From The New Light of Myanmar 26 January 2006
Plenary Session of the National Convention continues.
Delegates of political parties, Representatives-elect 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, 25 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 Hla Myint of Delegate Group of Intellectuals and Intelligentsia 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 Kyaw Myo Win of Delegate Group of Workers, 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.
Delegates to the National Convention submitted their proposals on detailed basic principles to be laid down for the Chapters Citizenship, Fundamental Rights and Duties of Citizens and the role of the Tatmadaw.
First, U Mahn Tin Maung (a) U Mahn Myo Nyunt presented proposals of Union Kayin League which included in Delegate Group of Political Parties.
(The presentation is reported separately.)
Next, U Khin Maung Aye of Kokang Democracy and Unity Party presented the proposals of the party.
(The presentation will be reported.)
Afterwards, U Hsam Hsaung Ka of Wa National Development Party presented proposals of the party.
(The presentation will be reported.)
The plenary session took a break.
When the plenary session resumed, Representative-elect U Maung Ohn of Pyay Township Constituency-1 of the National Unity Party said that the proposals of representatives-elect of National Unity Party to be presented are the same as those presented at the plenary session by delegate of National Unity Party on 24 January and thus to save the time he would not read out the proposals and presented it to the chairman.
Next, U Maung Kyaw Oo of Mro (or) Khami National Solidarity Organization said that the proposals of representatives-elect of Mro (or) Khami National Solidarity Organization was to be presented by Representative-elect U San Tha Aung representing Mro (or) Khami National Solidarity Organization in Rakhine State Kyauktaw Township Constituency-2. But the proposals are the same as those presented at the plenary session by delegate of Mro (or) Khami National Solidarity Organization on 24 January and thus to save the time he would not read out the proposals and presented it to the chairman.
Afterwards, proposals collectively compiled by Independent Representatives-elect Dr Hmu Htan of Chin State Thantlang Township Constituency, U Aung Thein of Shan State (South) Ywangan Township Constituency and U Tun Kyaw of Shan State (North) Namhsan Township Constituency were presented in three parts. First, Dr Hmu Htan of Chin State Thantlang Township Constituency presented the proposals.
(The presentation will be reported.)
Next, U Aung Thein of Shan State (South) Ywangan Township Constituency presented the proposals.
(The presentation will be reported.)
Afterwards, U Tun Kyaw of Shan State (North) Namsam Township Constituency presented the proposals.
(The presentation will be reported.)
The Plenary Session of the National Convention adjourned at 11.30 am. The Plenary Session of the National Convention continues tomorrow at 9 am.
Fourteen points for the Role of the Tatmadaw appropriate to be adopted as detailed basic principles
YANGON, 26, Jan—The following is a translation of the proposals of the Mro (or) Khami National Solidarity Organization 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 Maung Pein (a) U Khin Maung Thein of the Mro (or) Khami National Solidarity Organization.
In his
clarifications to the detailed basic principles made on 10 January
this year for the Chapters ‘the Citizenship, Fundamental Rights
and Duties of Citizens, and the Role of the Tatmadaw’ to be
included in the State Constitution, the Work Committee Chairman said
that the Citizenship, Fundamental Rights and Duties of Citizens shall
be stipulated precisely and clearly in framing an enduring
Constitution. Only then, will citizens be able to understand, when
studying the Constitution, the requirements to be citizens, 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. In the constitutions of many nations, the
1947 Constitution, and the 1974 Constitution, Citizenship,
Fundamental Rights and Duties of Citizens are stated in a
chapter.
The Work Committee also explained that generally, the
fundamental rights that should be prescribed in the Constitution are
requirements to win 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 practise 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, and ensuring not
harming Our Three Main National Causes namely Non-disintegration of
the Union, Non-disintegration of national solidarity, and
Perpetuation of sovereignty that they should always uphold for
perpetual existence of the State.
Since time immemorial, all the national races have been living in our Union keeping eggs and nest intact. The national races, while in search of greener pasture, have settled in the regions of the Union in amity and harmony. Some characteristics of the customs and traditions of the national races are similar in essence, and some are different from one another. They have their own arts they cherish, and some ethnic groups have own literature.
The Work Committee Chairman elaborated that 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; that 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 ensuring 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; and that 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. We made a thorough study on his explanations. Regarding the citizenship, the basic principle “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” has been already laid down in the National Convention and is appropriate. He called for discussions to decide that —
(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 accord ing 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.
The Work Committee Chairman also explained that 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 characteristics are democracy rights, to which the people shall have access in building a genuine democratic nation. All citizens are equal before the law irrespective of race, birth, religion, official position, culture, sex and wealth. He also made clarifications to:
- equality and freedom,
- enslavement and forced labour,
- religious rights,
- cultural and educational rights,
- the rights to vote and to be elected,
- the rights to do businesses,
- the rights on crimes,
- enforcement of remedies according to the Constitution,
- duties of citizens, and
- the word “The State”.
We found that the explanations are suitable, and so the 48 points should be adopted as detailed basic principles in the Chapter “Citizenship, Fundamental Rights and Duties of Citizens”.
At the plenary session of the National Convention held on 10 January this year, the Work Committee Chairman also explained the detailed basic principles that should be adopted for the Chapter “The Role of Tatmadaw”.
At the plenary session of the National Convention held on 16 January 1993, he explained that the basic principles for the Role of Tatmadaw:
(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 Union , non-disintegration of national solidarity and perpetuation of sovereignty;
(f) the Tatmadaw is mainly responsible for safeguarding the State Constitution, should be adopted.
The Work Committee Chairman added that if there is a state, there must be an institution to defend it. And the institution is none 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 Myanmar history, with the national aim of serving the interest of the nation and the people to the most possible degree. The Tatmadaw has been discharging the national duty for the safety of the lives and property of the people, and for the nation to stand tall with dignity in the world perpetually as a peaceful and prosperous state. The Tatmadaw must be strong to carry out the task dutifully.
We thoroughly assessed his clarifications, comparing with prevailing conditions of our nation and the principles of some nations.
The Tatmadaw was conceived with the aim of throwing the yoke of slavery. The Work Committee Chairman presented 14 points for the Role of the Tatmadaw that should be adopted as detailed basic principles.
We find that these 14 points are appropriate, and so they should be adopted as detailed basic principles.
Union Kayin League supports adoption of all detailed basic principles of chapters concerning citizens and Tatmadaw
YANGON , 25 Jan — The following is a translation of the suggestion presented by U Mahn Tin Maung (a) U Mahn Myo Nyunt of Union Kayin League at the National Convention today.
Now we are going to discuss the 48 points concerning the Citizenship, Fundamental Rights and Duties of Citizens and the 14 points concerning the Role of the Tatmadaw explained by the Chairman of National Convention Convening Work Committee.
Concerning the citizenship the following points should be adopted as detailed basic principles
(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
The National Convention has already adopted the six basic principles concerning the justice, equality and liberty that are the worldly values and genuine democracy practices. Moreover the points explained by the Work Committee Chairman in connection with religion, gender, social status, maternity rights and other matters contained in the paras 3 to 8 are suitable to be adopted as detailed basic principles.
The five points regarding the citizens’ freedom covers the freedom of speech, freedom of publication, freedom of expression, freedom of assembling, formation of organizations, protection of property, State security, the rule of law and community peace. Thus, the points contained in the paras 9 to 13 should be adopted as detailed basic principles. As regards slavery and forced labour, the paras 14 and 15 should be adopted for the constitution. The National Convention laid down seven detailed basic principles in connection with the religious freedom, and we find them appropriate to be adopted for the constitution.
The clarifications of the Work Committee Chairman include cultural sector, education opportunities, and literature, culture and arts of the national races. In our view the paras 23 and 25 stipulating the said matters should be adopted.
The two points regarding the elections is comprehensive for the multiparty democracy system. Thus, we would like to suggests that the paras 26 and 27 should be adopted. The State will have to guarantee economic freedom in accord with law and render assistance for obtaining technology, investment, raw materials. Thus we are in support of adopting the paras 28 to 30.
As regards the criminal procedures, the Work Committee Chairman explained four points, and we are in favour of adopting them as detailed basic principles for the constitution.
In our view, the paras 35 to 40 in connection with Citizens’ right to seek protection of the State and other matters should be adopted as detailed basic principles.
The paras 41 to 47 deal with responsibilities of citizens to uphold Our Three Main National Causes, abide by the Constitution, safeguard independence, sovereignty, territory of the Union of Myanmar, ensure community peace and stability, build a modern developed nation, undergo military training, serve in the armed forces to defend the State, and pay taxes to be levied according to the law. Thus we agree that the paras should be adopted as detailed basic principles.
As the para 48 comprehensively explains the definition of the term “the State” it should be included in the Constitution. All in all, we would like to say that all the 48 points of the chapter should be adopted as detailed basic principles.
Now, I will give suggestions on the chapter “the Role of the Tatmadaw”. The National Convention adopted the six basic principles on the chapter. The nation’s security and perpetuation can be guaranteed only if the Tatmadaw is strong. The Work Committee Chairman explained that the nation fell apart and lost her independence and sovereignty during the time when the Tatmadaw was weak. The Work Committee chairman also explained the military build-up of the neighbouring nations.
The National Convention has already adopted the basic principle concerning the existence of a strong and modern Tatmadaw. As explained by the Work Committee Chairman, the point “The Tatmadaw is strong, modern and must be the sole existing brilliant and patriotic Tatmadaw” should be adopted.
Concerning the Tatmadaw’s duty for safeguarding the State Constitution, and Our Three Main National Causes — non-disintegration of the Union , non-disintegration of national solidarity and perpetuation of sovereignty, the paras 2 and 3 should be adopted.
As the paras 4 and 5 include the Tatmadaw’s duty of safeguarding the Union of Myanmar and right to administer for participation of the entire people in the State security and defence, they should be adopted.
We are in favour of adopting the paras 6, 7 and 8 which concern the task of commanding all armed forces in the nation and designating the official position of the Commander-in-Chief of Defence Services.
The party finds the para 9 regarding the Commander-in-Chief of Defence Services and the para 10 suitable to be adopted as detailed basic principles for the constitution. We also would like to suggest that the following points should be adopted:
“Military justice for members of the Tatmadaw may be administered according to law by a collective organ or by a judge”
“The decision of the Commander-in-Chief of the Defence Services is final and conclusive in military justice”
“A Law shall be enacted to provide assistance and care for families of the disabled or fallen Tatmadaw members”
“The Tatmadaw shall render assistance to the people upon occurrence of a calamity in the Union that affects the nation and the people”
As the 14 detailed basic principles of the Role of the Tatmadaw and the 48 detailed basic principles in connection with the Citizenship, Fundamental Rights and Duties of Citizens are in accord with the worldly values and six objectives of the National Convention, they all should be adopted as provisions of the new Constitution.
Source: http://mission.itu.ch/MISSIONS/Myanmar/n-convention/NC_2006%20Jan%2026.htm