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Burma: United Nations Security Council (UNSC) Must Declare Burmese

Junta’s 2008 Constitution as NULL and VOID

26 January 2010

Global Action for Burma (GAB) today calls for United Nations Security Council
(UNSC) to declare the unilaterally adopted Burmese junta's 2008 sham constitution,
which is designed to legitimize military rule permanently in Burma, as NULL and VOID.

The very junta who is ruling the country held the election in 1990 in which Aung San Suu
Kyi’s party, National League for Democracy (NLD) won landslide victory but until now the
results are still yet to be honored. Instead of honoring the elections of 1990 results, junta
drafted the constitution unilaterally which legitimize the military rule in Burma and now
again planning to hold sham election in 2010.

Aung San Suu Kyi and her party the National League for Democracy (NLD), the
unanimous victors of the 1990 election, clearly stated their position in the “Shwe- Gone-
Dine” Declaration that need to place in order to have true national reconciliation i.e. to
Review 2008 Constitution and to recognize 1990 election result.

Junta has been ignoring the voices people of Burma and going ahead unilaterally to
entrench military dictatorship in Burma permanently. The junta’s planned 2010 election is
only a charade designed to legitimize the military dictatorship within Burma.

Global Action for Burma (GAB) http://www.gabforburma.info/


Before we could possible address the junta’s proposed 2010 election we must address the
validity of the recently adapted constitution. Drafted by the junta, this document is far
from credible or constitutional. Free, fair and all inclusive is not what this document
represents.

The International Community should be aware of the hopelessly irreconcilable contents of


the constitution that was adopted in 2008. The referendum was ushered into existence
under questionable conditions including extortion and rigged ballots.

We would like to draw particular attention on these points:

1. The Junta gave itself amnesty from the crimes against humanity it has
perpetrated throughout Burma during their reign of terror.
2. The Military regime systematically took 25% of the parliamentary seats. The
military commander in chief was also given absolute authority to dissolve the
parliament at any time effectively neutralizing the voice of the people.

Giving the military junta 25% of the parliamentary seats, unbridled authoritarian control
and a self serving amnesty for the crimes against humanity were truly not the will of the
Burmese people. Legitimizing the criminal regime was also not the will of the people and
this is incomprehensible and totally unacceptable to the Burmese people.

The essence of the 2008 Constitution is to guarantee impunity indefinitely and the 2010
election will implement it. Therefore, we call for United Nations Security Council (UNSC)
to declare the unilaterally adopted Burmese junta's 2008 sham constitution, which is
designed to legitimize military rule permanently in Burma, as NULL and VOID.

Notes to Editor:

It is reasonable to request the nullification of the 2008 Constitution by the UN Security


Council. Precedence for such a move can be found in UNSC Resolution 554 regarding
South Africa’s 1983 apartheid-entrenching constitution1.

1UNSC Res 554 (15 November 1983) UN Doc A/RES/38/11.

Global Action for Burma (GAB) http://www.gabforburma.info/


1. UNSC 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 validity whatsoever and that the enforcement of the "new
constitution" will further aggravate the already explosive situation prevailing inside
apartheid South Africa.

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 "colored"
people and people of Asian origin as well as all insidious maneuvers by the racist
minority regime of South Africa further to entrench white minority rule and
apartheid.

For more information, please contact:

Mr. Myo Thein, Global Action for Burma (+44) 208 493 9137
Col. Sai Myo Win Htun, Global Action for Burma (+66) 835 82 3490
Mr. Ko Ko Aung, Global Action for Burma (+81) 090 1506 2893
Mr. Htun Htun, Global Action for Burma (+1) 501 334 9997
Mr. Sai, Global Action for Burma (+1) 510 415 2289

Global Action for Burma (GAB) http://www.gabforburma.info/

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