PROCEEDINGS OF THE NATIONAL CONVENTION

24 January 2006

From The New Light of Myanmar 25 January 2006

Plenary Session of the National Convention continues.

Delegates of political parties submit suggestions on detailed basic principles for the chapters Citizenship, Fundamental Rights and Duties of Citizens and the Role of Tatmadaw to be included in the State Constitution

YANGON, 24 Jan — The Plenary Session of the National Convention continued at Pyidaungsu Hall of Nyaunghnapin Camp in Hmawby Township , Yangon Division, at 9 am today.

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.

U Kyaw Myo Win of Delegate Group of Workers presided over the Plenary Session of the National Convention together with Dr Paik Tin of National Convention Convening Work Committee, U Tun Yin Law of Delegate Group of Political Parties, U San Tha Aung of Delegate Group of Representatives-elect, U Mya Sein of Delegate group of National Races, U Sai Tint Aung of Delegate Group of Peasants, U Hla Myint of Delegate Group of Intellectual and Intelligentsia, U Hla Tin of Delegate Group of State Service Personnel and U Paw Laik Kham of Other Invited Persons.

Director (Meeting) U Than Aung of the National Convention Convening Work Committee Office acted as Master of Ceremonies and Deputy Director U Aung Kyi as co-master of ceremonies.

The MC announced the validity of the meeting as 1,068 delegates out of 1,079 were present, accounting for 98.98 per cent.

First, Chairman U Kyaw Myo Win made a speech saying that the National Convention resumed on 17 May 2004 to lay down detailed basic principles in drafting enduring State Constitution for the Union of Myanmar and on 3 March 2005, detailed basic principles for sharing of legislative power included in the judicial sector and the financial commission were laid down. Detailed basic principles for sharing of executive and judicial power were also laid down at the plenary session held on 12 December, 2005.

The chairman of the National Convention Convening Work Committee, on 13, 14 and 15 December 2005, explained matters on the detailed basic principles for legislation of the Pyidaungsu Hluttaw, the Pyithu Hluttaw, the Amyotha Hluttaw, and Region or State Hluttaw.

After studying the clarification, delegates to the National Convention compiled papers for proposals on detailed basic principles for legislation of Hluttaws and submitted the proposals at the plenary session from 2 to 9 January. On behalf of the panel of chairmen, the meeting chairman thanked the delegates for they thoroughly study the proposals.

On 10 January, 2006, the chairman of the National Convention Convening Work Committee explained matters on detailed basic principles for the Chapter Citizenship, Fundamental Rights and Duties of Citizens and the role of Tatmadaw.

After thoroughly studying the clarification, the delegates discussed the detailed basic principles for the Chapter Citizenship, Fundamental Rights and Duties of Citizens and the role of Tatmadaw and compiled papers.

The meeting chairman continued to say that the delegate groups would presented their proposals to the plenary session.

He urged the delegates to thoroughly study the suggestions as the papers presented would include important suggestions for laying down the detailed basic principles for the Chapter Citizenship, Fundamental Rights and Duties of Citizens and the role of Tatmadaw.

Next, delegates to the National Convention submitted their proposals on detailed basic principles to be laid down for the Chapter Citizenship, Fundamental Rights and Duties of Citizens and the role of Tatmadaw.

First, U Tun Yi of National Unity Party presented the proposals of the party which included in Delegate Group of Political Parties.

(The presentation is reported separately.)

Next, U Aung Khin of Union Pa-O National Organization presented the proposals.

(The presentation is reported separately.)

The plenary session took a break.

When the plenary session resumed, U Maung Pein (a) U Khin Maung Thein of Mro (or) Khami National Solidarity Organization presented proposals.

(The presentation will be reported.)

Next, U Kyahashe of Lahu National Development party presented the proposals.

(The presentation will be reported.)

The Plenary Session of the National Convention was adjourned at 11.30 am.

The Plenary Session of the National Convention continues tomorrow at 9 am.

The principles No 1 to 14 for Role of Tatmadaw the Work Committee discussed should be adopted

YANGON, 24 Jan—The following is a translation of the Union Pa-O National Organization’s proposal for the clarifications, made by National Convention Convening Work Committee Chairman U Aung Toe at the National Convention, to the detailed basic principles that should be adopted for the Citizenship, Fundamental Rights and Duties of Citizens, and the Role of Tatmadaw to be included in the State Constitution submitted by U Aung Khin representing the Union Pa-O National Organization from the delegate group of political parties.

Law experts of constitution define that essence of every constitution shall be based on justice, liberty and equality, and every citizen shall have justice of social relations, justice of economy, justice of politics, freedom of thought, freedom of expression, freedom of faith, freedom of profession, freedom to organize, and freedom of action. In reality, genuine sovereignty is justice, and that calls for check and balance among the three branches of power and no exceptional exercise of sovereignty. Nothing, except justice and reasoning power, can conceive sovereignty. It is needed to recognize freedom of an individual, but no one has the right to oppose sovereignty. Only when there prevail laws, rules and regulations that are acceptable to the majority of people in food, clothing and shelter, relations, and international relations, will people be able to cooperate in a peaceful way in the interests of mankind.

Regarding human rights or fundamental rights of people, priority was given to conditions and freedom of an individual in the late 16th Century and early 17th Century. In 1240 Myanmar Era, there emerged a treatise “Raja Dhamma Singaha” compiled by Yawmingyi U Po Hlaing that was the first-ever treatise of Myanmar . The treatise called for replacement of absolute monarchy with constitutional monarchy, formation of a senate to practise constitutional monarch, and a house of representatives. The sector “Fundamental rights” was stipulated in every constitution drawn in the 20th Century. The 1947 Constitution of the Union of Myanmar comprised 14 headings or chapters, and it stated “Fundamental Rights” instead of “Citizenship, Fundamental Rights and Duties of Citizens”. And the 1974 Constitution consisted of 16 headings or chapters and it stated “Citizenship, Fundamental Rights and Duties of Citizens”.

The Constitution we are drawing consists of 15 headings of chapters, and a decision was made on 7 April 1993 to use “Citizenship, Fundamental Rights and Duties of Citizens”. The preamble of the 1947 Constitution says “We the people of Burma including the Frontier Areas and the Karenni States, determined to establish in strength and unity a sovereign independent State, to maintain social order on the basis of the eternal principles of justice, liberty and equality and to guarantee and secure to all citizens justice social economic and political; liberty of thought, expression, belief, faith, worship, vocation, association and action; equality of status, of opportunity and before the law in our constitutent assembly”.

We also found that the preamble of the 1974 Constitution says “We, the working people, firmly resolved that we shall build a socialist economic system by the Burmese Way to Socialism, for the country to be peaceful and prosperous, opposing all pernicious systems characterized by exploitation of man by man, and of one national race by another, with a view to promoting justice and goodwill among the people, and to freeing them from apathy and callousness, ignorance, backwardness and want of opportunity; build a socialist democratic social order which will afford an opportunity to the people to shape their own destiny, by the Burmese Way to Socialism; live forever in harmony, unity and racial equality sharing joys and sorrows through weal and woe in the Socialist Republic of the Union of Burma; efficiently perform all duties and fulfil all obligations in the interest of the State and for the cause of Socialism while enjoying the democratic rights and personal rights and freedom bestowed by this Constitution; constantly strive to promote international peace and friendly relations among the nations.

Citizenship means the one who is loyal to the State, conscientiously discharges duties assigned by the State, and has the rights bestowed by the State. Fundamental rights of citizens is the inborn right. It will be virtually impossible to exist as human if each and every citizen has no fundamental rights. The Union of Myanmar is a member of the United Nations, and it participated in the drawing of rules and regulations of UN Charter and the 1948 Human Rights Declaration paper. And it is a signatory to UN conventions, and the conventions and agreements of the International Labour Organization. At the 49th UN General Assembly (1994), the representative of the Union of Myanmar said that not only as a duty-conscious member of the UN but also a nation that had been steadfastly abiding by the principles representing UN, Myanmar had been constantly practising UN Charters, and fundamental rights stated in the international declaration. Lessons are to be taken to avert the recurrence of incidents that occurred in Myanmar in 1962 and 1988. The NC Work Committee has laid down the detailed basic principles for chapter-wise headings for the future State Structure to be free from loopholes and weak points. They are four principles for the State, six principles for the State objectives, one principle for multi-party democracy, seven principles for State Constitution, two principles for the Head of State, two principles for State sovereignty, five principles for legislature, five principles for executive, five principles for judiciary, six principles for Role of Tatmadaw, three principles for national races, two principles for peasants, one principle for workers, one principle for intellectuals and intelligentsia, two principles for State service personnel, one principle for national culture, four principles for education and health, one principle for agriculture, one principle for industry, one principle for profession, two principles for maternal and child and elderly persons, one principle for youths, two principles for religion, seven principles for economy, three principles for land, waters and natural resources, two principles for election, one principle for political parties, three principles for emergency times, three principles for foreign relations, two principles for crimes, one principle for environment, three principles for general provisions, and nine principles for citizenship, fundamental rights and duties of citizens, totaling 104.

If one takes a careful study on the six objectives of the National Convention and the 104 basic principles, one will notice that they represent equal rights for all citizens, fully grant rights of the citizens, and lead the Myanmar to a discipline-flourishing democratic nation. The Work Committee has given instructions on referring already-laid down basic principles in discussing matters on headings, and adopting basic principles as detailed basic principles if necessary. The Work Committee Chairman said that citizens are to uphold ‘non-disintegration of the Union, non-disintegration of national solidarity, and perpetuation of sovereignty’ in enjoying the fundamental rights prescribed in the Constitution; that steps are to be taken in order not to harm culture, customs, fine arts and literature of national races and to practise them righteously; and that the words basic principles on citizenship, naturalization and revocation of citizenship should be changed to the detailed basic principles.

The noblest and worthiest of worldly values namely justice, liberty and equality are the rights the citizens enjoy in building a democratic nation. Then, the citizens will have the freedom of speech, the freedom of publication, the right to assemble, freedom of procession, the freedom of association, the right to settle and reside in any part of the Union, the right to acquire property, and the right of privacy and security of premises. In practising democracy system, I would like to suggest that the enslaving of human and trafficking in person shall not be allowed. In enjoying the right of faith, measures should be taken to avoid the association of the freedom of faith with politics, offering and taking bribes, and conflicts between two sides in the interests of the nation and the people. There are more than one hundred national races in our nation, so there should be the right to develop language, literature and culture of national races. Moreover, encouragement should be given to the education sector in every sector as the education standard of the citizens plays an important role in building a modern and developed nation.

It is impossible that more than 50 million people of the nation handle matters on State sovereignty in a single place, so citizens are to have the right to vote and to be elected to Hluttaws. There should be a principle to revoke the responsibilities of Hluttaw members who fail to discharge their duties. The State is now practising the market-oriented economic system. So, the State shall help citizens have access to technical know-how, investments, machinery and raw materials. Moreover, no citizen shall, except matters on precautionary measures taken in accordance with law for the security of the State or prevalence of law and order or the peace and 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. The power to issue writs shall be vested in the Supreme Court to effectively remedy deprivation of fundamental rights of citizens. Each citizen has access to fundamental rights. So, duties that all citizen have to perform duties without fail shall be prescribed. So, of the points in the Citizenship, Fundamental Rights and Duties of Citizens the Work Committee Chairman has discussed, (1) two points on citizenship, (2) six points on equality, (3) five points on liberty, (4) two points on enslavement and forced labour, (5) seven points on freedom of faith, (6) three points on rights of culture and education, (7) two points on election, (8) three points on economy, (9) four points on the rights of criminals, (10) six points on enforcement of remedies for loss and damages, (11) seven points on duties of citizens, and (12) one point on the word “The State” numbering 48 points should be adopted.

Now, I would like to discuss the Work Committee Chairman’s clarifications to the detailed basic principles that should be adopted for the Role of Tatmadaw to be included in the Constitution. Each and every citizen is duty bound to protect and safeguard the nation and the people. According to the provisions of the constitution, the major task of every government is to safeguard lives and property and to crush all forms of dangers to the citizens. Things everyone loves and cherishes most are one’s own life and property. So, the duty to protect the lives and property of citizens from dangers is noblest. Natural disasters and dangers posed by acts of people are of most destructive to lives and property of human. The Tatmadaw was conceived with the lofty motto “Nation is not for the Tatmadaw, but the Tatmadaw is for the nation”. At the military officer graduation ceremony held on 13 March 1944 in Mindalagon, national leader General Aung San said, “The duties of we soldiers are to protect and safeguard independence, territory and sovereignty of our nation at risk to our lives. Is there any duty that is more noble than that? Our Tatmadaw is for the entire nation. Even if our nation is weak, we are not afraid of a superior nation if it unjustly insults us, and we do not want to unfairly treat weaker nations. So, the Tatmadaw is the basis of the nation”.

In the time of King Anawrahta, all the men had to serve as soldiers. In the time of King Bayintnaung, there formed fifty forces, each of which consisted of 15,000 troops. In the time of King Alaungphaya, there formed forty forces, each of which consisted of 10,000 troops. In the time of King Mindon and King Thibaw (1880 Myanmar Era) the number of soldiers stood at 26,329. The number of 30,000 soldiers was not enough to safeguard sovereignty of the motherland. It was evidenced by the point that the nation fell under alien subjugation.

The National Convention held on 16 September 1993 laid down 16 principles. At the 60th Anniversary Armed Forces Day Parade, the Commander-in-Chief of Defence Services gave guidance, saying that a capable and modern Tatmadaw was to be established to protect the gradually developing nation. The Tatmadaw has to take a leading role in crushing dangers of all internal and external destructive elements, enlisting the mighty strength of the people. According to the 1947 Constitution and basic principles the ongoing National Convention has adopted, every citizen shall undergo military training, and discharge military services under the control of the Tatmadaw. The Commander-in-Chief of Defence Services is head of all the armed forces, and his position should be designated as the post equivalent to the Vice President. The administrative head is the President of the nation, so he shall appoint the Commander-in-Chief of Defence Services with the approval of the defence and security council. Separate military acts are enacted and courts formed as the Tatmadaw is an armed force. The Commander-in-Chief of Defence Services is well-versed with military acts and code of conduct, so his decision shall be final. The Tatmadaw shall take all necessary measures whenever the nation comes under natural disasters.

The conditions of world nations today have indicated that when loopholes of a constitution are associated with social and economic crises alongside alien instigation, it leads a nation to collapse. So, I would suggest that the principles No 1 to 14 for the Role of Tatmadaw the Work Committee discussed on 10-1-2006 should be adopted.

NUP finds detailed basic principles for Citizenship, Rights and Duties of Citizens and Role of Tatmadaw within framework of 104 basic principles

YANGON, 24 Jan — The following is a translation of the paper presented by U Tun Yi of National Unity Party concerning the chapter “Citizenship, Fundamental Rights and Duties of Citizens” and the chapter “The Role of the Tatmadaw”.

The Chairman of National Convention Convening Work Committee on 10 January 2006 explained the chapter Citizenship, Fundamental Rights and Duties of Citizens comprising 48 points and the chapter “the Role of the Tatmadaw” comprising 14 points.

First, I will present my paper concerning the chapter Citizenship, Fundamental Rights and Duties of Citizens. Now, I will discuss the following points:

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

The chapter Citizenship, Fundamental Rights and Duties of Citizens is included in constitutions of most of the nations and the 1947 Constitution and the 1974 constitution of Myanmar . The National Convention has already adopted the detailed basic principles concerning citizenship and naturalization which the Work Committee presented after making studies thoroughly. The adopted basic principles are appropriate to be laid down as basic principles for the Chapter Citizenship, Fundamental Rights and Duties of Citizens.

We have no further suggestions for the point “Citizenship, naturalization and revocation of citizenship shall be prescribed by the law.”

The Work Committee presented the six adopted basic principles in the paras 3 to 8 regarding the equality among the citizens. In our view, the following points are appropriate to be adopted by the constitution:

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

(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.

But concerning the point “However, nothing in this section shall prevent appointment of men to the positions that are naturally suitable for men only” should not be contained in the constitution. We would like to suggest that point should be enacted by separate law or issued under directives of the respective ministries.

The NUP finds the point “Nothing shall, except in accord with existing laws, be detrimental to the lives and personal freedom of any citizens” provides adequate protection for the citizens.

We agree that the following points are in conformity with the democracy practices.

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

(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.

As the national races have been living in the Union since yore, the point “Every citizen shall have the right to settle and reside in any place within the State according to the law” is in conformity with the nation’s objective conditions.

As the points “The State shall, according to the law, protect every citizen’s belongings and property lawfully earned and acquired.” and “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” are comprehensive and appropriate the NUP has no further discussion concerning them.

The world nations including Myanmar never accept slavery or human trafficking in any form. Thus, we find the following points appropriate:

1. The State prohibits enslaving of man and trafficking in persons

2. 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.

We have no further discussions for the points contained in the paras 16 to 22 concerning the religious affairs.

As the paras 23, 24 and 25 concerns the protection, development and cherishing of literature, culture, arts, customs and traditions and development education and human resources in this knowledge age, they should be adopted.

In the multiparty system, elections will be held for hluttaws at different levels, and the citizens will have the right to be elected and recall a hluttaw member. Thus the points “Subject to this Constitution and relevant laws, every citizen shall have the right to elect and to be elected to the Pyithu Hluttaw, the Amyotha Hluttaw, the Region or State Hluttaw” and “Respective electorate shall have the right to recall a Hluttaw member in accord with the law” should be adopted.

The citizens will have to run businesses in accord with the changing and advancing global conditions, and the State will have to render necessary assistance and protection. Thus, the following praras are appropriate to be adopted.

1. Every citizen shall have the right to freely operate any business activity 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. 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.

In our view the operation of agricultural undertakings with the assistance of the government is also inclusive in the paras.

In connection with the criminal law, the following points should be adopted:

1. An accused should be convicted of crime in accord with the law at the time of the commission of the offence, nor shall he be subjected to a penalty greater than that applicable.

2. Except the matter for which a 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 tranquility in accord with the law in the interest 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.

The points concerning the right to apply to the Supreme Court of the Union , the right and conditions to issue writs, and the right of every citizen, at home or abroad, dealing with foreign countries to seek protection of the State firmly guarantees the rights of citizens. They are suitable to be adopted. Moreover, the point “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 order so as to ensure fulfillment 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” should also be adopted.

According to the new constitution, citizens will have the right as well as responsibilities. The following responsibilities of the citizens explained by the Work Committee Chairman are suitable to be adopted.

1. Every citizen is responsible to uphold:

(a) Non-disintegration of the Union

(b) Non-disintegration of national solidarity

2. Every citizen is responsible to abide by the provisions of the Constitution.

3. Every citizen is responsible to safeguard independence, sovereignty, territorial integrity of the Union of Myanmar.

4. Every citizen, charged 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.

Moreover, concerning the expression “The State”, which says “In this Chapter “The State” means a body that exercises legislative and executive powers according to this Constitution” is appropriate. We find the clarifications of the Work Committee Chairman concerning the rights and responsibilities of the citizens appropriate.

Now, I will present our suggestions on the Role of the Tatmadaw. The National Convention has laid down 14 detailed basic principles concerning the chapter, and the para 14 says, “The Tatmadaw shall render assistance to the people upon occurrence of a calamity in the Union that affects the nation and the people”. In our view, the point means that the Tatmadaw will have to render assistance only in the time of a calamity. Because of its fine traditions, organizational set-up, experiences and ability, it is an undeniable fact that the Tatmadaw is a national force. The Tatmadaw has been taking part in the social and economic undertakings in the interest of the nation and the people. And in normal times, the Tatmadaw has been participating in social endeavours, road, railroad, bridge, dam and rural development projects. In our view, the following points should be added to the chapter as the 15th detailed basic priciple.

“The Tatmadaw shall, as and when necessary, take part as a social force as well as an economic force in accord with the Constitution for development of the nation and the people.”

The Tatmadaw born of the anti-colonialists, anti-Fascists and independence struggles is formed with the sons and daughters of the national races. The Tatmadaw has the fine historical tradition of standing by the people, while striving for the perpetuation of independence and sovereignty. The Tatmadaw has the responsibility for national defence and security. Thus, the Tatmadaw needs to always stand firm as the sole armed forces of the nation. In accord with the new constitution it will continue to safeguard Our Three Main National Causes.

The Tatmadaw will have the right to strive for national, economic development systematically as a national, economic and social force, while correctly assessing its organizational set-up, experiences and qualifications in accord with its fine traditions. With those facts in mind, the Tatmadaw has been striving to become a modern and developed armed forces for all the national people to rely on.

The National Convention held on 16 September 1993, has adopted the six basic principles concerning the Tatmadaw. The Work Committee Chairman proposed to take those basic principles as the base in discussing the respective chapters and to transfer them to the related chapters. Unlike armed forces of other nations, the Tatmadaw was born of a significant situation. Thus, the NUP has no further discussions concerning the chapter.

The Work Committee Chairman made his explanations after thoroughly studying the constitutions of world nations and the 1974 Constitution and the 1948 Constitution so that the explanations will be in conformity with the traditions and culture of Myanmar . Likewise the detailed basic principles for the chapter of the Role of the Tatmadaw are in accord with the nation’s objective conditions and within the framework of the basic principles on the Tatmadaw already adopted by the National Convention.

We found that the detailed basic principles for the chapters the Citizenship, the Rights and Duties of the Citizens and the Role of the Tatmadaw are within the framework of the 104 basic principles. Thus we found them appropriate. We would like to request to take into consideration our suggestions in the interest of the nation and the people.

Source: http://mission.itu.ch/MISSIONS/Myanmar/n-convention/NC_2006%20Jan%2025.htm