The Ethnic Nationalities Council (ENC) expresses our deepest sympathy and condolence to the victims of Cyclone Nagris, in which more than 15,000 people were death and it is feared that the death tolls may be higher.
 

The current political crisis in the Union of Burma is not just a common ideological conflict, rather it is a constitutional problem instigated by failing to implement the Panglong Agreement signed by General Aung San and leaders of ethnic nationalities on February 12, 1947.
 

Constitution is a covenant between the people, who have Sovereign Power of the country and the government, which govern the country on behalf of the people. In other word, it is a contractual agreement between both the government as ruler and the people as being ruled.
 

The SPDC is planning to hold a referendum to adopt the constitution that has written without the participation of the people’s representatives. Ignoring the people’s role is an insult to the people, who own the sovereign power of the country.
 

The effort of writing and ratifying a constitution unilaterally by a clique of military dictators without the desire of the people is nothing other than trying to protect the military dictatorship by means of constitution.
 

The attempt to protect the military dictatorship by means of a constitution is a breach to the “Panglong Agreement.” It is an act of diversion from General Aung San’s principles and the Union’s spirit. It is an attempt by the military cliques, who held a “Burmese Chauvinism,” as a systematic strategy to annihilate the non-Burman ethnic nationalities in the Union.
 

The attempt to adopt a constitution to lengthen the military dictatorship will escalate more problems to the political crisis of the country. It will also lengthen the 60 year long civil war caused by breaching the self-determination rights of the ethnic nationalities. It will increase political oppression, economic recession, and social crisis including all kinds of human rights violation.
 

Therefore, we would like to urge all citizens including students, youth, monks, etc. who esteem democracy, human rights, equality and peaceful co-existence among all nationalities, to vote against the coming SPDC’s referendum by casting an absolute ‘Vote No’.

The Ethnic Nationalities Council (ENC) believes that political crisis in Burma is not just ideological confrontation between military dictatorship and democracy but a constitutional problem rooted in the denial of the rights of ethnic nationalities who joined the Union of Burma as equal partners in 1947 at Panglong Conference.
 

The Ethnic National Council and other democratic forces have drafted a new constitution of “Federal Republic of the Union of Burma” based on the spirit of “Panglong” and fundamental principles of democracy, equality and justice. A draft constitution also provides guarantees for collective rights of ethnic nationalities, human rights and gender equality, minority rights for all religious and ethnic groups, and the separation of politics and religion.
 

The SPDC announced that they will conduct a referendum in order to adopt a new constitution, which has drawn up in accordance with its 7 Steps Road Map. If the SPDC wants to peacefully implement its Road Map, it needs to consult widely with the ethnic nationalities, democratic forces, and ceasefire and non-ceasefires armed groups. However, the SPDC’s 7 Steps Road Map and its constitution process are not inclusive nor does it reflect the spirit of national reconciliation. The whole purpose of the SPDC constitution is to legalize the military dictatorship through constitutional means.
 

For the sake of the country and the people, and also for starting national reconciliation and establishing peace, the Ethnic Nationalities Council (ENC) proposes the following points:
 

that a broad-based “Constitutional Review Commission” be formed as proposed by Mr. Gambari, UN Secretary-General Special Envoy for Burma, in October 2007, to review two draft constitutions prepared, one by the Federal Constitution Drafting and Coordinating Committee (FCDCC) on behalf of ethnic nationalities and democratic forces, and another one by the State Peace and Development Council (SPDC) at its National Convention.
 

that the Constitution Review Commission invites the main stakeholders of the Union of Burma, namely the SPDC, the 1990 election winning party led by Daw Aung San Suu Kyi, and Ethnic Nationalities for a tripartite consultation meeting in order to make necessary compromise and give-and-take through negotiation.
 

that the role of armed forces in the future Union of Burma, a democratic transition, and the right of ethnic nationalities through a federal arrangement be included in the tripartite consultation meeting;
 

that a transitional authority be formed by the SPDC, the 1990 election winning party led by Daw Aung San Suu Kyi, and ethnic nationalities based on the result a tripartite negotiation.
 

For the sake of peace and stability not only in Burma but also in the region, we request the international community, especially our neighboring countries, including China, India and ASEAN, to mediate a tripartite negotiation among the SPDC, the 1990 election winning party led by Daw Aung San Suu Kyi and ethnic nationalities.
 

If the SPDC rejects our proposal, we will have no choice but to call on the people of Burma to reject the SPDC’s constitution at its referendum in May 2008.

Press Release

(Statement No. 12/2007)

9 November 2007

“Ethnic Nationalities Council welcomes Daw Aung San Suu Kyi's Statement”

The Ethnic Nationalities Council (ENC) warmly welcomes Daw Aung San Suu Kyi's statement, which was released by Mr. Gambari, the UN Secretary-General's Special Advisor for Burma on 8 November 2007.

The ENC Chairman Saw Ba Thin said, “Her statement reflects the Panglong Spirit---the spirit and principle on which the Union of Burma was founded in 1947 by her father, General Aung San, and ethnic leaders”.

Daw Aung San Suu Kyi clearly pointed out “the need for solidarity and national unity”, and highlighted her willingness to work with “as broad a range of political organizations and forces as possible, in particular those of our ethnic nationality races.”

The ENC Chairman echoes her statement, saying, “From the very beginning, the ENC expressed our willingness to work with all the stakeholders in Burma, for the sake of solving the political crisis through a negotiated-settlement and end more than five long decades of civil war, in which we, the ethnic nationalities, are the main victims”.

The ENC also welcomes the meeting between Daw Aung San Suu Kyi and General Aung Kyi, and expects along with Daw Aung San Suu Kyi that “this phase of preliminary consultations will conclude soon so that a meaningful and time bound dialogue with the SPDC leadership can start as early as possible”.

The ENC strongly believes that the best means to solve political crisis in Burma is through a “tripartite dialogue” amongst the SPDC, the 1990 election winning party led by Daw Aung San Suu Kyi and ethnic nationalities, as called for by the United Nations General Assembly's resolutions since 1994 and reaffirmed also by the United Nation Security Council's Presidential Statement on 11 October 2007.

The ENC congratulates Mr. Gambari, the UN Secretary-General's Special Advisor, for undertaking this difficult mission but regrets that the SPDC Chairman Senior General Than Shwe did not meet with him during his latest visit to Burma.

The ENC is disappointed that the SPDC rejected Mr. Gambari's proposal for the establishment of “a broad-based constitutional review commission and a broad-based poverty alleviation commission”. However, as the talks between Daw Aung San Suu Kyi and General Aung Kyi progress, the ENC hopes that the SPDC will change its position.

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ENC recognize that Daw Aung San Suu Kyi is not only the official General Secretary of the NLD but also the leader who has been struggling relentlessly to gain democracy for the entire people.
 

ENC also recognize Daw Aung San Suu Kyi as a leader of the democratic movement, non-violent resistance and world acclaimed leader.
 

ENC as political force born out of successive seminars of the ethnic nationalities, reaffirm our commitment to cooperate with the democratic forces in accordance with Mae Tharawta Agreement, concluded in the year 1997.

ENC will continue to lobby for international support for the emergence of tripartite dialogue on Burma as called for by the UNGA.
 

The ENC position is to solve political crises in Burma through political means and negotiated-settlement.

The Ethnic Nationalities Council (Union of Union) warmly welcomes the decision on the political crisis of Union of Burma to put up in the United Nations Security Council (UNSC) agenda, after the closed-door discussion on September 15th, 2006.
 

In September 2005, the Ethnic Nationalities Council (Union of Burma) issued a statement that warmly welcomed effort by former Czech President Vaclav Havel and Archbishop Desmond Tutu of South Africa to have the UNSC to take action on Burma.
 

The Ethnic Nationalities Council in October 2004 also welcomed a similar call by the United States of America. The Ethnic Nationalities Council called on the other Permanent Members of the Security Council - China, France, Russia and the United Kingdom, to also endeavour to put the case of Burma on the Security Council agenda.
 

Given the difficulties that the Union of Burma is today facing, the Ethnic Nationalities Council believes that it is appropriate for the UN Security Council to consider the case of Burma. The problems in Burma today are no longer its own internal affair. They are becoming international problems, be they the violation of human rights, the fifty-year-old civil war, or the political, economic and humanitarian problems in Burma - especially the issues of drug trafficking, HIV-AIDS and other infectious diseases spreading across Asia, the hundreds of thousands of refugees, illegal migrant workers in neighbouring countries, etc. They are becoming regional and international problems. To solve these problems it is crucial that the international community, especially UN Security Council, is involved.
 

Therefore, in order that the international community might be able to help resolve the problems of the Union of Burma, it is believed that a decision taken by United Nations Security Council (UNSC) has been a signification step to resolve a long-standing political crisis in the Union of Burma.
 

The Ethnic Nationalities Council calls on our neighbours - China, India, Bangladesh and the ASEAN nations, to assist in this effort to bring Burma to the Security Council. The ENC would like also to request China not to use its veto power when the case of Burma is submitted to the UNSC
 

The Ethnic Nationalities Council further calls on the ruling State Peace and Development Council to consider the welfare of the people of Burma before its own interests. The inclusion of all parties in the political process and the reconciliation of differences will go a long way in resolving the problems of Burma, preserving the role of the Tatmadaw and preventing Burma from becoming an international spectacle.
 

The Ethnic Nationalities Council is a body founded by the ethnic nationalities of the Union of Burma in order to be able to resolve the political problems we face by political means. Therefore, the Council welcomes the decision to put Burma on the agenda of the United Nations Security Council. We trust that this will further lead to a 'Tripartite Dialogue' - the military, democracy advocates and the ethnic nationalities - and we declare that we will continue to work towards such a solution.

The Ethnic Nationalities Council (Union of Burma) warmly welcomes effort by former Czech President Vaclav Havel and Archbishop Desmond Tutu of South Africa to havethe UNSC to take action on Burma.
 

In October 2004, the ENC issued a statement vigorously supporting a similar effort bythe United States of America. The ENC would like to earnestly request governments of Britain, France, Russia and China, permanent members of the UNSC, to make acomparable effort.
 

The effort to submit the case of the Union of Burma which has been facing increasing and nationwide problems, to the UNSC is an especially relevant one, because the severe problems the country has to face nowadays are no longer ordinary domestic problems but international ones. In addition to serious human rights violations, the political, economic and social problems that have sprung up together with the overfive- decade long civil war – especially the problems of narcotic drugs, HIV/AIDS, infectious diseases, thousands of refugees, illegal immigrant workers and black-market economy – have spread beyond the borders of the Union of Burma to neighboring countries and the greater part of Asian region. It is vitally necessary that a multilateral effort be made to resolve the problems.
 

Accordingly, we would like to request the international forces – particularly China, India, Bangladesh and ASEAN countries – to make a multilateral effort. We would like also to request China not to use its veto power when the case of our country is submitted to the UNSC.
 

The ENC is a council composed of various ethnic nationalities which have been endeavoring to resolve political problems of the Union of Burma by political means. For that reason, we sincerely support the move to submit the case of the Union of Burma to the UNSC and declare our intention to continue our effort for theemergence of “Tripartite Dialogue”.

Sixty-two delegates from the political organizations that founded the Ethnic Nationalities Council, and invited youth and women delegates participated in the Conference.
 

The Conference agreed to reconstitute the Ethnic Nationalities Council and base its representation along States lines. Given the current political situation, the Conference also decided to include representatives from the National Democratic Front and the United Nationalities League for Democracy (Liberated Area) in the Council.
 

The Conference reaffirmed that the best way to resolve the current political crisis in the Union of Burma is through a political solution - a face to face dialogue. The Conference also reaffirmed that the 'Tripartite Dialogue' as called for by United Nations General Assembly in 1994, is the solution.
 

The Conference established that while the ethnic nationalities have seriously called for and prepared for a tripartite dialogue, the SPDC military regime has absolutely refused to enter into a dialogue. Instead of engaging in a political dialogue with the ceasefire groups who were fully prepared to negotiate, the SPDC using its military might is subjugating them and making them surrender their arms. The SPDC is also increasingly causing conflict between different ethnic nationalities.
 

The Ethnic Nationalities Council will continue to work towards a Tripartite Dialogue as called for by the United Nations General Assembly and to work towards establishing a genuine federal Union of Burma. The ethnic nationalities will also together continue to resist the SPDC regime's use of its armed might and violence to pressure the ethnic nationalities into submission.
 

The Conference calls for the release of democracy leader Daw Aung San Suu Kyi and Hkun Htun Oo who is one of the ethnic nationalities leaders, and all political prisoners who have been unjustly detained.
 

In order to resolve the political, economic and social crises that the people of the Union of Burma, including the family of military personnel, are facing and to also gain international acceptance, the Conference once again calls on the SPDC to accept that the solution is a tripartite dialogue and to as soon as possible initiate national reconciliation through a dialogue.

Does not include the political parties that won the 1990 general elections. Their leaders are in fact under detention;

Does not reflect the aspirations of the ethnic ceasefire groups who have repeatedly called for a dialogue on the future of Burma. Some of their leaders have been detained;

Procedures are not democratic or transparent. The delegates to the National Convention are not allowed to freely and openly debate the constitutional principles proposed by the SPDC. It is also illegal to discuss the constitution outside the National Convention.

Amend the procedures of the National Convention to allow free and open debate on the constitutional articles proposed by the SPDC;
 

Allow the ethnic ceasefire armies to freely organize and to participate in the constitution drafting process;
 

Conclude ceasefires with the remaining ethnic armies and allow them to participate in the constitution drafting process;
 

Rescind SPDC Law No.5/96 and allow the public to openly debate provisions of the new constitution;
 

Allow the international community especially ASEAN to observe the National Convention, the proposed referendum for the new constitution, and the projected general elections under the new constitution;

The Ethnic Nationalities Council held a strategy consultation with its member organizations from 28 to 30 October 2004 on the Thai-Burma border.
 

The consultation reviewed the situation after the removal of Prime Minister General Khin Nyunt of the State Peace and Development Council; the SPDC’s National Convention; the possibility of a Tripartite Dialogue; the question of putting the Union of Burma on the agenda of the United Nations Security Council; and other matters;
 

The removal of Prime Minister General Khin Nyunt of the State Peace and Development Council is the result of an internal power struggle, which is common in military dictatorships. The change does not represent a change in policy of the SPDC, whose goal is to perpetuate military rule;
 

The SPDC regime will continue to consolidate its power by attempting to legitimize its rule through the current National Convention to draft a constitution. It will not deviate from the 6 objectives and 104 articles that have been adopted to date
 

The Ethnic Nationalities Council believes that its compatriots from the cease-fire groups who had to participate in the National Convention because of their circumstances, will stand firm in their original efforts which would have contributed towards the building of a democracy and genuine federal system of government;
 

The Ethnic Nationalities Council welcomes the resolutions passed by both Houses of the US Congress calling on the United States Government to put the Union of Burma on the agenda of the United Nations Security Council;
 

The Ethnic Nationalities Council will work to the best of its abilities to put the Union of Burma on the agenda of the United Nations Security Council;
 

The Ethnic Nationalities Council also reaffirms that its strategy is to achieve its objectives through a ‘Tripartite Dialogue’ to find political solutions to political problems;
 

The Ethnic Nationalities Council calls on the European Union not to accept Burma as a member in the upcoming ASEM (Asia Europe) meeting in Hanoi in October 2004.
 

To do so without any political reforms by the ruling State Peace and Development Council (SPDC), or meeting any minimum human rights standards, would be tantamount to promoting a culture of impunity and a total disregard for the rule of law. Democracy and human rights are the two basic values dear to the heart of every citizen of the European Union, especially eight of the ten new member nations. They themselves have only recently freed themselves from tyranny.
 

The Ethnic Nationalities Council also calls on the Asian partners of ASEM to urgently work with the European Union to bring about concrete political change in Burma.
 

In 1997, ASEAN welcomed Burma as a member with open arms. The reasoning was that as a member, the SPDC will moderate its worse tendencies. This did not happen. The SPDC interpreted membership as a license to strengthen its hold on power. Once again, ASEAN is hoping that as a member of ASEM, the SPDC will change. This will not happen. The SPDC will not change because the Burmese military believes that it has a right to rule; because it believes that the international community is impotent; and because Burma under the SPDC is fast becoming a failed state. Even the military's chain of command is beginning to fail. ASEAN, China, Japan and South Korea cannot afford to have a failed state in its ranks. ASEM must help the people of Burma to prevent the country from disintegrating.
 

The Ethnic Nationalities Council still believes that a tripartite dialogue amongst ethnic nationalities representatives, democracy advocates led by Daw Aung San Suu Kyi, and the military junta is the best way to resolve Burma's problems.
 

The 25 plus million peoples of the Arakan, Chin, Kachin, Karen, Kayah (Karenni), Mon, and Shan States of the Republic of the Union of Burma founded in 1948, live in fear for their lives daily. They can be forced by the army to move from their homes at anytime. The penalty for disobeying is death. They can be forced to work for the military without any compensation at anytime. Their wives and daughters can be raped by army personnel with impunity at anytime. They cannot teach their own languages in schools. They cannot travel freely in their own homelands. They have no access to adequate health care. The list is endless. But in spite of these conditions, the Ethnic Nationalities Council believes that a political solution must be found.
 

Our compatriots from the cease-fire groups who attended the National Convention in May 2004 have made positive recommendations to the SPDC but they have been ignored. We also proposed a detailed road map in September 2003 as a recommendation to enable the SPDC to bring about a transition to democracy but this too was ignored. Even the 'peace talks' with the Karen National Union started in January 2004 have stalled. The SPDC will not implement real reforms without a compelling reason to change the status quo. ASEM now has the opportunity to provide the reason.

Objective No.6 of the National Convention (military role in politics) is not compatible with democracy. It should be discussed and revised;
 

The 104 Articles adopted by the previous National Convention that are not compatible with democracy should be discussed and revised;
 

While the National Convention is in progress, the delegates must be able to freely meet and consult with all individuals and groups that have recommendations that will benefit the Union f Burma;
 

While the National Convention is in progress, the delegates must be able to freely communicate, discuss and exchange ideas with their mother organizations;
 

All the Members of Parliament elected by the people in the 1990 elections should have the right to participate in the National Convention;
 

Only cease-fire groups that represent their people, should be allowed to participate in the National Convention. Peace with the non-cease-fire groups should be concluded as soon as possible so that they can participate in the National Convention;
 

Law No.5/96 that was enacted on 7 June 1996 to protect the 1993-96 National Convention, should be repealed.

Welcome the UN Special Envoy for Burma Ambassador Razali back to Burma as soon as possible.

The Ethnic Nationalities Council was established on March 12, 2004, in accordance with the decision of the 3rd Ethnic Nationalities Seminar, which was held from 28 January to 2 February 2004. The Council met from 12 to 14 March 2004.
 

The Ethnic Nationalities Council’s strategy is to achieve its objectives through a “tripartite dialogue” to find political solutions to political problems.

The “tripartite dialogue” must include the SPDC military regime, the democratic forces led by Daw Aung San Suu Kyi and the ethnic nationalities, as called for by the United Nations General Assembly resolutions since 1994.

The Ethnic Nationalities Council was established with three representatives from the National Democratic Front (NDF), two from the United Nationalities League for Democracy (UNLD-LA), one from the Karenni National Progressive Party (KNPP), one from the National United Party of Arakan (NUPA), one from the Shan Democratic Union (SDU), and one from the Kachin National Organization (KNO) – in total nine council members.

The “Ethnic Nationalities Solidarity and Cooperation Committee” (ENSCC) was reformed as the working committee of Ethnic Nationalities Council. The ENSCC members are:

The Third Ethnic Nationality Seminar was successfully held from January 28, 2004 to February 2, 2004 at Law-hkee-la Camp in Kawthoolei. Sixty-one delegates and observers from the ethnic nationality alliances, parties and organizations attended the Seminar and participated in free and frank discussions.
 

The Ethnic Nationalities Solidarity and Cooperation Committee (ENSCC) submitted its report covering two years of its activities and the various alliances, parties and organizations submitted papers expressing views and opinions on the Tripartite Dialogue and the Solidarity of the Ethnic Nationalities.
 

The Seminar agreed to firmly uphold the aims and objects of agreement reached at the First Ethnic Nationality Seminar at “Mae-the-raw-ta” in 1997, being the resolution of political problems of the Union of Burma through tripartite dialogue and the establishment of a true Federal Union.
 

The Seminar observed that the SPDC’s 7-stage “road map” and the attempt to reconvene its National Convention, temporarily suspended in 1996, would not lead to democratization and establishment of a federal union but only sustain a military dictatorship in the country.
 

For peace in the country, the flourishing of democracy, the establishment of a federal system, and the speedy and timely emergence of democratic transition, the ethnic nationalities will launch the “Rebuilding the Union of Burma” initiative consisting of the following points.
 

To hold, at the earliest date, the tripartite dialogue, as called for by the UN resolutions annually since 1994;

To form an interim government comprising of representatives, proportionally, of the SPDC, the NLD and other political parties, victorious in the 1990 elections, and the ethnic nationalities, based on the agreement arrived at the tripartite dialogue;

To form various commissions, with approval of the National Convention, to draft constitutions of the Federal Union and the constituent States;

To hold national referendum for adoption of the Federal Constitution and to hold referendum in various constituent States for adoption of respective State Constitutions;

To hold elections at national level and state level for the formation of Federal government and State governments in various States in accordance with the newly adopted Federal and respective State Constitutions;

Subsequent to the elections, the Federal and State parliaments (legislatures) are to be convened and the respective election-winning parties are to form the Federal and various State governments;
 

In addition to welcoming and supporting involvement of the international community, including the UN, in the affairs of Burma, the Seminar welcomes and supports efforts by the Thai government for national reconciliation in the Union of Burma.
 

In accordance with requirement of the political situation of Burma, the delegates to the Seminar successfully established the “Ethnic Nationalities Council,” a coalition for proceeding towards a “United Ethnic Nationalities Voice and Platform” for the Tripartite Dialogue. In addition, the Seminar decided to continue with maintaining the existence of the ENSCC.
 

Since complete solution to protracted and multifarious problems facing the Union of Burma, and lasting peace and stability, can be gained only through the tripartite dialogue process demanded by the UN resolutions, this Seminar calls upon the SPDC to unconditionally cease all military offensives against the ethnic nationalities, declare a nationwide cease-fire, release all political prisoners, including Daw Aung San Suu Kyi, and hold tripartite dialogue at the earliest date.
 

We, the ethnic Nationalities, solemnly urge the democratic and ethnic forces, at home and abroad, for unanimously support and to make concerted effort to realize the aspirations of the people of the Union of Burma.