Myanmar Constitution 2008 Critic

Hello everybody! My name is Tin Thu Zar Swe. I come from Myanmar formerly known as Burma and my nationality is Burmese. I have been studying in the UK since October 2005 and until now I am a post-graduate student in the United Kingdom. Whilst in the UK, I have been enjoying human rights such as freedom of speech, freedom of opinion and expression, freedom of thought, freedom from torture, inhuman or degrading treatment ,women’s rights, etc. which I can never enjoy in my own country, Burma. I am now giving a brief summary of how the present government flouts human rights and trying to prolong the current regime under the name of Myanmar Constitution 2008 for my own personal reasons. I am giving my expressions in English for the international community and again in Burmese for my own people.

In Burma, Parliamentary meetings were finished. The President, Vice-Presidents and top brass were elected. In fact, it is a sham Parliament. The military government had already chosen all the important positions as they wished. To be able to hold such a sham parliamentary meetings, the Head of the State, the Senior General promulgated the Myanmar Constitution 2008. It had been written by the sham national convention which took  14 and a half years. Now we will look at the details of that Myanmar Constitution 2008 and see how it is serving the military government.

First of all, let’s look at Chapter 1, the Basic Principles of the Union. Because the principles govern all the following articles in the Constitution 2008. Articles 1 to 5 mention what the Union is. And articles 6 to 48 are the Basic Principles.

The first principle which explicitly favours the military is Article 6 (f). It says: “The Union’s consistent objectives are: enabling the Defence Services to be able to participate in the National political leadership role of the State”.

And another undemocratic principle is Article 14 which states “The Union Parliament, Region and State Parliament include the Defence Services personnel as representatives nominated by the Commander-in-Chief of the Defence Services”.

And the third worst principle which gives executive powers to the military personnel is Article 17(b). It says “In the executive of the Union, Regions, States, Union Territory, Self-Administered Areas and districts, Defence Services personnel, nominated by the Commander-in-Chief of the Defence Services to undertake responsibilities of the defence, security, border administration”.

The fourth worst Article is Article 40 (a) (b) (c) which give Constitutional rights to the military to stage a coup.

Article 40 (a) states “If there arises a state of emergency, Region or a State or a Self-Administered Area, the President is empowered to exercise executive power in that Region, State or Self-Administered Area and, if necessary in doing so, the President is empowered to exercise legislative powers concerning that Region, State or Self-Administered Area in accord with the provisions of this Constitution.”

Article 40 (b) states “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 to prevent that danger and provide protection.”

Article 40 (c) states “If there arises a state of emergency, 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.”

The follow-up articles which were written in line with these principles are:

In Article (109), People’s Parliament is formed with 440 representatives. Of all the 440, 330 are elected representatives and 110 are Defence Services personnel nominated by the Commander-in-Chief of the Defence Services. This article allows military personnel to be nominated by the Commander-in-Chief. The total number of military personnal is 25% of all the representatives.

In Article (141), National Parliament is formed with 224 representatives. Of all the 224, 168 are elected representatives and 56 are Defence Services personnel nominated by the Commander-in-Chief of the Defence Services. The total number of military personnel is also 25% of all the representatives. 

In both the People’s Parliament and the National Parliament which is called Union Parliament, 25% of the representatives are Defence Services personnel. It directly effects the amendment of the Constitution. Because in article 436, all the important articles are allowed to amend with the approval of more than 75% of the representatives.  In addition to that, more than half of the votes of the eligible voters in the National Referendum are required. For the less important articles, the approval of more than 75% of the representatives is required.

Because in the Union Parliament, 25% of the representatives are Defence Services personnel, it is impossible to amend the Constitution unless Defence Services personnel in the Parliament give approval. It means if the Commander-in-Chief does not give approval to amend the Constitution, it can never be amended. Because all Defence Services personnel in the Union Parliament shall obey the orders of the Commander-in-Chief who nominated them to be the representatives.

To exacerbate the problem, military backup Union Solidarity and Development Party won the majority of the Parliamentary seats in the 2010 General Election. The military government had used all possible tricks to win their pro-military party. Of all the 664 representatives in the Union Parliament, 388 are from the USDP. It makes more than 58% of the Union Parliament. Adding the Defence Services personnel and the USDP representatives, more than 83% of all the representatives are pro-military representatives. As a result, to amend this Constitution 2008 is NOT possible and the present military regime will govern the country under the name of democratic government.

Now I will continue my Second Part of the Myanmar Constitution Critic very shortly. Bye for now.

Hello everybody! I would like to continue on my Part Two of Myanmar Constitution 2008 Critic.

Now let’s look at Article (161) for the formation of Region and State Parliaments.

This Article allows Commander-in-Chief of the Defence Services to appoint Defence Services personnel in the Region and State Parliaments. The number is one-third of the total number of representatives. 

To sum up, in the National Parliament, People’s Parliament and the Region and State Parliaments, Defence Services personnel are given parliamentary seats together with the elected representatives. In all democratic Constitutions, it can never be found.

The division of Civil Services Personnel and the Defence Services Personnel is written in Article (121).
 

It states a list of persons who are not entitled to be elected as the representatives of People’s Parliament with the proviso of Defence Services personnel in Article 121(j). It means Defence Services personnel can be selected and appointed as representatives of People’s Parliament. And now in the Parliament, they have been given parliamentary seats.

We will now scrutinize over the declaration on a state of emergency, particularly in the areas of how the President has to dance in accord with the tune of his puppet master, the military. 

Article 410 says “the president may declare a state of emergency after coordinating with National Defence and Security Council in a Region or a State or a Union territory or a Self-Administered Area if the administrative functions cannot be carried out.” 

And in Article 412(a), it states, “the president may declare a state of emergency after coordinating with National Defence and Security Council in a Region or a State or a Union territory or a Self-Administered Area if lives, shelter and property of the public in that area are endangered.”

And also in Article 412(b), it states, “if all the members of National Defence and Security Council are unable to attend, the president may declare a State of Emergency after coordinating with Commander-in-Chief of the Defence Services, Deputy Commander-in-Chief, Minister for Defence and Minister for Home Affairs.”  

And Article 417 says: “if there is sufficient reason for a state of emergency to arise, the president may, after coordinating with National Defence and Security Council, declare a state of emergency the entire Nation and the specified duration is one year.”

Those Articles: Article 410, 412(a), 412(b), and 417 are all about the declaring of a state of emergency. However, for the entire nation, a Region or a State or a Union territory or even for a Self-Administered Area, to declare a state of emergency, the President can declare only after coordinating with the NDSC.

We therefore should look at how National Defence and Security Council which plays the most vital role in the Constitution 2008 is formed.

Article (201) specifies Formation of the National Defence and Security Council, NDSC, and it states: “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 People’s Parliament;
(e) Speaker of the National Parliament;
(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.

If we look at the currently selected persons in the Parliament;

President is Thein Sein who is the ex-General.

The first Vice-President is Tin Aung Myint Oo who is the ex-General.

The second Vice-President is Sai Mauk Kham @ Maung Ohn. He is from the military back-up Union Solidarity and Development Party.  

Article (59) prescribes the qualification of the President and Vice Presidents and (59)(d) is written as: “President and Vice Presidents shall be well acquainted with the affairs of the Union such as political, administrative, economic and military;” It means they must be military personnel or ex-military personnel. Only these people are eligible to hold the presidential office.

Thein Sein and Tin Aung Myint Oo are ex-army Generals. Another elected Vice President; Sai Mauk Kham @ Maung Oham is a Physician by profession. He was not elected in line with Article (59) (d). It means the puppet master has the right to choose whoever he thinks is fit to serve the military without consulting with the Constitution 2008.

Speaker  of the People’s Parliament is Shwe Mann who is the ex-General.

Speaker of the National Parliament is Khin Aung Myint who is the ex-Major General.

Commander-in-Chief of the Defence Services is eventually from the military.

Deputy Commander-in-Chief of the Defence Services is eventually from the military.

Minister for Defence is Major General Hla Min.

Minister for Foreign Affairs is Wunna Maung Lwin. He is also ex-military services personnel. He was from the 16^th intake of Defence Services Academy.

Minister for Home Affairs is Lt.Gen Ko Ko.

Minister for Border Affairs is Major General Thein Htay.

To sum up, 10 members out of 11 are military personnel or ex-military personnel and one is from the pro-military party, Union Solidarity and Development Party. It means the entire nation is again under the military government.

To enhance the power of the National Defence and Security Council, the following Articles are also prescribed.

Article 427 (a) says “The National Defence and Security Council exercises the powers of the legislature, executive and judiciary before the Assemblies are formed”

In Article 427 (b), “The National Defence and Security Council has the right to exercise the sovereign power until the new President has been elected and the Union level administrative bodies have been formed”

In Article 428, “The National Defence and Security Council shall form and assign duties to different levels of administrative bodies, the Self-Administered Division Leading Bodies”.

And in Article 429, “The National Defence and Security Council shall hold the general election within duration of six months commencing from the day on which the ordinance is annulled under Section 426.”

I will continue my Final and Part Three of Myanmar Constitution 2008 Critic very shortly. Bye for now.

Hello everybody! Now I would like to continue on my Final and Part Three of Myanmar Constitution 2008 Critic.

Now let’s look at the powers of Commander-in-Chief of the Defence Services in a state of emergency.

Article 413(b) says: “The President may declare a military administrative order and conferred the executive powers, the judicial powers, duties concerning community peace and tranquillity and prevalence of law and order on the Commander-in-Chief. 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”.

And in Article 418(a), “in the declaration of a state of emergency, president shall declare the transferring of legislative, executive and judicial powers to the Commander-in-Chief of the Defence Services and all assemblies will be suspended and dissolved automatically.” 

Article 419 says: “During a state of emergency, the Commander-in-Chief of the Defence Services may exercise the legislative power, executive power and judicial power. The legislative power may be exercised 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.” Therefore the Sovereign Power of the State: Legislature, Executive and Judiciary will be conferred on the Commander-in-Chief of the Defence Services during a state of emergency.

Article 420 says: “The Commander-in-Chief of the Defence Services may, during a state of emergency, restrict or suspend the fundamental rights of the citizens”. Therefore the Commander-in-Chief can restricts the rights of the citizens as he likes during a state of emergency.

Worst of all, Article 432 says, “during a state of emergency, all measures taken by the official are valid. No legal action shall be taken on such legitimate measures”.

With all these Articles: Article 413(b), 418(a), 419, 420, 432, Commander-in-Chief of the Defence Services is given the sovereign power of the State by the Constitution. He is even given the Constitutional right to restrict the rights of the citizens and the criminal acts of he and his officials are regarded as legitimate measures during a state of emergency.

We can now come to a conclusion that the National Defence and Security Council is the most powerful as a team and the Commander-in-Chief of the Defence Services is the most powerful as a person in accord with the Myanmar Constitution 2008.

We will now continue on looking at the Articles which are also derived from the Basic Principles.

In Article 232 (b)(ii)  “ In order to appoint the Union Ministers for Ministries of Defence, Home Affairs and Border Affairs, the President shall obtain a list of suitable Defence Services personnel nominated by the Commander-in-Chief of the Defence Services.” 

Again in Article 234 (b), “ to appoint the Deputy Ministers for Ministries of Defence, Home Affairs and Border Affairs, the President shall have the list of suitable Defence Services personnel nominated by the Commander-in-Chief of the Defence Services.”

Therefore, Ministers and Deputy Ministers for Defence, Home Affairs and Border Affairs will be military personnel in accord with the Myanmar Constitution 2008. 

In addition to these, Article 232 (b) (iii) and Article 234 (c) give opportunities to the President to appoint military personnel as Union ministers and deputy Union ministers to other ministries. 

These Articles are also extended by the Articles 262 (a)(ii) and 262(j). They say: Chief Minister of the Regions and States shall request suitable military personnel for Security and Border affairs responsibilities from the Commander-in-Chief of the Defence Services.  

Article 262 (j) also says: “ The Chief Minister of the Region or State can request military personnel from the Commander-in-Chief of Defence Services for other ministries of Regions or States.”

And the Constitution 2008 will not disregard the Self-Administered Division/Zone in terms of the key roles of military personnel.

Article 276 (d) (ii) says: “Defence Services personnel nominated by the Commander-in-Chief of the Defence Services shall be assigned duties relating to Security or Border Affairs in the leading bodies of those divisions or zones.”

Again in Article 276 (i), “Commander-in-Chief of the Defence Services shall assign duties to the one-fourth of the total number of members with the Defence Services personnel in the Leading Bodies of the Self-Administered Division/Zone.”

Therefore, it can clearly be seen that at the Union Level, Region or State Level and the Self-Administered Division or Zone Level, military personnel will take all the key roles in accord with the Constitution 2008. It is only the military regime that will rule the entire nation.

And now I would like to point out other Basic Principles which were written for the benefits of the military.

Article 20(b) says “The Defence Services has the right to independently administer and adjudicate all affairs of the armed forces.” It means the Union Parliament is not given the right to administer the affairs of the armed forces. A sham Parliament and the puppet Parliamentary representatives are obviously useless.

In Article 20(d), it says “The Defence Services has the right to administer for the participation of the entire people in the Union security and defence.” Therefore if the military wants to recruit soldiers, it does not need to consult with any administrative body nor to submit the proposal to the Parliament.

Article 20 (f) says: “The Defence Services is mainly responsible for safeguarding the Constitution.” This Article allows the military to keep this Constitution as long as they want.

There is a huge difference between Civil Services personnel and the Defence Services personnel.

In Article 26 (a), it is written: “Civil Services personnel shall be free from party politics.” But in line with Article 121 (j), Defence Services personnel are entitled to be elected as the representatives of People’s Parliament. 

Again Article 232 (j)(i) says: “Civil Services personnel shall retire if selected as a Union Minister.” But for the military personnel, Article 232 (j)(ii) says: “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”.

Article 32 (b) also gives privilege to the military personnel. It says, “The Union shall ensure disabled ex-Defence Services personnel a decent living and free vocational training.”

The rights of the citizens are restricted in Article 34 of the Basic Principles of the Union.

Article 34 says: “Every citizen is equally entitled to freedom of conscience and the right to freely profess and practise religion subject to public order, morality or health and to the other provisions of this Constitution.” The rights given are subject to many other things. There are no absolute human rights as are given in the Universal Declaration of Human Rights (1948) and in the European Convention on Human Rights (1953 ).

I therefore would like to say Myanmar Constitution 2008 the worst and the most bias written Constitution on earth. It is only to make the military regime legitimate government. And almost all the parliamentary representatives are puppets of the current military regime.

I believe you enjoy all of my Myanmar Constitution 2008 Critic. Thank you for all the supports you have given for the prevalence of Democracy in Myanmar (Burma).

Boycott PUPPET PARLIAMENT held on January 31, 2011 Post

Honorable Prime Minister Mr. David Cameron

Prime Minister's Office,

10 Downing Street, London, SW1A 2AA

Dear Prime Minister,

We are Burmese students and dissidents residing and studying in the United Kingdom.

Today, the ruling military junta in Burma headed by Than Shwe has RIGGED and STOLEN the elections held in Burma on November 7, 2010, as worldwide known via advanced votes, stuffed votes, vote rigging not to mention intimidation, coercion etc.

And Daw Aung San Suu Kyi and her party the National League for Democracy (NLD) singled out and sidelined from the political process strengthened the fact Than Shwe held elections are NOT ALL INCLUSIVE, much less lend CREDIBILITY nor CREDENCE for that matter also.

For a fact also, NLD has secured 82% of the votes in the polls held on May 27, 1990, and the results are still remaining to be HONORED as RECOGNIZED already by the international community since day one.

The military dominated constitution forced endorsed in the middle of the Cyclone Nargis that wreaked havoc in the Delta Region of Burma in May 2008 is no less than an instrument and tool only to entrench further military rule under the guise of a civilian one in Burma. And the Commander-in-Chief of the Armed Forces of Burma presiding over the so-called National Defense and Security Council and given absolute power further evidenced the military’s ploy to monopolize the country’s sovereignty and political power no less.

With a view to enshrine his military dominated constitution Than Shwe has engineered the November 7^th elections for his proxy party the Union Solidarity and Development Party (USDP) to come out winners and continue to hang onto power and ill-gotten wealth no doubt.

Than Shwe is poised to convene a parliament with his representatives – mostly ex-military officers  - wearing civilian attire with a view to enshrine the military role in the future politics of Burma, while hoodwinking the global community at the same time on January 31, 2011.

Suffice to say it is only a PUPPET PARLIAMENT in lieu of the laws and bylaws publicized recently to gagg and stifle the elected representatives from expressing their views and opinions much less discussing the affairs of the country and seeking remedies and solutions to rectify the problems and resolve the issues at hand even before the parliament has commenced and in session. Hence, it is only a GAGGED PARLIAMENT as well no less.

And this parliament will give birth to a ruling body comprising of ex-military personnel to run the country unchallenged and unopposed with a view to establish a dynasty – PARLIAMENTARY DICTATORSHIP  – in place of the former military one.

Recently publicized NATIONAL DRAFT LAW (Conscription Law) also augurs ill for the future of the people and the country as well, given the fact it would only reinforce and invigorate the already rising tension and dangerous situation in Burma – CIVIL WAR - where the armed ethnic groups and others are at logger heads with Than Shwe’s hordes today with respect to the Border Guard Force program, a ploy only to corral the ethnic armed groups under Than Shwe’s command and boots as well.

Moreover, the publication of Conscription Law at this time and juncture while the country is in dire straits – political deadlock and social injustices as prevailing not to mention economy in tatters at the point of collapse -  is uncalled for much less unwarranted. Moreover, Burma is in no apparent danger of invasion by its neighbors much less other powers at this moment as well.

And, Than Shwe has no right or reason to hold the November 7^th elections in lieu of the results of the 1990 elections still in place and remaining to be honored and as recognized by the UN and the global community since day one.

In this respect and fact, the outcome of the November 7^th elections should be deemed NULL and VOID, more so for vote rigging, stuffing, advanced vote adding, lacking in international or relevant monitoring not to mention sidelining Daw Aung Aung San Suu Kyi and NLD from the political process and lacking in transparency and inclusiveness no less.

And convening the puppet parliament with selected not elected representatives as well should not be given relevance and recognition much less legitimacy for that matter as well due to the representatives already GAGGED and STIFLED since day one even before taking their seats.

In this view and light we, the undersigned on behalf of the people of Burma, strongly urge you to DECLARE in all certain terms the PUPPET PARLIAMENT to be held on January 31, 2011, at Napyidaw, Burma, by Than Shwe led military junta would not be given RECOGNITION and the ruling body emerging out of the puppet parliament as well deserved NO LEGITIMACY.

London

United Kingdom

January 28, 2011

63rd Anniversary of Burma’s Independence Day Post

Honourable Prime Minister Mr. David Cameron

Prime Minister’s Office

10 Downing Street, London, SW1A 2AA

January 04, 2011

Dear Mr Prime Minister,

On this day 63 years ago Burma rook its rightful place amongst nations on earth as a free and sovereign state and enjoyed peace, freedom and democracy.

However, Burma lost its hard earned tranquillity and freedom to its own military led by the late dictator Ne Win then heading the Burma Army who seized the power of the country on March 2, 1962, in the midst of a constitutional crisis when ethnic Shan mainly, pressed for autonomy. Then Prime Minister U Nu led democratically elected government was thrown into prison by Ne Win led so-called Revolutionary Council and Burma went under the military boot.

Ne Win shed his uniform for civilian attire in 1975, hoodwinked the people of Burma and the international community with his Burma Socialist Program Party (BSPP) ruled until 1988.

Popular Nationwide uprisings for freedom and democracy erupted on August 8, 1988 and ended Ne Win’s 14 year BSPP rule.

However, a military oligarchy dubbed the State Law and Order Restoration Council (SLORC) seized the power of the country on September 18, 1988, killing thousands of people and promised civilian rule in the wake of the multi-party elections to be held on May 27, 1990.

Daw Aung San Suu Kyi led National League for Democracy (NLD) won a landslide (82%) victory. But the SLORC refused to honour the election results until today.

Than Shwe heading today’s State Peace and Development Council (SPDC) replaced Saw Maung as head of SLORC in 1992.

The so-dubbed National Convention under the auspices of Than Shwe led SLORC convened on January 9, 1993m with a view to drafting a future constitution of Burma ; the primary ploy in this matter was to replace the results of the 1990 election results with the outcome of the National Convention. The National Convention thus tasked with producing detailed principles for a new constitution, fundamentally flawed and inherently illegitimate process at best, turned out to be a ploy just to formalized and continue military rule in Burma under the guise of a civilian one only.

“The only outcome in Burma will be increased militarization armed conflict and chaos,” predicted U Khun Mar Ko Ban, elected MP and former National Convention representitive from the Democratic Organization for Kayan National Unity, Who participated in the National Concention and escaped to the Burma- Thiland Borders.

On Auguest 30, 2003, then Military Prime Minister of Burma Khin Nyunt unveiled the so-called  7 Step Road Map to Democracy, for further camouflaged continued military rule only.

The Inter-Paliamentary Union, the world most authoritative body on paliaments and constitutions, dismissed the National Convention as a device to frustrate the democratic process. And at its October 2003 session extended assessed the ‘roadmap’ as only reaffirming the military’s conviction and the National Convention is designed to prolong and legilimized military rule against the will of the prople, expressed in the 1990 elections, and thus directly contradicting the principle enshrined in theUniversal Declaration of Human Rights that the  “will of the prople shall be the basis of the authority of governmnet” .

On November 03, 2005, Hkun Htun OO, Chairman of the Shan Nationalities League for Democracy (SNLD) was sentenced to 90 years in prision and Sai Nyunt Lwin, General Secretary received an 85 year setence. Shan State Peace Council Chairman (SSPC) Gen Hso Ten was sentenced to 106 years. Other six Shan Leaders were all given 70- years sentences each for expressing their views on the sham convention and constitution drawing process and procedures.

Finally, the military drafted constitution was forced endorsed in a referendum i n the midest of the Cyclone Nargis  - 130, 000 people killed and more than two million rendered homeless – in May 2008 with 92% of the people endorsing the constitution according to the military.

The constitution endowed the New National Defense and Security Council the absolute power to run the country and allowed 25% of the seats in the parliment reserved for military personnel.

Hence, calls for amendments i n the constitution and others would be IMPOSSIBLE in the military run parliament no doubt.

On November 07, 2010, Than Shwe carefully ochestrated and engineered and election and secured 77.6% of the votes, which the prople of Burma and the global community HOWLED in UNISON, as FOUL – rigged and crafted to the last details – and for sidelining the NLD and Daw Aung San Suu Kyi from the political process, in addition to lacking in transparency as well.

And the Border Guard Force program is only a ruse to corner armed ethnic groups in the rank and file of the Burma Army under the command of the Burmese military only; hence enthic armed groups KIO, KNU, KNPP, NMSP etc, balked at the idea and anticipating attacks by Than Shwe’s hordes at any time in the future.

Hence, on this day while marking the 63rd anniversary of Burma’s independence day we urged the United Kingdom government to declare in all certain terms that November 7th elections are not fair and just , much less all inclusive mainly for preempting the participation of NLD and its leader Daw Aung San Suu Kyi in the political process.

Moreover and specifically, the elections are held in an atmosphere of coercion, vote rigging and advance voting, and lacking in relevant supervision specifically absence of international monitors during voting process and times as well, added much credence to that fact – Than Shwe has STOLEN the elections no doubt.

In this view and light we earnestly urge you to declare the November 7th elections held in Burma would not be given recognition much less legitimacy by HER MYJESTRY’S GOVERNMENT of the UNITED KINGDOM in lacking in fairness, level field, transparency and employing vote rigging as well not to mention lacking in ALL INCLUSIVENESS for sidelining NLD and its leader Daw Aung San Suu Kyi from the political process no less.

Tin Thu Zar Swe (Miss)

Action Planning Committee

No. 75 Summit Estate,

Portland Avenue,

Hackney

London.

N16 6EX

January 4, 2011

ANTI-DICTATORSHIP, PEOPLE'S FREEDOM MOVEMENT IN BURMA

ANTI-DICTATORSHIP, PEOPLE'S FREEDOM MOVEMENT IN BURMA

(London, Great Britain)
Global Action, Aung San Suu Kyi Awareness Campaign
 
Honorable Prime Minister Mr. David Cameron
Prime Minister's Office,
10 Downing Street, London, SW1A 2AA
 
Dear Mr. Prime Minister,
 
We are Burmese students and activists calling London, Great Britain, home today.
At present, we are based in London and campaigning under the banner - ANTI-DICTATORSHIP, PEOPLE'S FREEDOM MOVEMENT IN BURMA (London, Great Britain) - showing displeasure on and waging political defiance against military rule in Burma in front of the Burmese military regime's embassy in London.
First and foremost, we hereby expressed our profound gratitude on the Prime Minister for his confirmation - continue to press for change in Burma as a key part in his foreign policy.
And Foreign Secretary, William Hague saying "continued detention of more than 2,100 other political prisoners in Burma contravenes international human rights law and urging the military regime to release all political prisoners immediately and unconditionally" earned our appreciation no less.
The Burmese military regime led by Than Shwe has successfully stolen the elections - crafted, engineered and executed as well - in favor of its proxy party (Union Solidarity and Development Party) securing nearly 80% of the seats in the parliament last November 7th; many Western governments cited the election as neither free nor fair, much less all inclusive nor transparent at the least.
Hence and most disastrously as well Than Shwe heading the ruling military junta in Burma is now in a position to enshrine his 2008 military dominated constitution to further entrench military rule in Burma under a civilian guise of course and hoodwink the global community.
At this juncture, we take this opportunity to point out the fact Than Shwe's constitution would not lead to an ultimate civilian rule in future as some believed; hence, waiting to deal with the post-election ruling body emerging out of the sham elections like the European Union led by Germany, China, India and ASEAN countries as well.
The fact that the existence of so-called National Defense and Security Council holding absolute power, the President vested with clout to disband the parliament at his whim, not to mention 25% of the seats reserved for military personnel in the parliament and lately a decree signed by Than Shwe himself threatening to imprison any member of parliament who tried to make a move to amend the constitution summed up all, certainly strengthening the fact and belief the ruling military junta has no will nor desire to change for the better much less pave the way for a representative rule in Burma.
And Min Ko Naing and his colleagues of the 8888 Student Generation still languishing in the dingy cells of various prisons in Burma without proper medical care and attention until today despite the global community calls for their release from unlawful and unjust detention, further added much credence to the fact.
Than Shwe's handpicked Election Commission headed by an ex-military officer also is instrumental in adding much impact on the ploy; sidelining the National League for Democracy (NLD) party led by its charismatic and most popular leader Daw Aung San Suu Kyi (1991 Nobel Peace Laureate) which won the 1990 elections by a landslide (82%) victory and prior to holding the elections as well; the ruling military ignored the election results until today but is replacing it with its ill-gotten election results as worldwide known today.
And Daw Aung San Suu Kyi winning her freedom - much gratitude for your substantial part for that matter as well - only a week in the wake of the conclusion of the 2010 farce (election) also was well orchestrated since day one no doubt.
And United Nations Secretary General pulling his legs in Burma's case, draw the line - press for definitive and decisive position against Burma's  generals - and failing to secure any hope or prospect out of the elections for the better on his part as well has served no purpose much less change the current political landscape of the military ruled country.
Requiring 75% majority to change the constitution is another point in case, impossible for any democratic reform in Parliament other than assure military supremacy in the system and country no doubt; the constitution stipulates 25% of the parliamentary seats reserved for military personnel and the military proxy part (Union Solidarity and Development Party) has just stolen the election by a landslide (80%) victory.
The Parliament in fact as well is largely powerless as the military remaining a dominant institution in reality; the power rests with the President, the Commander in Chief and the New National Defense and Security Council, all personnel from the military.
Hence, the post - election system as crafted and engineered by Than Shwe and his lot is just plain unfair, unjust and certainly undemocratic, subject to change only with the tacit approval of the military, next to impossible in military ruled Burma as well.
And the people of Burma would continue to suffer severe deprivations and human rights abuses - rape, torture, executions and acts constituting war crimes and crimes against humanity - in future and no less.
It is apparent the Parliament could not serve as forum for any genuine democratic change in Burma without the military agreeing to changes.
The United Nations Security Council, United Nations General Assembly, United Nations Human Rights Council, United Nations Secretary General, European Union, ASEAN and USA have stated the only way to bring genuine change in Burma is via a DIALOGUE between the NLD, genuine ethnic representatives, and the military dictatorship the ONLY ANSWER for national reconciliation and peaceful transition to democracy in Burma.
Hence, a determined UN-led effort in this direction - a dialogue - with strong backing from world leaders and the United Nations Security Council no less - would certainly augur well and pack much greater and faster prospects in bringing change in Burma than accepting the 2010 fake election results at their face value and waiting to recognize and lend legitimacy on the post-election ruling body, certain to bring further chaos and woes in the country.
In this view, we earnestly urge you to declare the outcome of the 2010 elections NULL and VOID and refuse recognition, much less render legitimacy on the emerging ruling body in Burma for lacking in inclusiveness and transparency to say the least.
And your active and substantial part in pushing the UN chief to put his maximum weight behind UN led efforts to affect a meaningful DIALOGUE - Daw Aung San Suu Kyi's persistent call since day one until today - would be greatly appreciated and immensely helpful in restoring freedom and democracy and hasten the debut of a representative rule in Burma of course.
And you voice and substantial part in calling for release of Min Ko Naing, his colleagues (8888 Generation Students) and more than 2200 political prisoners would serve better in Burma's cause for freedom and democracy and command much appreciation of the people of Burma as well.
Lastly and most importantly as well, while taking this opportunity we cite Daw Aung San Suu Kyi's personal security and safety are in present and clear danger, given the fact she has been subjected to an assassination attempt back in 2003; a repeat in this case could be in order, if caution is thrown to the winds lest you forget.
 
Tin Thu Zar Swe (Miss)
Action Planning Committee
London
December 16, 2010