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2008 Myanmar constitutional referendum

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2008 Myanmar constitutional referendum
2008 Myanmar constitutional referendum
File:State seal of Myanmar.png: Unknown authorUnknown author derivative work: Ph · Public domain · source
CountryMyanmar
Date10 May 2008 (main)
TitleConstitutional Referendum
Yes92.48%
No7.52%
Total98.12%
Electorate27,188,647
NotesTurnout

2008 Myanmar constitutional referendum was a nationwide vote to approve a new constitution for the country, then known as Burma. Organized by the ruling State Peace and Development Council (SPDC) military junta, the referendum was held on 10 May 2008, with voting in parts of the Ayeyarwady Region and Yangon Region delayed until 24 May due to the catastrophic Cyclone Nargis. The new constitution, which received overwhelming official approval, was designed to entrench military influence in government through reserved parliamentary seats and control over key ministries, effectively transitioning the country into a discipline-flourishing democracy.

Background

The push for a new constitution followed decades of military rule after the annulment of the 1990 Burmese general election, where the National League for Democracy (NLD) led by Aung San Suu Kyi won a landslide victory that was ignored by the Tatmadaw. The junta initiated a protracted National Convention in 1993 to draft principles, a process boycotted by the NLD and other pro-democracy groups. This effort was part of the SPDC's proclaimed Roadmap to Discipline-flourishing Democracy, aiming to legitimize its continued political dominance. The move was also a response to international pressure following events like the Saffron Revolution in 2007 and longstanding criticism from entities like the United Nations and Human Rights Watch.

Drafting process

The drafting was controlled by the SPDC, with the final text prepared by a commission following guidelines set during the National Convention. Key provisions included reserving 25% of seats in the Pyidaungsu Hluttaw (national parliament) and state legislatures for unelected military personnel, granting the Tatmadaw chief authority over key ministries like Defence, Home Affairs, and Border Affairs, and barring Aung San Suu Kyi from the presidency due to her marriage to a foreigner. The process excluded major opposition voices and ethnic political parties, with significant input from pro-junta organizations like the Union Solidarity and Development Association.

Referendum details

The referendum was announced in February 2008 and scheduled for 10 May. Campaigning was heavily restricted, with severe penalties for dissent under laws like the State Protection Law. The Cyclone Nargis struck the Irrawaddy Delta just days before the vote, killing over 130,000 people, but the junta refused to postpone the polling outside the worst-hit areas of Ayeyarwady Region and Yangon Region. Voting in those areas occurred on 24 May. Observers from groups like the ASEAN and the European Union were not invited, and reports from Assistance Association for Political Prisoners and Democratic Voice of Burma indicated widespread intimidation, lack of secret ballots, and advance voting abuses.

Results and aftermath

Official results released by the Union Election Commission claimed a 92.48% approval rate with a 98.12% turnout. The constitution was ratified, paving the way for the 2010 Burmese general election and the formal dissolution of the SPDC. The first parliament under the new charter convened in 2011, leading to the presidency of Thein Sein and the continued political influence of figures like Senior General Than Shwe. The constitution's provisions later formed the legal basis for the Tatmadaw's actions in the 2015 Burmese general election, the 2021 Myanmar coup d'état, and the ongoing conflict with groups like the Karen National Union and Kachin Independence Army.

International reaction

The referendum was widely condemned by foreign governments and international organizations. The United States, United Kingdom, and European Union denounced it as a sham, with the UN Secretary-General Ban Ki-moon expressing concern over its timing after Cyclone Nargis. Neighboring countries like Thailand and China offered more measured responses, with ASEAN urging political reconciliation. Organizations including Amnesty International and International Crisis Group criticized the process as fundamentally flawed and non-inclusive, setting the stage for continued international sanctions and diplomatic isolation of the State Peace and Development Council regime. Category:2008 referendums Category:Constitutional history of Myanmar Category:2008 in Myanmar