WHY ALL BURMESE SHOULD OPPOSE THE DRAFT CONSTITUTION 2008

First of all, this Constitution was written without people's representatives. The National League for Democracy (NLD) which is the largest major opposition party and which won 392 parliamentary seats out of 492 in the 1990 general elections quit the NC in 1996. Furthermore, the Shan Nationalities League for Democracy (SNLD) which is the second largest party and which won 23 parliamentary seats in the same elections also quit the NC in 1996 together with the NLD. The NC was officially resumed on 17/05/04 for the first time and concluded on 03/09/07 without the participation of NLD and SNLD representatives. It is therefore evident that The Constitution was written without people's representatives.

Second of all, it was written in favour of the military. The Constitution allows the military to govern the country legally. If this Constitution is ratified, if this Constitution comes into life, it will prolong the life of the repressive regime for decades. There are a number of Articles in the Constitution which obviously spotlight the role of the military with regard to the future of Burma. For instances: (the numbers are the Articles of the Constitution 2008)



6. The Union’s consistent objectives are :
(f) enabling the Defence Services to be able to participate in the National political leadership role of the State.

Comment: This Article 6 allows the military to take a leadership role of the State as long as this Constitution exists.

14. The Pyidaungsu Hluttaw, the Region Hluttaws and the State Hluttaws include the Defence Services personnel as Hluttaw representatives nominated by the Commander-in- Chief of the Defence Services in numbers stipulated by this Constitution.

Comment: The Pyidaungsu Hluttaw (The Union Assembly/ The Parliament); The Region Hluttaws( Regions are formerly known as Divisions: Mandalay Division, Sagaing Division, etc.); The State Hluttaws ( States are the same as former States: Shan State, Kachin State, etc.)
The Union Assembly comprises two assemblies: The Region Assembly and The State Assembly. There will be soldiers in uniforms in the two assemblies and accordingly, in the Union Assembly. What a shame! Soldiers want to be in the places where they do not belong.

20. (b) The Defence Services has the right to independently administer and adjudicate
all affairs of the armed forces.

Comment: Founding parallel sovereign power to that of the Union Assembly. Only Union Assembly (Parliament) should have the right to exercise legislative power, administrative power and judicial power. The Defence Services will become an independent body without any control. No civil court and civil justice system will have the right to administer them. In short, they can do what they like in line with this Article.

26. (a) Civil Services personnel shall be free from party politics.

Comment: Abusing the fundamental rights of the civil servents. On the contrary, there is a proviso (an execption) in Article 121 (j) allowing selected and appointed Civil Services personnel and Defence Services personnel to become representatives of the parliament. It does not clearly state that which kind of Civil Services can become representatives. As for the Defence Services personnel, it is obvious that they can become representatives by the appointment of the Commander-in-Chief of Defences Services. Parliament will be mingled with selected and appointed representatives. How inappropriate!

32. The Union shall :
(a) care for mothers and children, orphans, fallen Defence Services personnel’s children, the aged and the disabled;
(b) ensure disabled ex-Defence Services personnel a decent living and free vocational training.

Comment: This Article 32(b) neglect the disabled ex-Civil Services personnel. There will be ex-Civil Services personel who are disabled due to their nature of job performances. Personnel from industrial sectors such as mining, production of minerals and other production sectors could become disabled in the line of their duties. The Constutution only ensure the care for ex-Defence Services personnel. This is a significant seperation between Civil Services personnel and Defence Services personnel. It will become a thorn in the heart of the Civil Servents and lead to the disintegration of the people of the Union. How privileged! How tactful to seperate soldiers from people!

40. (b) If there arises or there is sufficient reason to arise a state of emergency endangering life and property of the people in a Region, State or Self-Administered Area, the Defence Services has the right, in accord with the provisions of this Constitution, to prevent that danger and provide protection.
40. (c) If there arises a state of emergency that could cause disintegration of the Union, disintegration of national solidarity and loss of sovereign power or attempts therefore by wrongful forcible means such as insurgency or violence, the Commander-in-Chief of the Defence Services has the right to take over and exercise State sovereign power in accord with the provisions of this Constitution.

Comment: Articles 40 (b) and (c) give the military to practise sovereign power in a Region, State or Self-Administered Area and in the whole Union in a situation where a state of emergency is declared.

59. Qualifications of the Presidents and Vice-Presidents are as follows:
(d) shall be well acquainted with the affairs of the Union such as political, administrative, economic and military;

Comment: The President and Vice-Presidents shall be well acquainted with military affairs means they will be military personnel or ex-military personnel. Only these people are eligible to hold the presidential office.

71. (a) The President or any Vice-President may be impeached for one of the
following reasons :
(i) high treason;
(ii) breach of the provisions of this Constitution;
(iii) misconduct;
(iv) being disqualified for the President or Vice-President under provisions as prescribed in this Constitution;
(v) inefficient discharge of duties assigned by law.

Comment: This article allows to take action against the President and Vice-Presidents. And there are several articles that allows the State to take action against representatives, civil servants, etc but there is not a single article which allows the State to take action against the Commander-in-Chief of Defence Services. It is like "THE KING CAN DO NO WRONG" principle. The Commander-in-Chief of Defence Services is given a place above the law. How fair!

109 . The Pyithu Hluttaw shall be formed with a maximum of 440 Hluttaw representatives as follows: (b) not more than 110 Pyithu Hluttaw representatives who are the Defence Services personnel nominated by the Commander-in-Chief of the Defence Services in accord with the law.

Comment: This article allows military personnel to be appointed by the C-in-C in the Pyithu Hluttaw (People's Assembly). The number is 25% of the whole representatives.

141. The Amyotha Hluttaw shall be formed with a maximum of 224 Hluttaw
representatives as follows :
(a) 168 Amyotha Hluttaw representatives elected in an equal number of 12 representatives from each Region or State inclusive of relevant Union territories and including one representative from each Self-Administered Division or Self-Administered Zone;
(b) 56 Amyotha Hluttaw representatives who are the Defence Services personnel nominated by the Commander-in-Chief of the Defence Services in accord with the law, four representatives from each Region or State inclusive of relevant Union territories;

Comment: Also in the Amyotha Hluttaw (National Assembly), there are 56 army personnel appointed by the Commander-in-Chief of Defence Services. 56 out of 224 representatives means 25% of the National Assembly representatives are army personnel.

Pyidaungsu Hluttaw (Union Assembly) is made up of Pyithu Hluttaw (People's Assembly)and Amyotha Hluttaw (National Assembly). In People's Assembly, 110 out of 440 representatives are appointed army personnel: and in National Assembly, 56 out of 168 representatives are appointed army personnel. How interesting!

121. The following persons shall not be entitled to be elected as the Pyithu Hluttaw (People's Assembly) representatives (j) Civil Services personnel;
Proviso: The expression shall not be applied to Civil Services personnel including the Defence Services personnel selected and appointed in the Hluttaws and organizations formed under the Constitution.

Comment: Civil Services personnel are not allowed to be elected as the Pyithu Hluttaw representatives but there is an execption: Defence Services personnel are allowed to be selected and appointed as representatives. How privileged!

Formation of the National Defence and Security Council
201. The National Defence and Security Council led by the President, to enable it to discharge the duties assigned by the Constitution or any law, shall be formed with the following persons :
(a) The President;
(b) Vice-President;
(c) Vice-President;
(d) Speaker of the Pyithu Hluttaw;
(e) Speaker of the Amyotha Hluttaw;
(f) Commander-in-Chief of the Defence Services;
(g) Deputy Commander-in-Chief of the Defence Services;
(h) Minister for Defence;
(i) Minister for Foreign Affairs;
(j) Minister for Home Affairs;
(k) Minister for Border Affairs.

232 (b)(ii) obtain a list of suitable Defence Services personnel nominated by the Commander-in-Chief of the Defence Services for Ministries of Defence, Home Affairs and Border Affairs;

Comment: Ministers for Defence, Home Affairs and Border Affairs are military personnel. Therefore, Minister for Foreign Affairs, Speaker of the Pyithu Hluttaw and Speaker of the Amyotha Hluttaw, only these 3 are not from the military in the National Defence snd Security Council (NDSC). There are 11 members in the NDSC. 8 members are from the military. In Article 412(a)and (b), the President shall declare a state of emergency after co-ordinating with the NDSC. However, 8 out of 11 NDSC members are military personnel or ex-military personnel. Therefore the President can declare a state of emergency with the approval of the majority of NDSC any time he desires. How imbalance!

232 (b) (iii) co-ordinate with the Commander-in-Chief of the Defence Services if he desires to appoint the Defence Services personnel as Union Ministers for other Ministries apart from Ministries of Defence, Home Affairs and Border Affairs.

Comment: This Article allows military personnel to be appointed in other ministeries and it is in accordance with the Constitution. How greedy! The military will take the most important ministeries: Defence, Home Affairs, Border Affairs and in addition, other ministeries so they desire.

232 (j) (i) If the Union Minister is a Civil Services personnel, it shall be deemed that he has retired according to the existing civil service rules and regulations from the day he is appointed as a Union Minister.
232 (j) (ii) The Defence Services personnel who are appointed as Union Ministers for the Ministries of Defence, Home Affairs and Border Affairs are not required to retire or resign from the Defence Services.

Comment: It means Civil Services personnel are not allowed to become Union Ministers but not the military personnel. How unjust!

234 (b) The President shall, to appoint the Deputy Ministers for Ministries of Defence, Home Affairs and Border Affairs, have the list of suitable Defence Services personnel nominated by the Commander-in-Chief of the Defence Services.
234 (c) The President shall co-ordiante with the Commander-in-Chief of the Defence Services if he desires to appoint the Defence Services personnel as the Deputy Ministers of other Ministries apart from the Ministries of Defence, Home Affairs and Border Affairs.

Comment: Not only the ministers, but the military personnel will become deputy ministers. How greedy!

262 The Chief Minister of the Region or State shall (a) (ii) request for a list of suitable Defence Services personnel nominated by the Commander-in-Chief of the Defence Services to assign responsibilities of Security and Border Affairs;
262 (j) The Chief Minister of the Region or State shall, if he wishes to assign the Defence Services personnel as the Region or State Ministers for other duties apart from security and border affairs, obtain their list from the Commander-in-Chief of the Defence Services with the approval of the Region or State Hluttaw concerned, submit it to the President.

Comment: Not only at the Union level, but as well in the Region or the State, military personnel will become ministers and deputy ministers in accordance with this article. How greedy!

276 (d) Leading Bodies of the Self-Administered Division or the Self-Administered Zone shall be formed with the following persons :
276 (d)(ii) the Defence Services personnel representatives nominated by the Commander-in-Chief of the Defence Services to assign duties relating to Security or Border Affairs;

276 (i) The Commander-in-Chief of the Defence Services shall assign the duties to the one-fourth of the total number of members with the Defence Services personnels in the Leading Bodies of the Self-Administered Division or Self-Administered Zone, as necessary.

Comment: These Articles 276(d) and (i) indicate how military personnel will occupy the most important seats in the Self-Administered areas. How monopolistic! At the Union level, the Region or State level and at last the Self-Administered level, the military personnel will be seen everywhere.

412. (a) If the President, learns that or if the respective local administrative body submits that there arises or is sufficient reason to arise a state of emergency endangering the lives, shelter and property of the public in a Region or a state or a Union Territory or a Self-Administered Area, after co-ordinating with the National Defence and Security Council, may promulgate an ordinance and declare a state of emergency.
412(b) If all the members are unable to attend the meeting held by the President to co-ordinate with the National Defence and Security Council under Sub-Section (a), the President may declare in time a state of emergency after co-ordinating with the Commander-in-Chief of the Defence Services, the Deputy Commander-in-Chief of the Defence Services, the Minister for Defence, and the Minister for Home Affairs who are members. The said declaration shall be submitted to the National Defence and Security Council for approval as soon as possible.

Comment: Please see comment at Article 232 b (ii)

413 (b) the President may, if necessary, declare a military administrative order. In the said order, the executive powers and duties and the judicial powers and duties concerning community peace and tranquillity and prevalence of law and order shall be conferred on the Commander-in-Chief of the Defence Services. The Commander-in-Chief of the Defence Services may exercise the said powers and duties himself or empower on any suitable military authority to exercise thereof.

419. The Commander-in-Chief of the Defence Services to whom the sovereign power has been transferred shall have the right to exercise the powers of legislature, executive and judiciary. The Commander-in-Chief of the Defence Services may exercise the legislative power either by himself or by a body including him. The executive power and the judicial power may be transferred to and exercised by an appropriate body that has been formed or a suitable person.

Comment: The State Sovereign Power: Legislature, Executive and Judiciary will be conferred on the C-in-C of Defence Services. How crazy! It will be like a lunatic sitting on the lion throne.

432. The legitimate measures of any administrative body or any of its members, any Civil Services body or any of its members, and any military body or any of its members assigned powers and duties to take measures as required in order to speedily restore the security, stability, community peace and tranquility and prevalence of law and order to its original state on behalf of the President while a declaration of emergency is in operation or during the duration the sovereign power is being exercised by the Commander-in-Chief of the Defence Services or during the duration the sovereign power is being exercised by the National Defence and Security Council, shall be valid. No legal action shall be taken on such legitimate measures.


Comment: This is the worst of all. It means while the C-in-C of Defence Services is exercising the sovereign power of the State, his or his surbodinats' acts cannot be sued or charged with any law. They can do whatever they like to the general public. How unjust and how useless of the Constitution!

We therefore condemn the Union of Myanmar Constitution 2008 and oppose the brutal ruling of this repressive military government, State Peace and Development Council (SPDC).

Current Task: The Draft Constitution was promulgated by the Head of the State on 29/05/08. The Referendum Commission Chairman Aung Toe cheated the whole nation and the world by announcing that 92.48% of eligible voters cast YES vote and approved the Draft Constitution.

We, people of Burma, should oppose the election which is supposed to be held in 2010 because if that election is held, this Myanmar Constitution 2008 will come into operation as stated in Article 441 of that Constitution.