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The Tatmadaw is the sole existing Tatmadaw
which is strong and modern
Yangon, 28 Oct- The following is the clarification made at the Plenary
Session of the National Convention held at Nyaunghnapin Camp in Hmawby
Township, Yangon Division, on 26, October by the Chairman of the National
Convention Convening Work Committee on adoption of detailed basic principles
for the Chapter “The Role of the Tatmadaw” for drafting the State
Constitution.
I wish you all the delegates blessed with health and happiness and
auspiciousness.
All of you, the delegates, have already known the clarification made by
the Chairman of the National Convention Convening Work Committee concerning
the detailed basic principles concerning the Chapter “the Role of the
Tatmadaw” at the plenary session of the National Convention held on 10
January 2006 and the proposals presented by delegate groups and some
delegates. The proposals included proper suggestions within the framework of
the detailed basic principles to be adopted. As the suggestions of some
delegate groups are in the interest of the nation and the people, the Work
Committee sought the opinion of the delegate groups through the panel of
chairmen.
The Work Committee thoroughly studied the suggestions presented by the
delegates concerning the Chapter “the Role of the Tatmadaw”. Afterwards,
the Work Committee submitted the comprehensive report on the detailed basic
principles to the National Convention Convening Commission. The Commission
after studying the detailed basic principles in detail approved them. The
approved detailed basic principles concerning the Chapter “the Role of the
Tatmadaw” will be clarified.
At the plenary session of the National Convention held on 10 January
2006, the Work Committee Chairman presented a collection of detailed basic
principles concerning the Chapter “the Role of the Tatmadaw”.
After holding discussions and making suggestions on the matter, the
delegate groups - the delegate group of national races, the delegate group of
peasants, the delegate group of workers, the delegate group of Intellectual
and Intelligentsia, and the delegate group of State service personnel - and
the Union Pa-O National Organization, the Mro or Khami National Solidarity
Organization, the Lahu National Development Party, the Union Kayin League, the
Kokang Democracy and Unity Party and the Wa National Development Party and the
delegate group of representatives-elect of the delegate group of political
parties presented the following points to be adopted as detailed basic
principles for the Chapter “the Role of the Tatmadaw”.
1.
The Tatmadaw is the sole existing Tatmadaw which is strong and modern.
2.
The Tatmadaw is mainly responsible for safeguarding the State
Constitution.
3.
The Tatmadaw is mainly responsible for safeguarding non-disintegration
of the Union, non-disintegration of national solidarity and perpetuation of
sovereignty.
4.
The Tatmadaw must play a leading role in safeguarding the Union of
Myanmar against all internal and external dangers. The Tatmadaw is the core
armed forces for national defence.
5.
The Tatmadaw has the right to administer for participation of the
entire people in the State security and defence. The people’s militia
strategy shall be formed with Tatmadaw’s leadership.
6.
All the armed forces in the nation shall be under the command of the
Tatmadaw.
7.
The Defence Services Commander-in-Chief is the Supreme Commander of all
armed forces.
8.
As a reference in designating the official position of the
Commander-in-Chief, the Commander-in-Chief is designated as the Vice-President
level.
9.
The President shall appoint the Commander-in-Chief of Defence Services
with the proposal and approval of the National Defence and Security Council.
10.
The Tatmadaw has the right to independently administer all affairs
concerning the armed forces.
11.
Military justice for members of the Tatmadaw may be administered
according to law by a panel or by a judge.
12.
The decision of the Commander-in-Chief of the Defence Services is final
in military justice.
13.
A law shall be promulgated to provide assistance and care for families
of the disabled or fallen Tatmadaw members.
14.
The Tatmadaw must render assistance to the people in case of the
occurrence of a calamity in the nation that affects the nation and the people.
15.
As a separate suggestion, the National Unity Party said, of a
collection of the detailed basic principles for the role of the Tatmadaw, the
point No. 14 states, “The Tatmadaw must render assistance to the people in
case of the occurrence of a calamity in the nation that affects the nation and
the people.”
Seemingly, the point means that the Tatmadaw will help the people only
when there occur natural disasters. Because of its original traditions,
organizational set up, experiences and achievements, nobody can deny that the
Tatmadaw is the national strength. The Tatmadaw has always rendered assistance
to the social and economic sectors in the interest of the nation and the race.
At present, the Tatmadaw is taking part in social undertakings and motor
road, railroad, bridge and dam projects and rural development tasks that are
not concerned with the task of providing relief aids. In our view, the
expression “to render assistance to the people in case of the occurrence of
a calamity” is not totally comprehensive.
In our view, the following point should be added to the detailed basic
principles as the point No. 15:
“The Tatmadaw shall take part as a social and economic force in accord
with the Constitution if there arises a need for national development.”
As regards the suggestions, it is to be pointed out that Our Three Main
National Causes and the national peace, stability and security are the main
duties of the Tatmadaw. The Tatmadaw has to carry out active service in
performing its main duties. At times when there is no active service, the
Tatmadawmen will have to undergo military training, and during the times when
there is no military training, they will have to carry out public welfare
task. Hence, the Tatmadaw’s duties already cover the public welfare task. As
the Tatmadaw has been discharging its duties with full conviction, the
suggested point is not necessary to be laid down as a detailed basic
principle.
The Wa National Development Party presented a suggestion concerning the
point 2 “The Tatmadaw is mainly responsible for safeguarding the State
Constitution”.
It says, as the Tatmadaw is the people’s Tatmadaw, it was born of the
independence struggle in which lots of blood and sweat were sacrificed. Hence
it has the duty to always safeguard the independence. That is why, the party
gives a suggestion to amend the point as follows:
“The Tatmadaw is mainly responsible for safeguarding independence and
State Constitution.”
In connection with the suggestion, it will be necessary to explain that
the paragraph 3 states “The Tatmadaw is mainly responsible for safeguarding
non-disintegration of the Union, non-disintegration of national solidarity and
perpetuation of sovereignty.” The perpetuation of sovereignty means
safeguarding independence. Hence, the detailed basic principle is not
necessary to be amended as suggested by the group.
The party expresses an opinion to make an addition to the point 5
included in a collection of detailed basic principles explained by the Work
Committee Chairman. As a means to facilitate the practical task of getting in
touch with the people in mobilizing the entire public to take part in the
national defence and security and ensure greater success in the task, the
Tatmadaw should implement the task after seeking opinion from the National
Defence and Security Council, instead of individually administering the public
participation.
The party suggests that the point “The Tatmadaw has the right to
administer for participation of the entire people in the State security and
defence. The people’s militia strategy shall be formed with Tatmadaw’s
leadership” should be amended as “With the approval of the National
Defence and Security Council, the Tatmadaw has the right to administer for
participation of the entire people in the State security and defence. The
people’s militia strategy shall be formed with Tatmadaw’s leadership”.
In my assessment, the suggestion is in accord with the adopted detailed
basic principles and should be considered seriously.
Coordination on the matter has been made with members of the panel of
the Work Committee. The members of the panel sent the opinions of the delegate
groups to the National Convention Convening Commission in writing after making
coordination with them. A large number of delegates approved to state the
paragraph 5 as “With the approval of the National Defence and Security
Council, the Tatmadaw has the right to administer for participation of the
entire people in the State security and defence. The people’s militia
strategy shall be formed with Tatmadaw’s leadership”.
The delegate group of other invited persons supported to adop the
detailed basic principle “The Tatmadaw is the sole existing Tatmadaw which
is strong and modern.”
As a means to help further cement national solidarity and to enhance the
dignity of the Tatmadaw, the wording “the Tatmadaw, formed with the
participation of various national races,” should be used. According to its
suggestion, the point should be stated as follows:
“The Tatmadaw, formed with various national races, is the sole
existing Tatmadaw which is strong and modern.”
As regards the suggestion, it is required to explain that in Myanmar,
all service institutions including the Tatmadaw are formed with citizens
including the national races. If the expression “the Tatmadaw, formed with
the participation of various national races,” should be used, seemingly, the
point will not be inclusive of the citizens who are not the national races. As
every one understands that the Tatmadaw means an Armed Forces formed with
national races and citizens, the expression is not necessary for the detailed
basic principle.
The representatives of the political parties included in the delegate
group of representatives-elect presented the proposals of their respective
parties.
U Tin Win of Kyaiklat Township constituency-2, U Thein Kyi of
Taungdwingyi Township constituency-1, U Hla Soe of Minbu Township
constituency-2, U Mya Hlaing of Twantay Township constituency-2, U Kyi Win of
Mingaladon Township constituency-1 and U Tin Tun Maung of Mingaladon Township
constituency-2 discussed in support of the clarification made by the Work
Committee Chairman.
They gave a suggestion concerning the point “The Tatmadaw has the
right to administer for participation of the entire people in the State
security and defence. The people’s militia strategy shall be formed with
Tatmadaw’s leadership”.
They said, not the Tatmadaw alone will have to form people’s militia
strategy. The people will also have to participate in it. Only then will the
people’s militia strategy realize its aim. To ensure active public
participation, the fact that the Tatmadaw has been forming the people’s
militia strategy in accord with the law should be obvious. In addition, there
is another point, “The Tatmadaw is mainly responsible for safeguarding the
State Constitution”. They gave a suggestion to state the point as follows:
“The Tatmadaw has the right to administer for participation of the
entire people in the State security and defence in accord with the provisions
of the Constitution.” Only then will it be linked with a point contained in
the Chapter “Citizenship and the Rights and Duties of Citizens” - Every
citizen is responsible to undergo military training in accord with the
provisions of the law and to serve in the armed forces to defend the State.
Concerning the suggestion, explanation will be made that the point
“The Tatmadaw is mainly responsible for safeguarding the State
Constitution” has already been adopted and transferred to the Chapter “the
Role of the Tatmadaw”. It has already been explained that with the approval
of the National Defence and Security Council, the Tatmadaw has the right to
administer for participation of the entire people in the State security and
defence. Moreover, the Tatmadaw will always safeguard the Constitution. As the
Tatmadaw will perform its duties in accord with the Constitution, the
suggested addition is not necessary for the detailed basic principle.
Now, a collection adopted detailed basic principles will be presented as
follows:
1.
The Tatmadaw is the sole existing Tatmadaw which is strong and modern.
2.
The Tatmadaw is mainly responsible for safeguarding the State
Constitution.
3.
The Tatmadaw is mainly responsible for safeguarding non-disintegration
of the Union, non-disintegration of national solidarity and perpetuation of
sovereignty.
4.
The Tatmadaw must play a leading role in safeguarding the Union of
Myanmar against all internal and external dangers. The Tatmadaw is the core
armed forces for national defence.
5.
With the approval of National Defence and Security Council, the
Tatmadaw has the right to administer for participation of the entire people in
the State security and defence. The people’s militia strategy shall be
formed with Tatmadaw’s leadership.
6.
All the armed forces in the nation shall be under the command of the
Tatmadaw.
7.
The Defence Services Commander-in-Chief is the Supreme Commander of all
armed forces.
8.
As a reference in designating the official position of the
Commander-in-Chief, the Commander-in-Chief is designated as the Vice-President
level.
9.
The President shall appoint the Commander-in-Chief of Defence Services
with the proposal and approval of the National Defence and Security Council.
10.
The Tatmadaw has the right to independently administer all affairs
concerning the armed forces.
11.
Military justice for members of the Tatmadaw may be administered
according to law by a panel or by a judge.
12.
The decision of the Commander-in-Chief of the Defence Services is final
in military justice.
13.
A law shall be promulgated to provide assistance and care for families
of the disabled or fallen Tatmadaw members.
14.
The Tatmadaw must render assistance to the people in case of the
occurrence of a calamity in the nation that affects the nation and the people.
The State shall not discriminate against
or in favour of any citizen based on race, birth, religion, official position,
status, culture, sex and wealth
Yangon, 28 Oct- The following is the clarification made at the Plenary
Session of the National Convention held at Nyaunghnapin Camp in Hmawby
Township, Yangon Division, yesterday the Chairman of the National Convention
Convening Work Committee on adoption of detailed basic principles for the
Chapter “Citizenship, Fundamental Rights & Duties of Citizens” for
drafting the State Constitution.
I wish you delegates to be blessed with a good health, wealth and
auscipiousness.
You delegates have listened to and known the clarification the Work
Committee Chairman made as well as the proposal papers the delegate groups and
some National Convention delegates submitted to the National Convention
plenary session held on 10 January 2006, regarding the points suitable to be
adopted as detailed basic principles for the Chapter “Citizenship,
Fundamental Rights and Duties of Citizens” to be included in the State
Constitution. Of them, some appropriate proposals for the basic principles and
detailed basic principles that the National Convention laid down were
submitted. Certain proposals presented by some delegate groups are found
appropriate for enhancing the interests of the State and the people. So,
regarding those proposals, the Work Committee sought the stances of the
delegate groups through the members of the Panel of Chairmen.
Then, the Work Committee conducted a thorough study on the delegates’
proposals on the Chapter “Citizenship, Fundamental Rights and Duties of
Citizens”. After that, the Work Committee collected with great care the
points that should be adopted as detailed basic principles and submitted them
to the National Convention Convening Commission. The Commission carried out a
careful study on the points and approved them. Now, presentation will be made
on the approved points.
At the plenary session held on 10 January 2006, the Work Committee
Chairman said, “It is required to state specifically and clearly
citizenship, fundamental rights and duties of the citizens in drafting an
enduring State Constitution for our nation. Only then, will a citizen be able
to understand well, when studying the Constitution, the requirements to be
citizenship, what the fundamental rights bestowed on the citizens according to
the Constitution are, and what kinds of duties they have to carry out in the
interests of the State are.”
A collection of the points that should be adopted as detailed basic
principles for the Chapter “Citizenship, Fundamental Rights and Duties of
Citizens” will be presented.
1.
All persons who have either one of the following requirements are
citizens of the Union of Myanmar:
(a)
All persons born of parents both of whom are nationals of the Union of
Myanmar.
(b) Persons who are vested with citizenship according
to the existing laws on the date this Constitution comes into force.
2.
Citizenship, naturalization and revocation of citizenship shall be as
prescribed by the law.
3.
The State shall enable any citizen to enjoy equal rights before the law
and shall equally provide legal protection.
4.
The State shall not discriminate against or in favour of any citizen
based on race, birth, religion, official position, status, culture, sex and
wealth.
5.
Citizens shall enjoy equal rights in the following spheres:
(a)
civil service;
(b)
occupation;
(c)
trade;
(d)
business;
(e)
technical know-how and profession;
(f)
exploration of science and technology.
6.
Women shall be entitled to the same rights and salaries as that
received by men in respect of similar work.
7.
Mothers, children and expectant women shall enjoy rights as prescribed
by law.
8.
The State shall, in appointing or assigning duties, not discriminate
against or in favour of any citizens with qualifications set for posts or
duties based on race, birth, religion, and sex. However, nothing in this
section shall prevent appointment of men to the positions that are naturally
suitable for men only.
9.
Nothing shall, except in accord with the existing laws, be detrimental
to the lives and personal freedom of any citizens.
10.
There shall be liberty in the exercise of the following rights subject
to the laws enacted for State security, prevalence of law and order, community
peace and tranquillity or public order and morality:
(a)
The right of the citizens to express freely their convictions and
opinions;
(b)
The right of the citizens to assemble peacefully without arms;
(c)
The right of the citizens to form associations and unions;
(d)
The right of the citizens to develop their language, literature,
culture they cherish, religion they profess, and customs without prejudice to
the relations between one national race and another, or among national races
and to other faiths.
11.
Every citizen shall have the right to settle and reside in any place
within the State according to law.
12.
The State shall, according to the law, protect every citizen’s
current assets and fixed assets lawfully earned and acquired.
13.
The State shall, by law, protect the premises and security of home,
property, correspondence and other communications of citizens subject to the
provisions of this Constitution.
14.
The State prohibits enslaving of man and trafficking in persons.
15.
The State prohibits any form of forced labour except hard labour as a
punishment for crime duly convicted and duties assigned thereupon by the State
in accord with the law in the interests of the people.
16.
Any person is equally entitled to freedom of conscience and the right
to freely profess and practise religion subject to public order, morality or
health and to the other provisions of the State Constitution.
17.
The above right shall not include any economic, financial, political or
other secular activities that may be associated with religious practice.
18.
The freedom so guaranteed shall not prohibit the State from enacting
laws for the purpose of social welfare and reform.
19.
The State recognizes the special position of Buddhism as the faith
professed by the great majority of the citizens of the State.
20.
The State also recognizes Christianity, Islam, Hinduism and Animism as
the religions existing in the Union on the date on which the State
Constitution comes into force.
21.
The State shall render assistance and protect as it possibly can the
religions it recognizes.
22.
The abuse of religion for political purposes is forbidden; and any act
which is intended or is likely to provoke feelings of hatred, enmity or
discord between racial or religious communities or sects which is contrary to
the State Constitution. A law may be adopted to punish such actions.
23.
Every citizen shall, in accord with the law, have the right to freely
develop literature, culture, arts, customs and traditions they cherish. In the
process, they shall avoid any act which is to the detriment of national
solidarity. Any particular action in this respect which might adversely affect
the interests of one or several other national races shall be taken only after
consulting with and seeking the consent of those affected.
24.
Every citizen, in accord with the education policy laid down by the
Union, shall:
(a)
have the right to education;
(b)
be given basic education prescribed by the law as compulsory;
(c)
have the right to conduct research freely for the development of
science, literature and arts, and culture.
25.
The State shall encourage and provide, based on qualifications,
assistance for citizens outstanding in education, irrespective of race,
religion, and sex.
26.
Subject to this
Constitution and relevant laws, every citizen shall have the right to elect
and to stand for elections to the Pyithu Hluttaw, the Amyotha Hluttaw, the
Region or State Hluttaw.
27.
Respective constituency shall have the right to recall a Hluttaw member
in accord with the law.
28.
Every citizen shall have the right to freely do any business in accord
with the law for the national economic development.
29.
The State shall help national businessmen have access to technologies,
investments, machinery, and raw materials.
30.
In doing business without prejudice to the law, every citizen is
guaranteed the rights of property ownership, using assets, initiation, and
copyright by the Union.
31.
No person shall be convicted of crime except for violation of a law in
force at the time of the commission of the act. Moreover, he shall not be
subject to a penalty greater than that is applicable.
32.
Any person convicted or acquitted for an offence by a competent court
shall not be retried unless a superior court reverses the judgment and orders
to retry the case.
33.
An accused person shall have the right of defence in accord with the
law.
34.
No citizen shall, except matters on precautionary measures taken in
accord with law for the security of the State or prevalence of law and order
or the peace and tranquillity and interests of the people or matters permitted
under an existing law, be held in custody for more than 24 hours without the
remand of a competent magistrate.
35.
Every citizen shall have the right to apply to the Supreme Court of the
Union through appropriate proceedings to enjoy the rights guaranteed under
this Chapter.
36.
In order to bestow the rights granted under this Chapter the Supreme
Court of the Union shall have the power to issue the following writs as may be
appropriate.
(a)
Writ of Habeas Corpus;
(b)
Writ of Mandamus;
(c)
Writ of Prohibition;
(d)
Writ of Quo Warranto;
(e)
Writ of Certiorari.
(f)
The right to issue writs by the Supreme Court of the Union shall not
affect the right to issue orders which are in the nature of writs by other
courts invested to them under existing laws.
37.
At the time of occurrence of the following situations, the power to
issue writs under paragraph 36 shall not be suspended unless the public safety
may so require.
(a)
in time of war,
(b)
in time of foreign invasion,
(c)
in time of insurrection.
38.
Every citizen, at home or abroad, dealing with foreign countries shall
have the right to seek protection of the State.
39.
Except in the following situations, the grievances of the citizens
legally entitled under the law shall not be refused:
(a)
in time of foreign invasion,
(b)
in time of insurrection,
(c)
in time of emergency.
40.
If some of the rights prescribed in this Chapter that concern members
of the defence forces or the forces charged with maintenance of public order
so as to ensure fulfilment of their duties and maintenance of discipline are
needed to be restricted or abrogated, they shall be done so only through
enactment of the necessary law.
41.
Every citizen is under a duty to uphold:
(a)
Non-disintegration of the Union
(b)
Non-disintegration of national solidarity
(c)
Perpetuation of sovereignty.
42.
Every citizen is under a duty to abide by the provisions of the
Constitution
43.
Every citizen is under a duty to safeguard independence, sovereignty,
territorial integrity of the Union of Myanmar.
44.
Every citizen, charged with Union Spirit, is under a duty to enhance
unity among national races and to ensure community peace and stability.
45.
Every citizen is under a duty to build a modern developed nation.
46.
Every citizen is under a duty to undergo military training in accord
with the provisions of the law and to serve in the armed forces to defend the
State.
47.
Every citizen is under a duty to pay taxes levied under the law.
48.
In this Chapter “The State” means a body that exercises legislative
and executive powers according to this Constitution.
49.
Such delegate groups of the National Convention as the delegate group
of peasants, the delegate group of workers, and the delegate group of State
service personnel, delegate group of representatives-elect and such parties of
the delegate group of political parties as Union Pa-O National Organization,
Mro (or) Khami National Solidarity Organization, Lahu National Development
Party, Union Kayin League, Kokang Democracy and Unity Party, and Wa National
Development Party suggested that the points I have explained to you should be
adopted as detailed basic principles. Separate suggestions of the delegate
groups will be presented.
The National Unity Party said, “Among the points, a point says “The
State shall, in appointing or assigning duties, not discriminate against or in
favour of any citizens with qualifications set for the posts or duties based
on race, birth, region, and sex”.
That appropriate point guarantees equality of men and women irrespective
of race, religion, sex and wealth, and contributes towards effective use of
human resources in the interests of the State, and will win the support of the
mass of women and the people.
Instead of prescribing the point “However, nothing in this section
shall prevent appointment of men to the positions that are naturally suitable
for men only” in the State Constitution, it should be implemented by means
of prescribing separate laws, and issuing orders and directives by the
ministries concerned.
To clarify on this suggestion, if such a case is implemented by means of
prescribing separate laws, and issuing orders and directives instead of
prescribing it in the State Constitution, that act will be far beyond the
State Constitution and even may bring disputes over the Constitution.
Prescribing it in the State Constitution will ensure no possible disputes and
will help understand the expression clearly.
The delegate group of national races said, “Paragraph 24 says,
“Every citizen, in accord with the education policy laid down by the State,
shall have the right to education”. However, nothing is mentioned concerning
health matter. So, “Every citizen, in accord with the health policy laid
down by the State, shall have the right to health care” should be added as a
separate paragraph”.
This suggestion is consistent with the already-laid down principle, so
it should be taken into consideration seriously. So, the Work Committee held
discussions with members of the Panel of Chairmen as to whether the suggestion
should be adopted as a detailed basic principle. Then, the members of the
Panel of Chairmen coordinated with their fellow members of the delegate groups
concerned and submitted the case to the Work Committee. Several delegate
groups suggested that “Every citizen, in accord with the health policy laid
down by the State, shall have the right to health care” should be added as
paragraph 25. If so, that will be compatible with paragraph 24.
The delegate group of intellectuals and intelligentsia said, “Sub
paragraph (F) of paragraph 5 ‘exploration of science and technology’ is
exclusive of the term “arts”. So, we would like to suggest the phrase
should be ‘exploration of arts, science and technology’.
The suggestion is also in conformity with the already-laid down
principle, so it should be taken into consideration seriously. But, the
meaning will be better if the phrase is “exploration in the fields of arts,
science and technology”. So, the Work Committee had a meeting with members
of the Panel of Chairmen to approach the matter. The members of the Pane of
Chairmen then held discussions on the case with fellow delegates. And they
submitted the stances of the delegate groups to the Work Committee. Several
delegate groups suggested that sub-paragraph (F) of paragraph 5 should be
“exploration in the fields of arts, science and technology”.
That group tabled a motion to decide whether the point “Women shall be
entitled to the same rights and salaries as that received by men in respect of
similar work” should be “Women shall be entitled to the same rights and
salaries as that enjoyed by men in respect of similar work”.
In fact, these two phrases are the same in meaning, but the first
carries better meaning.
The group also tabled a motion to decide whether there should be a
change in word order in the phrase “No citizen shall be held in custody for
more than 24 hours without the remand of a competent magistrate” to meet
Myanmar grammar rules.
To reply to the suggestion, the sentence is constructed in accord with
the style of writing law, so there is no need to make any amendment to it.
The group also said, “We are in support of paragraph 46-Every citizen
is under a duty to undergo military training in accord with the provisions of
the law and to serve in the armed forces to defend the State. But, it would be
better if the paragraph also prescribes age and minimum duration for military
service”.
In this regard, we will have to record the suggestion so that the future
legislative body gets more facts to prescribe necessary laws in implementing
the provisions of the State Constitution.
The group added, “The State should promulgate an act to provide health
care to elderly persons”.
“The government and related social organizations render assistance to
senior citizens”.
“So, we make a suggestion to decide whether the point “The State
shall promulgate a law to provide care for national older persons” should be
adopted as a detailed basic principle”.
The point “The State shall care for mothers and children, orphans,
fallen Tatmadaw servicemen’s children, the old and the infirm, and the
disabled” has been laid down by the National Convention. And the point “To
care for children, youths, women, the disabled, the aged and the homeless”
has been prescribed in paragraph 12 of the Union Legislative List. The State
and social organizations are caring and will continue to care for elderly
persons in accordance with law.
The group continued to say, “Only with healthy and sound citizens will
it be possible to build a developed nation in accord with the four social
objectives laid down by the State. We would like to suggest that the State
should promulgate a law to enable the entire people across the nation have
access to primary health care”.
Many delegates have suggested that the point “Every citizen shall have
access to health care in accord with the health care policy laid down by the
State” presented by the delegate group of national races should be adopted
as detailed basic principle paragraph 25. So, there is no need to designate
that suggestion as one of the fundamental rights.
The delegate group of other invited persons said, “paragraph 14 “The
State prohibits enslaving of man and trafficking in persons” and paragraph
15 “The State prohibits any form of forced labour except hard labour as a
punishment for crime duly convicted and duties assigned thereupon by the State
in accord with the law in the interests of the people” should be adopted as
detailed basic principles.
Here, it is a suggestion that the term “trafficking in person”
prescribed in paragraph 14 should be replaced with the term “human trade”
that was prescribed in a law enacted in 2005.
The term “human trade” was used previously and the term
“trafficking in persons” is used worldwide. Both are the same in meaning.
But, the term “human trade” is found more modern with a broader meaning.
This suggestion deserves a serious consideration due to its conformity with
the already-laid down principle.
So, the Work Committee coordinated with members of the Panel of Chairmen
to translate the suggestion into reality. The members of the Panel of Chairmen
thus met with their fellow members of delegate groups concerned and submitted
the case to the Work Committee. Several delegate groups made a suggestion that
paragraph 14 should be “The State prohibits enslaving of man and human
trade.”
Regarding duties of citizens, the group also submitted the points for
decision.
(a)
Every citizen is under a duty to value and preserve national cultural
heritage.
(b)
Every citizen is under a duty to conserve the environment.
(c)
Every citizen is under a duty to develop human resources.
(d)
Every citizen is under a duty to protect and safeguard public property.
The suggestion is found consistent with the already-laid down detailed
basic principle and deserves consideration. However, according to the adopted
detailed basic principles, it is a case, for which the State is solely
responsible. In this regard, what citizens should do is just to extend a
helping hand to the State in implementing such a case.
Therefore, the Work Committee held a meeting with members of the Panel
of Chairmen. They also approached the case in consultation with their fellow
members of the delegate groups concerned. Then, they forwarded the stances of
the delegate groups to the Work Committee. Several delegate groups suggested
that the point:
“Every citizen is under a duty to contribute towards the following
tasks being carried out by the State:
(a)
preservation and safeguarding of national cultural heritage
(b)
environmental conservation
(c)
development of human resources
(d)
protection of public property”
(e)
should be adopted as a detailed basic principle in the Chapter
“Citizenship, Fundamental Rights and Duties of Citizens.
Representatives of political parties-Independent representatives-elect
Dr Hmu Htan of Thantlang Township constituency in Chin State, U Aung Thein of
Ywangan Township constituency in southern Shan State and U Tun Kyaw of Namhsan
Township constituency in Shan State (North) of the delegate group of
representatives-elect presented the stances of the parties concerned.
They said, “It is needed to take great care in drafting a State
Constitution. And the already-formulated Constitution needs to be effective at
any times and any situations regardless of region and person and to be
resistant to any criticisms. Therefore, it is required to prescribe bye-laws,
procedures and provisions of a State Constitution in specific manner.
“We would also like to present facts about the rights to equality. It
has been prescribed that the future nation will be built through multi-party
democracy system and the market-oriented economic system. Under the
market-oriented economic system, the nation will have to deal with other
nations commercially. Foreign investments will be made in Myanmar, while some
citizens will earn money abroad. So, such citizens have to pay taxes to the
State and they, while in foreign countries, send money they have earned to
their families residing in the State. That will contribute towards earning of
foreign exchange in the nation. So, the State should provide legal protection
to such nationals working abroad. If necessary, respective nations recall
their citizens working in other nations in times of natural disasters or war.
Our State should also do so. And the State should also provide legal
protection to the nationals who are staying in foreign countries for various
reasons in such times. Specific principles for such matters should be
prescribed in the bye-laws and provisions of the future State Constitution.
“It is found that the nations exercising multi-party democracy system
vest their citizens with freedom of publication. If necessary, the prevailing
situations of the nation (good or bad) should be known to the people for
public knowledge. There will be no rumours if the people have access to the
true account of incidents and events. Only when the people catch up with the
rates of prevailing commodity prices, will the commodity prices will be
stable. And only when the people have access to true information on
admini-stration, will the people be able to lead a secure life. If the people
have access to authentic commercial news, they will try their best for
economic development. If local media is under excessive control at a time when
IT is making a rapid progress, the people will place reliance on foreign
media. If so, foreign media will have a dominant position in our nation. So,
new laws and bye-laws appropriate for the future nation should be prescribed
to provide more freedom to local media.
“If literature and culture are extinct, so will be the national races,
and that has been evidenced by a great many of incidents around the world.
Prescribing necessary laws, the State should provide assistance to ethnic
groups for flourishing of the literature, culture and development of these
national races. Now, universities of culture have been established in the
nation. So, a subject on literature and languages of national races should be
prescribed as compulsory in the educational institutions. Only then will it be
possible to secure equality of rights and mutual respect and understanding
among national races. So, ethnic minorities should enjoy the rights to
develop their literature, culture and fine arts, and the State should provide
assistance to them from time to time.
“The education standard of the youth in the regions that are making a
good progress in the social, economic and transport sectors is better than
those in the regions without such progress especially Chin, Kachin and Kayah
States and some regions in Shan State. That cannot bring any positive results
to the nation. So, the State should prescribe necessary laws and bye-laws to
narrow such an undesirable gap as possible as it can in the future nation.
“The State should give guarantee to the citizens right to property,
right to use assets and to innovate and to protect copyrights in doing
businesses without prejudice to the law.
“Anyhow, the State will have to prescribe necessary laws so as to
avert an unnecessarily huge gap of income among the people and high
unemployment”.
To assess these suggestions, detailed basic principles relating to
national races affairs, national cultural heritage, education, health and
rights of citizens have been already adopted. Under these detailed basic
principles, the State will have to take necessary steps for the development in
these sectors and to promulgate necessary laws.
The three delegates added, “The National Convention has laid down a
principle “The State shall not demonetize the currency in circulation”.
So, we would like to suggest that that principle should be replaced as a
detailed basic principle in the Chapter related to economic opportunities”.
To respond to the suggestion, the point, “The State will not
demonetize the currency in circulation” manifested in a basic principle
represents the State’s guarantee to the citizens as an economic policy that
it will exercise in future. It is not an economic right of citizens, so it is
no need to mention it as a detailed basic principle.
In conclusion, in accord with the suggestions of the majority of
National Convention delegates, a collection of the detailed basic principles
for the Chapter “Citizenship, Fundamental Rights and Duties of Citizens”
will be clarified as follows:
1. All persons who have either one of the following requirements are
citizens of the Union of Myanmar:
(a)
All persons born of parents both of whom are nationals of the Union of
Myanmar.
(b)
Persons who are vested with citizenship according to the existing laws
on the date this Constitution comes into force.
2. Citizenship, naturalization and revocation of citizenship shall be as
prescribed by the law.
3. The State shall enable any citizen to enjoy equal rights before the
law and shall equally provide legal protection.
4. The State shall not discriminate against or in favour of any citizen
based on race, birth, religion, official position, status, culture, sex and
wealth.
5. Citizens shall enjoy equal rights in the following areas:
(a)
civil service;
(b)
occupation;
(c)
trade;
(d)
business;
(e)
technical know-how and profession;
(f)
exploration of science and technology.
6. Women shall be entitled to the same rights and salaries as that
received by men in respect of similar work.
7. Mothers, children and expectant women shall enjoy rights as
prescribed by law
8. The State shall, in appointing or assigning duties, not discriminate
against or in favour of any citizens with qualifications set for posts or
duties based on race, birth, religion, and sex.
However, nothing in this section shall prevent appointment of men to the
positions that are naturally suitable for men only.
9. Nothing shall, except in accord with existing laws, be detrimental to
the lives and personal freedom of any citizen.
10. There shall be liberty in the exercise of the following rights
subject to the laws enacted for State security, prevalence of law and order,
community peace and tranquillity or public order and morality:
(a)
The right of the citizens to express freely their convictions and
opinions;
(b)
The right of the citizens to assemble peacefully without arms;
(c)
The right of the citizens to form associations and unions;
(d)
The right of the citizens to develop their language, literature,
culture they cherish, religion they profess, and customs without prejudice to
the relations between one national race and another, or among national races
and to other faiths.
11. Every citizen shall have the right to settle and reside in any place
within the State according to law.
12. The State shall, according to the law, protect every citizen’s
current assets and fixed assets lawfully earned and acquired.
13. The State shall, by law, protect the premises and security of the
home, property, correspondence and other communications of citizens subject to
the provisions of this Constitution.
14. The State prohibits enslaving of man and trafficking in persons.
15. The State prohibits any form of forced labour except hard labour as
a punishment for crime duly convicted and duties assigned thereupon by the
State in accord with the law in the interests of the people.
16. Every citizen is equally entitled to freedom of conscience and the
right to freely profess and practice religion subject to public order,
morality or health and to the other provisions of the State Constitution.
17. The above right shall not include any economic, financial, political
or other secular activities that may be associated with religious practice.
18. The freedom so guaranteed shall not prohibit the State from enacting
laws for the purpose of social welfare and reform.
19. The State recognizes the special position of Buddhism as the faith
professed by the great majority of the citizens of the State.
20. The State also recognizes Christianity, Islam, Hinduism and Animism
as the religions existing in the Union on the date on which the State
Constitution comes into force.
21. The State shall render assistance and protect as it possibly can the
religions it recognizes.
22. The abuse of religion for political purposes is forbidden; and any
act which is intended or is likely to provoke feelings of hatred, enmity or
discord between racial or religious communities or sects which is contrary to
the State Constitution. A law may be adopted to punish such actions.
23. Every citizen shall, in accord with the law, have the right to
freely develop literature, culture, arts, customs and traditions they cherish.
In the process, they shall avoid any act which is to the detriment of national
solidarity. Any particular action in this respect which might adversely affect
the interests of one or several other national races shall be taken only after
consulting with and seeking the consent of those affected.
24. Every citizen, in accord with the education policy laid down by the
Union, shall:
(a)
have the right to education;
(b)
be given basic education prescribed by the law as compulsory;
(c)
have the right to innovate and express conscience for the development
of science, literature and arts, and freely conduct research on culture.
25. Every citizen, in accord with the health policy laid down by the
State, shall have the right to health care.
26. The State shall encourage and provide, based on qualifications,
assistance for citizens outstanding in education, irrespective of race,
religion, and sex.
27. Subject to this Constitution and relevant laws, every citizen shall
have the right to elect and to stand for elections to the Pyithu Hluttaw, the
Amyotha Hluttaw, the Region or State Hluttaw.
28. Respective electorate shall have the right to recall a Hluttaw
member in accord with the law.
29. Every citizen shall have the right to freely do any business in
accord with the law for the national economic development.
30. The State shall help national businessmen have access to
technologies, investments, machinery, and raw materials.
31. In doing business without prejudice to the law, every citizen is
guaranteed the rights of property ownership, using assets, initiation, and
copyright by the Union.
32. No person shall be convicted of crime except for violation of a law
in force at the time of the commission of the act charged as an offence.
Moreover, he shall not be subject to a penalty greater than that is
applicable.
33. Any person convicted or acquitted by a competent court for an
offence shall not be retried unless a superior court annuls the judgment and
orders to retry the case.
34. An accused person shall have the right of defence in accordance with
the law.
35. No citizen shall, except matters on precautionary measures taken in
accordance with law for the security of the State or prevalence of law and
order or the peace and tranquillity and interests of the people or matters
permitted under an existing law, be held in custody for more than 24 hours
without the remand of a competent magistrate.
36. Every citizen shall have the right to apply to the Supreme Court of
the Union through appropriate proceedings to enjoy the rights guaranteed under
this chapter.
37. In order to bestow the rights granted under this chapter the Supreme
Court shall have the power to issue the following writs as appropriate.
(a)
Writ of Habeas Corpus;
(b)
Writ of Mandamus;
(c)
Writ of Prohibition;
(d)
Writ of Quo Warranto;
(e)
Writ of Certiorari.
The right to issue writs by the Supreme Court of the Union shall not
affect the right to issue orders which are in the nature of writs by other
courts invested to them under existing laws.
38. At the time of occurrence of the following situations, the power to
issue writs under paragraph 36 shall not be suspended unless the public safety
may so require.
(a)
in time of war;
(b)
in time of foreign invasion;
(c)
in time of insurrection.
39. Every citizen, at home or abroad, dealing with foreign countries
shall have the right to seek protection of the State.
40. Except in the following situations, the grievances of the citizens
legally entitled under law shall not be refused-
(a)
in time of foreign invasion;
(b)
in time of insurrection;
(c)
in time of emergency.
41. If some of the rights prescribed in this chapter that concern
members of the defence forces or the forces charged with the maintenance of
public order so as to ensure fulfilment of their duties and the maintenance of
discipline are needed to be restricted or abrogated, they shall be done so
only through enactment of necessary law.
42. Every citizen is under a duty to uphold
(a)
Non-disintegration of the Union;
(b)
Non-disintegration of national solidarity;
(c)
Perpetuation of sovereignty.
(d)
43. Every citizen is under a duty to abide by the provisions of the
Constitution
44. Every citizen is under a duty to safeguard independence,
sovereignty, territorial integrity of the Union of Myanmar.
45. Every citizen is under a duty to undergo military training in accord
with the provisions of the law and to serve in the armed forces to defend the
State.
46. Every citizen, charged with Union Spirit, is under a duty to enhance
unity among national races and to ensure community peace and stability.
47. Every citizen is under a duty to build a modern developed nation.
48. Every citizen is under a duty to pay taxes levied under the law.
49. Every citizen is under a duty to contribute towards the following
tasks being carried out by the State:
(a)
preservation and safeguarding of national cultural heritage;
(b)
environmental conservation;
(c)
development of human resources;
(d) protection of public property.
50. In this Chapter “The State” means a body that exercises
legislative and executive powers according to this Constitution.
