State LORC Declaration No. 1/90 of
1. Myanmar Naing-Ngan became an independent and sovereign nation on
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 correct 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 [SLORC], declared that it would carry out the four main tasks and
undertook the responsibility of all the affairs of the State.
3. The [SLORC] 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 tranquillity throughout the country.
4. In order to ease the food, clothing and
shelter problems of the people and to enable private, co-operative and joint
venture businesses to be undertaken, the [SLORC] has repealed the restrictive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 [SLORC] 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 [SLORC] (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 [SLORC] 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
[SLORC] 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but has allowed them to continue to operate; neither has it withdrawn
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 abides 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 accorance
with the provisions of the United Nations Charter.
9. In order to avoid disruption and severence 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 [SLORC] (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 resettlement work for
them. Since the [SLORC] is not a political government, it has no reason at all
to negotiate by political means with any armed insurgent organization.
11. In order to enable the Multi-Party
Democracy General Election to be held, the [SLORC] enacted the Multi-Party
Democracy General Election Commission and formed the Multi-Party Democracy
General Election Commission. 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 [SLORC]
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 pamphlets 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 [SLORC] 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 the State/ Division Law and Order Restoration Councils. The
Secretary-1 of the [SLORC] explicitly dealt with this matter at the 100th Press
Conference held on
15. There will be no necessity to clarify the
fact that a political party cannot automatically get the three aspects of 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
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 [SLORC] is a military government,
it exercises Martial Law. As such is exercises the following three aspects of
State Power in governing Myanmar Naing-Ngan:
(a) Legislative power: Only the [SLORC] has
the right to exercise it.
(b) Executive power: The [SLORC] 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 constitution.
(c) Judicial power: The [SLORC] has the right
to exercise it. However, the Government has formed courts at various levels to
adjudicate on ordinary criminal and civil cases so that they will have
practical training when a constitution comes into being.
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 [SLORC]
will in no way accept 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 [SLORC] (Tatmadaw) will defend and safeguard--
(a) the three main causes--such as the
non-disintegration of the
(b) of the four main tasks mentioned in the
[SLORC] Declaration No 1/88 such as the prevalence of law and order, the rule
of law, regional peace and tranquillity, 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 the national races of Myanmar Naing-Ngan.
By order,
Sd. Khin Nyunt
Secretary-1
The State Law and Order Restoration Council
[Source: "Working People's Daily"