17 September 2007

Dear General,

Re: The Constitutional drafting process and the ‘basic detailed principles’ recently outlined by the National Convention

We are writing on behalf of the International Bar Association’s Human Rights Institute (IBAHRI) in connection with the Constitutional drafting process and the ‘basic detailed principles’ recently outlined by the National Convention.

In its role as a dual membership organisation, comprising 30,000 individual lawyers and over 195 Bar Associations and Law Societies, the International Bar Association (IBA) influences the development of international law reform and shapes the future of the legal profession. Its Member Organisations cover all continents. The IBA’s Human Rights Institute works across the association, helping to promote, protect and enforce human rights under a just rule of law, and to preserve the independence of the judiciary and legal profession world wide.

The IBAHRI has recently received a number of reports indicating that the drafting process of the basic detailed principles recently adopted by Myanmar’s National Convention do not respect the fundamental principles of the rule of law. The ‘basic detailed principles’ are intended to serve as a basis for Myanmar’s new Constitution. Reports indicate that the drafting process and the ‘basic detailed principles’ affect the independence of a number of Myanmar’s key institutions, including the judiciary.

Specifically, it's alleged that the drafting process for the ‘basic detailed principles’ was conducted in a manner that excluded the majority of the population, as well as political parties. It is also reported that those who were permitted to attend and comment on the drafting sessions were not able to freely express their concerns or to contribute democratically to the process. Furthermore, many of the suggestions that were received from members of civil society were seemingly ignored. Ultimately, reports indicate that the ‘basic detailed principles’ reinforce military rule, reserving 25 per cent of seats in parliament for military appointees, thus ensuring the continued primacy of the military in Myanmar’s government. If the above allegations are correct, it appears that the fundamental principles of the rule of law have been seriously compromised.

The IBAHRI joins Ibrahim Gambari, United Nations envoy to Myanmar, in calling on Myanmar’s authorities to reopen the discussions around the drafting of the new constitution and to ‘improve the outcome of the convention in ways that are more inclusive, participatory and transparent’. In this regard, we would like to remind you of the importance of respect for the rule of law and the fundamental freedoms guaranteed to all by the Universal Declaration of Human Rights.

While commending Myanmar’s ratification of the United Nations’ Convention of the Elimination of all Forms of Discrimination against Women and the Convention on the Rights of the Child, the IBAHRI further calls on Myanmar to ratify all international human rights instruments, in particular the International Covenant on Civil and Political Rights, the International Covenant on Economic Social and Cultural Rights, the Convention on the Elimination of Racial Discrimination and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

Finally, the IBHARI urges the government of Myanmar to take the necessary steps to ensure that that the drafting process of a new Constitution for Myanmar respects the principles of the Rule of Law and provides for the protection of fundamental human rights of Myanmar citizens, in accordance with international standards.

We look forward to your urgent response.

Yours sincerely,

Ambassador Emilio Càrdenas                             
Justice Richard J. Goldstone
Human Rights Institute Council Co-Chairs