BECAUSE IT IS A BIAS ONE SIDED REFERENDUM. TOTALLY UN FAIR. WHAT DO YOU
EXPECT WITH THIS JUNTA.
April 24, National League for Democracy
Special Statement No 7/14/ 08 (Unofficial Translation)
The people will vote the "The Draft Constitution of the Republic of the
Union of Myanmar" in the upcoming referendum on May 10, 2008. From
studying it, the referendum law and related procedures, we found there is
no freedom and justice from the beginning.
1. Chapter XIV, Transitory Provision of the Draft Constitution of the
Republic of the Union of Myanmar 2008 states as follow;
"(441) This Constitution, which is adopted in a referendum by the
assenting votes of a majority of more than half of all the people who have
the right to vote, shall come into force throughout the Union from the
first day of the convening of the Pyihtaungsu Hlutttaw (Union
Parliament)."
According to this provision, the draft Constitution can be approved
easily. This provision is created to approve the draft Constitution
comfortably with the sup****ting votes of just more than 25% of all the
people who have the right to vote. However, to amend provisions from some
chapters of the Constitution, OVER 75 % of sup****ting votes in the
Parliament and over 50% of sup****t of all the people who have the right to
vote in a referendum are required. This is purposely designed to make any
amendment difficult. While only over 25% sup****t of all the people who
have the right to vote is required to adopt the draft Constitution, any
amendment can only be done with over 75% of the vote in the Parliament and
over 50% of the vote in a national referendum.
2. We also found that the Referendum Law and the detail procedures do not
met with (international) standards. While there are provisions to prohibit
the activities of the voters and penalties for those who violate any
prohibition, we found no provision to punish members of the Commission and
Sub-Commissions for Holding Referendum, if they violate their
responsibilities, duties, powers and principles. It is totally one-sided.
3. After closing the polling booth, the polling booth team is to count
votes-in-favor, votes-against and cancelled votes and then prepares the
list in the presence of not less than ten persons eligible to vote.
However, people are not allowed to be present at the Commission and
Sub-Commissions at all administrative levels, Village-track, Ward,
Town****p, District, State and Division, which were formed by the
authorities with the persons they trust, when they count the total numbers
of votes-in-favor, votes-against and cancelled votes from the lists
submitted by polling booths. This lack of transparency may lead to the
op****tunity to cheat.
4. Furthermore, the Chairman of the National Convention Working Committee,
the Commission to Draft the State Constitution, and the Commission for
Holding Referendum for the Approval of the Draft Constitution of the
Republic of the Union of Myanmar 2008 are the same person. This should not
happen for freedom and justice. Because, when the Chairman of the National
Convention Working Committee, which adopted the fundamental and detailed
principles for the Constitution, became the Chairman of the Commission to
Draft the State Constitution, he made the Draft Constitution almost
identical to the fundamental and detailed principles that he helped adopt.
Then when he became the Chairman of the Commission for Holding Referendum
for the Approval of the Draft Constitution of the Republic of the Union of
Myanmar 2008, he will surely try to get approval for the Draft
Constitution. And this Commission is not an independent one and serves for
the pleasure of the State Peace and Development Council.
5. The contents of the Draft Constitution are not widely publicized
through daily newspapers, radio and TV. People are not well aware of the
contents, as the authorities have not tried to explain their meaning. As
of today, the authorities have not widely distributed the Draft
Constitution, so the people have not had enough time to study it.
6. We also know that civil servants and factory workers, who will not be
away from their respective areas and who do not have plans to travel to
another region on the referendum day, are forced to cast their vote in
advance unnecessarily and in front of the authorities, so they can secure
their votes-in-favor. This is violation of the Referendum Law.
7. Despite the fact that there are no democratic principles and democratic
rights in the Draft Constitution, the authorities' mouthpiece newspapers
are misleading the people, who are sincerely and actively demanding
democracy, by placing slogans such as "For the Emergence of Democracy,
Approve the Constitution", "Democracy Can Be Achieved through the
Constitution", with big headlines.
8. The State Peace and Development Council (the ruling military junta)
allows all of the state apparatuses from the top to the bottom and its
subordinate organizations to campaign freely and openly for the approval
of the Constitution. These organs apply pressure, and use intimidation,
cheating, misuse of power and the providing bribe to the people to get
their sup****t. However, they act differently in regards to publications of
statements, appeals and facts that promote awareness of the conducts of
the referendum, issued by the National League for Democracy.
(A) The authorities from Daedaye Town****p, Irrawaddy Division, tried to
confiscate these literatures from the members of the NLD and interrogated
two NLD members.
(B) The authorities from Wakhema Town****p, Irrawaddy Division confiscated
these literatures and later returned only some of them. Town****p NLD
organizers were also summoned and interrogated.
(C) The authorities also confiscated NLD publications and statements in
Taung Twin Gyi Town****p in Magwe Division, Dala Town****p in Rangoon
Division, and Sittwe Town****p and Taung Gok Town****p in Arakan (Rakhine)
State. NLD members were also summoned, arrested and interrogated by the
authorities.
9. Furthermore, the authorities are threatening the people, saying that
they will know surely who votes against the Constitution, that those who
vote against will be revenged by expelling students from schools,
dismissing workers from work, confiscating lands from farmers, arresting
villagers from their village, etc. The authorities are trying every way to
make this referendum not free and fair.
Nevertheless, the referendum will be conducted by a secret ballot system,
and the referendum procedure stipulates that a person should make his or
her desire by making a (X) mark on the ballot paper if he or she does not
approve the draft constitution. For the people who have the right to vote,
we would like to encourage again all voters to go to polling booths and
make a (X) mark without fear, in order to create their own destiny and use
their rights effectively.
According to the decision made by the Central Executive Committee in the
meetings on 21 April 2008
Central Executive Committee
National League for Democracy
97B West Shwegondaing Road
Bahan Town****p, Rangoon
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