By – Zin Linn
August 11, 2007 - Burma is being bogged down in a constitutional quagmire rooted in the question of equality for all nationalities or democratic rights for citizens of the nation. The ethnic nationalities in the country have a strong political aspiration to establish a genuine federal union as agreed by 1947 Panglong conference. But, that burning aspiration was disregarded by successive Burmese military regimes. As a result, civil war has been going on because of the failed promise guaranteed in the Panglong Agreement. Contrary to the Panglong spirit, Burma's 1947 Constitution which was completed in September failed to meet equal rights of ethnic nationalities had lasted for only 14 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 14 years.
Now, as a consequence of the failed 1947 and 1974 constitutions, Burma has been still struggling with a constitutional dilemma. 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 warned 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 have alerted their military units in order to resist inevitable military threats by the ruling junta.
Meanwhile, the Mon ethnic nationalities cease-fired group New Mon State Party stands decisively to uphold its four principles; not to dissolve the party, 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 with military hand-picked delegates, how could it be a free and autonomous convention to make any social-contract. While the contentious national convention is underway, the junta-backed Union Solidarity and Development Association, together with members of the local authorities and police, brazenly assaulted human rights defenders in Burma.
All the delegates in the National Convention are forced to agree to the SPDC's ready made chapters and basic principles, which grant the military's Commander-in-Chief the supreme power. The general population is threatened not to raise its voice about the future of their country with the SPDC's decree No. 5/96, designed to punish through lengthy imprisonment to those who criticize the national convention.
The junta's pledges of democratic and economic reforms are merely rhetorical propaganda. 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.
The 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 road map 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.
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 meantime, on August 1, 2007, 92 Burmese MPs elected 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 declared they will not accept any solution made unilaterally by the SPDC with use of force, threat, pressure and manipulation.
Looking back in time, 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, when the people of Burma from all walks of life including soldiers and police force marched through the streets of the country demanding 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 shot down in cold blood throughout the country by the armed forces. But 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 the power game on 18th September 1988 with the bloody coup.
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 82 percent of parliamentary seats in a 1990 general election.
However, the crooked junta has played the game of national convention for buying 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 participate 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 but only advocates of militarization.
Not surprisingly, the military regime is yelling for military guidance to 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 continue languishing in various prisons together with 1200 political prisoners.
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).
It has been indisputable that Burma's constitutional crisis becomes one serious case on the global stage. For instance, global diplomatic tour of Ibrahim Gambari, the special adviser of the UN secretary-general is noticeable to Burma-watchers. He started a four-nation tour in Singapore, Malaysia, Thailand, and Indonesia after his trip to China, India, Japan, Russia and some European countries to consult the issue of Burma, before a final leg to the region's problem child.
However, Burmese and non-Burmese people are worries whether Mr. Gambari himself understands the root of the question or not. Gambari should not hope for good results from the junta's orchestrated constitution drafting assembly or the sham national convention. The convention on the draft constitution appears to be a democratic option, but it is being carried out under an indisputably undemocratic and unfair political environment.
The main factor for Burma's key players to consider is the question of equality for all nationalities and fundamental rights for all citizens of the nation. The 60-year-long civil war that stems from a constitutional crisis of the country may not simply cease, if this current national convention fails to provide self-determination for every nationality.
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