Burma’s generals intend to block the Burmese democracy leader, Aung San Suu Kyi, from ever leading her country, according to leaked copies of a new constitution drafted by the country’s military junta.

The 194-page draft constitution, which was circulating yesterday among Burmese and foreign journalists in Rangoon, states that anyone with family connections to foreigners is not eligible to stand as president. But the document, which will be put to a constitutional referendum in May, does not impose the same restriction on ministers or those who run as members of parliament.

Ms Suu Kyi’s two sons by her late husband, the British academic Michael Aris, are British citizens, which would seem to rule her out unequivocally from the highest post. But the clause on the eligibility of parliamentary candidates only eliminates anyone with “allegiance or adherence” to a foreign government.

According to the British government, Ms Suu Kyi no longer has British citizenship, although her continuing support for foreign sanctions against Burma might be taken by the junta as evidence of such “adherence”. The junta may use this ambiguity as a bargaining chip with Ms Suu Kyi and her National League for Democracy - in order, for example, to encourage her to drop her support for sanctions in return for release from her continuing house arrest and a seat in parliament.

Overall, foreign governments and members of the opposition in Burma regard the constitution as a means of perpetuating the power of the military dictatorship under a new, civilian guise, and a “Vote No” campaign is gradually gathering momentum.

The leaked version of the constitution, which has still not been seen by ordinary Burmese just weeks before the referendum, is the first document of its kind in Burma to guarantee basic rights such as freedom to form political parties and unions, as well as freedom of the press and religion and the rights of minorities. However, these seemingly liberal precepts are outweighed by clauses which would leave power securely in the hands of the army which has ruled the country since 1962.

The constitution states that it cannot be amended for ten years and, even then, only with a three quarters parliamentary majority. Since one quarter of seats in both houses of parliament is reserved for members of the military, the country’s current rulers will continue to exercise a veto.

Although the president would notionally be a civilian, he would be allowed to transfer full legislative, executive and judicial power to the commander in chief of the armed forces for as long as a year in case of a state of emergency. Rather than coming into force immediately after the May referendum, the constitution will be activated only after the convening of a new parliament, due to be elected in 2010.

“Not everything in here is bad, perhaps 80 per cent in OK,” said a western observer in Rangoon. “If this was coming out of East Timor, for example, you’d say this was something to work with. But with this government there is simply no trust. Given their record it’s difficult to grant them the benefit of the doubt.”

A statement from the All Burma Monks’ Alliance and the ’88 Generation Students, which launched the vast pro-democracy demonstrations which were suppressed by the government last September, said: “We all are determined to “Vote No” on the junta’s sham constitution in the upcoming referendum. As the military junta is aggressively and desperately pressuring the people to vote in favour of the constitution, our challenge to reject it will surely be met with a bloody response by the junta.”

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