According to the State Peace and Development Council (SPDC) Roadmap to Democracy, a Constitutional referendum will be held in May 2008 and Parliamentary Elections in 2010. However, the Thai Action Committee for Democracy in Burma (TACDB) has serious doubts about the credibility of this political process.

The exclusion of opposition groups such as the National League for Democracy (NLD) and ethnic groups in the constitution drafting process itself is of particular concern, as are the draft constitutional provisions that prohibit Daw Aung San Suu Kyi from contesting the 2010 election.

New laws that punish anyone who is against the referendum are not consistent with democratic norms. Penalties of up to three years imprisonment and 100,000 kyat (US $77) fine for those who distribute statements and posters against the referendum criminalize the freedom of speech necessary for a fair referendum. Barring monks and nuns from voting is a denial of universal franchise.

Given the lack of participation in the constitution drafting process, it is questionable whether such a referendum will help advance democracy. At this critical juncture in Burma's political process, TACDB has made the following observations:

1. How can the referendum be free and fair if people are not allowed to share their opinions on it, and its content come from just one group in the country?

2. How can people trust the referendum process if the poll is not organized by independent body? The SPDC must allow enough time to set up the body, arrange for their training, and assure all stakeholders of their neutrality, before arranging the referendum.

3. The inclusion of Constitutional experts, academics, ruling and opposition parties in the referendum process is a must, so that the Burmese people can consider the draft constitution and understand its meaning. Voters should be given information about the advantages and disadvantages of the draft constitution before they vote for Yes or No.

5. Before the polling day, SPDC and all stakeholders must not create any fear or pressure to coerce people into accepting the draft. The referendum must be conducted in complete democratic environment.

6. Monks and nuns are citizens of Burma and should be allowed to take part in such crucial decision that will affect their lives and their future.

7. On voting day, international media or observers must be allowed to observe the referendum freely.

Any attempt to pass the Constitution by force or threat will only bring problems to the country in the long term. The SPDC must take bold steps to ensure that the referendum is a fair, inclusive, and transparent process.