MYANMAR
INSTITUTE OF STRATEGIC AND INTERNATIONAL STUDIES
Seminar on Understanding Myanmar
(MICT Park, Yangon, 27-28 January 2004)
Myanmar Roadmap to Democracy: The Way Forward
Presented by
H-E. U Khin Maung Win
Deputy
Minister for Foreign Affairs
of
the
Introduction
On 30th August 2003, in his address to the
Members of the State Peace and Development Councils, Government Ministers, Heads
of Departments, Non-Government Organizations, Prime Minister General Khin Nyunt
stated that Myanmar will be implementing a 7-step programme for Myanmar's
transition to a democratic state,
The 7-step Road Map includes:
1.
Reconvening
of the National Convention that has been adjourned since 1996;
2.
After
the successful holding of the National Convention, step by step implementation of the process necessary
for the emergence of a genuine and disciplined democratic state;
3.
Drafting
of a new constitution in accordance with basic principles and detailed basic
principle laid down by the National Convention;
4.
Adoption
of the constitution through national referendum;
5.
Holding
of free and fair elections for Pyithu Hluttaws (Legislative bodies) according
to the new constitution;
6.
Convening
of Hluttaws attended by Hluttaw members in accordance with the new
constitution;
7. Building
a modern, developed and democratic nation by the state leaders elected by the
Hluttaw; and the government and other central organs formed by the Hluttaw,
Today,
Specific
Conditions, Special Circumstances
Each country in the world has it own
special and sometimes unique conditions which differentiate it from others. The
same holds true for
deeply jealous of their independence and sovereignty and are
determined that they will never be subjugated by an alien power. Sense of
patriotism and nationalism still runs very deep in
Another distinguishing feature of the
Since the days of the struggle for
independence, Tatmadaw the Armed Forces have played a leading role in national
politics. Whenever the country faced a crisis, it was the Tatmadaw that had
stood in front of the people to protect the nation and the interests of the
people. In 1949, at the height of armed insurgency when the country was in
flames; in 1962 when splits in the ruling political party threatened to ignite
a severe civil war; in 1962 when the nation faced disintegration due
separatists and in 1988 when chaos and anarchy reigned in the country and
people lived in fear for their lives and property, it was the Tatmadaw that
stepped in to save the nation.
Another special feature that deserves
attention is that
Therefore, to fully understand
Overcoming
the Challenges
The special circumstances surrounding
The biggest challenge is the question of national
unity. Today, as a result of the Government's endeavours, notable success has
been achieved in this regard. For decades, there had been discord among the
national races due to the British divide and rule policy and therefore it is
most important to change the mindset and to instill a sense of national
identity and a sense of belonging to the
The regions where the national races live
are the most remote and least developed areas in the country. The Government
has concentrated its efforts to bring progress and advancement to these regions.
The political commitment of the Government can be seen by the fact that a
Central Committee for the Progress of the National Races and Border Areas
headed by the Chairman of the State Peace and Development Council Senior
General Than Shwe was formed to provide guidance and supervision in this noble
task. Likewise, a Working Committee headed by the Prime Minister General Khin
Nyunt oversees the endeavours for developing the border regions. In addition, a
separate Government Ministry named the Ministry for Progress of Border Areas
and National Races and Development Affairs was created to look after the
day-to-day work.
This is the first time that so much
attention has been accorded to the welfare of the national races. In this
regard, during the time of the present Government, it has spent more than 50
billion Kyats and over 500 million dollars to improve the economic, basic
infrastructure, education and health conditions. A growing transport network
connects the border areas with other parts of the nation. The Government
constructed 2812 miles of earthen roads, 1683 miles of gravel roads and 309
miles of tarred roads and upgraded 3030 miles of roads in border areas spending
over 27 billion kyats. In addition, a total of 43 large bridges, 661 small bridges
and 16 suspension bridges were built in the border areas. In the education
sector, the Government had constructed 627 primary schools, 61 middle schools
and 62 high schools, spending over 3 billion kyats. Primary medical health care
is now available to many regions for the first time. The Government spent over
1.4 billion kyats constructed a total of 52 hospitals, 82 dispensaries, 29
rural health centers, and 40 rural health care centers (branch) in border
areas. Improvement of economic conditions has also generated greater income for
the people. Indeed, some of the localities in the border regions even enjoy
better facilities than their counterparts in the central parts of the country.
Subsequently, the national races today enjoy higher standards of living and
better quality of life than ever before.
Another challenge that the country faces is external
pressure. Some western countries continue to exert political, economic and
diplomatic pressure and sanctions against
Implementing the Roadmap
The Government has already initiated steps
for the implementation of the road map. The major steps include on the one hand
preparations for the holding of the National Convention and on the other
creating a positive atmosphere conducive to the successful holding of the
Convention.
The emergence of a new enduring State
Constitution is the most important key in building a new nation. In this
regard, the holding of the National Convention is not only the first step of
the 7 steps road map but also the most crucial one. It may be recalled that the
State Law and Order Restoration Council (Declaration No. 11/92) issued on 24th
April, 1992 stated that the State Law and Order Restoration Council will
convene the National Convention in order to lay down the basic principles for
the drafting of a firm and stable Constitution.
The formulation of the State Constitution will be based on the following six
objectives:
(1)
non-disintegration
of the
(2)
non-disintegration
of national solidarity,
(3)
perpetuation of sovereignty,
(4) flourishing of a genuine multiparty
democracy system,
(5) development
of eternal principles of justice, liberty and equality in the State,
(6) for the Tatmadaw lo be able to participate
in the national political leadership role of the State.
To give the chance for all segments of the
society to have a say in the drafting of the new constitution, the National
Convention is composed of representatives from the following 8 strata of
society:
1.
delegates
of political parties,
2.
representatives-elect
delegates,
3.
delegates
of nationalities,
4.
delegates
of peasantry,
5.
delegates
of workers,
6.
delegates
of intellectuals and intelligentsia,
7.
delegates
of State service personnel,
8.
other
invited delegates.
The
National Convention first met in 1993 and before it was adjourned in 1996, it
was able to accomplish the following tasks.
(a)
identified
the chapter headings to be included in drawing up the State Constitution and their
order of arrangement, (the 15 chapter headings can be seen in the annexure)
(b)
laid
down 104 basic principles for formulating State fundamental principles (see
annexure)
(c)
laid
down the detailed fundamental principles on the chapters on the State, State Structure
and the Head of State
(d)
laid
down detailed fundamental principles in prescribing self-administered divisions
or self-administered zone
(e)
laid
down detailed fundamental principles for formation of the Legislature
(f)
laid
down detailed fundamental principles for formation of the Executive
(g)
laid
down detailed fundamental principles for formation of the Judiciary
As mentioned above, the National
Convention will be reconvened in the near future. Towards this end, the 3 main organs
needed for preparatory work has already been reconstituted. They are the
National Convention Convening Commission, the National Convention Convening
Work Committee and the National Convention Management Committee, These
committees are holding meetings in preparation for the convening of the
National Convention.
In addition to the above preparations,
Prime Minister General Khin Nyunt has already met with 13 National Races Groups
in order to sound out they have views on the political programme. All the
groups had voiced their supports to the 7-step Road Map and their wiliness to
participate in the National Convention.
Conclusion
Today,
In this regard, I wish to recall the words
of
We are also encouraged by the positive
international response to the Road Map, Thus, the 9th ASEAN Summit
in
dialogue and reconciliation. The roadmap as outlined by the Prime Minister
of Myanmar that would involve all strata of
Moreover, in the joint communique issued
on the occasion of the visit of the Indian Vice-President H.E. Mr. Bhairon
Singh Shekhawat stated that: "The
Vice-president of
The Road Map
declared by Prime Minister General Khin Nyunt shows the way forward far our
country. Together with our people, we arc determined to fully implement the 7
steps with the participation of the entire people. It is our hope that the
international community will also show understanding and support for this most
important venture for the country.
___________________________________________________
[ANNEXURE]
Chapter Headings and their
serial order
1. State fundamental principles
2.
State
Structure
3.
Head
of State
4.
Legislature
5.
Executive
6.
Judiciary
7.
Tatmadaw
8.
Citizens
and their fundamental rights and duties
9.
Election
10.
Political parties
11.
Provisions
on state of emergency
12.
Amendment
of the Constitution
13.
State
flag, State seal, national anthem and the capital
14.
Transitory
provisions and
15.
General
provisions
The Principles laid down to
serve as bases in prescribing State Fundamental Principles
(1) In connection
with the State, it is laid down that -
(a)
Myanmar
Naing-Ngan is a sovereign, independent nation;
(b)
the
State shall be known as Pyidaungsu Thamada Myanmar Naing-Ngan Daw;
(c)
sovereign
power of the State is derived from the citizens and is in force in the whole
country;
(d)
the
territorial boundary of the State is as it is on the day this State
Constitution comes into force.
(2) In connection with the aims and objectives
of the State, it is laid down that -
the State
is consistently aimed at -
(a)
non-disintegration
of the
(b)
non-disintegration
of national solidarity,
(c)
perpetuation
of sovereignty,
(d)
flourishing
of a genuine multiparty democracy system,
(e)
further
burgeoning of the noblest and worthiest of worldly values namely justice,
liberty and equality in the State,
(f)
for
the Tatmadaw to be able to participate in the national political leadership
role of the State.
(3) In connection with multiparty democracy,
it is stipulated that -
the State practices genuine multiparty
democracy system.
(4) In
connection with State structure, it is laid down that -
(a)
the
(b)
the
existing seven divisions are designated seven regions and the existing seven
states are designated seven states. Those seven regions and seven states are of
equal status and authority;
(c)
the
names of those seven regions and seven states are retained as they are at present;
(d)
if it
is desired to change the name of a region or a state, it shall be done so with
enactment of law after ascertaining the wishes of citizens residing in the
region or state concerned;
(e)
in
regions or states, self-administered areas are to be prescribed for national
races who reside together in communities on the same common stretches of land
in appropriate sizes of population,
other than national races who
have already got regions or states; depending on size of
population and inhabited area, they are to be prescribed as self-administered
divisions or self-administered zones as suitable;
(f)
no
part of the territory of the
(5) In connection with the Head of State, it
is laid down that -
(a)
the
Head of State is the President of the
(b)
the President of
the
(6) In connection with separation and
distribution of sovereign State power, it is laid down that -
(a)
the three branches of State power,
namely legislative power,
executive power and judicial power are separated as much as possible and exert
reciprocal control, check and balance among themselves;
(b)
the
three branches of State power, so separated, are distributed among Pyidaungsu (
(7) In connection with legislature, it is laid down that -
(a)
the legislative
power of the State is distributed
among Pyidaungsu Hluttaw, Region
Hluttaws and State Hluttaws, legislative power stipulated by the State
Constitution shall be distributed to self-administered areas;
(b)
Pyidaungsu
Hluttaw consists of two Hluttaws - one Hluttaw elected on the basis of population
and the other one with equal number of representatives elected from regions and
states;
(c)
there
will be a Region Hluttaw in each of the seven regions and a State Hluttaw in
each of the seven states;
(d)
Pyidaungsu Hluttaw,
Region Hluttaws and
State Hluttaws include Tatmadaw
servicemen Hluttaw representatives nominated as such by the Defence Services
Commander-in-Chief in numbers stipulated by the State Constitution
(e)
for
national races with appropriate sizes of population, national race
representatives are to be permitted to participate in legislatures of regions,
states or self-administered areas concerned.
(8) In connection with executive branch, it is
laid down that -
(a) the
head of executive of the State is the President of the State;
(b) the executive
power of the
State is distributed
among the administrative organs
of Pyidaungsu, regions and states; self-administered areas as stipulated by the
State Constitution;
(c) Pyidaungsu, regions, states,
self-administered areas and district executive organs include Tatmadaw
servicemen nominated by Defence Services Commander-in-Chief to undertake
responsibilities of the defence, security, border administration etc,
(d) for
national races of which representatives are so permitted to participate in
legislatures of regions, states or self-administered areas in accord with
above paragraph (7) sub-paragraph (e), representatives
are to be permitted to participate, mainly to undertake their
national race affairs, in administration of respective region, state or
self-administered area;
(e) "The
National Convention shall forthwith carry out
matters included in above mentioned Paragraph (4) Sub-paragraphs (e) and
(f) Paragraph (7) Sub-paragraph (e) and this Paragraph Sub-paragraph
(d)".*
* 'Basic
principle as amended as laid down by the plenary session of the National
Convention held on 29-3-96
(9) In connection
with the judiciary, it is laid down that -
(a) the judicial power of the State is distributed among Pyidaungsu
Taya Hluttaw (Supreme Court), Region Taya Hluttaw (Region High Court), State
Taya Hluttaw (State High Court)and law courts of different levels including law
courts of self-administered areas;
(b) in the
Pyidaungsu is constituted one Pyidaungsu Taya Hluttaw Pyidaungsu Taya Hluttaw
is the supreme law court of the State;
(c) Pyidaungsu
Taya Hluttaw has powers to issue writs;
(d) a Region Taya Hluttaw is constituted in each of the regions and a
State Taya Hluttaw is constituted in each of the states; the following are
stipulated as judicial principles-independent administration of justice in accord with law; administration of justice
in public except where restricted by law; giving of right of defence and right
of appeal by law in cases.
(10) In connection with the Tatmadaw, it is laid
down that -
(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 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
(11) In connection with citizens and citizens'
fundamental rights and responsibilities, it is laid down that -
(a)
all persons born
of parents both of whom are nationals are citizens; all persons who
have become citizens in accord with law on the date the State Constitution
comes into force are citizens;
and citizenship, naturalization and revocation of citizenship shall be as
prescribed by law;
(b)
every
citizen shall enjoy rights of equality, rights of liberty and rights of justice
etc. as prescribed in the State Constitution;
(c)
there
shall be no right to hold a citizen in detention for more than 24 hours without
the permission of a law court;
(d)
every
citizen has the duty to safeguard non-disintegration of the
(e)
every
citizen is responsible to abide by and uphold the State Constitution;
(f)
every
citizen shall have the duty to learn military service as prescribed by law;
(g)
every
citizen shall be responsible to undergo military service as prescribed by law;
(h) public peace and tranquility and
prevalence of law and order is the responsibility of every citizen;
(i) necessary law shall be enacted to make
citizens' freedoms, rights, benefits, responsibilities and restrictions effective, firm and complete.
(12) In connection with the national races, it
is laid down that -
(a)
the State shall help develop language, literature, fine
arts and culture of the national races;
(b)
the State shall help promote solidarity, mutual amity, and respect
and mutual help among the national races;
(c)
the State shall help promote socio-economic
development including education, health, economy, transport and communications
of less developed national races.
(13)
In connection with the peasantry it is laid down that -
(a)
the
State shall enact necessary law to protect the rights of the peasantry;
(b)
the
State shall help the peasantry get equitable value for their agricultural
produce.
(14) In connection with workers, it is laid down
that -
the State shall enact
necessary laws to protect the rights of workers.
(15) In
connection with intellectuals and intelligentsia, it is laid down that -
the
State shall help promote the interests of the intellectuals and intelligentsia.
(16) In
connection with the State service personnel, it is laid down that -
(a)
State
service personnel shall be free from party politics;
(b)
the
State shall enact necessary laws for State service personnel to have due
security in service and sufficiency of food, clothing and shelter, for married
women in service to get maternity benefits, and for welfare to ease livelihood
of persons who have retired.
(17) In connection with national culture, it is
laid down that -
the State shall help for development,
consolidation and preservation of national culture,.
(18) In
connection with education and health, it is laid down that -
(a)
The
State shall earnestly strive to improve education and health of the people;
(b)
the
State shall enact necessary law to enable the national people to participate in
matters of education and health of the people;
(c) the State shall
implement free compulsory primary education system;
(d) the State shall
implement a modern education system that will promote all-around correct
thoughts and good morals and contribute towards building of the nation,
(19) In connection
with agriculture, it is laid down that -
the State shall
provide inputs such as technology, investments, machinery, raw materials etc.
as much as it can for changeover from manual to mechanized agriculture;
(20) In connection with industry, it is laid down
that -
the State shall provide inputs such
as technology, investments, machinery, raw materials etc. as much as it can for
development of industries,
(21) In connection
with employment, it is laid down that -
the State shall, as much as it can, help
reduce unemployment among the people.
(22) In connection
with mothers, children, the old and the infirm, it is laid down that -
(a)
the State shall care for mothers and children, orphans,
fallen Tatmadaw servicemen's children, the old and the infirm, and the
disabled;
(b)
the State shall arrange for disabled Tatmadaw servicemen to
be able to make a respectable livelihood and get free vocational training.
(23) In connection with the youths, it is laid
down that -
the
State shall strive to imbue youths with strong and dynamic patriotic spirit,
correct way of thinking and the five noble strengths.
(24) In connection with religion, it is laid down
that -
(a) every citizen is equally entitled to
freedom of conscience and the right freely to profess and practise religion subject to public order,
morality or health and to the other provisions of the State Constitution;
(b) the above right shall not include any
economic, financial, political or other secular activities that may be
associated with religious practice;
(c) the freedom so guaranteed shall not debar
the State from enacting laws for the purpose of social welfare and reform;
(d) the State recognizes the special position
of Buddhism as the faith professed by the great majority of the citizens of the
State;
(e) the
State also recognize Islam, Christianity, Hinduism and Animism as some
religions existing in the Union at the date of the coming into force of the
State Constitution;
(f) the State shall help and protect as much
as it can the religions it recognizes;
(g) 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.
(25) In connection with the economy, it is laid
down that -
(a) the State economic system shall be market
economic system;
(b) the State permits all economic forces
such as the State itself, regional organizations, cooperative organizations,
joint venture organisations and private concerns etc. to take part in economic activities
for the development of national economy;
(c) the State shall prevent acts that harm
public interests through monopolization or manipulation of prices by an
individual or group with intent to jeopardize fair competition in economic activities,
(d) the State shall strive towards uplift of
living standards of the people and development of general investments;
(e) the State shall assist to acquire technology,
investments, machinery and raw materials etc. for development of national economy;
(f) the State will not nationalize economic
enterprises;
(g) the State will not demonetize the
currency that is legally put into circulation.
(26) In connection with the land, the waters,
the atmosphere and natural resources, it is laid down that -
(a) the State is the ultimate owner of all the land, and
natural resources above and below the ground, above and beneath the waters and
in the atmosphere within its territorial boundary;
(b) the State shall enact necessary law to
supervise economic forces extraction and utilization of State owned natural
resources;
(c) the State shall permit citizens right of
private property, right of inheritance, right of private enterprise, right of
initiative and right of patent in accord with law.
(27) In connection with elections, it is laid
down that -
(a) every citizen shall have the right to
vote and to stand for election according to law;
(b) voters concerned, shall have the right,
in accord with provisions of the State Constitution, to recall elected people's
representatives.
(28) In connection with political parties, it is
laid down that -
the State shall enact necessary law for
systematic formation of political parties for flourishing of genuine multiparty
democracy system.
(29) In connection with state of emergency, it
is laid down that -
(a) when there arises a state of emergency
characterized by inability to perform executive functions in accord with
provisions of the State Constitution in a region or a state or a
self-administered area, the President of the
State is empowered to exercise executive power in that
region, state or self-administered area and if necessary in doing so, the
President of the State is empowered to exercise legislative powers concerning
that region, state or self-administered area in accord with provisions of the State
Constitution;
(b) when there arises or there is sufficient reason to arise a
state of emergency endangering life and property of the people in a region, a
state or a self-administered area, the Tatmadaw has the right, in accord
with provisions of the State Constitution, to preempt that danger and
provide protection;
(c) when there arises a state of emergency that could cause disintegration
of the Union, disintegration of national solidarity and loss of national
sovereignty, due to takeover of sovereign State power or attempts therefor by
wrongful forcible means such as insurgency or violence, the Defence Services
Commander-in-Chief has the right to take over and exercise State power in
accord with provisions of the State Constitution.
(30) In connection with foreign affairs, it is
laid down that –
(a) the
State practises independent, active and non-aligned foreign policy, aims at
world peace and friendly relations with nations, and upholds the principles of peaceful co-existence among nations;
(b) the
State never starts aggression against any nation;
(c) no
foreign troops are permitted to be deployed within the borders of the
(31) In connection with punishments/
it is laid down that –
(a) there is no right
for any penal law to provide for retrospective effect;
(b) there is no right
to proscribe punishments that violate human dignity.
(32) In connection with the natural environment, it is laid down that
-
the State shall protect the natural
environment.
(33) In connection with general provisions, it is
laid down that –
(a)
(b) the State fundamental
principles are guidelines to be followed by the legislative. Hluttaws in
enacting laws and in interpreting provisions
of the State Constitution and other laws;
(c) a Constitutional Tribunal shall be set up
to interpret provisions of the State Constitution, to scrutinize whether or not
laws enacted by Pyidaungsu Hluttaw, Region Hluttaws and State Hluttaws and
functions of executive authorities of Pyidaungsu, regions, states
and self-administered areas are in conformity with the State Constitution, to
decide on disputes in connection with the State Constitution between Pyidaungsu
and regions, between Pyidaungsu and states, between regions and
states, among regions, among states, and between regions or states and self-administered
areas and among self-administered areas themselves [and?] to perform other
duties prescribed in the State Constitution.
After laying down the principles to serve as base for formulating State
fundamental principles, it will be carried on as follows:
- of those basic
principles, relevant ones are to be taken as basis in discussing basic
principles in respective chapters.
- of those basic
principles, those that should be mentioned in the preamble of the State
Constitution should be mentioned also in that preamble,
- principles
concerning the State are to be mentioned separately in the chapter heading 'The
State’,
- likewise,
principles concerning respective chapters are to be transferred to respective
chapters, when discussions are held for those respective chapters,
- principles
concerning the chapter 'State fundamental principles' are to be retained in the
chapter on State fundamental principles.
[THE ANNEXURE ALSO CONTAINED
A LIST OF “NATIONAL RACE LEADERS“
RECEIVED BY THE PRIME MINISTER ANDA LIST OF “ARMED NATIONAL GROUPS THAT HAVE ACHIEVED PEACE WITH THE GOVERNMENT”]