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SNLD's letter to Gen Than Shwe



	Although Slorc is repeatedly claiming that so-called National
Convention is going well for the future constitution in Burma, there are
some dissatisfaction among the participants in the process of drafting
constitution.  The lack of democratic procedure and structure can be
clearly seen during the draft constitution. For example, the
administration of districts and townships will be through appointed
government servants and no through elected representatives. Having the
higher governing bodies composed of elected representatives while the
lower ones are composed of appointed government servants indicates a clear
lack of consistency. In response to this, U Khun Htun Oo, Chairman of the
Shan National League for Democracy submitted a letter asking to refrain
from laying down basic principles that will be detrimental to national
Solidarity regarding the regional administration in the on-going National
Convention.
	The following is the full text of letter dated March 25, 1996
signed by U Khun Oo to General Than Shwe. 

ABSDF (DAWN GWIN)


Shan National League for Democracy
Head Quarters Office
RE 036/Ya Ta Da Pha/ Admn/96
25th March 1996

To,
Senior General Than Shwe
Chairman
State Law and Order Restoration Council
Union of Burma

Subject: To refrain from laying down basic principles that will be
detrimental to National Solidarity regarding the regional administration
in the on-going National Convention. 

(1) It is our understanding that Slorc and the people of Burma are eager
to achieve a solid, strong and long-lasting National Constitution. In like
manner, SNLD, a political party, wishes strongly for the emergence of a
constitution which is just, reliable and acceptable to all nationalities.
In accordance with this strong wish, SNLD has been constructively
participating in the National Convention. 

(2) the Chairman of the National Convention himself has emphasized: 
Drafting a Constitution is a very grave and delicate matter, and we cannot
afford to allow even the slightest mistake. If a person errs, it is easy
to remedy the error. But if the Constitution is defective and inadequate,
there will be great repercussion and adverse effect on the entire nation
and the people. We are now at an extremely delicate and grave juncture. To
maintain National Solidarity it is necessary for all nationalities to
espouse genuine love and mutual respect, to be able to elect real
representatives at all levels in their respective regions, to be able to
create an atmosphere that allows for the survival and growth of justice,
freedom and equality. We will need to put our heads together to discuss
the laying down of basic principles for a constitution, a legislative
system, and administrative system and a judicial system that embody
justice, freedom and equality. 

(3) However, the Chairman of the Working Committee in his explanation with
regard to the constitution has said that the administration of districts
and townships will be through appointed government servants and not
through elected representatives.  SNLD has already pointed out twice that
these administrative posts should be filled by peoples representatives
elected through secret ballots. In like manner, several National
Convention delegates have voiced the same idea. 

(4) in addition, basic principles have been laid down for the composition
of the highest organs- the legislative, the executive and the judiciary-
with representatives elected by the people. However, having the higher
governing bodies composed of elected representatives while the lower ones
are composed of appointed government servants indicates a clear lack of
consistency. It is also unsystematic. In other words, some democratic
links are missing. This contrary to the avowed aim of mullet-party
democracy.  Besides, it is in conflict with one of the basic principles
that have been laid down: State authority is derived from the citizens and
remains with the entire nation. Giving some government servants
administrative power while depriving others of it can cause disunity among
them.  Only elected representatives should be vested with administrative
power.  Even in the BSPPs 1974 constitution, township organs of power were
composed of elected representatives directly elected by the people. Only
if elected representatives are vested with the administrative power will
power lie with the persons responsible to the people. 

(5) If administrative power were to given to the government servants, the
role of ethnic nationalities will be overshadowed and this ill have a
adverse effect on national solidarity.  If national solidarity is
impaired, other objectives will also be in danger. This is in conflict
with the basic principle of division of power between the Union and the
States and Divisions. A botanical garden with only one variety of flowers
will not be as beautiful as it should. Only if all ethnic nationalities
are permitted to manage their own affairs will the Union garden be
pleasant and beautiful, and only then will there be justice. 

(6) Only if the regional administration is in the hands of the peoples
representatives elected by the respective local people will it be in
accordance with the speech of the Chairman of the Commission: To maintain
national solidarity, it is necessary for all nationalities to espouse
genuine love and mutual respect, to be equal under the law, to be able to
elect real representatives at all levels in their respective region. We
will need to put our heads together and discuss the laying down of basic
principles for a constitution that embodies justice, freedom and equality. 

(7) In submitting our above-mention views to the Chairman of Slorc, we
have not the slightest intention to injure anybody. We have done this out
of genuine desire or a just and long-lasting constitution. Since our
country is wedged between two most populous nations we understand that it
is of paramount importance that there is national unity in the Union of
Burma. 

(8) hence, we, the SNLD ardently and in all honesty, request the Chairman
of Slorc to issue guidelines not to lay down principles that will pave the
way for government servants to be appointed as regional administrators,
but to adopt the ones that allow only representatives elected by the local
people to govern their own regions. 


signed
Chairman 
Shan National League for Democracy
Rangoon.

cc. 1. Chairman National Convention, Kyaikkasan Ground, Rangoon.
2. Chairman National Convention Working Committee, Kyaikkasan Ground. 
Rangoon.
3. Office copy.