BURMA: DRAFT CONSTITUTION REVEALED AMIDST ABUSES

S E C R E T SECTION 01 OF 02 RANGOON 000234

SIPDIS

SIPDIS

STATE FOR EAP AND IO; PACOM FOR FPA

E.O. 12958: DECL: 04/20/2017
TAGS: PGOV PREL PHUM BM
SUBJECT: BURMA: DRAFT CONSTITUTION REVEALED AMIDST ABUSES


Classified By: Pol Officer Sean O'Neill for Reasons 1.4 (b) & (d)

SUMMARY
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1. (C) We have obtained what appears to be Burmese-language
version of the regime's draft constitution. The draft
essentially restated the National Convention's 104 basic
principles but also granted immunity to the SPDC and ensured
the status quo until the new parliament is convened. On
March 27, approximately 20 people gathered in front of NLD
headquarters in Rangoon for 15 minutes to demonstrate in
favor of a vote "no" campaign. Police observed the small
gathering but did not interfere. Human Rights activist U
Myint Aye was assaulted last night as he waited for a taxi in
Rangoon. He is in the hospital and we are trying to learn
the extent of his injuries. Authorities have arrested two
men in Taunggot, Rakhine State for distributing literature
urging people to vote against the regime's constitution.

DRAFT CONSTITUTION
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2. (C) The British Embassy obtained and shared what appears
to be a Burmese-language version of the regime's draft
constitution (emailed to EAP/MLS, Embassy Bangkok, and ConGen
Chiang Mai). We are seeking to verify the 194-page
document's authenticity. While it looks to be a restatement
of the 104 basic principles published after the National
Convention, we have noticed a few noteworthy differences.
Most significantly, whereas the basic principles provided
that the constitution would come into force after its
approval by a majority of eligible voters, the draft
constitution states the charter will only take effect after
the new parliament is convened. Additionally, the draft
constitution specifically grants immunity to all SLORC and
SPDC members for any "official actions" taken while in
office. Dr. Soe Yin, a member of the constitutional drafting
committee told us he believed an English-language version
would be released soon, possibly before the water festival in
mid-April.


3. (S/NF) The Australian Ambassador told us he had a copy of
the draft constitution but could only pass it to us through
intelligence channels.

SMALL PROTEST
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4. (C) On March 27, approximately 20 people gathered in
front of NLD headquarters in Rangoon for 15 minutes to
demonstrate in favor of a vote "no" campaign. Some of the
demonstrators wore t-shirts and carried pamphlets which bore
vote "no" slogans. NLD spokesman U Nyan Win reported that
the crowd consisted of both NLD members and non-members.
Special Branch police, who are normally posted across from
NLD headquarters, observed but did not interfere with the
gathering. The demonstration was held a little over one hour
before an NLD ceremony to mark Resistance Day, or Armed
Forces Day as the regime calls it. The crowd had completely
dispersed by the time the ceremony began at 1:00 p.m.


MYINT AYE ASSAULTED
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5. (C) Human Rights activist U Myint Aye was assaulted the
evening of March 27. Our sources reported an unknown number
of men in plain clothes attacked him as he waited for a taxi
in Sanchaung township in Rangoon. Neighbors reported U Myint
Aye's family left home this morning and had not returned
since. Our contacts informed us that the human rights
activist was brought to Rangoon General Hospital after the
attack but did not know extent of his injuries. U Myint Aye
is the leader of Human Rights Defenders and Promoters whose
members document human rights abuses throughout Burma. He is
a good and reliable contact of ours and has remained active
in the human rights movement despite the constant threat of

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arrest.

ARRESTS
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6. (C) Taunggot NLD member Moe Naing Soe informed us that
authorities arrested Ko Aung Naing Min and Ko Than Htay on
March 27 in Taunggot, Rakhine State. According to the NLD,
the two men, who are not NLD members, were arrested for
distributing pamphlets urging people to vote "no" in the May
referendum. Police have not yet charged the men, who were
being held at the Taunggot police station. One of the two
men, Ko Than Htay, was arrested in January 2008 for staging a
two-man bicycle protest in Taunggot, but was recently
released.

COMMENT
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7. (C) If the draft constitution we received is genuine, it
confirms our view of the process as a sham. The draft does
not address any of the concerns raised by the pro-democracy
activists or ethnic minorities, including cease-fire groups
who actually participated in the national convention.


8. (C) Since a Burmese draft has been distributed to civil
servants, we have reason to believe the draft constitution we
received from the British to be authentic. Washington can
request the Australians to share their copy as well, as a
check. Then we recommend that the document be distributed
widely to the shortwave radio broadcasters VOA, RFA, DVB, and
BBC to begin intensive public education campaigns about the
proposed constitution. This will reach the greatest number
of Burmese throughout the country, including remote rural
areas. We would also appreciate Washington arranging to
translate the document into English.
VILLAROSA