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Plenary
session of National Convention continues at Nyaunghnapin Camp
YANGON,
10 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, Taninthayi, 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,
Taninthayi, 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, Taninthayi, 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.
Secretary-1
Lt-Gen Thein Sein presided over the Plenary Session of the National Convention
and Secretary of the National Convention Convening Commission Minister for
Information Brig-Gen Kyaw Hsan acted as master of ceremonies.
The
Master of Ceremonies announced the validity of the meeting as 1,064 delegates
out of 1,079 were present, accounting for 98.61 per cent.
First,
National Convention Convening Work Committee Chairman U Aung Toe Clarified
matters on the detailed basic principles for the Chapter Citizenship,
Fundamental Rights and Duties of Citizens to be included in the State
Constitution.
(The
clarification is reported separately.)
Next,
National Convention Convening Work Committee Secretary U Thaung Nyunt
presented clarifications made by the Chairman of NCCWC on the detailed basic
principles for the Chapter Citizenship, Fundamental Rights and Duties of
Citizens to be included in the State Constitution.
(The
presentation is reported separately.)
Afterwards,
National Convention Convening Commission Member Deputy Minister for
Information U Thein Sein presented clarifications made by the Chairman of
NCCWC on the detailed basic principles for the Chapter Citizenship,
Fundamental Rights and Duties of Citizens to be included in the State
Constitution.
(
The presentation is reported separately.)
Later,
National Convention Convening Commission Member Deputy Attorney-General Dr Tun
Shin presented clarifications made by the Chairman of NCCWC on the detailed
basic principles for the Chapter Citizenship, Fundamental Rights and Duties of
Citizens to be included in the State Constitution and the plenary session took
a break.
(The
presentation is reported separately.)
When
the plenary session resumed, Vice-Chairman of the National Convention
Convening Work Committee Attorney-General U Aye Maung presented clarifications
made by the Chairman of NCCWC on detailed basic principles concerning with the
role of the Tatmadaw to be included in the State Constitution and the plenary
session adjourned at 11.15 am.
(The
presentation is reported separately.)
Meetings
of National Convention delegate groups held
YANGON,
10 Jan — Meetings of National Convention delegate groups took place at
designated halls of Nyaunghnapn Camp in
The
meeting of the delegate group of political parties was held at the meeting
hall-1. U Tun Yin Law of National Unity Party presided over the meeting
together with U Philip Sam (a) U Saw Philip of Wa National Development Party.
Deputy Director U Khin Maung Phyu of the work group-3 of the National
Convention Convening Work Committee acted as master of ceremonies and
Assistant Director U Khin Sein as co-MC. U Tun Yin Law made an opening speech.
Next,
the compilation of proposals of the seven political parties regarding the
basic principles on fundamental rights and responsibilities of the citizens
the role of the Tatmadaw and the date of the submission of the proposals were
discussed. Later, the meeting chairman gave concluding remarks.
The
meeting of the delegate group of representatives-elect was held at the meeting
hall-2. U Yaw Aye Hla of Lahu National Development Party presided over the
meeting together with U Maung Gyi of the Union Pa-O National Organization and
U San Tha Aung of Mro or Khami National Solidarity Organization. Deputy
Director U Maung Maung Phyu Tint of the work group-4 of the National
Convention Convening Work Committee acted as master of ceremonies and
Assistant Director Daw Mi Mi Shein as co-MC.
Alternate
Chairman U Yaw Aye Hla of Lahu National Development Party delivered an opening
address.
The
delegates from elected delegate group discussed compiling of papers and
setting of date regarding detailed basic principles fundamental rights and
responsibilities of the citizens as and the role of the Tatmadaw that should
be laid down. The meeting ended with the concluding remarks by the chairman.
The
meeting of national races delegate group was held at the Pyidaungsu Hall this
afternoon.
U
Mya Sein of Mandalay Division acted as alternate chairman and U Maung Hla (a)
U Hla Myint of Taninthayi Division and Duwa Zok Dong of
Deputy
Director of Work Committee Group-5 U Than Tun acted as master of ceremonies
and Assistant Director U Tin Maung Oo as joint master of ceremonies. Chairman
U Mya Sein spoke at the meeting.
The
delegates from national races delegate group discussed compiling of papers
regarding detailed basic principles fundamental rights and responsibilities of
the citizens and the role of the Tatmadaw that should be laid down.
The
meeting ended with the concluding remarks by the chairman.
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
I
would like to present the findings of the National Convention Convening Work
Committee regarding the detailed basic principles for the Chapter Citizenship,
Fundamental Rights and Duties of Citizens to be included in the State
Constitution.
In
drafting the State Constitution for our nation, it is required to prescribe
the Chapter Citizenship, Fundamental Rights and Duties of Citizens. Only then,
will a person understand, when studying the Constitution, the requirements to
be citizenship, what the fundamental rights entrusted to the nationals
according to the Constitution are, and what duties they have to carry out in
the interests of the State are.
A
glance at the constitutions of world nations, it is found that many of them
draw a chapter Citizenship, Fundamental Rights and Duties of Citizens. The
1947 Constitution of our nation includes a chapter Fundamental rights that
prescribes the fundamental rights for the citizens. And the 1974 Constitution
includes a chapter Fundamental Rights and Duties of Citizens.
Generally,
the fundamental rights that should be prescribed in the Constitution are
requirements to be citizenship, the equality before the law, the freedom of
expression, the freedom of publication, the right to organize, the right to
settle and reside in any part of the Union, the right to acquire property, the
right of privacy and security of premises, the right of being free from forced
labour, the right to profess and practice any religion of one’s belief, the
right to develop the arts, education, literature and other branches of
culture, the right to elect and to be elected to the Hluttaws, the right to
freely operate any business activity permitted by the State, the right to be
put under arrest, investigated and tried only in accordance with prescribed
laws in criminal cases, the right to enforce remedies for loss & damages
and so forth. The citizens, in enjoying these rights, shall not harm Our Three
Main National Causes namely Non-disintegration of the
Moreover,
since the time immemorial, all the national races have been living in our
The
people need to take great care in enjoying the fundamental rights according to
the Constitution in order not to harm the unity among the national races, and
the culture, customs, traditions, arts and literature of a national race
cannot be adversely affected by another national race.
It
cannot be said that the fundamental rights come into force by mere inserting
and adopting them by the Constitution. It is required to make the fundamental
rights meaningful by means that the people realize and enjoy them correctly,
enforcing constitutional remedies in accord with the law if they are deprived
of their fundamental rights bestowed by the Constitution. If the citizens,
instead of that, choose violent means, they will lose the fundamental rights.
Therefore, to enjoy the fundamental rights bestowed by the Constitution the
citizens need to exercise in a justified and fair manner.
I
would like to present the findings of the Work Committee regarding being
citizenship, a fundamental right. The National Convention has laid down a
principle for this point as follows —
“All
persons born of parents both of whom are nationals are citizens of the nation.
Persons who are vested with citizenship according to the existing laws on the
date this Constitution comes into force are also citizens. Citizenship,
naturalization and revocation of citizenship shall be as prescribed by law.”
It
is presumed that this principle the National Convention has laid down is
appropriate for citizenship, naturalization and revocation of citizenship. A
similar principle is prescribed in the 1974 Constitution. So, regarding
citizenship, discussions are to be held and suggestions to be made so as to
assess the point that the detailed basic principle the National Convention has
laid down:
“(1)
All persons who have either one of following requirement 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 should be adopted in the Chapter Citizenship, Fundamental Rights
and Duties of Citizens or not.
Now,
I would like to present the findings of the Work Committee regarding the right
of equality and the right of freedom to be included in the fundamental rights
of the citizens. Regarding the right of equality and the right of freedom, the
National Convention has laid down a basic principles as follows:
Every
citizen shall enjoy the rights of equality, rights of liberty, and rights of
justice etc. as prescribed in the State Constitution.
The
rights of equality, the rights of liberty, and the rights of justice are the
noblest and worthiest of worldly values. In other words, such values are
democratic rights the people should enjoy in building a democratic nation. Of
them, we all have upheld the value Equality before the law in all seriousness.
All the citizens in the State shall be equal before the law and shall have
equal protection of law.
Moreover,
all citizens are equal before the law irrespective of race, birth, religion,
official position, culture, sex and wealth. Expectant women, mothers, and
children shall enjoy those rights prescribed by law. No citizens, racial,
religious and sexual, shall be discriminated against in regard to government
employment. However, only men shall, in the interests of the State, be
appointed to the positions that are naturally suitable for men only.
So,
regarding ensuring equality among citizen, discussions are to be held and
suggestions to be made so as to assess the point that the detailed basic
principle:
“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”
should
be adopted or not.
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 tranquillity apart from the historical,
political, economic and social aspects of respective nations. Similarly, the
provisions on the fundamental rights in the 1947 Constitution and the 1974
Constitution were prescribed as they were in conformity with the prevailing
situations at respective times. In addition, our nation should not let itself
lose sight of the invaluable knowledge that some nations that hastily
transformed themselves into democratic ones without necessary good foundations
for democratic practices are having their peace & tranquiliity affected
and encountering hardships.
So,
regarding the rights, discussions are to be held and suggestions to be made so
as to assess the point that the detailed basic principle—
“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” should be adopted or not.
The
State also recognize Islam, Christianity, Hinduism and Animism as some
religions existing in the Union on the date of the coming into force of the
State Constitution
YANGON,
10 Jan— The following is a translation of presentation on clarifications of
National Convention Convening Work Committee Chairman concerning the detailed
basic principles for the Chapter Citizenship, Fundamental Rights and Duties of
Citizens to be included in the State Constitution by Secretary of National
Convention Convening Work Committee U Thaung Nyunt at the plenary session of
the National Convention this morning.
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 under law, and the State's
assigning duties in accord with the law in the interests of the State and the
people. In the 1947 Constitution of our nation were some provisions that
prohibited such unjust matters.
So,
regarding enslaving of man and forced labour, discussions are to be held and
suggestions to be made so as to assess the point that the detailed basic
principle—
“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”
should
be adopted or not.
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 promote feelings of enmity, conflicts and disagreements
between racial or religious communities or sects.
The
detailed basic principles the National Convention has laid down, regarding
religious faiths, are:
“1.
Every citizen 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 recognize the special position of Buddhism as the faith professed by
the great majority of the citizens of the State
5.
The State also recognize 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 promote 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.”
The
right of religious freedom should cover not only the citizens but also foreign
registration citizens. The 1947 Constitution bestowed the right of religious
freedom covering all people including the citizens.
So,
regarding the right of religious freedom, with reference to the basic
principles the National Convention has laid down, discussions are to be held
and suggestions to be made so as to assess the point that the detailed basic
principle—
“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 recognize the special position of Buddhism as the faith professed by
the great majority of the citizens of the State
5.
The State also recognize 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 promote 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.”
should
be adopted or not.
More
than one hundred national races live in our nation. Some customs, culture and
arts of the national races are similar and some are not. The majority of the
national races use
Regarding
the education, every citizen should be given education in accord with the
education policies. High literacy rate plays an important role in building a
modern developed nation. It is a unforgettable lesson taken from the
nation’s history that in the colonial days, some national peasant farmers
who did not enjoy the right to pursue education lost their farmland unjustly
due to deception of unscrupulous persons. So, it is required to enact a law
that every citizen shall be given basic education as compulsory. And every
citizen should have the right to pursue science and to carry out innovation in
literature and arts. However, 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,
regarding the right on education, discussions are to be held and suggestions
to be made so as to assess the point that the detailed basic principle—
“1.
Every citizen shall, in accord with the law, have the right to freely develop
literature, culture, arts, customs and traditions they love. 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 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.”
should
be adopted or not.
I
would like to present the findings of the Work Committee regarding the
detailed basic principles for the rights to elect and to be elected.
Now,
the number of the population of our nation has touched more than 50 million
and it is growing day after day. The State will exercise the multi-party
democracy system after the approving of the State Constitution. Now, all
necessary foundations are being built to achieve this goal. In a democratic
nation, the State’s sovereignty resides in the people. However, practically
all the people cannot assemble, discuss and decide matters on sovereignty in a
single place. So, 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.
So,
regarding the rights to elect and to be elected, discussions are to be held
and suggestions to be made so as to assess the point that the detailed basic
principle—
“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;
2.
Respective electorate shall have the right to revoke the duties of a Hluttaw
member in accord with the law”
should
be adopted or not.
A
basic principle has been adopted to designate the market-oriented economic
system as a national basic principle. National economic development plays a
major role in the drive for proper evolution of the market-oriented economic
system. With the national economic development, the nation will enjoy
all-round development. 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.
So,
regarding the rights to do businesses, discussions are to be held and
suggestions to be made so as to assess the point that the detailed basic
principle —
Every
citizen shall have the right to freely do business in accord with the law for
the national economic development
“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”
should
be adopt or not.
I
have presented matters to adopt the detailed basic principles for the citizens
to enjoy equality before the law and equal legal protection as well as the
matter that nothing shall, except in accord with existing laws, be detrimental
to the lives and personal freedom of any citizens. And citizens should also
enjoy the rights in relation to criminal law. An accused should be convicted
of crime in accord with the law at the time of the commission of the offense,
nor shall he be subjected to a penalty greater than that applicable. Except
the matter for which a next higher court revokes a judgment and orders to
rehear the case regarding the judgment 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.
One
of the detailed basic principles laid down says, There shall be no right to
hold a citizen in detention for more than 24 hours without the permission of a
law court. Not just the citizens but foreign registration citizens should have
that detailed basic principle.
So,
regarding the rights in relation to criminal law, discussions are to be held
and suggestions to be made so as to assess the point that the detailed basic
principle—
“1.
An accused should be convicted of crime in accord with the law at the time of
the commission of the offense, nor shall he be subjected to a penalty greater
than that applicable
2.
Except the matter for which a next higher court revokes a judgment and orders
to rehear the case regarding the judgment 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”
should
be adopted or not.
Harming
and jeopardizing of the fundamental rights bestowed by the Constitution is
indeed violation of the provisions of the criminal law
YANGON,
10 Jan— The following is a translation of presentation on clarifications of
National Convention Convening Work Committee Chairman concerning the detailed
basic principles for the Chapter Citizenship, Fundamental Rights and Duties of
Citizens to be included in the State Constitution by member of National
Convention Convening Commission Deputy Minister for Information U Thein Sein
at the plenary session of the National Convention this morning.
Generally,
the harming and jeopardizing of the fundamental rights bestowed by the
Constitution is indeed violation of the provisions of the criminal law, so
action shall be taken against such a violator in accord with the law. In this
regard, there should be an authoritative body to enable an affected person to
receive effective and prompt protection as well as to remedy his deprivations
in such a matter that the harming of a fundamental right for which taking
action under a criminal law is not sufficient. It is found that many of the
nations that exercise democratic system vested power in the Supreme Court to
issue writs to handle such a case.
According
to the 1947 Constitution of our nation, the power to issue writs was vested in
the Supreme Court. When the Supreme Court found out that a fundamental right
was harmed, it issued a writ to revoke or amend the wrong judgment of the
court concerned. Among the detailed basic principles on judiciary the National
Convention has laid down for State principles are- In the State is constituted
one Supreme Court of the
-
The Supreme Court of the
-
The Supreme Court of the
The
National Convention has laid down a detailed basic principle that in the State
is constituted one Supreme Court of the
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 1947 Constitution
carried some provisions on similar matters.
So,
regarding the rights to enforce remedies according to the Constitution,
discussions are to be held and suggestions to be made so as to assess the
point that the detailed basic principle—
“1.
The right to move the Supreme Court of the
2.
The Supreme Court of the
(a)
Writs of Habeas Corpus
(b)
Writs of Mandamus
(c)
Writs of Prohibition
(d)
Writs of Quo Warranto
(e)
Writs of Certiorari
The
vesting of the Supreme Court of the
3.
In times of the following situations, the power to issue writs shall not be
suspended unless the public safety may so require. In carrying our 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.
(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”
should
be adopted or not.
Every
citizen is responsible to abide by the provisions of the Constitution
YANGON,
10 Jan— The following is a translation of presentation on clarifications of
National Convention Convening Work Committee Chairman concerning the detailed
basic principles for the Chapter Citizenship, Fundamental Rights and Duties of
Citizens to be included in the State Constitution by member of National
Convention Convening Commission Deputy Attorney-General Dr Tun Shin at the
plenary session of the National Convention this morning.
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 tranquillity; 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.
So,
regarding the duties of citizens, discussions are to be held and suggestions
to be made so as to assess the point that the detailed basic principle—
See
page
“1.
Every citizen is responsible to uphold:
(a)
Non-disintegration of the
(b)
Non-disintegration of national solidarity
(c)
Perpetution 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.”
should
be adopted or not.
In
the provisions for the Chapter Fundamental Rights in the constitutions of some
nations, the word the State is stipulated together with its definition. The
word The State is defined in the provision Fundamental Rights stipulated in
Sector (2) of the 1947 Constitution. So, in adopting the detailed basic
principles for the Chapter Citizenship, Fundamental Rights and Duties of
Citizens, the National Convention should adopt the definition of the word The
State as a detailed basic principle to specify what bodies are meant for the
word The State.
So,
regarding the word The State, discussions are to be held and suggestions to be
made so as to assess the point that the detailed basic principle—
The
word The State stipulated in this Chapter means a body that exercises
legislative and executive powers according to this Constitution,
should
be adopted or not.
Based
on the findings and reviews I have discussed, I would like to present the
detailed basic principles as a whole regarding the Chapter Citizenship,
Fundamental Rights and Duties of Citizens of the Constitution.
“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
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 be 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 vocation
(f)
exploration of science & 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, region, 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 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 the law
12.
The State shall, according to the law, protect every citizen's belongings and
property 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 for public interests
16.
Any person 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
religions existing in the
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 promote 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
consultation and amicable settlement with those affected
24.
Every citizen, in accord with the education policy laid down by the
(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.
The State shall encourage and provide, based on qualifications, assistance for
citizens outstanding in the 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 be elected to the Pyithu Hluttaw, the Amyotha Hluttaw,
the Region or State Hluttaw;
27.
Respective electorate shall have the right to recall a Hluttaw member in
accord with the law.
28.
Every citizen shall have the right to freely operate any business activity 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 operating businesses without prejudice to the law, every citizen is
guaranteed the rights of property ownership, using assets, initiation, and
copyright by the
31.
Subject to provisions of this Constitution or existing laws, the State
guarantees the right of ownership of property, using of assets and initiation
and copyright in operating business activities. Moreover, he shall not be
subject to a penalty greater than that is applicable.
32.
Any person convicted or acquitted by a competent court for an offence he shall
not be retried unless a superior court annuls a judgement and orders to retry
the case.
33. An accused shall have the right of defence in accordance with law.
34.
No citizen shall, except matters on precautionary measures taken in accordance
with law for the security of the State or prevalence of law & order or the
peace & 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. The right to apply to the Supreme Court of the
36.
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)
Writs of Habeas Corpus
(b)
Writs of Mandamus
(c)
Writs of Prohibition
(d)
Writs of Quo Warranto
(e)
Writs of Certiorari
The
right to issue writs by the Supreme Court of the
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 invasion,
(c)
in time of rebellion.
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 grievences of the citizens legally
entitled under law shall not be refused —
(a)
in time of invasion,
(b)
in time of rebellion,
(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 the maintenance of public oorder 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.
41.
Every citizen is responsible to uphold:
(a)
Non-disintegration of the
(b)
Non-disintegration of national solidarity
(c)
Perpetuation of sovereignty
42.
Every citizen is responsible to abide by the provisions of the Constitution
43.
Every citizen is responsible to safeguard independence, sovereignty,
territorial integrity of the Union of Myanmar
44.
Every citizen, charged with Union Spirit, is responsible to enhance unity
among national races and to ensure community peace and stability
45.
Every citizen is responsible to build a modern developed nation
46.
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
47.
Every citizen is responsible to pay taxes to be levied according to the law.
48.
In this Chapter "The State" means a body that exercises legislative
and executive powers according to this Constitution.
In
conclusion, I would like to urge the delegates to hold discussions and submit
proposals to decide whether the detailed basic principles I have presented
shall be adopted or not regarding the Chapter “Citizenship, Fundamental
Rights and Duties of Citizens” of the Constitution.
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
YANGON,
10 Jan— The following is a translation of presentation on clarifications of
National Convention Convening Work Committee Chairman concerning the detailed
basic principles for the Chapter the Role of the Tatmadaw by Vice-Chairman of
the National Convention Convening Work Committee Attorney-General U Aye Maung
at the plenary session of the National Convention this morning.
I
will now explain the detailed basic principles concerning the role of the
Tatmadaw that should be included in the Constitution as a chapter.
The
plenary session of the National Convention has already laid down the following
principles in connection with the Tatmadaw on 16 September, 1993:
(a)
the Tatmadaw is strong, modern and must be the sole existing Tatmadaw.
(b)
the Tatmadaw has the right to independently administer all affairs concerning
the forces.
(c)
the Defence Services Commander-in-Chief is the Supreme Commander of all armed
forces.
(d)
the Tatmadaw has the right to administer for participation of the entire
people in the State security and defence.
(e)
the Tatmadaw is mainly responsible for safeguarding non-disintegration of the
(f)
the Tatmadaw is mainly responsible for safeguarding the State Constitution.
The
plenary session has already adopted to form the basic principles as basis to
discuss the chapter concerned and to move the basic principles to other
sectors when the discussions are on the principles of those sectors. Hence, my
clarification will be based on basic principles laid down by the National
Convention concerning the role of the Tatmadaw. Moreover, the basic principles
that should be transferred to the Tatmadaw chapter will also be presented.
If
there is a state, there must be an institution to defend it. And the
institution is no other than the armed forces “the Tatmadaw’. As the
Tatmadaw’s duty is the national defence, the security and perpetuation of
the state can be guaranteed only if the Tatmadaw is strong.
We
have already witnessed the Tatmadaw’s role in ensuring Our Three Main
National Causes throughout
The
First Myanmar Empire of King Anawrahta of Bagan dynasty, the Second Myanmar
Empire of King Bayintnaung Kyaw Htin Nawrahta of Toungoo dynasty and the Third
Myanmar Empire of King Alaungphaya U Aung Zeya of Konboung dynasty bear
witness to the progress and unity a powerful Tatmadaw can bring during times
when the defence might was strong. On the other hand,
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 stronger 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.”
A
study shows that a country’s scope of international relations is measured by
her economic and military power. What we have already witnessed today is the
military buildup in most of the nations including our neighbours that are
strengthening the power of their own sole armed forces in addition to
equipping their armed forces with sophisticated weapons.
In
this regard, according to my clarification in connection with the existence of
a sole Tatmadaw that is strong, modern and qualified, I hereby in reference to
the basic principle “the Tatmadaw is strong, modern and must be the sole
existing Tatmadaw” already laid down by the National Convention would like
to suggest whether the detailed basic principle “The Tatmadaw is strong,
modern and must be the sole existing brilliant and patriotic Tatmadaw”
should be laid down.
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
Nation Causes” — non-disintegration of the
Hence,
whether the basic principle “The Tatmadaw is mainly responsible for
safeguarding the State Constitution” should be shifted as a detailed basic
principle to the sector of the role of the Tatmadaw.
In
accordance with the saying, which goes, “Unity ensures prosperity and
strength”, unity is strength and lack of unity deteriorates strength and
leads to destruction.
The
Union of Myanmar standing tall as sovereign nation in the world faced three
aggressive wars of the colonialists in the 19th Century and fell under unjust
subjugation.
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
present era sees some nations lost or facing encroachment on sovereignty
resulting from the disintegration of the national unity.
Hence,
concerning the duty to defend and safeguard Our Three Main National Causes,
the delegates should discuss whether the basic principle “The Tatmadaw is
mainly responsible for safeguarding non-disintegration of the Union,
non-disintegration of national solidarity and perpetuation of sovereignty”
should be moved to the chapter of the role of the Tatmadaw as a detailed basic
principle.
The
nation regained independence on 4 January 1948 thanks to the struggles and
efforts made by the people all over the nation, with Tatmadaw serving as the
main pillar of the armed resistance.
But
the Tatmadaw had to take the national political leading role and safeguarded
the nation in 1948 and 1949 during which the
The
Tatmadaw drove out the over 12,000 Kuomintang troops who invaded the nation in
1953, and liberated the Kuomintang-occupied territories. And when the nation
was going to fall apart after the AFPFL split into two factions in 1958, it is
also the Tatmadaw that restored the nation as the Caretaker Government. In
1962, the Tatmadaw had to take over the State duties because of a grave
situation arising from some loopholes of the 1947 Constitution in 1961 was
driving the
In
1988, the Tatmadaw had to discharge the historic duty of assuming the State
responsibilities because of the unavoidable circumstances caused by anarchy
that reigned the country and made public lives and property at risk without
any security and the vulnerability of the nation’s sovereignty to alien
encroachment.
Based
on my above presentations, concerning the task of guarding the nation against
internal and external dangers, I would like to suggest the delegates to
discuss whether the detailed basic principle “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” should be laid
down.
All
along 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 this
regard, the entire nation has the duty to protect and safeguard independence
and sovereignty regained with sacrifices made by all the national people. And
it is the noble and honourable duty. In addition to carrying out its main task
of ensuring State security and defence, the Tatmadaw should play the pivotal
role in administering for the systematic participation of all the national
people in the task.
The
Article 171 of the 1974 Constitution said “Every citizen in accordance with
law — (a) undergo military training: (b) undertake military service for the
defence of the State”. The already-laid-down basic principles in connection
with citizens and citizens’ fundamental rights and responsibilities said,
“every citizen shall have the duty to learn military science as prescribed
by law” and “every citizen shall be responsible to undergo military
service as prescribed by law”
Hence,
in connection with the participation of the people in State security and
defence, I would like to give a suggestion that whether the detailed basic
principle “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 laid down.
The
Tatmadaw will have to ward off and overcome all dangers that may jeopardize
Our Three Main National Causes. Defence strength is required to overcome all
such obstacles and to serve the national interest. And the strength comes from
the well-trained Army, Navy and Air Force. Apart from the Army, Navy and Air
Force troops, members of the organizations permitted by the State to hold arms
in accord with the situation of their duties are also included in forming the
strength. All the armed personnel should be responsible to the
Commander-in-Chief of the Defence Services (the Tatmadaw). Only then, they all
will be able to work under single command.
Concerning
the command of the armed forces, I would like to suggest the delegates to
discuss whether the detailed basic principle “All the armed forces in the
Concerning
the role of the Commander-in-Chief of Defence Services I would like to suggest
the delegates to consider whether the basic principle “The Defence Services
Commander-in-Chief is the Supreme Commander of all armed forces” laid down
by the National Convention to be moved to the chapter of the role of the
Tatmadaw 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,
delegates should suggest whether the detailed basic principle “As a
reference in designating the official position of the Commander-in-Chief, the
Commander-in-Chief is designate as Vice-President level” should be laid
down.
Now,
I will explain the National Convention Convening Work Committee’s study on
the Commander-in-Chief of Defence Service. The Defence Services
Commander-in-Chief is the Supreme Commander of all armed forces of the nation.
He is mainly responsible for the State security and defence. As the work
situation of the Commander-in-Chief is significant and important for the
nation, I have presented to designate him as the role of the Vice-President.
In
accordance with the basic principles laid down by the National Convention, the
Commander-in-Chief will have to present the list of Tatmadaw personnel
nominated for the respective hluttaws as members and the list of suitable
persons for appointments at for defence and security institutions and Home
Affairs Ministry and Border Affairs Ministry.
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 approval 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, the
delegates should consider whether the detailed basic principle “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 laid down.
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
links 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.
Every
commander has trained the troops under his command to be fully equipped with
the 12 traditions and has striven to further enhance the fine traditions of
the Tatmadaw.
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 delegates should ponder over my suggestion to discuss whether to move the
basic principle “The Tatmadaw has the right to independently administer all
affairs concerning the forces” as a detailed basic principle to the chapter
of the role of the Tatmadaw.
As
the Tatmadaw is the armed forces, civil rules and regulations are not adequate
to 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.
In
this regard, the Military Acts exclusively for soldiers are enacted in global
countries.
In
our country military courts have been formed according to the Defence Services
Act promulgated in 1959.
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,
delegates should consider whether the detailed basic principle “Military
justice for members of the Tatmadaw may be administered according to law by a
collective organ or by a judge” should be laid down.
The
Commander-in-Chief of the Defence Services will have to issue orders and
directive 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,
in connection with the final decision for military justice, the delegates
should suggest whether the detailed basic principle “The decision of the
Commander-in-Chief of the Defence Services is final and conclusive in military
justice” should be laid down.
Mr
Chairman,
As
the Tatmadaw members are the soldiers who have already taken the four oaths
they are serving the interest of the nation and people at the risk of their
lives. The State has the duty to take care of the families of the Tatmadaw
members who have been disabled or who fall in the battles.
Here,
I would like to suggest the delegates to discuss whether the detailed basic
principle “A Law shall be enacted to provide assistance and care for
families of the disabled or fallen Tatmadaw members” should be laid down.
The
section 94 of the 1947 Constitution and the article 76 of the 1974
Constitution stated the participation of the Tatmadaw in all emergency times
affecting public lives and State security and during the occurrence of natural
disasters.
The
constitutions of the world nations state that the task of defending the
territorial boundary of the nation is the duty of the armed forces; that if
help is asked by local authorities, the Tatmadaw provides assistance to
organizations existing in accord with the Constitution, ensures security,
restores the rule of law and peace and stability, and renders relief
assistance to a disaster-hit area.
The
constitutions also state that if necessary, the Tatmadaw can offer the said
services on own volition; that as the soldiers are born of the people, it has
the duty to ensure public security and serve the public interest.
Thus,
concerning the disasters affecting the nation and the people, delegates should
discuss whether the detailed basic principle “The Tatmadaw shall render
assistance to the people upon occurrence of a calamity in the
Now
I will present a collection of the points based on my study and analysis that
in my view should be laid down as detailed basic principles as follows:
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 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 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 in
military justice
13.
An Act 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
In
conclusion, I would like to request the delegates to make discussions and
suggestions on matters concerning the role of the Tatmadaw for adopting
detailed basic principles to formulate the Constitution.
