Burma 's main opposition party, the National League for Democracy (NLD), has dismissed the national referendum on the draft constitution, which is planned for May, because of its lack of legitimacy, according to a party statement on Thursday.

The NLD, led by detained pro-democracy icon Aung San Suu Kyi, said the draft constitution was “not inclusive and unclear,” because the Burmese military regime had not heeded the calls of the international community and the United Nations.

The statement also said that the planned national referendum would not be free and fair because the junta broke its promise to discuss the drafting of the new constitution with the representatives elected in the 1990 parliamentary elections.

Thein Nyunt, a member of the Special Information Committee for the NLD who is also a lawyer, told The Irrawaddy on Thursday: “We want to point out that civilians don't agree with this one-sided referendum. It could affect national reconciliation.”

He added: “A national referendum is not free and fair so long as the junta retains decree 5/96.”

Decree 5/96 prohibits criticism of the national convention. By violating the decree a person could be sentenced up to 20 years in prison.

Thein Nyunt said that the military regime lacked legitimacy because they didn't publicly distribute leaflets disclosing details of the draft constitution.

However, the state-controlled press reported that the new legislation, announced on Tuesday, provides for penalties of up to three years imprisonment and 100,000 kyat (US $77) fines for offenders who distribute statements and posters or who make speeches against the referendum. It also bars monks and nuns from voting.

The NLD won a landslide victory—with more than 80 percent of parliamentary seats—in multi-party elections held in 1990. After the election, instead transferring national power, the authorities detained the winning party NLD's leaders, including Suu Kyi, and subsequently placed her under house arrest.