Extract from Burma: Entrenchment or Reform? Human Rights Developments and the Need for Continued Pressure (Human Rights Watch/Asia, July 1995)

The National Convention

"[I]t is difficult to assume that, in the National Convention, open and free exchange of views and opinions are taking place in order to produce a truly democratic constitution." -  U.N. Special Rapporteur.[38]

            The ongoing National Convention has been billed by the SLORC as a representative body to draw up the principles of a new constitution, under a which a new election will be held and the military will then transfer power to the new government. Despite repeated calls in U.N. resolutions for the SLORC to give a timetable for the convention, there is still no sign of the convention coming to an end, two and a half years after the process began.  It appears that the SLORC may prolong the convention until it has secured cease-fire agreements with all the armed ethnic rebels and has gained some popularity at home through improvements in the standard of living of the small but influential middle class. The proceedings of the convention reveal how closely it is controlled by the SLORC and how it is in fact the SLORC that is writing the constitution.

           In May 1992, exactly two years after the election, the SLORC announced the formation of the Coordination Meeting for the Convening of the National Convention, to be guided by a steering committee headed by a SLORC member and Rangoon division army commander, Myo Nyunt. For two months this committee discussed how the National Convention would work and who would attend.  In  January 1993 the convention finally opened with 702 delegates, of whom only 106 were elected representatives.  All of the rest were either hand-picked by the SLORC to "represent" workers, peasants, intellectuals, national races and service personnel or were "specially invited persons."  In accordance with Announcement No.1/90,  the SLORC stated that the convention would only be drawing up  the "principles" of a new constitution, and the final draft would still be written, as promised, by the elected representatives.  Moreover, the principles discussed by the delegates had to conform with the "objectives" of the convention, as defined by the SLORC, which included the "participation of the Tatmadaw [armed forces] in the national political leadership role of the State in the future."[39]

            To further control the process of the convention, the SLORC established strict rules for delegates to the convention which effectively prevent free discussion, even within the convention hall.  All papers presented at the convention are censored by the National Convention Convening Committee (NCCC)[40] and the discussions which take place within the convention on a day-to-day basis are not reported to the public. While the convention is in session, the delegates have to live in dormitories and are only allowed to leave the Kyaikkesan compound with official permission.  The political parties have complained that they are also not allowed to discuss the proceedings and their own party policy with other members of their parties.[41]   While some of the martial law provisions of 1988 and 1989 have been repealed,[42] there has been no formal repeal of paragraph (b) of SLORC Order 2/88 which forbids gatherings of more than five people.  In August 1993 an NLD representative, Dr. Aung Khin Sint, and his colleague U Than Hla were arrested for disseminating speeches delivered to the convention. They were sentenced to twenty and fifteen years' imprisonment respectively, though Dr. Aung Khin Sint has since been released.[43]  Others have reported harassment and obstruction of NLD delegates; in one case a delegate was prevented from buying a train ticket from the Shan State to attend a session and had to make his way on foot and by bus.[44]

           Given these restrictions on discussion within the convention, it is not surprising that a clear pattern has emerged from the four full sessions that have been held since January 1993. Each session has opened with a speech by a member of the NCCC in which "suggestions" have been made about the particular chapter under discussion. This speech is reported in the government-controlled media, and the delegates then meet in their respective groups to discuss the suggestions.[45]  Some weeks or even months later, the chairman of the NCCC, Myo Nyunt, presides over a plenary session. In three out of the four sessions, the summing-up speech by the chairman, which purports to be the "agreed" principles, has been identical to the opening speech. The only issue which the SLORC failed to push through  was the suggestion in June 1993 that the names of the ethnic states which reflect the majority ethnic population in that state (Mon, Karen, Shan, Kachin, Chin and Arakan) be changed to historical Pali or Burmese names.

           Underscoring the SLORC's control of the process,  Myo Nyunt explained the SLORC's involvement in the convention in April 1995:

To explain the activities of the National Convention, the National Convention Convening Work Committee compiled the proposals presented by the National Convention delegates, scrutinized them, and has always presented them to the National Convention Convening Committee (NCCC) for confirmation. The NCCC in turn will also have to seek the approval of SLORC. The SLORC, which has taken the leadership role and is responsible for the state, will take the appropriate action as deemed necessary to be included in the constitution if the basic principles are in compliance with the policies.[46] (emphasis added)

            To date, the "principles" decided on at the convention would create a bi-cameral  legislature with a House of Representatives and a House of Nationalities.  In both houses, representatives from the armed forces would have a quarter of the seats (110 of the 440 seats in the House of Representatives, fifty-six of the 224 seats in the House of Nationalities). However, it is unclear what powers the two houses will have, as the president of the Union, who must have served active duty as a member of the armed forces, would have ultimate authority on all decisions.

            At the session of the convention which began in September 1994, the topic of discussion was the status of  ethnic minorities that had no representation under the 1974 and 1947 constitutions.[47]  The session continued for six months, an indication of the difficulty of reaching consensus on this issue.  On December 8, 1994, the Wa, Kokang and Palaung, who had signed cease-fire agreements with the SLORC in 1989 and who are represented at the convention, formed a new alliance, called the Peace and Democratic Front, in order to press for their common political and economic demands. In a clear challenge to the SLORC, they also agreed to cooperate militarily. Despite this open opposition to the proposals, the concluding remarks of the chairman of the National Convention Convening Work Committee U Aung Toe, in March 1995, were again identical to his opening speech. Groups with more than 0.1 percent of the population in any one area would have "self-administered zones." The Wa, who had called for the creation of a Wa State, would have a larger "self-administered area."  In both cases, this designation entitles the groups to one representative in the House of Nationalities.  Reports in the government media show that in speeches to the convention, representatives of the minorities to be given "zones" and "areas" voiced dissatisfaction with the proposal, while representatives of political parties called for a population census to take place before proposals could be made which should then be put to a national referendum.[48]

             The SLORC claims that the National Convention is a truly representative assembly. But while groups which signed cease-fires after the convention opened have been invited to attend under the "specially invited persons" category, the degree to which they can participate is not clear. The KIO represents a large population in the Kachin State and has an armed force of some 7,000 soldiers, and has refused even to send observers.  Others, like the Karen National Union, which have not signed cease-fire agreements, are not invited, and the Muslim Rohingyas, who are a significant minority in the Arakan State, are not recognized by the SLORC as an ethnic group and therefore also have no representation at the convention.[49]  Any groups that sign cease-fires in the future, including the New Mon State Party which agreed to a cease-fire on June 29, will have no opportunity to discuss the principles which have been already "agreed" on.

             On April 8, 1995, the convention was adjourned by the NCCC; it will not resume until October 24. When it does reconvene, the SLORC is likely to push through the last chapters of the constitution so that a new election can be held.  Now that Aung San Suu Kyi has been released, it is unclear what role she and her fellow members of the NLD will be able to play in the writing of the constitution. While the SLORC Announcement 1/90 is still in effect, in the past two years, the SLORC has dropped all reference to the principle that the elected representatives would ultimately be the authors of the new constitution.

             In a further move to ensure its political control, the SLORC formed the Union Solidarity and Development Association (USDA) on September 15, 1993. The aims of USDA are those of the SLORC: "1. nondisintegration of the union; 2. nondisintegration of national unity; 3. perpetuation of national sovereignty," with the additions of "4. commission and vitalization of national pride," and "5. emergence of a prosperous, peaceful and modern union."  Within months, USDA offices opened across the country, many of them in town halls and government offices.  Within a year, USDA officials at the annual general meeting declared that 833,022 people had become members.[50] A large part of this membership came in the form of mass rallies held in  January 1994, which civil servants, school children, peasants and others were forced to attend.  The objectives of the national convention were presented and "passed" at these rallies by a show of hands, although participants said they did not understand the implications of the "voting."[51]

             It is clear from these developments that the SLORC has used every means possible to manipulate the political process and deny the citizens of Burma their right, as expressed in Article 25 of the ICCPR, to "take part in the conduct of public affairs, directly or through freely elected representatives." In doing so they have not only violated the most basic of international human rights standards but also their own laws. Thousands of people have been arrested for trying to exercise this right and the right to freedom of association and expression.  In order for those rights to be restored, and for the release of Aung San Suu Kyi to have any impact on the political impasse, many of the laws which are currently in place, including SLORC Order 4/91 and 10/91, must be repealed.

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[38] U.N. Special Rapporteur on Burma,"Report on the Situation..." February 1995, paragraph 149.

[39]          SLORC Order 13/02, "The Formation of the Commission for Holding the National Convention," October 2, 1992.

[40] The NCCC is led by its chairman, Maj. Gen. Myo Nyunt (member of the SLORC, minister for religious affairs and Rangoon divisional commander);  and vice-chairmen Maj. Gen. Maung Thint (SLORC member and minister for border areas);  Brig. Gen. Myo Thant (SLORC member) and Brig. Gen Aung Thein (SLORC member and secretary of the defense services public relations and psychological warfare). 

[41]             See U.N. Special Rapporteur, "Report on the Situation..." February 1995, p. 32.

[42]             In September 1992, paragraph (a) of SLORC Order 2/88, which established a nationwide curfew from 11P.M. to 4A.M..; Order 1/89 which granted martial law powers to regional commanders; and Order 2/89 relating to procedures for military tribunals were all "deleted."  As far as Human Rights Watch/Asia is aware, no other SLORC Orders have been officially revoked.

[43]             They were sentenced under the 1950 Emergency Provisions Act and the Printers and Publishers Law. Dr. Aung Khin Sint was released on February 4, 1995 under Section 401(1) of the Code of Criminal Procedures.

[44] Personal communication to Human Rights Watch/Asia, April 1994.

[45]             Censorship laws in Burma mean that there is no free press.  See Article 19, "Censorship Prevails: Political Deadlock and Economic Transition in Burma," (London: Article 19) March 1995.

[46] New Light of Myanmar, Rangoon. April 7, 1995.

[47]             These groups are minorities in the seven ethnic states and the seven ethnic Burman divisions. ("Burmese refers to all the citizens of the country of Burma or the languages of the dominant ethnic "Burman" population.)

[48]             The United Wa State Party, the Shan State Kokang Democratic Party, the Shan National League for Democracy and the National League for Democracy were particularly outspoken. An NLD representative, U Khin Maung, said "it is not appropriate for this National Convention to prescribe self-administered areas without soliciting the wishes of the local people of the regions concerned." Rangoon Radio, March 30, 1995.

[49]             Between 1961 and 1969 Burmese Radio had a "Rohingya" program, which was stopped "in the interests of national unity."  In 1991 some 270,000 Rohingyas fled from Arakan to Bangladesh with reports of appalling abuses by the Burmese army, including killings and rape. In June 1995 most had been repatriated and only 50,000 remained in refugee camps.

[50] Radio Rangoon, September 15, 1994. Quoted in the BBC Survey of World Broadcasts (SWB).

[51] BBC World Service, January 18, 1994.