A/HRC/8/12
page 6
between the official announcement of the referendum and 10 May, the date of its holding, raised
deep concerns locally and internationally with regard to the readiness, preparedness, organization
and carrying out of the referendum process. It was widely noted that the schedule fell far short
of ensuring a far-reaching publicity campaign, inclusive of information dissemination,
public-awareness programmes and free debate to enable members of the electorate to make an
informed decision when casting their votes.
12. The atmosphere for a credible, widely acceptable referendum has been, regrettably,
sombre. The calls from world leaders, including the Secretary-General, to the Myanmar
authorities to make the constitution-making process inclusive, participatory and transparent and
to engage without delay in a time-bound dialogue with others, including the General Secretary of
NLD, Daw Aung San Suu Kyi, were not properly heeded by the Government. The Government
relied on a narrow sovereignty interpretation and used this as grounds not to accept the
recommendation of the Special Adviser to the Secretary-General on Myanmar, Ibrahim Gambari,
to invite international observers for the referendum. By inviting international observers, the
referendum process would have been transparent, and the observers could have assisted in
ensuring a free and fair process. The path for the referendum was further challenged by cyclone
Nargis, which struck Myanmar on 2 and 3 May.
13. Despite the cyclone, the Government decided to proceed with the referendum, as had
been announced by the commission responsible for organizing the referendum, in its
statement 8/2008, according to which the referendum would be held, as scheduled, on 10 May, in
all states and divisions, except in 40 towns in Yangon Division and 7 towns in Irrawady
Division, devastated by the cyclone, where the referendum would be held shortly after,
on 24 May. Subsequently, on 8 May, the Secretary-General noted that it might be more prudent
to focus instead on mobilizing all available resources and capacity for emergency response
efforts.
14. The referendum was held on 10 May 2008. Aung Toe, head of the Commission for the
referendum, announced that the draft Constitution had been overwhelmingly approved
by 92.4 per cent of the 22 million eligible voters, pointing out that there had been a turnout of
more than 99 per cent. In the remaining 47 towns, the referendum was held on 24 May.
15. The NLD publicly dismissed the national referendum on the draft Constitution stating that
it had not been inclusive and that it was unclear. It also pointed out that the Government had
failed to discuss the drafting of the new Constitution with the representatives elected in the 1990
parliamentary elections, and that decree No. 5/96 reportedly prohibited criticism of the national
convention and allowed critics to be sentenced to up to 20 years of prison. On 17 May, the NLD
rejected the Government’s claim that more than 92 per cent of voters had approved the draft
Constitution in the first round of the referendum.
16. On several occasions, the Government announced that the referendum and the 2010
elections were two crucial steps on the road to democracy. Such announcements are particularly
relevant in the context of the Universal Declaration of Human Rights. In article 20, it is stated
that “everyone has the right to freedom of peaceful assembly and association” and “no-one may
be compelled to belong to an association”. In article 21, it is stated that “everyone has the right to
take part in the Government of his country, directly or through freely chosen representatives”,
“everyone has the right of equal access to public service in his country”, and that “the will of the
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