Monday, March 17, 2008

The provisions (articles) omitted in SPDC's Constitutional Referendum Law

The provisions (articles) omitted in SPDC's Constitutional Referendum Law

Comparison of the laws

Sr. SPDC's Referendum Law 2008 International Laws
1 SPDC not yet published. They should publish adequate copies for the eligible voters for their study as soon as possible.
published 500,000 copies of draft constitution for 25 million voters in Congo i.e. a copy for every 50 voters
2 Right to free speech and movement of political parties on constitution draft explaining to the voters and the people.
SPDC doesn't allow it and prohibit under section 24(b) in Chapter 10 Referendum Law which carries imprisonment not exceeding 3 years.

According to international standard, public propaganda is allowed until 24 hours before voting started.
3 This provision is not included in SPDC's Referendum Law. Voting is NOT mandatory in international standard clearly prescribed in 'Way and Voting on a Referendum' Chapter which says 'The citizen cannot be called for on responsibility for voting on a referendum'.
4There is no provision in SPDC's law. There is a provision to include the voting instruction written on ballot papers.
5There is no such a provision in SPDC's law. There is a provision to assist illiterate and handicapped persons in voting allowing to accompany them a person and to assist them by polling station officials.
6 The SPDC cleverly evaded such provision, not at all in their law omitting any time frame. Sending of ballot boxes (papers) to different levels of commission and counting procedure will be conducted at snail's pace. In some cases, the ballot papers will be counted collectively on deferred date, which seemingly give the authority a chance to replace the ballot boxes intentionally.
There must be provision of 'Time Frame' in 'Deciding on referendum result' Chapter. In the referendum law of Macedonia which recently got independence, there is a provision which says to send the minutes and counting to different levels of higher referendum commissions and Central Commission within 24 hours and the Central Commission has to announce the result within 48 hours from voting concluded.
7 The SPDC's law threatens the voters with 3 years let alone protecting the voters. There is a 'Safeguarding the right to vote' Chapter in international referendum laws. Under this chapter, the voters have right to lodge complaint to referendum commission against the polling stations officials on their irregularities and injustices in voting and counting. The commission must decide on complaints within 24 hours from receipt of the complaints. The voters have right to appeal to regional commission if they do not satisfy with the judgment on their complaint decided by original commission. The higher commission (court) must give their judgment within 48 hours which protect the voters from rigging and injustices unleashed by the polling station officials.
8 This was not found in BSPP era and no hope in SPDC era too.
It is very important in multi-racial, multi-language country of Burma.
The draft constitution copies must be published in other languages of all races and tribes besides the official language. For instance, in Congo, the draft constitution copies were printed in other 4 African tribal languages besides the official language, French.
9 There is no such provision in SPDC's referendum law, how to approve the draft constitution, omitting the most important provision. There is no clear provision in their law, how to approve their draft, say, 50% of total eligible voters or 50% of total votes cast.
The quorum for approving the draft is prescribed clearly in international referendum laws, some with 50%, and some have 60% of total eligible voters.

.... the rest of the template goes here...

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