1
A Critique of the SPDC Constitutional Principles
This paper provides a critique of the proposed constitution that has emerged from the National Convention process in Burma (Myanmar).2 The Constitution will be referred to as the ‘SPDC Constitutional Principles’, on account of the fact that the military junta, the self-claimed State Peace and Development Council (SPDC), has dominated the drafting of this constitution and sidelined all other political voices.
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Posted on 9 August 2012
2
Constitutional Environmental Principles
A seminar on the Constitutional Protection of the Environment in Burma was held at Thammasat University, Bangkok, Thailand, from the 28th to the 30th July, 1997. The seminar was organised by Forum Asia, Images Asia, Union for Civil Liberty, and the Burma Lawyers Council. In atten- dance were delegates from various democratic ethnic nationality organi- sations from Burma, and legal and non-legal environmental experts from Thailand, Japan, the United States, Netherlands, Australia and New Zea- land.
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Posted on 9 August 2012
3
A Brief Analysis on SPDC's Constitutional Principles
The future constitution has become the core issue in the politics of Burma. Ironically, the ardent violators of the Constitution have retrieved it and brought the issue of the Constitution back to life. In the coming months, and in terms of resolving the political crisis, it is destined to be our top priority. For what it is worth, BLC has made a collective attempt to project its humble view. The primary objective is to encourage an open debate as to the design and the provisions of the new constitution. In exerting efforts to produce a constitution, there exist two pivotal issues. One is in respect of the constitution making process; and the other is the type of constitution that the framers would like to create. The former highlights the importance of the participation of the people and the role of the legitimate framers to draw up a constitution. The latter involves scrutinizing the essence of the constitution, on whether it will lay down the foundations for the emergence of a democratic state or one that is authoritarian.
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Posted on 13 August 2012
4
Analysis of the SPDC's Constitution from the Perspective of Human Rights
A constitution that reflects the will of the people, addresses the underlying issues of the respective state, fulfills the particular needs of society and is underpinned by equality before the law, can be valued as the supreme law of any respective state, which will lay down the foundation for the rule of law. However, the constitution, drawn up and approved forcefully by the military junta, known as the State Peace and Development Council (SPDC), in Burma in May 2008, has never had these qualities.
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Posted on 13 August 2012
5
Gender Analysis of the SPDC’s Constitution By Women’s League of Burma
In September of 2007, after more than a decade of intermittent meetings, the National Convention finally finished its work. This Convention was organized, directed, and controlled by the ruling military junta in Burma, the State Peace and Development Council (SPDC). Most of the pro-democracy groups were either banned from the Convention or refused to participate. The result of the Convention was a very long document entitled “The Fundamental Principles and Detailed Basic Principles.” This document was then handed over to a drafting committee for the process of producing a constitution closely based on these principles. That constitution differs slightly in format from the original principles, but does not alter their substance in any meaningful way.
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Posted on 13 August 2012
6
The National Defense and Security Council
'The National Defense and Security Affairs Committees' and other 'Affairs Committees' usually exist in the legislatures such as Congress, Parliament, Diet, Assemblies and etc. in democratic countries. Such committees primarily play supervisory roles. However, they never assume executive power.
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Posted on 13 August 2012
