THE commission to organise next week’s referendum on the new constitution has said it is working to ensure a “free and fair” vote.

A commission official told The Myanmar Times last week that nearly half of Myanmar’s population of 54 million would be eligible to participate in the landmark vote on May 10 on whether to accept the new constitution.

The document was drafted based on principles agreed at the National Convention, which finished its work last September.

The convention, which met intermittently from 1993 to 2007, was attended by more than 1000 delegates that included representatives of national races, politicians, academics, farmers and workers.

The commission official said that a turnout of more than 50 percent of eligible voters was required for the referendum to be valid, and that the constitution would be approved if more than half the voters cast “yes” votes.

Polling stations are required to allow at least five voters to inspect the ballot boxesbefore voting begins to ensure that they have not been stuffed with ballot papers beforehand. After the inspections are completed the boxes will be secured for voting.

He said the booths will also be opened for vote counting in front of a team of monitors that will include at least 10 voters.

The official said a list of eligible voters will be announced at least seven days ahead of the polling date. Those who believe they are eligible to vote but whose names do not appear on the list will have the right to appeal to the commission for permission to vote.

He said polling stations will be open from 6am to 4pm on May 10 and the vote count will begin shortly after the stations close.

Voters must come to the polling stations with their national registration cards and voter registration slips issued by the commission, he said.

“The polling stations will be designed with private areas so voters can express their wish secretly,” the official said.

The question “Do you approve or disapprove the draft constitution?” will be printed on the ballot papers. Those who wish to vote “yes” must put a check mark (Â), while an (â) will signify a “no” vote.

“If a ballot paper includes any other marks or writing, including the voter’s name, the vote will be considered void,” the official said.

The law on holding the referendum announced in February said all Myanmar citizens over 18 years of age – apart from clergy, the mentally disabled, convicted criminals and those who have gone abroad illegally – were eligible to vote.

The law said offences such as tampering with ballot papers, destroying polling booths and voter lists, and “lecturing, distributing papers, using posters or disturbing the voting in any manner” would be punishable by three years’ imprisonment, a fine not to exceed K100,000, or both.

A 45-member commission to oversee the referendum, headed by Chief Justice U Aung Toe, was appointed under the law to oversee the plebiscite.
The draft was written by a government-appointed commission also headed by U Aung Toe and was finalised in February.

The draft was published for public perusal earlier this month. The 194-page draft constitution, with 15 chapters, includes 457 provisions.

The constitution also includes provisions for the establishment of legislative assemblies and judicial courts in states and divisions.

The nation’s capital, Nay Pyi Taw, will become Union territory and placed under direct presidential rule.

The constitution also calls for the official name of the country to be changed from Union of Myanmar to Republic of the Union of Myanmar, and for the national flag to be changed to a yellow, green and red tricolour with a large white star in the centre.

According to the draft constitution, the future political system will be a “discipline-flourishing, genuine” multiparty democracy with executive powers to be in the hands of an elected president.

It requires contenders for the post of president to have sound knowledge on “affairs of State such as political, administrative, economic and military affairs”.

It also said contenders must have lived continuously in the country for at least 20 years at the time of elections, and the person’s spouse and children should not hold nationality of any foreign country.

The president will also be the head of the cabinet and National Defence and Security Council, the draft document said.

It said the president’s tasks include appoin-ting the military com-mander-in-chief and making decisions on declaring states of emergency, which will require all power to be temporarily handed over to the head of the military.

The constitution’s provision on legislative powers calls for the establishment of two houses of parliament with a total of 664 seats. One-fourth of those seats will be filled by military personnel appointed by the commander-in-chief of the armed forces.

The judiciary provisions include the establishment of a supreme court and high courts in each state and division.

On the fundamental rights of citizens, the draft constitution said citizens will have the right to freedom of expression and publication of their convictions and opinions, as well as the freedom to assemble peacefully without weapons.

Citizens will also have freedom of association and formation of unions, provided that such actions do not infringe on laws enacted to ensure state security, prevalence of law and order, community peace and tranquillity, or public order and morality.

The constitution said no citizen could be held in custody for more than 24 hours without the remand of a competent magistrate, except on matters calling for precautionary measures for the security of the state and interests of the people.

On foreign affairs, the draft constitution said Myanmar will exercise independent, active and nonaligned foreign policy and will not allow any foreign troops to be deployed in the country.

The provisions on economic issues call for the country to continue pursuing a market-oriented economic system and also includes provisions for the protection of private businesses and properties from nationalisation as well as from demonetising of currency notes.

If the constitution is accepted by voters, it is expected to pave the way for parliamentary elections planned for 2010.

If enacted, the new constitution will officially come into force on the day the elected parliament first meets.

Until parliament meets, the State Peace and Development Council will continue to hold executive powers, the draft said.

If passed, the new constitution will be third since the country regained independence in 1948.