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Myanmar : Draft Constitution bars Suu Kyi
News Behind The News
 
April 07, 2008



Myanmar’s draft Constitution ensures that pro-democracy leader Aung San Suu Kyi cannot make a political comeback and guarantees a strong military presence in Parliament, according to a copy of the proposed charter obtained. The draft Constitution was completed in February but has not yet been made public. A copy of the 457-Article, 194-page proposed charter was obtained by the Associated Press. Most of the draft’s contents adhere to guidelines adopted by a national convention last year, after 14 years of on-and-off meetings. One of the most disputed clauses of the draft effectively bars Suu Kyi from holding office because she was married to a foreigner, maintaining a controversial clause from the guidelines. Instead of voters accept it in a referendum, as stipulated by the guidelines, it would become effective only after Parliament’s, first session – which could not happen until at least 2010. The ruling military junta announced in February that it will hold a referendum in May on the new Constitution, followed by long-awaited general election in 2010. Parliament convenes within 90 days of the election. The junta calls the process its “roadmap to democracy.” Critics have denounced the process as a sham designed to perpetuate military rule. The drafting process did not include Suu Kyi or members of her opposition National League for Democracy. The draft charter allots 25 per cent of seats in both Houses of Parliament to the military. It empowers the President to transfer legislative, executive and judicial powers to the military’s commander-in-chief for a year if there is “sufficient reason” to declare a state of emergency.



Suu Kyi’s opposition party urged voters on April 2 to reject a military-backed draft constitution, saying it was undemocratic and drafted under the junta’s direct control. The National League for Democracy said people should participate “without fail” in a referendum next month on the proposed constitution and vote against it. It is the first time the party has taken a clear position on the referendum since it was announced by the junta in February, although it has previously criticized the proposed charter. No exact date has been set for the May vote.











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