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SLORC RENEGED ITS PROMISE: DECLARAT (r)
Subject: SLORC RENEGED ITS PROMISE: DECLARATION 1/90. (fwd)
/* written 16 Jun 6:00pm 1996 by DRUNOO@xxxxxxxxxxxx in soc.culture.burma */
/* ----------" SLORC reneged its promise: Declaration 1/90 "---------- */
After the multi-party general election in 27-May-1990, the SLORC seems to
have been shocked by the un-expected win of National League for Democracy.
Instead of transferring state power to the elected representatives, the
Slorc declared the Order 1/90 in July 1990. It also appear that the
leadership of SLORC had exploited the Opposition's weakness: i.e. un-able
to consolidate power at that time in 1990. Crackdown on the NLD was
made in the period that followed. -- U Ne Oo.
Full text of State Law and Order Restoration Council Declaration No. 1/90
is as follows:-
THE STATE LAW AND ORDER RESTORATION
(DECLARATION NO. 1/90)
The Sixth Waxing Daw of Wagaung, 1352 ME
(27the July, 1990)
1. Myanmar Naing-Ngan became an independent and sovereign nation on
4th January, 1948.
2. The situation in the whole of the country deteriorated because of
the disturbances during 1988. The Tatmadaw took over State Power in order
to control the deteriorating situation in time and in the interests of the
people. The Tatmadaw abolished all the Organs of State Power including the
Pyithu Hluttaw, formed the State Law and Order Restoration Council,
declared that it would carry out the four main tasks and undertook the
responsibility of all the affairs of the State.
3. The State Law and Order Restoration Council issued laws,
notifications, declarations and orders which have the force of law,
required for effectively ensuring prevalence of law and order, the rule of
law and peace and tranquility throughout the country.
4. In order to cease the food, clothing and shelter problems of the
people and to enable private, co-operative and joint venture businesses to
be undertaken, the State Law and Order Restoration Council has repealed
the restrictive laws and has issued necessary laws, orders, directives and
orders which have the force of law. Moreover, it is carrying out measures
which should be undertaken with a view to serving the long-term interests
of the State.
5. The State Law and Order Restoration Council is carrying out
measures which should be undertaken in order to ensure safe and smooth
transportation and communications and to improve the same.
6. The State Law and Order Restoration Council (Tatmadaw) is not an
organization that observes any constitution; it is an organization that is
governing the nation by Martial Law. It is common knowledge that the State
Law and Order Restoration Council is governing the nation as a military
government and that it is a government that has been accepted as such by
the United Nations and the respective nations of the world.
7. As regards international relations, the State Law and Order
Restoration Council has declared that it will pursue an independent and
active foreign policy and has friendly relations with the respective
nations of the world. With a view to promoting better diplomatic relations
with the respective nations the Government has not closed down any embassy
in Myanmar Naing-Ngan but has allowed them to continue to operate; neither
has it withdrawn Myanmar embassies from foreign countries, but has
continued to keep them open and maintains normal relations with the
respective nations. Furthermore, the Government has even opened an embassy
in a country in which there was no Myanmar embassy previously.
8. Myanmar Naing-Ngan being a member of the United Nations, the
Myanmar Embassy to the United Nations strictly pursues the foreign policy
of Myanmar Naing-Ngan in international matters and in performing its duties
concerning the United Nations. Myanmar Naing-Ngan abide by the principles
of peaceful co-existence in its relations with other nations. MOreover,
Myanmar Naing-Ngan defends and safeguards its independence and deals with
other nations' interference in its internal affairs in accordance with the
provisions of the United Nations Charter.
9. In order to avoid disruption and severance of relations between
Myanmar Naing-Ngan and other nations, the Government magnanimously has time
and again told some diplomats who have violated their diplomatic code of
conduct not to interfere in its internal affairs without mentioning their
names and the nations to which they belong. Furthermore, it has informed
the matters to the embassies concerned through diplomatic channels. As it
has been able to avoid matters that may cause disruption of relations
between nations and governments by doing so, there has not arisen any
problem. Misunderstandings due to the activities of some diplomats have
been cleared with magnanimity, through diplomatic channels.
10. The State Law and Order Restoration Council (Tatmadaw) has been
persistently carrying out the three main tasks - that of preventing
disintegration of the Union, preventing disintegration of national
solidarity and that of ensuring perpetuity of the sovereignty of the State
from the time it has assumed the duties and responsibilities of the State.
Everybody is aware that on the other hand it has launched major offensives
and crushed all sorts of armed insurgents, sacrificing the lives, blood
and sweat of many members of the Tatmadaw. Since the Tatmadaw is not a
political organization, it did not hold negotiations with the insurgents by
political means. However, it welcomes all those who have renounced the
programme of armed struggle and returned to the legal fold and a body
formed by it is carrying out resettlemet work for them. Since the State Law
and Order Restoration Councial is not a political government, it has no
reason at all to negotiate by political means with any armed insurgent
11. In order to enable the Multi-Party Democracy General Election to be
held, the State Law and Order Restoration Council enacted the Multi-Party
Democracy General Election Commission Law and formed the Multi-Party
Democracy General Election Commission. It also It also enacted the
Political Parties Registration Law to enable political parties wishing to
stand for the election to get themselves registered. Moreover, in order to
hold a free and fair multi-party democracy general election, it enacted the
Pyithu Hluttaw Election Law.
12. Section 3 of the Pyithu Hluttaw Election Law provides that "The
Hluttaw shall be constituted with the representatives elected from the
constituencies in accordance with this law." The State Law and Order
Restoration Council will take measures for summoning the Hluttaw in
accordance with this provision. The Information Committee has, from time to
time explained that the Multi-Party Democracy General Election Commission,
the parties which won seats in the election and the elected representatives
should carry out measures which should be carried out in accordance with
the law and rules.
13. Today, after the Multi-Party Democracy General Election has been
held, matters relating to summoning the Hluttaw and transfer of power are
being discussed in bulletins and panphlets published; guidelines in respect
thereof are being given and incitements and instigations are being
undertaken by foreign broadcasting stations and illegal pamphlets and
leaflets are being distributed.
14. The matter of summoning the Hluttaw has been explained earlier. The
Chairman of the State Law and Order Restoration Council has explained
matters relating to transfer of power in the addresses he has made from
time to time in his meeting with the Command Commanders, Commanders of
Light Infantry Divisions and Chairmen of State/Division Law and Order
Restoration Councils. The Secretary-1 of the State Law and Order
Restoration Council explicitly dealt with this matter at the 100th Press
Conference held on 13th July, 1990.
15. There will be no necessity to clarify the fact that a political
party cannot automatically get the three aspects of the State Power - the
legislative power, the executive power and the judicial power - just
because a Pyithu Hluttaw has come into being and that they can only be
obtained on the basis of a constitution. The Constitution of 1947 was
accepted and approved by the Constituent Assembly on 24th September, 1947.
However, it can clearly be seen from the legal aspect that that
constitution came into force only on 4th January 1948 when Myanmar
Naing-Ngan was declared an independent and sovereign State. There are two
types of constitutions for a nation - one drawn up before the nation
becomes independent and the other drawn up after the nation has become
independent. The tradition followed by the respective nations which have
attained independence is that they hold constituent assemblies and draw up
the constitutions only after they have acquired sovereign power. However,
in Myanmar Naing-Ngan independence was declared only after the Constituent
Assembly had drawn up the constitution. It is clear that this was due to
the fact that the leaders of the nation in those days wanted to obtain
independence from the British by peaceful means as early as possible.
16. The Constitution of 1974 was drawn up after the nation's
independence had been gained and no one can deny the fact that it was a
constitution promulgated through a national referendum.
17. It is necessary to note particularly the difference in that the
Constitution of 1947 was drawn up before the independence of the nation was
attained and that the Constitution of 1974 was drawn up after the
independence of the nation had been attained.
18. It can be seen from the statements issued that the desire of the
majority of the political parties which contested in the Multi-Party
Democracy General Election is to draw up a new constitution. It will be
seen that when the Constitution of 1947 was drawn up, matters concerning
the national races were discussed only with the Shan, Kachin and Chin
nationals at the Panglong Conference and that they were not discussed with
the Mon and Rakhine nationals. Today, in Myanmar Naing-Ngan there are many
national races who have awakened politically and it is obvious that it is
especially necessary to draw up a firm constitution after soliciting their
wishes and views.
19. As the State Law and Order Restoration Council is a military
government, it exercise Martial Law. As such it exercises the following
three aspects of State Power in governing Myanmar Naing-Ngan:
(a) Legislative power: Only the State Law and Order Restoration Council
has the right to exercise it.
(b) Executive power: The State Law and Order Restoration Council has
the right to exercise it. However, it has delegated this power to
the Government, State/Division, Township Zone, Township and
Ward/Village-tract Law and Order Restoration Councils at different
levels and has caused administrative work to be carried out through
collective leadership. This is a form of giving training to the
service personnel so that they will be able to perform, by keeping
themselves free from party politics their departmental work under
the government that will come into being according to the
(c) Judicial power: The State Law and Order Restoration Council has the
right to exercise it. However, the Government has formed courts at
different levels to adjudicate on ordinary criminal and civil cases
so that they will have practical training when a constitution comes
20. Consequently under the present circumstances, the representatives
elected by the people are those who have the responsibility to draw up the
constitution of the future democratic State.
21. It is hereby declared that the State Law and Order Restoration
Council will in no way accepting the drawing up of a temporary constitution
for forming a government to take over State Power and that it will take
effective action if it is done so, and that in the interim period before a
government is formed in accordance with a new firm constitution drawn up
according to the desires and aspirations of the people, the State Law and
Order Restoration Council (Tatmadaw) will defend and safeguard -
(a) the three main causes -- such as the non-disintegration of the
Union, non-disintegration of national solidarity and ensuring
perpetuity of the sovereignty;
(b) of the four main tasks mentioned in the State Law and Order
Restoration Council Declaration No 1/88 such as the prevalence of
law and order, the rule of law, regional peace and tranquility,
ensuring safe and smooth transportation and communication, easing
the food, clothing and shelter problems of the people and holding
Multi-Party Democracy General Election, the first three main tasks
(with the exception of the task of holding the multi-party
democracy general election) and
(c) the task of bringing about the development of all the national
races of Myanmar Naing-Ngan.
Sd. Khin Nyunt
The State Law and Order Restoration Council
/* Endreport */