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The 1990 elections and the National Convention (commentaries, chronologies etc.)

Websites/Multiple Documents

Title: Language on the National Convention in UN General Assembly and Commission on Human Rights resolutions
Date of publication: 27 February 2004
Description/subject: The UN bodies expressed grave doubts expressed about the process.
Language: English
Source/publisher: United Nations
Format/size: html (20K)
Date of entry/update: 27 February 2004


Title: Chronology of the National Convention/roadmap
Description/subject: "The Irrawaddy" presents a chronology of the developments and setbacks in Burma’s National Convention/roadmap since 1992." Updated August 2006
Language: English
Source/publisher: "The Irrawaddy"
Format/size: html
Date of entry/update: 30 January 2004


Title: Paragraphs on the National Convention from the reports of the Special Rapporteurs on Myanmar to the UN General Assembly and Commission on Human Rights
Description/subject: Analysis by the Speical Rapporteurs of the procedure of the National Convention (NC) which began in January 1993.
Language: English
Source/publisher: United Nations
Format/size: html
Date of entry/update: 03 June 2005


Title: Search results for "National Convention" from "The Irrawaddy"
Description/subject: Several hundred articles and news pieces on the National Convention from "The Irrawaddy", from a site-specific Google search (July 2004)
Language: English
Source/publisher: "The Irrawaddy" (2003-2004)
Format/size: html
Date of entry/update: 06 July 2004


Title: Search results for "National Convention" from Shanland.org
Description/subject: From a site-specific Google search (July 2004)
Language: English
Source/publisher: Shanland.org
Format/size: html
Date of entry/update: 09 July 2004


Title: Search results for "National Convention" from the NCGUB site
Description/subject: From a site-specific Google search (July 2004)
Language: English
Source/publisher: National Coalition Government of the Union of Burma (NCGUB)
Format/size: html
Date of entry/update: 09 July 2004


Title: Search results for ' "National Convention" Myanmar' from the Amnesty International site
Description/subject: Results of a site-specific Google search
Language: English
Source/publisher: Amnesty International
Format/size: html
Date of entry/update: 09 July 2004


Title: Search results for ' "National Convention" Burma' from the US State Dept. website
Description/subject: From a site-specific Google search
Language: English
Source/publisher: US Dept. of State
Format/size: html
Date of entry/update: 09 July 2004


Title: Search results for '"National Convention" Myanmar' from the website of the Office of the UN High Commissioner for Human Rights
Description/subject: From a site-specific Google search (July 2004)
Language: English
Source/publisher: United Nations
Format/size: html
Date of entry/update: 09 July 2004


Individual Documents

Title: NATIONAL CONVENTION: ROADMAP TO INSTABILITY
Date of publication: 17 July 2007
Description/subject: "• The National Convention is part of the problem and not the solution to Burma’s troubles. The results will intensify the root causes of the ethnicbased conflicts perpetuated by Burma’s successive military regimes. • The National Convention, which is tasked with producing detailed principles for a new constitution, remains a fundamentally flawed and inherently illegitimate process aimed at formalizing and prolonging military rule in Burma. • Ethnic groups and the National League for Democracy have consistently proposed steps to salvage the National Convention and transform it into a venue for dialogue; however these recommendations have been rejected. • Originally devised by the military regime as a tactic to avoid convening Parliament after it lost the 1990 elections, the National Convention was mothballed in March 1996, and then revived in 2004 as part of the “7-point roadmap to democracy”. The roadmap was a response to heightened regional and international pressure following the Depayin Massacre..."
Language: English
Source/publisher: ALTSEAN-Burma
Format/size: pdf (138K), Word (177K)
Alternate URLs: http://www.altsean.org/Docs/DOC%20Format/Thematic%20Briefers/National%20Convention%20-%20Roadmap%20...
Date of entry/update: 17 July 2007


Title: Burma’s Sham National Convention
Date of publication: July 2007
Description/subject: The following 2 articles examine Burma’s National Convention process and its implications: Return to arms? By Mark Farmaner...Boots in Suits By Yvette Mahon
Author/creator: Mark Farmaner, Yvette Mahon
Language: English
Source/publisher: The Burma Campaign UK
Format/size: html
Date of entry/update: 03 September 2007


Title: Beyond the National Convention
Date of publication: September 2004
Description/subject: "Burma’s ceasefire groups look ahead... It is never wise to try and second-guess the turn of events in Burma, but it’s safe to say that the current constitution-drafting National Convention is widely perceived as illegitimate—both inside Burma and abroad. This perception won’t change unless the process is broadened to include meaningful participation on the part of the National League for Democracy, or NLD, and the United Nationalities Alliance, or UNA, a coalition of ethnic nationality parties elected in 1990, which has always worked closely with the NLD. Despite the legitimacy deficit of the constitution-drafting exercise, the convention has emerged as the most important political arena since the 1990 election—and perhaps even since the military takeover of 1962. For Burma’s ethnic nationalist communities in particular, it represents a milestone in efforts to have their concerns registered on the national political stage..."
Author/creator: Ashley South
Language: English
Source/publisher: "The Irrawaddy" Vol. 12, No. 8
Format/size: html
Date of entry/update: 11 November 2004


Title: UN Secretary-General calls for immediate release of Daw Aung San Suu Kyi - ENGAGEMENT IN 'SUBSTANTIVE DIALOGUE' WITH NLD. OTHER POLITICAL PARTIES
Date of publication: 17 August 2004
Description/subject: The following statement was issued today by the Spokesman for Secretary-General Kofi Annan: "...It is the Secretary-General's judgement that the National Convention does not currently adhere to the recommendations made by successive resolutions of the General Assembly. The Secretary-General believes that, unless and until the views of the National League for Democracy (NLD) and other political parties are sought and considered, the National Convention and the road map process will be incomplete, lacking in credibility and, therefore, unable to gain the full support of the international community, including the countries of the region..."
Language: English
Source/publisher: United Nations
Format/size: html (8K)
Date of entry/update: 18 August 2004


Title: Regulations of the National Convention (updates)
Date of publication: 17 May 2004
Description/subject: "The following is translation of clarification on procedures for convening the National Convention made by Secretary of the National Convention Convening Commission Minister for Information Brig-Gen Kyaw Hsan:..."
Language: English
Source/publisher: "The New Light of Myanmar"
Format/size: html (20K)
Date of entry/update: 18 May 2004


Title: Burma’s National Convention: The Detailed Basic Principles
Date of publication: 29 April 2004
Description/subject: "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..."
Author/creator: David Arnott
Language: English
Format/size: html (13K)
Date of entry/update: 11 May 2004


Title: Burma/Myanmar: How to read the generals' "roadmap" - a brief guide with links to the literature
Date of publication: 18 April 2004
Description/subject: N.B. THIS TEXT IS IN A CONSTANT STATE OF UPDATING. CHECK http://www.ibiblio.org/obl/docs/how10.htm FOR THE LATEST VERSION...Introduction: "This guide is not so much an analysis – political, legal or other -- of the “roadmap” as an introduction to some of the elements, in particular the National Convention process, which the “roadmap” is based on. For analyses, see Roadmaps/National Convention in the Online Burma/Myanmar Library. This guide has a limited scope and makes three main points: * The first and most crucial stage of the "roadmap" announced by Gen. Khin Nyunt on 30 August 2003 is the re-launch, scheduled for May 17 2004, of the 1993-1996 National Convention, and there is no indication by Burmese military spokesmen that the resumed Convention will differ substantially in structure or procedure from its earlier form; * The abundant commentaries and documentation on the 1993-1996 National Convention apply equally to this stage of the "roadmap"; * International, regional and national actors should take these into account when assessing the "roadmap" and developing their policies. A frequent comment on the “roadmap” is that details are lacking. If, however, as seems likely, the reconvened National Convention follows its 1993-1996 pattern, we actually know a great deal about the first, crucial step of the “roadmap” by way of documentation and commentary. The present guide sets the “roadmap” within this process, itself a stage in the events which followed the collapse of the Burma Socialist Programme Party (BSPP) in 1988, the coming of the SLORC[2], the 1990 elections and their aftermath. The guide: 1) Provides a chronology and documentation of the shifting positions of the Burmese military from 1988 onwards with regard to handing over power to the party which won the elections -- from the 1988 promise of unconditional transfer of power, to the NLD’s apparent exclusion in August 2003 from any authority or responsibility at all deriving from the electoral mandate of 1990; 2) Provides introductions and hyperlinks to a substantial collection of commentaries and documentation on the National Convention process, which the “roadmap” is intended to complete (something not denied by the SPDC[3]); 3) Recommends that international, regional and national actors recognise the “roadmap” as an integral part of the National Convention process and that they study the purpose, principles and procedure of the whole process when developing their policies..."
Author/creator: David Arnott
Language: English
Source/publisher: David Arnott
Format/size: html (54K)
Alternate URLs: http://www.ibiblio.org/obl/docs/how9.html
Date of entry/update: 18 April 2004


Title: Roadmap to autocracy
Date of publication: 25 March 2004
Description/subject: "...The “roadmap” envisages a resumed National Convention based on the 104 Principles and the Detailed Basic Principles (which incorporate the six “objectives”, including the “Participation of the Tatmadaw in the leading role of national politics of the State in (the) future”) and the task is presumably to draft the remaining chapters of the Detailed Basic Principles. There is no mention in the “roadmap” of any role for the elected representatives. According to the “roadmap”, after the constitution is completed, it will be put to a referendum and new elections held. There is no reference whatsoever to the 1990 elections... The “roadmap” therefore conflicts with the UN General Assembly and Commission on Human Rights resolutions adopted by consensus for more than a decade which affirm, in various formulations, that "the will of the people is the basis of the authority of government and that the will of the people of Myanmar was clearly expressed in the elections held in 1990" (UNGA, December 2003). It is difficult to understand how international actors can justify support for a process so clearly in conflict with these resolutions which embody the international consensus."
Author/creator: David Arnott
Language: English
Source/publisher: David Arnott
Format/size: html (11K)
Date of entry/update: 24 March 2004


Title: The 1990 Elections in Myanmar (Burma): Broken Promises or a Failure of Communications?
Date of publication: 23 March 2004
Description/subject: “Whoever is elected will first have to draw up a constitution that will have to be adopted before the transfer of power. They haven’t said how the constitution will be adopted. It could be through a referendum, but that could be months and months, if not years.” ... Daw Aung San Suu Kyi, interview with Dominic Faulder in ‘Asiaweek’ 1 July 1989 ( reproduced in Aung San Suu Kyi: "Freedom from Fear", p225) ... A thoughtful study by a former British Ambassador to Vietnam..." Synopsis · The National League for Democracy (NLD) won a resounding victory in the May 1990 general elections, but was unable to persuade the ruling military junta to agree to a transfer of power. · The junta (the State Law and Order Restoration Council or SLORC) had initially promised when they took control in September 1988 that whichever party won the elections could form the new government. · But within months they backtracked as democracy activists, led by the NLD, pursued a vigorous campaign for basic civil rights, including freedom of expression, publication and assembly. · Even before NLD leader Daw Aung San Suu Kyi was confined to house arrest in July 1989, the junta had redefined their position, which was that they would continue to govern until a new constitution, approved by the people, had been promulgated and a new government based on that constitution appointed. · When the NLD won the elections with over 80% of the seats in the People’s Assembly, they argued that they now had a strong mandate for assuming power without delay. But the regime reaffirmed in a formal Declaration its pre-election stance that the main purpose of the new Assembly must be to draft a new Constitution. · Deprived of strategic guidance from Daw Aung San Suu Kyi, the NLD nonetheless decided to confront the junta which had already shown that it would ruthlessly suppress dissent. · Internationally, the junta could not compete for the world’s affections with the iconic, charismatic personality of the daughter of the leader of Burma’s independence. Accordingly no-one listened to what the junta had to say. · In short, from mid 1989 onwards, the SLORC made it abundantly clear that they would retain power until a new constitution had been adopted and a government set up according to that constitution. Even so, there were hopes that the SLORC might relent in the face of the overwhelming expression of the will of the people. They have not yet done so..."
Author/creator: Derek Tonkin
Language: English
Source/publisher: Derek Tonkin
Format/size: html (101K), Word (143K)
Alternate URLs: http://www.ibiblio.org/obl/docs/DT-1990_Elections.doc
Date of entry/update: 24 March 2004


Title: SPECIAL REPORT: ON THE ROAD TO DEMOCRACY?
Date of publication: 29 February 2004
Description/subject: A Summary of Political & Human Rights Developments in Burma September 1 2003 - February 29, 2004... Prepared for the 60th Session of the UN Commission on Human Rights, March 2004... CONTENTS: 2 ON THE ROAD TO DEMOCRACY? 4 Context of the Roadmap; 5 Nation-Wide Crackdown; 5 No Justice - No Accountability; 6 Rise of the Hardliners; 6 Forced Military Training; 8 Dissecting the Roadmap; 9 'Moderate' vs 'Hardline'? 10 Democratisation or Delay Tactic? 13 Broken Promises; 15 Lessons from the National Convention 1990-1996; 16 SPDC Actions Thus Far to Implement the Roadmap; 17 Bangkok Process - Dialogue with One Side; 17 USDA PIan to Destroy Democratic Movement; 19 Ethnic & Pro-Democracy Groups Reject Roadmap; 20 NLD: Dialogue or Detente; 21 Ethnic Nationalities Seminar's Common Position; 22 Ceasefire Groups: Conditional Support, Misrepresentation; 23 Pushed to the Ceasefire Table at Gunpoint; 26 Rethinking the Roadmap; 26 A Starting Point, Not a Fait Accompli; 28 OVERVIEW: HUMAN RIGHTS: 29 Arbitrary Detention; 31 Miscarriage Of Justice; 32 Update on Depayin Victims; 32 Arbitrary Detentions May 31 -Aug 31, 2003; 34 Torture; 36 Exlrajudicial Killings & Summary Executions; 37 Freedom of Expression; 37 Religious Intolerance; 38 Update on Ethnic Nationality Relations; 39 Forced Labor; 41 Forced Relocation & Displacemt; 42 Landmines; 44 Violence Against Women; 45 Child Soldiers; 47 Abuse of Economic Rights.
Language: English
Source/publisher: Altsean-Burma
Format/size: pdf (371K), html (341K)
Alternate URLs: http://www.ibiblio.org/obl/docs/roadmap-SR.htm
http://www.ibiblio.org/obl/docs/OnThe%20Road2DemocracyA4.pdf
Date of entry/update: 24 March 2004


Title: Language on the 1990 elections and transfer of power in Burma extracted from UN General Assembly and Commission on Human Rights resolutions
Date of publication: 27 February 2004
Description/subject: "Affirming that the will of the people is the basis of the authority of government and that the will of the people of Myanmar was clearly expressed in the elections held in 1990" -- a consistent message from the UN bodies from 1991.
Language: English
Source/publisher: United Nations
Format/size: html (46K)
Date of entry/update: 27 February 2004


Title: THE NATIONAL CONVENTION
Date of publication: 21 October 2003
Description/subject: "Tabayin (Depayin) Massacre which occurred on May 30 diminished all the expectations for the progress of a homegrown national reconciliation process as an aftermath of confidence building talks between Daw Aung San Suu Kyi and the State Peace and Development Council (SPDC) since October, 2000 and her subsequent release in July, 2003. Evidences and testimonies of eyewitnesses confirmed conclusively that it was a premeditated attack by the pro-military thugs under the instructions of authorities and thus, the SPDC is accountable for it. Daw Aung San Suu Kyi, the key dialogue partner for the military if a substantive political dialogue takes place, narrowly escaped from the attack but was immediately detained by the regime. The entire National League for Democracy (NLD) leadership was either put under house arrest or detained in prisons and all NLD offices were closed down. Tabayin (Depayin) Massacre was the biggest violent suppression of political dissidents after 8888 democratic uprising. In response to such a situation, there has been growing international pressure including countries from the region. Since the possibility for a homegrown national reconciliation process was no longer valid, consideration was given to formulate a framework or roadmap for democratic transition in Burma with the coordination of the UN Special Envoy, taking into account the visions of all parties concerned. Thailand joined the process and took unilateral initiative to outline its proposal and started to consult with SPDC and some countries in the region. To encounter international efforts to formulate a roadmap for transition with a particular time frame and build up more pressure to materialize the democratic transition, SPDC made a reshuffle within its establishment and appointed intelligence chief, “Gen. Khin Nyunt” who was perceived as a pragmatist among Burmese generals by the international community, as the new Prime Minister. Immediately, Gen. Khin Nyunt delivered a policy speech on 30 August and announced a seven-point roadmap for transition to a "disciplined democracy"..."
Language: English
Source/publisher: National Coalition Government of the Union of Burma
Format/size: html (49K), Word (58K)
Alternate URLs: http://www.ibiblio.org/obl/docs/briefing-paper-ncgub.doc
Date of entry/update: 24 October 2003


Title: Burma’s National Convention: New Resolve, Same Hurdles
Date of publication: 18 September 2003
Description/subject: "On August 30, Burmese Prime Minister Gen Khin Nyunt announced that Burma would reconvene the long-suspended National Convention, the first step in the "road map of Myanmar" he laid out in his inaugural address. A week later, a panel of high-ranking army officers was appointed to the National Convention Convening Committee. Rangoon has tried for the past eight years to produce a junta-friendly constitution through the National Convention. Clearly, it has failed. But the new moves—the decision to resume the convention and the reorganization of the Convention Committee—may signal that the junta is more resolute about achieving the goals of the convention. Nevertheless, the Burmese generals will face the same hurdles experienced in the previous efforts to draft a constitution..."
Author/creator: Aung Naing Oo
Language: English
Source/publisher: "The Irrawaddy"
Format/size: html
Alternate URLs: http://www.irrawaddy.org/opinion_story.php?art_id=383
Date of entry/update: 20 September 2003


Title: Revisiting the National Convention
Date of publication: 03 September 2003
Description/subject: "Let’s talk about drafting a new constitution for Burma which guarantees democracy and the rights of citizens in all communities of the country. Let’s convene a National Convention which is fair and workable and gives equal voice to all representatives of the people. It sounds much like the rhetoric that proceeded the first National Convention, when the regime ordered a constitution be drawn up under their direction in 1993. With Gen Khin Nyunt as Prime Minister, the National Convention has been given a new lease of life, but what has changed over the past ten years?..."
Author/creator: Aung Moe Zaw
Language: English
Source/publisher: "The Irrawaddy"
Format/size: html
Date of entry/update: 20 September 2003


Title: New Approach to Combat the Rhetoric
Date of publication: 02 September 2003
Description/subject: "Barely had the speculation formed over Gen Khin Nyunt’s first public speech as Burma’s prime minister when the junta’s mouthpiece newspaper Kyemon blamed the opposition for the country’s political impasse. The opposition National League for Democracy’s (NLD) boycott of the National Convention constitution drafting assembly in 1995 "has been the reason why a parliamentary democracy government has still not emerged 13 years after the election was held," the paper argued, referring to the 1990 elections which the NLD won, but the military ignored. Khin Nyunt has made clear his intentions to restart the stalled 1993 National Convention, followed by the drafting of a State Constitution, holding a referendum and finally, holding a nationwide election. The only trouble is that no timeframe was specified in his policy declaration..."
Author/creator: Sai Wansai
Language: English
Source/publisher: "The Irrawaddy"
Format/size: html
Date of entry/update: 20 September 2003


Title: In Search of a Constitution for Burma
Date of publication: April 2002
Description/subject: Federalism in Burma: "Constitution can be a strong foundation for every country to be established as a just, free, peaceful and developed society. Burma is in the process of producing a new constitution. By amalgamating lessons from previous historical experiences and current practical situation of the country, it is hoped that a proper constitution for future Burma might be produced. Major concern is that without finding ways and means to resolve the underlying issues of a country, production of constitution superficially is meaningless and constitution might not be effective from positive aspect in our future society. In this account, the constitution making process or the way, how a constitution will be produced, is of paramount importance. In attempting to produce a constitution, onesided or unproper guidance to the people should be avoided. In a genuine constitution making process, the people, regardless of race, social origin, gender and etc, should be allowed to uncover their sufferings frankly, propose possible solutions positively, and express their will to restructure the society freely thereby leading the process to be more and more participatory. Any kind of discrimination should not be exercised within a genuine constitution making process whether be it federal or state constitution making processes..."
Author/creator: Aung Htoo
Language: English
Source/publisher: "Legal Issues on Burma Journal" No. 11 (Burma Lawyers' Council)
Format/size: PDF
Alternate URLs: http://www.blc-burma.org/activity_pub_liob.html
Date of entry/update: 03 June 2003


Title: Burma's Future Constitution: Comparing and contrasting democracy and human rights provisions in two draft Burmese constitutions from an international perspective
Date of publication: October 1999
Description/subject: "...This article has discussed the draft constitutions for Burma proposed by the National Convention, the body established by the ruling party, and that proposed by the opposition National Council of the Union of Burma. It has reviewed aspects such as the process of constitution of drafting, the electoral system, constitutional supremacy and amendments and appointments to and function of the courts, as well as a Bill of Rights, a Human Rights Commission and declarations of states of emergency. The National Convention's constitution contains many strongly anti-democratic provisions and is silent on several key issues. In contrast, the NCUB's constitution attempts to create a democratic system, but includes several provisions that should be reworked to strengthen democratic checks and balances and prevent future state abuse of power."
Author/creator: Jeremy Sarkin
Language: English
Source/publisher: Legal Issues on Burma Journal No. 4 (Burma Lawyers' Council)
Date of entry/update: 03 June 2003


Title: Burma: Military and Its Constitution
Date of publication: May 1999
Description/subject: The Military's Constitutional Principles: Strenthening Military Authoritarianism; Bachground Facts on the 1990 General Election and the National Convention; Detailed Constitutional Principles Approved by the National Convention; National Convention Procedural Code.
Language: English
Source/publisher: Burma Lawyers' Council
Format/size: PDF (554K) 67 pages
Date of entry/update: 08 December 2010


Title: Drafting a Constitution in Burma: A Struggle for Participatory Process
Date of publication: May 1999
Description/subject: Critique of the National Convention. Comparison between the constitution-drafting processes and principles of the Burmese military, the NLD and the NCUB, with additional comparison with the constitution-drafting processes in the Philippines and Thailand.
Author/creator: Burma Lawyers' Council
Language: English
Source/publisher: Legal Issues on Burma Journal No. 3 (Burma Lawyers' Council)
Date of entry/update: 03 June 2003


Title: Burma Beyond the Law
Date of publication: August 1996
Description/subject: "...Decades of military rule in Burma have prevented the rule of law from taking deep root during the country's post-colonial history. The concept of the rule of law suffered a particularly severe blow with the accession to power of the SLORC in the coup d'etat of 18 September 1988. Most of the laws passed since that date reveal a persistent disregard for internationally-recognized human rights norms. What is more, the few vestiges of constitutionalism and legality that remained at the time of the coup have been all but extinguished by this military government whose legitimacy to govern is highly questionable both under Burmese domestic law and international law...An indication of its lack of good faith is provided by the manner in which it has sought to force through proposals for constitutional reform which are designed to perpetuate military rule under the guise of democratic government. The National Convention, which it created without any mandate or consultation and whose working methods are so patently unfair and lacking in either transparency or legitimacy, bodes ill for the future of democracy and freedom in Burma. Urgent action is required to establish the rule of law, human rights and governmental accountability in Burma. Many of these recommendations have been made by the UN General Assembly and the Commission on Human Rights in successive resolutions on Burma since 1990..." FOREWORD... INTRODUCTION... 1 INACCESSIBILITY AND VAGUENESS OF LAWS... 2 CONSTITUTIONAL BACKGROUND... 3 THE LEGITIMACY OF THE COUP D'ETAT OF 18 SEPTEMBER 1988... 4 THE SLORC'S REFUSAL TO TRANSFER POWER: 4.1 The Position Under International Law; 4.2 The Position Under Burmese Domestic Law... 5 THE MARTIAL LAW MEASURES AND THEIR COMPATIBILITY WITH INTERNATIONAL LAW: 5.1 Some General Considerations; 5.2 The Martial Law Measures: A Detailed Analysis; 5.2.1 The Right to Life; 5.2.2 Arbitrary Arrest and Detention; 5.2.3 Cruel and Inhuman Detention Conditions; 5.2.4 Torture and Other Cruel, Inhuman or Degrading Treatment; 5.2.5 Fair Trial Concerns; 5.2.6 Freedom of Expression; 5.2.7 Forced Relocations; 5.2.8 Forced Labour and Forced Portering; 5.2.9 Citizenship Rights; 5.2.10 Freedom of Movement, Assembly and Association; 5.2.11 Right to Democratic Participation; 5.2.12 Human Rights Violations against Children and Women; 5.3 Violations of International Humanitarian Law... 6 CONSTITUTIONAL DEVELOPMENTS: THE NATIONAL CONVENTION... 7 THE SLORC'S SENSITIVITY TO INTERNATIONAL CRITICISM... 8 CONCLUSIONS AND RECOMMENDATIONS.
Author/creator: K S Venkateswaran
Language: English
Source/publisher: Article 19
Format/size: pdf (359K)
Alternate URLs: http://www.article19.org/pdfs/publications/burma-beyond-law.pdf
Date of entry/update: 11 June 2005


Title: The National Convention in Burma (Myanmar): An Impediment to the Restoration of Democracy
Date of publication: 02 April 1996
Description/subject: This important 1996 analysis of Burma's National Convention , which has not convened in plenary since 1996, may be of interest to those who are concerned about the military regime's intention to resurrect it, in a renewed effort to bypass the results of the 1990 elections... "Rather than moving Burma toward democracy, the National Convention is impeding the democratization process by failing to create structures of accountability and transparency and by obstructing processes for growth of independent political life... The National Convention and the SLORC's repression of political freedoms and genuine political dialogue violate Burma's UN Charter obligations, illuminated by the Universal Declaration [of human rights] ..."...OVERVIEW AND SUMMARY; I DEVELOPMENTS LEADING TO THE NATIONAL CONVENTION; II. THE NATIONAL CONVENTION: A. Supplanting the Will of the People expressed by Electoral Mandate; 1. Permanent Minority Role for Elected Representatives; 2. Restrictions on Freedoms of Convention Delegates ... B. Obstructing Genuine Dialogue... C. Dismantling Political Structures and Suppressing Independent Activity: 1. Nullification of Elected Candidates' Status; 2. De-registration of Political Parties; 3. Political Restrictions on Parties and Activists... D. Ensuring Permanent Military Control over Law and Politics: 1. Constitutional Principles that Entrench Military Control; 2. Development of a Nationwide Patronage System for Political Support... II. CONCLUSIONS OF LAW: 1. Obstruction of Political and Associational Rights; 2. Violations of Economic and Social Rights... III. RECOMMENDATIONS... ANNEXES: I Pyithu Hluttaw Election Law, State Law and Order Restoration Council Law No. 14/89, 31 May 1989; II Letter from Aung Shwe, Chairman of the National League for Democracy, to Senior General Than Shwe, Chairman of the State Law and Order Restoration Council, dated 25 March 1996 (to arrange for convening of the first Pyithu Hluttaw (legislature)) (official translation); III Law Amending the Pyithu Hluttaw Election Law, State Law and Order Restoration Council Law No. 10/91,10 July 1991; IV Letter from Aung Shwe, Chairman of the National League for Democracy, to Senior General Than Shwe, Chairman of the State Law and Order Restoration Council, dated 28 March 1996 (protest against lawless proceedings) (official translation).
Author/creator: Janelle M. Diller
Language: English
Source/publisher: International League for Human Rights, Rights and Democracy (International Centre for Human Rights and Democratic Development)
Format/size: html (237K)
Date of entry/update: 03 September 2003


Title: The observations of the National League for Democracy on the National Convention (22 November 1995)
Date of publication: 22 November 1995
Description/subject: Full text of the statement delivered by Aung San Suu Kyi at her press conference of 22 November 1995... "...The National Convention in its present form is not acceptable to the people of Burma and because it not acceptable to the majority of our people it is not acceptable to the National League for Democracy. And a constitution that is drawn up by a National Convention that does not enjoy the confidence of the people will itself not get the support of the people. And a constitution that is not supported by the people will be nothing more than a piece of paper. So we call upon all those concerned to discuss the matter of bringing about a National Convention that is truly acceptable to the people and that will be able to draw up a constitution that will create a lasting democratic Union of Burma. It is for this reason that we have now put out this statement because the National League for Democracy has a duty to proclaim its position to the people who voted for it in 1990. We believe that our statement, our stance will be supported by the great majority of the people of Burma and it is our intention to continue along a path that is always consonant of the will of the people."
Author/creator: Aung San Suu Kyi
Language: English
Source/publisher: National League for Democracy
Format/size: html (12K)
Date of entry/update: 19 April 2004


Title: Lack of Democracy, Lack of Equality: Political analysis of Constitutional Principles Laid down by the SLORC National Convention
Date of publication: October 1995
Description/subject: Internet Version (English) November, 2002 English-Burmese Dual Version October 1995
Language: English
Source/publisher: Burma Lawyers' Council
Format/size: pdf (214K) html (80K)
Alternate URLs: http://www.ibiblio.org/obl/docs/BLC-lack_of_democracy.htm
Date of entry/update: 03 June 2003


Title: Lack of Democracy, Lack of Equality: Political analysis of Constitutional Principles Laid down by the SLORC National Convention
Date of publication: October 1995
Description/subject: Internet Version November, 2002 English-Burmese Dual Version October 1995
Language: Burmese
Source/publisher: Burma Lawyers' Council
Format/size: pdf (464K)
Date of entry/update: 03 June 2003


Title: The National Convention
Date of publication: July 1995
Description/subject: Extract on the National Convention from "Burma: Entrenchment or Reform? Human Rights Developments and the Need for Continued Pressure" (Human Rights Watch/Asia, July 1995)
Language: English
Source/publisher: Human Rights Watch/Asia
Format/size: html (33K)
Alternate URLs: http://www.ibiblio.org/obl/docs/entrenchment.html (full text of the HRW report)
Date of entry/update: 09 March 2004


Title: The Manifesto of the National League for Democracy
Date of publication: 06 November 1989
Description/subject: "1. Throughout the Union of Burma in 1988 there was an extraordinary and unprecedented uprising of all people. They rose up to demand Democracy. Thus, a democratic state was established in order to be liberated from the bitter experience of the society. 2. Now, a chance to establish a democratic system began to emerge that would totally change society. Hence, all the people of Burma, with active spirit and strong determination, would have to elect the peoples' representatives. Those representatives would form a democratic government in accordance with the aspiration of the people and draw up the state constitution that will enable a successful reconstruction of the country. 3. The National League for Democracy firmly believes that, today, in Burma, the masses of people are earnestly aspiring for the formation of a Democratic government that will guarantee basic human rights. 4. The National League for Democracy clearly understands that all the people of Burma are very keen to establish a firmly united "Union" in the near future with equal rights for all ethnic nationalities who cherish democracy. 5. In order to bring about the aims and aspirations of the people successfully, the National League for Democracy, consisting of people wishing to represent farmers, workers, merchants and entrepreneurs, students, youths, women, technicians, academicians, artists and ethnic nationalities, shall let their members participate in this multi-party General Election and pledges to accept the decision of the people. 6. The National League for Democracy, while declaring its principles and policy below, shall accept the wishes of the people and establish a democratic state as desired by the people..."
Language: English, Burmese
Source/publisher: National League for Democracy
Format/size: html (78K), Word (67K), pdf (32K)
Alternate URLs: http://www.ibiblio.org/obl/docs/NLDElectionManifesto1989.doc
http://www.ibiblio.org/obl/docs/NLDmanifestoBur.pdf (Burmese)
Date of entry/update: 20 April 2004