Burma: United Nations Security Council (UNSC) Must Declare Burmese Junta’s 2008 Constitution as NULL and VOID

Burma: United Nations Security Council (UNSC) Must Declare Burmese
Junta’s 2008 Constitution as NULL and VOID

26 January 2010

Global Action for Burma (GAB) today calls for United Nations Security Council (UNSC) to declare the unilaterally adopted Burmese junta's 2008 sham constitution, which is designed to legitimize military rule permanently in Burma, as NULL and VOID.

The very junta who is ruling the country held the election in 1990 in which Aung San Suu Kyi’s party, National League for Democracy (NLD) won landslide victory but until now the results are still yet to be honored. Instead of honoring the elections of 1990 results, junta drafted the constitution unilaterally which legitimize the military rule in Burma and now again planning to hold sham election in 2010.

Aung San Suu Kyi and her party the National League for Democracy (NLD), the unanimous victors of the 1990 election, clearly stated their position in the “Shwe- Gone-Dine” Declaration that need to place in order to have true national reconciliation i.e. to Review 2008 Constitution and to recognize 1990 election result.

Junta has been ignoring the voices people of Burma and going ahead unilaterally to entrench military dictatorship in Burma permanently. The junta’s planned 2010 election is only a charade designed to legitimize the military dictatorship within Burma.

Before we could possible address the junta’s proposed 2010 election we must address the validity of the recently adapted constitution. Drafted by the junta, this document is far from credible or constitutional. Free, fair and all inclusive is not what this document represents.

The International Community should be aware of the hopelessly irreconcilable contents of the constitution that was adopted in 2008. The referendum was ushered into existence under questionable conditions including extortion and rigged ballots.

We would like to draw particular attention on these points:

1. The Junta gave itself amnesty from the crimes against humanity it has perpetrated throughout Burma during their reign of terror.
2. The Military regime systematically took 25% of the parliamentary seats. The military commander in chief was also given absolute authority to dissolve the parliament at any time effectively neutralizing the voice of the people.

Giving the military junta 25% of the parliamentary seats, unbridled authoritarian control and a self serving amnesty for the crimes against humanity were truly not the will of the Burmese people. Legitimizing the criminal regime was also not the will of the people and this is incomprehensible and totally unacceptable to the Burmese people.

The essence of the 2008 Constitution is to guarantee impunity indefinitely and the 2010 election will implement it. Therefore, we call for United Nations Security Council (UNSC) to declare the unilaterally adopted Burmese junta's 2008 sham constitution, which is designed to legitimize military rule permanently in Burma, as NULL and VOID.

Notes to Editor:

It is reasonable to request the nullification of the 2008 Constitution by the UN Security Council. Precedence for such a move can be found in UNSC Resolution 554 regarding South Africa’s 1983 apartheid-entrenching constitution1.

1UNSC Res 554 (15 November 1983) UN Doc A/RES/38/11.

1. UNSC declares that the so-called "new constitution" is contrary to the principles of the Charter of the United Nations, that the results of the referendum of 2 November 1983 are of no validity whatsoever and that the enforcement of the "new constitution" will further aggravate the already explosive situation prevailing inside apartheid South Africa.

2. Strongly rejects and declares as null and void the so-called "new constitution" and the "elections" to be organized in the current month of August for the "colored" people and people of Asian origin as well as all insidious maneuvers by the racist minority regime of South Africa further to entrench white minority rule and apartheid.

For more information, please contact:

Mr. Myo Thein, Global Action for Burma (+44) 208 493 9137
Col. Sai Myo Win Htun, Global Action for Burma (+66) 835 82 3490
Mr. Ko Ko Aung, Global Action for Burma (+81) 090 1506 2893
Mr. Htun Htun, Global Action for Burma (+1) 501 334 9997
Mr. Sai, Global Action for Burma (+1) 510 415 2289