Burmese Electorate Still Waits to See Constitution Text

The Irrawaddy

Just weeks before the planned May referendum on the proposed new constitution, the Burmese electorate has still not been issued with the text of the document, although photocopies and electronic versions are secretly circulating among journalists, senior government officials and diplomats in Rangoon.

Information about the referendum is notably absent in ethnic areas, where people are being offered temporary citizen identity cards and urged to vote “Yes.”

According to the text of the 194-page draft constitution obtained by The Irrawaddy, some minority rights are guaranteed. In Chapter II, titled "The State Structure," the draft document states that Burma is composed of seven states—Kachin, Kayeh, Kayin, Chin, Mon, Rakhine and Shan—and seven regions: Yangon, Mandalay, Ayeyawaddy, Sagaing, Taninthayi, Bago and Magway.

"Self-administered" zones and divisions are listed in some regions and states—Naga in Sagaing region, Danu, Pa-O, Palaung, Kokang and Wa in Shan state.

The draft constitution speaks of a parliament, called Pyidaungsu Hluttaw (Union Assembly), comprises two chambers: Pyithu Hluttaw (People's Assembly), composed of representatives elected on the basis of population and army representatives, and Amyotha Hluttaw (National Assembly), comprising representatives of different states, regions and of the armed forces.

The military has a quota of 110 out of 440 seats in the People's Assembly and 56 of the 224 seats in the National Assembly. The constitution legitimizes a military takeover in the event of an emergency. It would empower the president to transfer legislative, executive and judicial powers to the military’s commander in chief for a year if a state of emergency arises.

Observers say that, taking advantage of a lack of unity and of the internal rift among ethnic rebel groups, the military wants to see if it can pressure them to lay down their arms and turn them into local security forces.

Khun Sai, of the Thailand-based Shan Herald Agency for News, said that Burma’s regime is stepping up its efforts to persuade armed ethnic groups to disarm and to form political parties so they can run in the general election planned for 2010.

In February, two senior leaders of the ruling junta, Maj-Gen Khin Aung Myint, Minister for Culture, and Lt-Gen Ye Myint, head of Military Affairs Security, visited the Burma-China border, where they held talks with Wa, Kachin, Shan and Kokang armed insurgent groups. They reportedly asked the ethnic leaders to disarm their armies.

So far, there has been no immediate reply from the ceasefire groups, who have also refrained from comment on the draft constitution.

Aung Kyaw Zaw, China-Burma border-based political analyst, said there appeared to be three factions among the ethnic ceasefire groups: the octogenarian leaders who want to retire from the politics; others who want to maintain their business interests and "good relations" with the junta; and officers who want to prepare their troops to be ready to fight against the Burmese army if necessary.

Recently, Gen Aung Naing, the aging army chief of the Thai-Burmese border-based ethnic Mon ceasefire group, the New Mon State Party (NMSP), visited Rangoon for disarmament talks with the Burmese military government, according to Mon sources.