National League for Democracy (NLD) led by Aung San Suu Kyi and its ethnic allies won over 90 % of parliamentary seats in a 1990 general election.

Actually, the result of 1990 elections clearly showed the genuine desire of the people from all walks of life. But, the crooked junta has played a trickery game of national convention to buy the time. The junta first promised in its 1/90 declaration that the task of the convention was to draft a constitution and all of the elected representatives must be participated in the process. But, when the 11/92 Declaration of the junta came out, it allowed only 99 Members of Parliament out of 485 or 15.24 percent of elected representatives only. In the current session, there are merely 12 representatives-elect and they are all pro-junta delegates.

Although the military regime is yelling towards disciplinary democracy, it has debarred nearly 200 Members of Parliament who disagreed with the No.6 objective – for the Tatmadaw (Army) to be able to participate in the national political leadership role of the state.) – laid down by the junta and 13 representatives-elect are continue languishing in various prisons together with 1200 political prisoners.

Although democracy and human rights are yet to restore in Burma, the democracy activists both inside and outside the country continue to be unwavering in their commitment to carry out the struggle for restoration of democracy in Burma. Governments, international institutions and the United Nations General Assembly have condemned the military junta for human rights abuses in the country and for not transferring power to the elected Members of Parliament.

On this historic occasion of the 19th Anniversary of "8^th August Uprising", the 92 members of parliament in 1990 elections submitted a proposal to the UNSG that the United Nations’ good offices might play important role to avoid the upcoming national crisis in Myanmar/Burma.

Especially, to modify the step two of the road map as a meaningful political dialogue between the SPDC and the elected representatives from the NLD and ethnic political parties. In the dialogue, various national issues and procedures and time frame to implement the rest of the road map, as well as the role of elected representatives from the 1990 elections during the transitional period should be discussed and agreed.

If the SPDC continues to put into practice its seven-step road map without cooperating with the representatives-elect and without listening to the real aspiration of the people and repeated requests from the international community, including the UN, the SPDC's orchestrated constitution would be definitely challenged by the people (including ethnic nationalities) of Myanmar (Burma). The group of 88 generation students, the group of 92-MPs and numerous dissident groups inside and outside the country are declaring to join with those challenging citizens who oppose this sham-constitution and taking part to educate and organize the people to vote against the military-monopolized constitution in the referendum.

It has been undisputable that Burma’s constitutional crisis becomes one serious case on the global stage. For instance, Ibrahim Gambari’s important global diplomatic tour is noticeable to the Burma-watchers. He started a four-nation (Singapore, Malaysia, Thailand, and Indonesia) trip on 6 August 2007 consulting on the topic of Burma, before a final leg to military-ruled country, according to a UN statement. Gambari was appointed as the UN secretary-general's special adviser on Burma in late May. In last July, he had made a diplomatic-tour to China, India, Japan, Russia and some European countries to seek advice bringing about “national reconciliation, the restoration of democracy and the protection of human rights” in Burma.

However, Burmese and non-Burmese people are worrying that whether Mr. Gambari himself understands the root of the question or not. According to some critics, Gambari should not hope a good result from the junta’s orchestrated constitution drafting assembly or the sham national convention. According to people’s vigilance, the convention is just for a show to International Community in the absence of the representatives-elect in the 1990 elections. The convention on the draft constitution has taken an appearance of being a democratic option, but it is being carried out under an indisputably undemocratic and unfair political environment.

The key factor for Burma’s key players is to concentrate upon the question of equality for all nationalities and fundamental rights for all citizen of the nation. The sixty-year-long civil war that stem out from a constitutional crisis of the country may not be ceased simply, if this current national convention fails to provide self-determination for every nationality.

http://www.khitpyaing.org/english_page/august07/14-8-07_zinlin.php
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