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Burma Constitutional Conference Working Strategy Resolution (English Version)

Burma Constitutional Conference Working Strategy Resolution (English Version)

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Proposed Work Plan
For

1. Burma’s 2008 Constitution 2. Elections in 2010 and the Following Period 3. The Issue of Impunity in Burma
Submitted by Burma Constitutional Conference Conducted by Forum of Burmese in Europe (U.K) Held at London South Bank University (Dec 19-20, 2009) Part I: Burma’s 2008 Constitution
Strategy Objective Pressure on the United Nations Security Council (UNSC) will be imposed until it declares Burma’s 2008 Constitution as null and void. It is reasonable to request the nul
Proposed Work Plan
For

1. Burma’s 2008 Constitution 2. Elections in 2010 and the Following Period 3. The Issue of Impunity in Burma
Submitted by Burma Constitutional Conference Conducted by Forum of Burmese in Europe (U.K) Held at London South Bank University (Dec 19-20, 2009) Part I: Burma’s 2008 Constitution
Strategy Objective Pressure on the United Nations Security Council (UNSC) will be imposed until it declares Burma’s 2008 Constitution as null and void. It is reasonable to request the nul

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Published by: Burma Democratic Concern (BDC) on Jan 22, 2010
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02/26/2010

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 1
Proposed Work Plan
For
1.
 
Burma’s 2008 Constitution
 2.
 
Elections in 2010 and the Following Period3.
 
The Issue of Impunity in Burma
Submitted byBurma Constitutional ConferenceConducted by Forum of Burmese in Europe (U.K)Held at London South Bank University (Dec 19-20, 2009)Part I:
Burma’s
2008 Constitution
 
Strategy ObjectivePressure on the United Nations Security Council (UNSC) will be imposed until it
declares Burma’s
2008 Constitution as null and void.
It is reasonable to request the nullification of the 2008 Constitution by the UN SecurityCouncil. Precedence for such a move can be found in UNSC Resolution 554 regarding South
Africa’s 1983 apartheid
-entrenching constitution.
1
 
1. Declares that the so-called "new constitution" is contrary to the principles of the Charter of the United Nations, that the results of the referendum of 2 November 1983 are of no validitywhatsoever and that the enforcement of the "new constitution" will further aggravate the alreadyexplosive situation prevailing inside apartheid South Africa.
1
UNSC Res 554 (15 November 1983) UN Doc A/RES/38/11.
 
 2
2. Strongly rejects and declares as null and void the so-called "new constitution" and the"elections" to be organized in the current month of August for the "coloured" people and peopleof Asian origin as well as all insidious manoeuvres by the racist minority regime of SouthAfrica further to entrench white minority rule and apartheid;
(or)
The 2008 Constitution must be revised by cancelling(a) the impunity provision
2
, and(b) other provisions which solidify the rule of the military dictatorship.In order to reject the rule of the military dictatorship to be applied in accordance withthe constitution
, Burma’s
2008 Constitution must be revised as follows:
1. The limitation clauses (or the exception clauses) in the provisions relevant to three basicfreedoms - freedom of expression, association and assembly - shall be limited.2. The participation of the military in the various levels of the legislative bodies and theexecutives shall be rejected completely.3. Appointment and dismissal of the Supreme Court judges shall not be made by theexecutives (the military); independence of the judiciary shall be instituted; civilian SupremeCourt shall be the highest court of the state; and people shall enjoy the right to seek judicialprotection at any time, including a state of emergency.4. The permanent military tribunals, separated from the oversight of civilian justicemechanism, must be terminated.5. Armed Forces, police, intelligent forces, and other security forces of the state shall beinstituted separately and be placed under the direct command of the democratically electedgovernment.6. The democratically elected government shall protect people against all internal andexternal dangers. Under the command of the democratically elected government, the ArmedForces shall safeguard the Union against external dangers.7. All articles in the 2008 constitution shall be scrutinized and those, which contradict theequality principles, shall be revised.
Part II: Election in 2010 and the Following Period
 
Strategy Objective
 
(1)
 
So long as the 2008 Constitution continues to exist, elections in 2010 and thefollowing period will not be adopted as legitimate elections.(2)
 
Under any circumstances, awareness on democratic election norms will bepromoted.
22
 
Article 445 of the SPDC’s 2008 Constitution
 
 
 3
Work Plan
The following working plan is to be implemented: (1) Promoting three basic freedoms - freedom of expression, freedom of association andfreedom of assembly;(2) Cancellation of draconian laws;(3) Education on electoral systems;(4) Asking for national and international election observers and that of relevant organizations;(5) Raising awareness on democratic election standards;(6) Implementation of Out-of- Country Voting system for migrant workers, refugee andinternally displaced people, and political prisoners;(7) Seeking way for transforming the ethnic armed organizations in accordance with theconstitution and asking for their right to participate in the election.
Part III: Impunity Issue of Burma 
The most problematic and disturbing barrier to genuine democratization in Burma is theexisting culture of impunity.
 Strategy ObjectiveThe campaign to end impunity in Burma, by the name of 
Ending impunity BurmaCampaign
’,
is to be implemented world-wide. Pressure on UN Security Council is to beimposed for the formation of an international commission of inquiry. National awareness raising program
To end impunity in Burma for the long term, in addition to the abovementioned work plans,the following programs should also be implemented.(1) Institutional reform for Armed Forces, Police, Intelligent Forces, Security forces, andJudiciary shall be implemented;(2) Reparation, including reasonable compensation, shall be provided to the victims;(3) Memorial services shall be done for the victims;
Work Plan
To deal with the impunity issue of Burma, in line with the strategy objective, the followingwork plan is to be implemented:

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