A/HRC/7/18
page 5
14. On 18 October, the State Peace and Development Council formed a 54-member
Commission for drafting the State Constitution under announcement No. 2/2007.
On 19 February, the Government announced the finalization of the draft constitution.
15. During his mission in November 2007, the Special Rapporteur met with
Brigadier General Kyaw Hsan, Minister for Information, who informed him of the formation of
the constitution drafting commission, the third step in the road map for national reconciliation,
culminating in the finalization of the draft constitution. The Minister stated that the fourth step
would be completed when the majority of the people approved the constitution through a
national referendum. During the fifth step, which is holding general elections, the Minister
informed the Special Rapporteur that everyone would have the right to vote and to be elected,
including those described by the Minister as opposing the 7-step road map. They would also
have the right to establish political parties and launch election campaigns at the appropriate time.
As the sixth step, a new Hluttaw or Government would be formed. The Minister described the
seventh step as a continuing process to build a new democratic State.
16. The Minister informed the Special Rapporteur that the national convention had
managed to adopt the fundamental principles and detailed basic principles that would guide the
drafting of the future constitution. These principles, according to the Minister, guaranteed
justice, freedom and equality in the country for all citizens to enjoy equal rights before the law;
non-discrimination based on race, gender or wealth; and freedom of faith. The Minister also
pointed out that, in accordance with the law, every citizen would have the right to freedom of
speech, expression, peaceful assembly and association. The rights of the ethnic nationalities to
preserve and develop their languages, literature, art and culture were also guaranteed in the
principles. In the new constitution, the State would be made up of seven regions, seven states
(Kachin, Kayah, Kayin, Shan, Chin, Mon and Rakhine), one self-administered division for
Wa nationals and five self-administered zones for Pa-o, Danu, Palaung, Kokang and
Naga nationals. Additional measures would be taken to ensure the enjoyment of the rights of the
minorities, whose populations would lack a self-administered division or a self-administered
zone. Those minorities whose populations represent at least 0.01 per cent of the nation’s total
population would get one seat at their respective region or state Hluttaw.
17. The Government announced on 9 February 2008 that it would hold a referendum on the
new constitution in May 2008 and multiparty democratic elections in 2010. The Special
Rapporteur would like to join the Secretary-General in his call to the Myanmar authorities to
engage without delay in a substantive and time-bound dialogue with Daw Aung San Suu Kyi
and other relevant parties to the national reconciliation process. The Special Rapporteur
reiterates that, for democracy to be sustainable, any draft constitution must be broadly
representative of the views of all the people of Myanmar. He deeply regrets that, despite the
above-mentioned declaration of good intentions, the detention of political opposition leaders
continues. On 13 February, the Special Rapporteur was dismayed to learn that the house arrest of
Tin Oo, 80 years of age and deputy to the General Secretary of the National League for
Democracy (NLD), had been extended for an additional year and that legal provisions in the new
constitution might prevent the General Secretary of NLD, Aung San Suu Kyi, from being a
candidate in the proposed general elections. In October 2007, the Special Rapporteur also
received allegations of the use of force on citizens to participate in pro-Government rallies in
support of the constitutional process.
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