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Plenary
Session of National Convention continues Delegate Groups of State Service
Personnel, Other Invited Persons
present suggestions on detailed basic principles to be laid down
for the Chapters on Citizenship, Fundamental Rights and Duties of
Citizens and the Role of the Tatmadaw
YANGON,
30 Jan — The Plenary Session of the National Convention continued at
Pyidaungsu Hall of Nyaunghnapin Camp in
It
was attended by Chairman of the National Convention Convening Commission
Secretary-1 of the State Peace and Development Council Lt-Gen Thein Sein and
Commission members, Chairman of the National Convention Convening Work
Committee Chief Justice U Aung Toe and Work Committee members, Chairman of the
National Convention Convening Management Committee Auditor-General Maj-Gen Lun
Maung and Management Committee members, chairmen and officials of the
respective sub-committees, delegates of National Unity Party, 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, representatives-elect of National
Unity Party and Mro (or) Khami National Solidarity Organization, independent
representatives-elect, delegates of national races from Kachin, Kayah, Kayin,
Chin, Mon, Rakhine, Shan State (South), Shan State (North), and Shan State
(East), Sagaing, Tanin-thayi, Bago, Magway, Mandalay, Yangon and Ayeyawady
Divisions, delegates of peasants from Kachin, Kayah, Kayin, Chin, Mon, Rakhine,
Shan State (South), Shan State (North), and Shan State (East), Sagaing,
Tanin-thayi, Bago, Magway, Mandalay, Yangon and Ayeyawady Divisions, delegates
of intellectuals and intelligentsia and delegates of workers from Kachin,
Kayah, Kayin, Chin, Mon, Rakhine, Shan State (South), Shan State (North), and
Shan State (East), Sagaing, Tanin-thayi, Bago, Magway, Mandalay, Yangon and
Ayeyawady Divisions, delegates of State service personnel from the State Peace
and Development Council Office, the President’s Office, the Pyithu Hluttaw
Office, the Government Office, the Supreme Court, the Attorney-General’s
Office, the Auditor-General’s Office, the Multi-party Democracy General
Election Commission Office, the Office of Civil Service Selection and Training
Board, the Yangon City Development Committee, the Mandalay City Development
Committee, and ministries concerned, other invited delegates, delegates of
national race groups that have returned to the legal fold and exchanged arms
for peace.
Before
the Plenary Session of the National Convention at 7.30 am, Chairman of the
NCCC Secretary-1 Lt-Gen Thein Sein and Commission members, NCC Work Committee
Chairman Chief Justice U Aung Toe and Work Committee members, NCC Management
Committee Chairman Auditor-General Maj-Gen Lun Maung and Management Committee
members, chairmen of sub-committees, officials, delegates of political
parties, representatives-elect, delegates of national races, delegates of
peasants, delegates of workers, delegates of intellectuals and intelligentsia,
delegates of State service personnel, and other invited delegates signed in
the attendance books at the Pyidaungsu Hall and recreation hall for the
delegates.
Member
of National Convention Convening Work Committee Dr Paik Tin presided over the
Plenary Session of the National Convention together with U Tun Yin Law of
Delegate Group of Political Parties, U San Tha Aung of Delegate Group of
Representatives-elect, U Mya Sein of Delegate Group of National Races, U Sai
Tint Aung of Delegate Group of Peasants, U Kyaw Myo Win of Delegate Group of
Workers, U Hla Myint of Delegate Group of Intellectual and Intelligentsia and
U Hla Tin of Delegate Group of State Service Personnel and U Paw Laik Kham of
Other Invited Persons.
Director
(Meeting) U Than Aung of the National Convention Convening Work Committee
Office acted as Master of Ceremonies and Deputy Director U Aung Kyi as
co-master of ceremonies. The MC announced the validity of the meeting as 1,069
delegates out of 1,079 were present, accounting for 99.07 per cent. Delegates
to the National Convention submitted their proposals on detailed basic
principles to be laid down for the Chapters Citizenship, Fundamental Rights
and Duties of Citizens and the role of the Tatmadaw.
First,
U Khin Maung Kyi of the Ministry of Education presented the proposals of
Delegate Group of State Service Personnel.
(The
presentation is reported separately.)
Next,
U Myint Tun of the Ministry of Social Welfare, Relief and Resettlement
presented the proposals.
(The
presentation is reported separately.)
Afterwards,
Daw Nyunt Nyunt Shwe of the Ministry of National Planning and Economic
Development presented proposals.
(The
presentation is reported separately.)
The
plenary session took a break.
When
the plenary session resumed, U Sao Kai Hpa of Other Invited Persons presented
proposals of Delegate Group of Other Invited Persons.
(The
presentation is reported separately.)
Next,
U Mann Aung Tin Myint of Haungtharaw special region presented the proposals.
(The
presentation is reported separately.)
The
Plenary Session of the National Convention adjourned at 11.30 am.
The
Plenary Session of the National Convention continues tomorrow.
NCCC,
Work Committee and Management Committee meet
YANGON,
30 Jan—The National Convention Convening Commission, the Work Committee and
the Management Committee held the meeting 1/2006 at the meeting hall of the
NCCC at Nyaunghnapin Camp in Hmawby Township, Yangon Division this afternoon,
with an address by Chairman of NCCC Secretary-1 of the State Peace and
Development Council Lt-Gen Thein Sein.
Also
present on the occasion were Vice-Chairman of NCCC Minister for Electric Power
Maj-Gen Tin Htut, Secretary Minister for Information Brig-Gen Kyaw Hsan and
commission members, Chairman of National Convention Convening Work Committee
Chief Justice U Aung Toe, Vice-Chairman Attorney-General U Aye Maung and work
committee members, Chairman of National Convention Convening Management
Committee Auditor-General Maj-Gen Lun Maung, Vice-Chairmen Maj-Gen Than Htay
of the Ministry of Defence and Deputy Minister for Hotels and Tourism Brig-Gen
Aye Myint Kyu and management committee members, chairmen of the respective
sub-committees and others.
In
his address, Chairman of NCCC Secretary-1 Lt-Gen Thein Sein said that the
National Convention began on 5 December 2005 and it lasted for about 2 months.
The NC has already laid down detailed basic principles on sharing of executive
and judiciary powers to be included in the drawing of the State constitution.
Moreover, matters on legislation of Pyidaungsu Hluttaw, Pyithu Hluttaw,
Amyotha Hluttaw and region or state Hlutaw to be included in the framing of
the State constitution, matters on chapter of citizens, rights and functions
of citizens and chapter of the Tatmadaw and the findings of the Chairman of
National Convention Convening Work Committee on detailed basic principles were
clarified at the plenary meeting of National Convention.
At
the same time, he said, those matters were discussed group-wise by the
delegates, documentaries on suggestions were compiled and coordinated by the
panel of chairmen and those documentaries were read.
He
noted that the panel of alternate chairmen will have to compile the
suggestions and presentations of delegate groups. This being so, the work
committee and the management committee are to present work being carried out
and future tasks. Next, Secretary of NCCC Minister Brig-Gen Kyaw Hsan
presented on compiling and keeping documentaries on the national convention,
use of the funds and other management matters.
Chief
Justice U Aung Toe and Auditor-General Maj-Gen Lun Maung reported on work
being carried out sub-committee-wise and future tasks.
After
that, chairmen of the respective sub-committees reported on work done. The
meeting ended with the concluding remarks by Chairman of NCCC Secretary-1 of
the State Peace and Development Council Lt-Gen Thein Sein.
Citizens
have to be loyal to the State, and in return the State has to care them
YANGON,
30 Jan—The following is a translation of the proposal of the delegate group
of other invited persons read out by U Sao Kai Hpa of Shan State (North)
Special Region (3) at the plenary session of the National Convention held at
Pyidaungsu Hall of Nyaunghnapin Camp in Hmawby Township, Yangon Division, on
30 January 2006 regarding the detailed basic principles that should be adopted
for the Chapter “Citizenship, Fundamental Rights and Duties of Citizens”
and the Chapter “The Role of the Tatmadaw” to be included in the State
Constitution.
We
reconstituted our paper compiling group into a 25-member team including
members of the delegate group of other invited persons. We held open and frank
discussions three times and explained matters to 89 representatives for their
approval. I would like to present the points we have agreed.
At
the plenary session of the National Convention held on 10 January this year,
the Chairman of the National Convention Convening Work Committee explained 48
points regarding the detailed basic principles that should be adopted for the
Chapter “Citizenship, Fundamental Rights and Duties of Citizens”.
The
points are the requirements to obtain citizenship, and fundamental rights and
duties of citizens according to the Constitution.
Throughout
the nation’s history, more than 100 national races have been living in unity
keeping eggs and nest intact. All the national races shall have the rights to
be granted citizenship in accordance with the law.
The
rights to be granted citizenship is very important for
Citizenship
designates other rights, responsibilities, privileges and duties that people
holding foreign registration certificated and foreigners are not entitled to
enjoy. In offering jobs, government offices are open to every citizen.
Citizens have the rights to apply for the posts advertised by government
departments, and they have the right to elect and to be elected at the
elections.
Citizens
also have the duty to take part in national defence duties. They have to be
loyal to the State, and in return the State has to care them. Such
interrelations are recognized by national laws and international laws.
According
to the basic principles the National Convention has adopted, all the national
brethren have the rights to be citizen. So, these principles should be
adopted.
The
NC has adopted the detailed basic principles on equality of rights, equality
of freedom, and the rights of justice for every citizen. Regarding equality of
rights for every citizen, the Work Committee Chairman also has explained the
six basic principles from No 3 to No 8 and sought opinions of those present
for approval.
With
respect to equality of rights, matters on equality before the law, rights of
citizens, and equality of action, and rights of women and children were
explained in detail. They are indeed genunie democratic rights.
So,
I would like to suggest that these six principles should be adopted.
In
democratic nations, every citizen has the right to express freely their
convictions and opinions, the right to assemble, the right of procession, the
right to settle and reside in any place within the
According
to the constitution, all the national people will enjoy rights of democracy
equally. So, regarding the rights of freedom, the detailed basic principles
from No 9 to No 13 should be adopted.
The
Work Committee Chairman also explained matters on prohibition of enslavement
of man, trafficking in persons, and forced labour. Democratic nations value
man and human rights.
Therefore,
points Nos 14 and 15 that say “The State prohibits enslaving of man and
trafficking in persons”, and “The State prohibits any form of forced
labour except hard labour as a punishment for crime convicted and duties
assigned thereupon by the State in accord with the law for public interests”
should be adopted.
Citizens
in the nation have the right to profess any religions of their choice such as
Christianity, Islam, Hinduism and Animism. Here, religious freedom should not
be associated with politics, social affairs and other secular affairs in the
interests of the people. There should be a principle to prohibit the misuse of
religion for political purposes and any act which is intended or is likely to
incite the feelings of hatred, enmity or discord between racial or religious
communities or sects.
The
plenary session of the National Convention held on 16 September 1993 laid down
104 basic principles, and one of them concerns religious freedom.
Thus,
the seven points from No 16 to No 22 should be adopted.
Some
characteristics of the customs and traditions of the national races are
similar in essence, and some are different from one another. So, ethnic groups
should have the rights to freely develop their literature, culture and arts.
The system of compulsory basic education for all citizens should be practised
to promote cultural and education standards of national races. National races
should have the rights to develop literature and arts, to explore science and
technology, and to freely express cultural matters. And outstanding citizens
should be awarded.
Thus,
the points Nos 23, 24 and 25 that concern cultural and education rights should
be adopted.
As
the Constitution will build a discipline-flourishing democratic nation, the
holding of election, a symbol of democracy, is important. There will be the
Pyithu Hluttaw, the Amyotha Hluttaw and Region or State Hluttaw with Hluttaw
members elected by the people. Every citizen, if he has all qualifications,
shall have the right to be elected to Hluttaws.
Respective
electorate shall have the right of recall if the Hluttaw members they have
elected fail to do their duty.
So,
among the points the WC Chairman discussed, points Nos 26 and 27 concerning
rights to election should be adopted.
The
future State will practise the market-oriented economic system. In this
regard, every citizen shall have the right to do businesses freely in
accordance with the system. The State should provide national entrepreneurs
with technical know-how, machinery, and raw materials. The State should also
guarantee citizens the rights of privacy of property, using assets,
innovation, and copyright in doing businesses without prejudice to the law.
Therefore,
the points Nos 28, 29 and 30 should be adopted.
In
respect of the rights to criminal laws, the Work Committee Chairman explained
judgments to be handed down in accordance with the law, the right of defence
against the charge, holding no citizen under detention for more than 24 hours
without the remand of a competent magistrate. These points should be adopted.
Every
citizen has the right to apply to the Supreme Court of the
A
basic principle says
The
points from No 35 to 40 concern the right to apply to the Supreme Court for
the obtainment of the rights, the power to issue writs, the right to seek a
right in times of an extraordinary situation, to seek protection of the State,
the right to enforce remedies for loss and damages, and restriction and
abrogation through enactment of necessary law. I would like to suggest they
should be adopted.
Every
citizen shall have the right to enjoy fundamental rights and shall discharge
duties conscientiously. Every citizen is responsible for upholding
non-disintegration of the
The points from No 41 to 47 that concern duties of citizens should be adopted.
The
term “The State” is stipulated in the Chapter “Citizenship, Fundamental
Rights and Duties of Citizens”. It is required that in a constitution, every
point is enumerated specifically.
Thus,
the point No 48 “The State” means a body that exercises legislative and
executive powers according to this Constitution should be adopted.
The
rights of human beings are rich in meaning. The scope of their meaning is
wider and wider day after day. In the Charter of the UN adopted on 24 October
1945, the expression about human rights is stated three times in three
different places; and in the Universal Declaration of Human Rights, 30 times.
We
are pleased with the fact that the points stipulated in the Chapter
“Citizenship, Fundamental Rights and Duties of Citizens” are in conformity
with the points included in the Universal Declaration of Human Rights.
We
members of the delegate group of other invited persons would like to suggest:
(a)
Every citizen is responsible for recognition and preservation of national
cultural heritage,
(b)
Every citizen is responsible for environmental conservation,
(c)
Every citizen is responsible for the development of human resources,
(d)
Every citizen is responsible for maintenance of public-owned property —
should be adopted as detailed basic principles for ensuring successful
completion of the National Convention.
Now,
delegate U Mann Aung Tin Myint will read the second part of our proposal, the
Role of the Tatmadaw.
Delegates
of other invited persons group pledge to march together with Tatmadaw till
reaching discipline-flourishing democratic state
Our
suggestions will be within the framework of the adopted basic principles.
The
Tatmadaw is the armed forces that fought together with the people in the
battles to regain independence. The Tatmadaw was founded after the formation
of its front runners — the Burma Independence Army, the Burma Defence Army
and the Patriotic Burmese Forces. It has daringly warded off all external and
internal dangers.
Today
the world nations are giving priority to their own interest in the
international relations sector. The end of the Cold War saw the disintegration
of the
Global
countries are trying to strengthen their armed forces to protect themselves
from the danger of the superpower.
In
his address delivered at the 60th Anniversary of the Armed Forces Day held on
27 March 2005, Commander-in-Chief of the Defence Services Senior General Than
Shwe gave guidance on the development of the State defence power, saying,
“To be able to totally safeguard our country that is enjoying progress, we
will have to raise our defence might by building a strong and qualified modern
Tatmadaw while inheriting the fine traditions of the brilliant soldiers of the
Tatmadaw founded by our Great Kings Anawrahta, Bayintnaung and Alaungphaya U
Aung Zeya.” The farsighted guidance is in accord with the nation’s
objective conditions.
At
the plenary session of the National Convention, the Chairman of the National
Convention Convening Work Committee gave a suggestion whether the point “The
Tatmadaw is strong, modern and must be the sole existing brilliant and
patriotic Tatmadaw” should be laid down or not. We need a Tatmadaw that will
never yield to the enemy. Thus, the point “The Tatmadaw is strong, modern
and must be the sole existing brilliant and patriotic Tatmadaw” should be
adopted.
But
in our view, the point should be read “The Tatmadaw formed with various
national races is strong, modern and must be the sole existing brilliant and
patriotic Tatmadaw” to reflect the national unity and enhance the
Tatmadaw’s dignity.
A
nation’s life rests on its own constitution. Because the constitution is the
main stem of her law. All in all, the constitution is a law, and the writing
of that law is based on the basic principles safeguarding “Our Three Main
National Causes”. Thus, jeopardizing the constitution means endangering the
sovereignty and security of the State. In other words, it is the most
dangerous threat to the national security and sovereignty. The only
institution that can effectively and swiftly ward off the threat is none other
than the Tatmadaw.
Hence,
the basic principle “The Tatmadaw is mainly responsible for safeguarding the
State Constitution” should be transferred as a detailed basic principle to
the sector of the role of the Tatmadaw.
In
this unipolar world,
As
the nation is going to use the people’s militia strategy, the task of
commanding all the armed forces goes to the Commander-in-Chief of Defence
Services. All the armed personnel should be responsible to the
Commander-in-Chief of the Defence Services (the Tatmadaw). Only then, will
they be able to work under single command.
Concerning
the command of the armed forces, I would like to suggest that the point “The
Defence Services Commander-in-Chief is the Supreme Commander of all armed
forces” should be adopted.
We
are in favour of adopting the two points “As a reference in designating the
official position of the Commander-in-Chief, the Commander-in-Chief is
designated as Vice-President level” and “The President shall appoint the
Commander-in-Chief of Defence Services with the proposal and recommendation of
the National Defence and Security Council”.
The
Tatmadaw members have to observe civil laws and rules and regulations in
addition to military laws and rules and regulations. In our country military
courts have been formed according to the Defence Services Act promulgated in
1959. Here, we would like to suggest that the points “Military justice for
members of the Tatmadaw may be administered according to law by a collective
organ or by a judge” and “The decision of the Commander-in-Chief of the
Defence Services is final and conclusive in military justice” should be
adopted as detailed basic principles.
Tatmadaw
members are persons who have warded off all internal and external enemies to
safeguard independence and sovereignty, and they will continue to discharge
their duties assigned to them by the new constitution. From the humanitarian
point of view, the point “A Law shall be enacted to provide assistance and
care for families of the disabled or fallen Tatmadaw members” should be
adopted as a detailed basic principle.
Moreover,
the point “The Tatmadaw shall render assistance to the people upon
occurrence of a calamity in the
Before
concluding my suggestions, the delegates of the other invited persons group
would like to thank Tatmadaw members and service personnel for their goodwill
services that are above the line of their duty to ensure every convenience for
the delegates at all the sessions of the National Convention. We would also
like to express thanks to the members of the subcommittees, the National
Convention Convening Management Committee, the National Convention Convening
Work Committee and the National Convention Convening Commission for ensuring
every satisfaction to the delegates.
In
our view, suggestions and proposals based on best ideas came out at the group
meetings because of the permission of the right to freely, frankly and
cordially participate in them. Thus, we are waiting for a reunion at the
National Convention.
I
would like to conclude my paper saying that we have made a firm determination
to continue to take part in the National Convention with true patriotism till
its successful completion and to march together with the Tatmadaw till
reaching the goal — a discipline-flourishing democratic state.
Citizenship,
naturalization and revocation of citizenship shall be prescribed by the law
I
am going to give suggestions on two points concerning the citizenship, six
points regarding equality, five points on freedom, two points in connection
with enslavement and forced labour, seven points on religious rights, three
points on cultural and educational rights, two points in relation with
election, three points regarding the economic rights, four points relating to
criminal procedures, six points on protection guaranteed by the constitution,
seven points concerning the duties of citizens, and one point on the term the
State.
The
1947 Constitution and the 1974 Constitution and the constitutions of other
world nations also state the chapter “Citizenship, Fundamental Rights and
Duties of Citizens”. We find the 48 points comprehensive.
Concerning
the citizenship, the group agrees that the following points should be adopted.
“(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 existing laws on the date
this Constitution comes into force”
(2)
Citizenship, naturalization and revocation of citizenship shall be prescribed
by the law”
The
following points should be adopted concerning the equality of citizens.
“1.
The State shall enable any citizen to enjoy equal rights before the law and
shall equally provide legal protection.
2.
The State shall not discriminate against or in favour of any citizen based on
race, birth, religion, official position, status, culture, sex and wealth.
3.
Citizens shall enjoy equal rights in the following spheres —
(a)
public employment
(b)
occupation
(c)
trade
(d)
business
(e)
technical know-how and vocation
(f)
science and technology
4.
Women shall be entitled to the same rights and salaries as that received by
men in respect of similar work.
5.
Mothers, children and expectant women shall enjoy rights as prescribed by law.
6.
The State shall, in appointing or assigning duties, not discriminate against
or in favour of any citizens with qualifications set for positions or duties
based on race, birth, region, and sex.
However,
nothing in this section shall prevent appointment of men to the positions that
are naturally suitable for men only”.
The
Chairman of the National Convention Convening Work Committee explained the
following points.
“1.
Nothing shall, except in accord with existing laws, be detrimental to the
lives and personal freedom of any citizens
2.
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 and the right of
procession
(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
3.
Every citizen shall have the right to settle and reside in any place within
the
4.
The
5.
The State shall, by law, protect the privacy and security of the home,
property, correspondence and other communications of citizens subject to the
provisions of this Constitution.”
Our
nation is going to exercise genuine multi-party democracy system through a new
enduring Constitution. In the process, it is found that among the democratic
practices are freedom of speech, press, assembly, procession, association,
settlement in the State, property ownership and security of premises, etc. In
view of the provisions of the constitutions of many nations, it is found that
they prescribe the provisions that are in conformity with prevailing
situations after taking into consideration the national security, prevalence
of law and order, community peace and tranquility apart from the historical,
political, economic and social aspects of respective nations. Thus the
above-mentioned points should be adopted.
Now
I will deal with the following points.
“1.
The State prohibits enslaving of man and trafficking in persons.
2.
The State prohibits any forms of forced labour except hard labour as a
punishment for crime whereof the party shall have been duly convicted and
duties assigned by the State in accord with the law in the interests of the
State and the people.”
In
practising democracy, man is of most fundamental factor. It opposes enslaving
of human and trafficking in persons that were common in ancient times of the
world. The constitutions of many nations oppose forced labour, except hard
labour for those who are sentenced to prison terms according to law, and the
State's assigning duties in accord with the law in the interests of the State
and the people. Hence, the above-mentioned points should be adopted.
“1.
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.
2.
The above right shall not include any economic, financial, political or other
secular activities that may be associated with religious practice.
3.
The freedom so guaranteed shall not debar the State from enacting laws for the
purpose of social welfare and reform.
4.
The State recognizes the special position of Buddhism as the faith professed
by the great majority of the citizens of the State.
5.
The State also recognizes Islam, Christianity, Hinduism and Animism as some
religions existing in the
6.
The State shall help and protect as much as it can the religions it
recognizes.
7.
The abuse of religion for political purposes is forbidden; and any act which
is intended or is likely to incite feelings of hatred, enmity or discord
between racial or religious communities or sects is contrary to the State
Constitution and may be made punishable by law.”
Buddhism
is the faith professed by the great majority of the citizens of the nation.
There are also citizens in the nation who profess Islam, Christianity,
Hinduism and Animism. So, the citizens in the State should have the right to
freely profess any faiths of their choice. In this regard, there should be a
principle that ensures the exercise of this right shall not, in the interests
of the State and the people, associate with politics, social affairs and other
secular affairs, abuse of religion for political purpose, and any act which is
intended or likely to incite feelings of enmity, conflicts and disagreements
between racial or religious communities or sects. Hence, the above-mentioned
points should be adopted.
Now
I will discuss the following points.
“1.
Every citizen shall, in accord with the law, has the right to freely develop
literature, culture, arts, customs and traditions he loves. In the process,
one and all 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 obtaining the consent of those affected
2.
Every citizen, in accord with the education policy laid down by the State
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 do research on culture
3.
The State shall encourage and provide, based on qualifications, assistance for
citizens outstanding in the education, irrespective of race, religion, and
sex.”
A
national race, in enjoying this right, will have to avoid any particular
action in this respect which might adversely affect the literature, culture
and arts of other national races. The State shall, in the education aspect,
encourage and provide assistance for citizens outstanding in education
irrespective of race, religion, and sex. So, the points should be adopted.
State
shall help national businessmen have access to technologies, investments,
machinery, and raw materials
First
I would like to give suggestion on points
“1.
Subject to this Constitution and relevant laws, every citizen shall have the
right to elect and to be elected to the Pyithu Hluttaw, the Amyotha Hluttaw,
the Region or State Hluttaw; and
2.
Respective electorate shall have the right to revoke the duties of a Hluttaw
member in accord with the law”
Hluttaws
at different levels have to be formed in accord with the provisions of the
Constitution to carry out such matters. After the terms of Hluttaws have been
fixed, the people will have to elect Hluttaw members representing the people
to carry out functions. The people also have the right to be elected in accord
with the law.
The
people shall be given the right to revoke, in accord with the law, the duties
of a representative they have elected if he is not dutiful. Hence, the
above-mentioned points should be adopted.
The
Chairman of the National Convention Convening Work Committee explained the
following points.
“1.
Every citizen shall have the right to freely do business in accord with the
law for the national economic development.
2.
The State shall help national businessmen have access to technologies,
investments, machinery, and raw materials.
3.
In doing businesses without prejudice to the law, every citizen should be
guaranteed the rights of privacy of property, using assets, innovation, and
copyright by the State.”
To
ensure national economic development, citizens shall have the right to freely
do businesses in accord with the law, and the State shall help them have
access to technologies, investments, machinery, and raw materials. Moreover,
the State shall give guarantee to the citizens in doing businesses without
prejudice to the law, the citizens should be guaranteed privacy of property,
rights to use assets and to innovate. Hence, the above-mentioned points should
be adopted.
The
Work Committee Chairman clarified the following points at the National
Convention.
“1.
An accused should be convicted of crime in accord with the law at the time of
the commission of the offence, nor shall he be subjected to a penalty greater
than that applicable.
2.
Except the matter for which a next higher court revokes a judgement and orders
to rehear the case regarding the judgement in which the court concerned
convicted or acquitted an accused of the crime, any cases shall not be
reheard.
3.
An accused shall have the right to make an argument against the charge.
4.
No citizen shall, except matters on precautionary measures taken for security
of the State, prevalence of law and order, and community peace and
tranquillity in accord with the law in the interests of the people, or the
matters permitted according to an existing law, be placed in custody for more
than 24 hours without the sanction of a competent judicial organ.”
An
accused should be convicted of crime in accord with the law at the time of the
commission of the offence, nor shall he be subjected to a penalty greater than
that applicable. Except the matter for which a next higher court revokes a
judgement and orders to rehear the case regarding the judgement in which the
court concerned convicted or acquitted an accused of the crime, any cases
shall not be reheard. An accused shall have the right to make an argument
against the charge. Security of the State, prevalence of law and order, and
community peace and tranquillity are major requirements for the State and
people. Therefore, no citizen shall, except matters on preventive measures, be
placed in custody for more than 24 hours without the sanction of a competent
judicial organ. We would like to suggest that the above-mentioned points
should be adopted.
Now
I will deal with the points the Work Committee Chairman explained at the
National Convention.
“1.
The right to move the Supreme Court of the
2.
The Supreme Court of the
(a)
Writ of habeas corpus
(b)
Writ of mandamus
(c)
Writ of prohibition
(d)
Writ of quo warranto
(e)
Writ of certiorari
The
power to issue writs vested in the Supreme Court of the
3.
In times of the following situations, the power to issue writs according to
para (36) shall not be suspended unless the public safety may so require:
(a)
in time of war,
(b)
in time of invasion,
(c)
in time of rebellion;
4.
Every citizen, at home or abroad, dealing with foreign countries shall have
the right to seek protection of the State;
5.
Except the following situations, the right to enforce remedies prescribed by
law shall not be suspended regarding the deprivation of citizens —
(a)
in time of invasion,
(b)
in time of rebellion,
(c)in
time of insurrection or grave emergency,
6.
If there are, of the rights prescribed in this chapter, some rights that need
to be restricted or revoked, they should be done so only after the enacting of
a necessary law for members who are discharging national defence duties, or
duties for prevalence of law and order and State security to be able to
discharge their duties effectively with discipline.”
The
power to issue writs shall not be suspended unless, in times of war, invasion,
rebellion, insurrection or grave emergency, the public safety may so require.
In carrying out tasks, some citizens may have to deal with foreign countries.
Such citizens, at home or abroad, should have the right to seek protection of
the State.
If
there are, of the rights prescribed in this chapter, some rights that need to
be restricted or revoked, they should be done so only after the enacting of a
necessary law for members who are discharging national defence duties, or
duties for prevalence of law and order and State security to be able to
discharge their duties effectively with discipline. Hence the above-mentioned
points should be adopted.
Now,
I will give suggestions on the following points the Work Committee Chairman
clarified at the plenary session of the National Convention.
“1.
Every citizen is responsible to uphold:
(a)
Non-disintegration of the
(b)
Non-disintegration of national solidarity
(c)
Perpetuation of sovereignty
2.
Every citizen is responsible to abide by the provisions of the Constitution.
3.
Every citizen is responsible to safeguard independence, sovereignty, territory
of the Union of Myanmar.
4.
Every citizen, equipped with Union Spirit, is responsible to enhance unity
among national races and to ensure community peace and stability.
5.
Every citizen is responsible to build a modern developed nation.
6.
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
7.
Every citizen is responsible to pay taxes to be levied according to the
law.”
Every
citizen should enjoy the fundamental rights bestowed by the Constitution and
dutifully carry out tasks that associate with the fundamental rights. The most
crucial task among those every citizen has to carry out is to uphold Our Three
Main National Causes for ensuring perpetual existence of the State. Besides
that, every citizen has to carry out bounden duties to safeguard independence,
sovereignty, and territory of the State; to enhance unity among national
races; to make efforts to ensure community peace and tranquility; to build a
modern developed nation; and to undergo military training in accord with the
provisions of the law to be able to discharge national defence duties if
necessary. Moreover, citizens are to pay taxes to be levied according to the
law. In our view, the above-mentioned points should be adopted.
As
regards the point “The term ‘the State’ stipulated in this Chapter means
a body that exercises legislative and executive powers according to this
Constitution” we are in favour of adopting it as a detailed basic principle.
Tatmadaw,
core armed forces for national defence
We
find the clarifications made by the Chairman of the National Convention
Convening Work Committee at the plenary session of the National Convention
concerning the following 14 points for the chapter “the Role of the Tatmadaw”
clear and comprehensive.
1.
“The Tatmadaw is strong, modern and must be the sole existing brilliant and
patriotic Tatmadaw”
2.
“The Tatmadaw is mainly responsible for safeguarding the State
Constitution”
3.
“The Tatmadaw is mainly responsible for safeguarding non-disintegration of
the
4.
“The Tatmadaw shall lead 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
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 designate as Vice-President
level”
9.
“The President shall appoint the Commander-in-Chief of Defence Services with
the proposal and recommendation of the National Defence and Security
Council”
10.
“The Tatmadaw has the right to independently administer all affairs
concerning the forces”
11.
“Military justice for members of the Tatmadaw may be administered according
to law by a collective organ or by a judge”
12.
“The decision of the Commander-in-Chief of the Defence Services is final and
conclusive in military justice”
13.
“A Law shall be enacted to provide assistance and care for families of the
disabled or fallen Tatmadaw members”
14.
“The Tatmadaw shall render assistance to the people upon occurrence of a
calamity in the
As
regards the point “The Tatmadaw is strong, modern and must be the sole
existing brilliant and patriotic Tatmadaw” explained by the Work Committee
Chairman, we would like to suggest that the Tatmadaw should be endowed with
the three capabilities.
The
Tatmadaw must be strong, modern and qualified to safeguard independence and
sovereignty. It must possess advanced technologies to totally safeguard all
the land, water territory and air space of the nation.
Hence,
the point “The Tatmadaw is strong, modern and must be the sole existing
brilliant and patriotic Tatmadaw” should be adopted.
A
nation’s life rests on its own constitution, that states the powers and
functions of the governing bodies and the rights of the people. The Tatmadaw
has the duty to safeguard the nation that is on the road to progress and
modernization in accord with the constitution. In this regard, we would like
to suggest that the point “The Tatmadaw is mainly responsible for
safeguarding the State Constitution” should be adopted.
History
bears witness to the fact that the national races always took part with unity
in the struggles to regain independence and safeguard independence.
With
strong patriotism, the national brethren launched armed struggles against the
colonialist enslavement. Both the struggles to regain independence and the
struggles to safeguard independence involved a large number of Tatmadaw
members, who are sons and daughters of the nationalities, as well as service
personnel and people daringly taking part in the battles with the sacrificing
spirit. The Tatmadaw has been safeguarding the nation while keeping in the
fore the national cause.
Hence,
the points “The Tatmadaw is mainly responsible for safeguarding
non-disintegration of the
The
National Convention has laid down the detailed basic principle “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”.
throughout the anti-colonialist struggles and the national liberation
struggles, the national people, with their unyielding spirit and the love for
the motherland, strove to regain the lost independence and sovereignty. In the
peace time also the nation should be aware of all the attempts of some nations
that want to dominate or intrude into Myanmar through political, economic,
social, diplomatic, ideological, military and propaganda means. In this
regard, we would like to suggest 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 adopted.
With
the Tatmadaw as the main pillar, the stability of State, community peace and
tranquillity and the rule of law should be ensured with the strength of the
national people. The endeavour should be free from foreign assistance to the
most possible degree. Hence, the point “All the armed forces in the
Concerning
the role of the Commander-in-Chief of Defence Services we would like to
suggest that the point “The Defence Services Commander-in-Chief is the
Supreme Commander of all armed forces” laid down by the National Convention
should be transferred to the chapter of the role of the Tatmadaw and should be
adopted as a detailed basic principle.
As
the Commander-in-Chief is the main person responsible for State security and
defence, he has to command all the armed forces formed according to the law.
As he is the person discharging the State security and defence duty,
designation of his official position should be in conformity with the
importance of his duty. Hence, we would like to suggest that the point “As a
reference in designating the official position of the Commander-in-Chief, the
Commander-in-Chief is designated as Vice-President level” should be adopted
as a detailed basic principle.
The
National Convention has already laid down the basic principle “The President
is the Executive Head of State”. The duty to appoint the Commander-in-Chief
of Defence Services should be vested in the President. In entrusting the
President with the duty to do so, it will be more appropriate if the
appointment is made after seeking the proposal and recommendation of the
National Defence and Security Council rather than by the President alone.
Hence,
concerning the appointment of the Commander-in-Chief of Defence Services, we
would like to propose that the point “The President shall appoint the
Commander-in-Chief of Defence Services with the proposal and recommendation of
the National Defence and Security Council” should be adopted.
As
the Tatmadaw has been able to preserve and follow its 12 noble traditions, and
run its staff, adjutant and quartermaster affairs through proper channels and
has been also a disciplined institution endowed with 10 strengths, it has been
standing with eternal unity that cannot be divided by any one.
Obedience
serves as a system to control the entire Tatmadaw. Obedience has been an
essential requirement since the formation of the Tatmadaw. Because of the
Tatmadaw members’ total obeisance to the commands, the Tatmadaw was able to
regain independence and continue to safeguard the independence. The nature of
military duty to safeguard independence and sovereignty is a 24-hour service
that requires launching of operations and missions and accomplishing them
according to schedule or in time. The Tatmadaw will be able to dutifully
perform its task only if it has the right to administer all affairs concerning
the forces.
Mostly,
State security and defence task involves secrets that need urgent action and
swift accomplishment.
Thus,
the point “The Tatmadaw has the right to independently administer all
affairs concerning the forces” should be adopted as a detailed basic
principle for the chapter “the Role of the Tatmadaw”.
As
the Tatmadaw is the armed forces, civil rules and regulations are not adequate
in enforcing the discipline in it. The discipline enforcement is carried out
with a special law containing provisions for extraordinary conditions.
Discipline is the backbone of the Tatmadaw. Discipline enforcement and current
military requirements are the significant condition of armed forces. We have
found that the articles 98 and 99 of the 1974 Constitution said, “Justice
shall be administered collectively by each judicial organ. Military justice
for members of the People’s Defence Services may be administered according
to law by a collective organ or by a single judge.”
Thus,
the point “Military justice for members of the Tatmadaw may be administered
according to law by a collective organ or by a judge” should be adopted.
The Commander-in-Chief of the Defence Services will have to issue orders and
directives as may be necessary for further enforcing discipline. The
Commander-in-Chief is the person who knows the requirements for discipline
enforcement and current military affairs totally. He is the man who commands
the soldiers according to the law.
Hence,
the point “The decision of the Commander-in-Chief of the Defence Services is
final and conclusive in military justice” should be adopted.
Moreover,
we are in support of adopting the points “A Law shall be enacted to provide
assistance and care for families of the disabled or fallen Tatmadaw members”
and “The Tatmadaw shall render assistance to the people upon occurrence of a
calamity in the Union that affects the nation and the people” should be
adopted.
We
find that all the 14 points explained by the Work Committee Chairman at the
plenary session of the National Convention are appropriate to be adopted as
detailed basic principles for the chapter “the Role of the Tatmadaw.”
