One aspect of the National Convention (NC) I have not seen widely discussed
is the Detailed Basic Principles (DBPs).
Step 3 of Gen. Khin Nyunt's "roadmap" is
"Drafting of a new constitution in accordance with basic principles and
detailed basic principles [emphasis added] laid
down by the National Convention".
Discussion critical of the "roadmap" has so far focussed largely on the "6 Objectives",
especially the 6th one on continued military dominance of the political life of
the country, the basic principles (the "104 principles") and
procedure, but has generally neglected the DBPs.
The "6 Objectives" constitute the main goals to be achieved by the
NC, while the 104 Principles are the next step, the basic elements -- the
skeleton, if you like -- of a new constitution. The DBP's,
which have been fleshed out and completed, however, are so detailed as to
leave no room for further drafting. In effect they constitute draft chapters of
a new constitution, which should be a matter of major concern to those who
think that the elected representatives should have a meaningful input into any
new constitution.
Drafting the DBPs was the principal activity of
the NC from January 1994 to its suspension in April 1996 (the "6
Objectives" were announced in SLORC Order 13/92 of 2 October 1992, more
than 3 months before the beginning of the NC, and the 104 principles were
issued on 16 September 1993). The DBPs which have
been completed make up 6 (or 7) chapters of a 15-item agenda:
1. State fundamental principles
2. State Structure
3. Head of State
4. Legislature
5. Executive
6. Judiciary
7. Tatmadaw
8. Citizens and their fundamental rights and duties
9. Election
10. Political parties
11. Provisions on state of emergency
12. Amendment of the Constitution
13. State flag, State seal, national anthem and the
capital
14. Transitory provisions and
15. General provisions
Of these, the chapters on State fundamental principles, State Structure, Head
of State, Legislature, Executive, Judiciary, plus
DBPs on Self-Administered Areas have already been
completed.
If, as the SPDC appears to be saying, the NC will resume where it left off in
1996, these completed chapters will remain intact. Since they include the
State, the Legislature, the Executive and the Judiciary, this means that the
most important areas of a new constitution have already been decided and cannot
be changed (don't hold your breath for the provisions on Amendment of the
Constitution).
Those who would like to know what is in these chapters should go to http://www.burmalibrary.org/show.php?cat=1145&lo=d&sl=0
for the full texts.
Those who would like to go further and compare the language of the completed
chapters with the statements to the NC plenary sessions of the various
delegates should look at the NC proceedings as reported by "The Working
People's Daily" and "The New Light of Myanmar" (January 1993 to
April 1996) at http://www.burmalibrary.org/show.php?cat=1314&lo=d&sl=0
The full views of the delegates cannot, of course, be read in these
WPD/NLM reports, since all statements to the NC Plenary were vetted and
censored to exclude any views unacceptable to the military-dominated committees
which ran (and, presumably, will continue to run) the NC.
Those who would like to contribute to our understanding of the full views of
delegates to the NC should send the texts of the full, uncensored statements of
the NLD and other NC participants (plus any other relevant material not already
in the Online Burma/Myanmar Library at http://www.burmalibrary.org
) to David Arnott at [email protected] or hard copy for scanning
to 85, Rue de Montbrillant, 1202 Geneva,
Switzerland so that I can put them in the Online Burma/Myanmar Library.
The NC Committees
The role and functioning of the National Convention Convening Commission,
Work Committee and Management Committee is another area that deserves greater
attention, since in the NC, this is where the power lies. But that is for
another day.
Who will wield the rubber stamp/actually draft the new constitution?
1) The National Convention?
2) The elected representatives?
3) A committee of "experts"?
Underlying much of the discussion are conflicting views on who should (or will)
actually form the Constituent Assembly to draft the new constitution, once the
principles have been drafted by the NC. According to Declaration 1/90,
delivered by Gen. Khin Nyunt on 27 July 1990, which delegates were
required to sign on to and which constitutes a notably authoritative
pronouncement, "the representatives elected by the people are those
who have the responsibility to draw up the constitution of the future
democratic State". This was repeated in subsequent military statements.
The NC was never announced as a constituent assembly, though some commentators
have referred to it as drafting a new constitution. The 7-step
"roadmap", however, places the drafting of a new constitution outside
the NC , as one of the steps to be taken
"After the successful holding of the National Convention" (step 2 of
the 7-step "roadmap").
If not the NC, then who is to do the drafting/wield the rubber stamp?
Declaration 1/90 states that the task of drafting belongs to the elected
representatives. However, according to an
informative and well argued report by the International Crisis
Group --
References
National Convention documents and commentaries may be found in the Online
Burma/Myanmar Library at http://www.burmalibrary.org/show.php?cat=1142&lo=d&sl=0 Of
the commentaries, see especially Janelle Diller's The
National Convention in Burma (Myanmar): An Impediment to the Restoration of
Democracy at http://www.ibiblio.org/obl/docs/LHR-Diller3.html
Material on the various "roadmaps" is at http://www.burmalibrary.org/show.php?cat=1446&lo=d&sl=0
David Arnott, Geneva, 29 April 2004