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Proposed Work Plan (English Version)


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Proposed Work Plan (English Version)

  1. 1. Proposed Work Plan For 1. Burma’s 2008 Constitution 2. Elections in 2010 and the Following Period 3. The Issue of Impunity in Burma Submitted by Burma Constitutional Conference Conducted by Forum of Burmese in Europe (U.K) Held at London South Bank University (Dec 19-20, 2009) Part I: Burma’s 2008 ConstitutionStrategy ObjectivePressure on the United Nations Security Council (UNSC) will be imposed until it declaresBurma’s 2008 Constitution as null and void.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 1983apartheid-entrenching constitution.[1] 1. 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 "coloured" people and people of Asian origin as well as all insidious manoeuvres by the racist minority regime of South Africa further to entrench white minority rule and apartheid; (or)The 2008 Constitution must be revised by cancelling (a) the impunity provision[2], and (b) other provisions which solidify the rule of the military dictatorship.In order to reject the rule of the military dictatorship to be applied in accordance with theconstitution, Burma’s 2008 Constitution must be revised as follows:
  2. 2. 1. The limitation clauses (or the exception clauses) in the provisions relevant to three basic freedoms -freedom of expression, association and assembly - shall be limited.2. The participation of the military in the various levels of the legislative bodies and the executivesshall be rejected completely.3. Appointment and dismissal of the Supreme Court judges shall not be made by the executives (themilitary); independence of the judiciary shall be instituted; civilian Supreme Court shall be the highestcourt of the state; and people shall enjoy the right to seek judicial protection at any time, including astate of emergency.4. The permanent military tribunals, separated from the oversight of civilian justice mechanism, mustbe terminated.5. Armed Forces, police, intelligent forces, and other security forces of the state shall be institutedseparately and be placed under the direct command of the democratically elected government.6. The democratically elected government shall protect people against all internal and external dangers.Under the command of the democratically elected government, the Armed Forces shall safeguard theUnion against external dangers.7. All articles in the 2008 constitution shall be scrutinized and those, which contradict the equalityprinciples, shall be revised. Part II: Election in 2010 and the Following PeriodStrategy Objective (1) So long as the 2008 Constitution continues to exist, elections in 2010 and the following period will not be adopted as legitimate elections. (2) Under any circumstances, awareness on democratic election norms will be promoted.Work PlanThe following working plan is to be implemented:(1) Promoting three basic freedoms - freedom of expression, freedom of association and freedom ofassembly;(2) Cancellation of draconian laws;(3) Education on electoral systems;(4) Asking for national and international election observers and that of relevant organizations;(5) Raising awareness on democratic election standards;(6) Implementation of Out-of- Country Voting system for migrant workers, refugee and internallydisplaced people, and political prisoners;(7) Seeking way for transforming the ethnic armed organizations in accordance with the constitutionand asking for their right to participate in the election. Part III: Impunity Issue of BurmaThe most problematic and disturbing barrier to genuine democratization in Burma is the existingculture of impunity.Strategy ObjectiveThe campaign to end impunity in Burma, by the name of ‘Ending impunity Burma Campaign’, isto be implemented world-wide. Pressure on UN Security Council is to be imposed for theformation of an international commission of inquiry.National awareness raising programTo end impunity in Burma for the long term, in addition to the abovementioned work plans, thefollowing programs should also be implemented.(1) Institutional reform for Armed Forces, Police, Intelligent Forces, Security forces, and Judiciaryshall be implemented;(2) Reparation, including reasonable compensation, shall be provided to the victims;
  3. 3. (3) Memorial services shall be done for the victims;Work PlanTo deal with the impunity issue of Burma, in line with the strategy objective, the following work planis to be implemented:(1) Seek cooperation of the international human rights organizations such as the InternationalFederation of Human Rights (FIDH), the Amnesty International (AI), Human Rights Watch, theInternational Committee for the Red Cross (ICRC), the International Commission of Jurist (ICJ), etc;(2) Seek support of the International, regional and national legal institutions such as the InternationalBar Association, the Lawasia, the UK Bar Association, etc. in order for them to urge the UN SecurityCouncil to form an International Commission of Inquiry and send it to Burma;(3) Request the International Labor Organization (ILO) to file a case for Burma in the InternationalCourt of Justice (ICJ);(4) Raise impunity and other human rights relating to Burma at the ASEAN IntergovernmentalCommission on Human Rights (AICMR);(5) Support 442 parliamentarians from 29 countries who urged the UN Security Council to form anInternational Commission of Inquiry and send it to Burma (Note: other similar calls will also beincluded here later);(6) Lobby the member states of the UN Security Council;(7) Find information about a citizen or citizens that belong to one of the 110 states that have signed andratified the Rome Statute of the International Criminal Court if there is evidence brought forwardagainst that citizen which show that that citizen has cooperated with and supported the SPDC whichitself has committed international crimes – crimes against humanity, war crimes and violation ofGeneva Convention; and they can be sent to the ICC Prosecutor Office.(8) Find information about the multinational corporations that belong to one of the 110 states that havesigned and ratified the Rome Statute of the International Criminal Court if there is evidence broughtforward against that citizen which prove that that citizen has cooperated with and supported the SPDCwhich itself has committed international crimes – crimes against humanity, war crimes and violation ofGeneva Convention; and implement international campaign against those multinational corporations;(9) Lobby the EU to pay attention to the issue of impunity in Burma, including the implementation ofthe May 22, 2008 EU Parliament Resolution;(10) Request that the UN Secretary General (UNSG) deals with the issue of impunity in Burma fromthe aspect of the international human rights laws and humanitarian laws and to implement theResponsibility to Protect in the case of Burma;(11) Request that the UN Special Rapporteur on the Situation of Human Rights in Burma to submit areport asking for an International Commission of Inquiry to be formed by the UN Security Council;(12) Request the political leaders inside Burma to be mindful that, in order to prevent repeated crimesand seek genuine national reconciliation, state institutions should be reformed and the rights of victimsof crimes be respected;(13) Encourage the Burmese democratic and ethnic organizations existing in various states across theworld to raise the issue of impunity in Burma in their respective states;(14) Send a clear message to the army personnel in Burma that commission of crimes shall cease,individual accountability for those who committed crimes will be sought, and all orders provided by theSenior General Than Shwe and its elite military leaders to commit crimes against international humanrights laws and humanitarian laws must be refused;(15) Systematically uncover the issues of the under age children who are forcefully conscripted by theSPDC army for military service; and, exert efforts to take action on the increasing issues of politicalprisoners who are systematically tortured, oppressed and killed in the prisons by the governmentauthorities; and,
  4. 4. (16) Implement a world-wide letter campaign with the objective that individual citizens, who lovehuman rights, send letters to the UN Security Council in order for that the UNSC forms an InternationalCommission of Inquiry to investigate the international crimes taking place in Burma. 1[1] UNSC Res 554 (15 November 1983) UN Doc A/RES/38/11.[2] Article 445 of the SPDC’s 2008 Constitution