US embassy cable - 04RANGOON393

UNCLAS E F T O SECTION 01 OF 02 RANGOON 000393 
 
SIPDIS 
 
STATE FOR EAP/BCLTV AND IIP/G/EAP (PRIETO); PACOM FOR FPA 
 
E.O. 12958: DECL: 02/23/2014 
TAGS: PGOV, SCUL, BM, National Convention 
SUBJECT: BURMA'S NATIONAL CONVENTION: INK FOR THE RUBBER 
STAMP 
 
 
Classified By: COM Carmen Martinez for Reasons 1.4 (b,d) 
 
1.  Summary:  Members of the National Convention Convening 
Work Committee demonstrate scant appreciation for the guiding 
principles and mechanics of constitution drafting.  There is 
no indication the planned drafting process will involve 
genuine dialogue, negotiation, debate, or collaboration.  By 
all appearances, the SPDC and their proxies on the Work 
Committee, and not the delegates to a reconvened National 
Convention, will unilaterally address fundamental issues such 
as separation of powers, state and local authority, and 
individual rights.  The role of a reconvened National 
Convention, it appears, will be to simply bless the finished 
product, one that ensures a preeminent governing role for the 
military.  End Summary. 
 
2. On March 25, Emboffs and a PD-sponsored speaker, a senior 
U.S. judge, met with three members of the National 
Convention's "Convening Work Committee."  The committee is a 
35-member group of senior GOB officials, appointed by SPDC 
Chairman Senior General Than Shwe in October 2003, that has 
the nominal task of preparing draft constitutional language 
for a reconvened National Convention.  Chief Justice U Aung 
Toe chairs the committee and at least seven deputy ministers 
are among its members. 
 
3. Our interlocutors from the Convening Work Committee were 
committee secretary U Thaung Nyunt and members Dr. Tun Shin 
(Deputy Attorney General) and Dr. Thaung Nyunt (Ministry of 
Health advisor).  Thaung Nyunt described the committee's 
objective as "formulating and approving the basic principles 
for a new constitution."  He said that potential delegates to 
a reconvened National Convention will be allowed to make 
proposals on the draft constitution, but that the Work 
Committee "will give them the facts," implying that any 
proposal would have to fit a pre-determined framework 
determined by the SPDC. 
 
4. According to the Work Committee members, the GOB intends 
to use the 1993-1996 National Convention, which collapsed 
with inconclusive results, as the starting point for the 
drafting of a new constitution and the reconvening of a new 
Convention.  The National Convention initially had 702 
delegates and, according to Thaung Nyunt, "suffered a number 
of casualties" and concluded with only 543 delegates. (Note: 
A number of political parties, including the NLD, and ethnic 
groups withdrew in protest over a lack of democratic 
practices in drafting a new constitution and were 
subsequently banned from the Convention.  End Note) 
 
5. The Work Committee members said that the 1993-1996 
National Convention had already identified chapter headings 
and 104 "fundamental principles" for a new constitution. 
Furthermore, of the 15 chapters, the suspended Convention had 
already completed work on the "detailed basic principles" of 
the first six, including the State fundamental principles, 
the State structure, the Head of State, the Legislature, the 
Executive, and the Judiciary.  A reconvened National 
Convention, the members said, would not make any changes to 
the chapter headings, to the "progress achieved" on the first 
six chapters, or to the 104 principles. 
 
6. The task of a new Convention, Thaung Nyunt intimated, 
would be simply to sign off on the final nine chapters and on 
the overall constitution.  There will be no voting at the 
reconvened National Convention, he said, "Our job is to avoid 
the disintegration of the Union and our objective is to reach 
a consensus within the Convention."  Thaung Nyunt declared 
that the Convention "will be a success, because we have made 
a considerable effort."   On timing, he would only say that 
an announcement on the reconvening of the National Convention 
would take place "in the very near future." 
 
7. We pressed the Work Committee members to describe steps 
the GOB has taken to address the shortcomings of the 
1993-1996 National Convention, which failed to produce a new 
constitution.  "Res ipso locutor," said the Deputy Attorney 
General, "things speak for themselves and you will see the 
results soon."  We also asked if the Committee had reviewed 
existing constitutions to draw on the experience of other 
countries.  Thaung Nyunt said that the GOB is not ignoring 
other constitutions, but declined to identify any models or 
examples. 
 
Comment: Just Sign On the Dotted Line 
 
8. Many potential delegates to a reconvened National 
Convention have held out hope that the SPDC's "road map to 
democracy" may actually create opportunities for genuine 
dialogue, negotiation, debate, and collaboration in crafting 
a new constitution that addresses fundamental issues such as 
separation of powers, state and local authority, and 
individual rights.  Our conversation with members of the 
Convening Work Committee, which reports directly to SPDC 
leaders, revealed no consideration for such a process. 
9. Key details of several constitutional issues not fully 
addressed in 1993-1996 are still unresolved, including the 
role of the Armed Forces, elections, and the rights and 
duties of the citizenry.  However, the Work Committee views 
the basic principles that address these issues as set in 
stone, including language that states the Tatmadaw (Armed 
Forces) "has the right to independently administer all 
affairs concerning the forces" and "has the right to take 
over and exercise State power" in any undefined emergency 
that "could cause disintegration of the Union."  A reconvened 
National Convention, it appears, will be expected to bless a 
constitution that ensures a preeminent governing role for the 
military. 
Martinez