From The New Light of Myanmar 27 January 2006
Plenary Session of the National Convention continues.
Delegate Group of Representatives-elect, Delegate Group of National Races submit suggestions
YANGON, 26 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 Tin of Delegate Group of State Service Personnel 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 Myint of Delegate Group of Intellectuals and Intelligentsia 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.
Afterwards, the proposals of the six representatives-elect — Representatives-elect U Tin Win of Kyaiklat Township constituency-2, U Theim Kyi of Taungdwingyi Township constituency-1, U Hla Soe of Minbu Township constituency-2, U Kyi Win of Mingaladon Township constituency-1, U Mya Hlaing of Twantay Township constituency-2 and U Tin Tun Maung of Mingaladon Township constituency-2 — were presented to the plenary session in three parts. First, U Kyi Win of Mingaladon Township constituency-1 submitted the proposals.
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(The presentation is reported separately.)
Next, U Tin Win of Kyaiklat Township constituency-2 presented the proposals.
(The presentation will be reported.)
Afterwards, U Thein Kyi of Taungdwingyi Township constituency-1 presented proposals.
(The presentation will be reported.)
The plenary session took a break.
When the plenary session resumed, Delegate Group of National Races presented their proposals.
First, U Tun Thwe of Rakhine State presented the proposals.
(The presentation will be reported.)
Next, Daw Khin Aye Maw of Yangon Division presented the proposals.
(The presentation will be reported.)
Afterwards, Daw Tin Tin Ohn of Shan State (North) presented the proposals.
(The presentation will be reported.)
Finally, U Thein Tun of Mandalay Division 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.
Only when the Tatmadaw is strong, will it be able to discharge State security and defence duties and protect and safeguard sovereignty and lives and property of the people
YANGON, 26 Jan—The following is a translation of the proposals of the Kokang Democracy Unity Party 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 Khin Maung Aye of the Kokang Democracy Unity Party yesterday .
We have reviewed the discussions of the National Convention Convening Work Committee.
Then, we found that the clause “Citizenship, Fundamental Rights and Duties of Citizens” indicates requirements to win citizenship. It is stated that:
- 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. So, that prescriptions conform to the conditions of Myanmar where various national races are making their homes in harmony.
Every citizen has the right to enjoy fundamental rights as prescribed by this Constitution in a just way. The noblest and worthiest of worldly values such as equality, liberty, and justice are democratic rights of citizens. So, the citizens have the rights to enjoy them.
We consider that full implementation of the characteristic “equality before the law” is a point of democratic practice.
We have to learn lessons from the incidents of the nations where colour, class and racial discrimination is still in existence and causing internal instability.
According to the records, we learn that our nation is home to 135 national races.
These national races (citizens) have
different faiths, customs, culture, arts, literature, and languages.
So, the principle “Every citizen shall, in accord with the law,
have the right to freely develop literature, culture, arts, customs
and traditions they love” is key to non-disintegration of
national solidarity and they are fundamental rights of citizens.
The
prescription of the fundamental right — freedom of speech,
press, assembly, procession, association, settlement in the State,
property ownership and security of premises — can shape the
brighter future of the entire national people. And only when such a
fine fundamental right is practised, will the nation be transformed
into a developed, peaceful and modern one. Opposition against the
enslaving of human and trafficking in persons is humanism.
In accordance with the educational policies laid down by the State regarding the education sector, the principle that “every citizen shall
- have the right to pursue education,
- pursue the free compulsory primary education as prescribed by the law” is a fundamental policy of the national education. Promotion of the education standard of the entire nation means the raising of the standard of the State.
Moreover, it is stated that the State shall give guarantee to the citizens in doing businesses without prejudice to the law, the citizens should be guaranteed privacy of property, rights to use assets and to innovate. That will help ensure all-round development of the national economic sector and enhance the definition of the words ‘fundamental rights of citizens’.
Citizens are bestowed with fundamental rights, and are to conscientiously discharge the duties stated in the Constitution. Some of the duties of citizens are to uphold Our Three Main National Causes that can guarantee perpetual existence of the motherland, and every citizen is responsible to safeguard independence, sovereignty and territory of the State.
The definition of the word “The State” and the explanations made by the Work Committee Chairman are appropriate, and so they should be adopted for the Chapter “Citizenship, Fundamental Rights and Duties of Citizens”.
Two of the basic Principles as regards the Role of the Tatmadaw are:
- the Tatmadaw is strong, modern and must be the sole existing Tatmadaw,
- the Tatmadaw is mainly responsible for safeguarding non-disintegration of the Union , non-disintegration of national solidarity and perpetuation of sovereignty.
These basic principles are of great importance and essence for the State and the entire national people.
Past historic evidences have borne a profound witness to the fine tradition of the Tatmadaw that it has showed its brilliant performances in times of emergency.
All the nations implement political, economic, social and defence duties enlisting the mighty power of the Tatmadaw concerned.
It is found that only when the Tatmadaw is strong, will it be able to discharge State security and defence duties and protect and safeguard sovereignty and lives and property of the people.
The Work Committee’s findings comprise the duties of the Tatmadaw, the role, duties and rights of the Commander-in-Chief of Defence Services, conduct of military conduct, and the duty to take care of the families of the Tatmadaw members. So, I would like to suggest that they should be adopted as detailed basic principles.
The 14 detailed basic principles explained by the Work Committee should be adopted
YANGON, 26 Jan—The following is a translation of the proposals of the Wa National Development Party 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 Hsam Hsaung Ka of the Wa National Development Party yesterday.
In its drive for the building of a modern and developed democratic nation, the government has been upholding Our Three Main National Causes — non-disintegration of the Union , non-disintegration of national solidarity, and perpetuation of sovereignty — and implementing the 12 objectives. To achieve the goal, it is drawing an enduring State Constitution.
A constitution of a nation is to be framed in accordance with the background history, national races, religion, culture and customs of the nation. Only with an enduring State Constitution, will the noblest and worthiest of worldly values such as equality, liberty, and justice prevail in the nation.
In drawing a State Constitution, citizenship, fundamental rights and duties of citizens are to be stated precisely and clearly.
The constitutions of many nations prescribe citizenship, fundamental rights and duties of citizens separately in a chapter. In this regard, prescribed in the 1947 Constitution was the chapter “fundamental rights”, and in the 1974 Constitution, “citizenship, fundamental rights and duties of citizens”.
Rights and duties of a citizen go together. The Union will be peaceful so long as it keeps a balance between rights and duties.
It is witnessed that national races are dealing with each other in various regions of the nation more frequently than in the past. Some characteristics of the customs and traditions of the national races are similar in essence, and some are different from one another. 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 should not be adversely affected by another national race.
The National Convention has adopted basic principles “All persons born of parents both of whom are nationals of the Union of Myanmar. Persons who are vested with citizenship according to existing laws on the date this Constitution comes into force. Citizenship, naturalization and revocation of citizenship shall be prescribed by the law”.
The 1947 Constitution also prescribed so. I would like to suggest that the basic principle —
“(1) All persons who have either one of 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 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.
All citizens shall enjoy equality before the law, and equal rights and protection of the law. The right of equality, the right of liberty and the right of justice are democratic rights all citizens should enjoy in building a genuine democratic nation.
After completing the State Constitution, our nation will have to practise the genuine multi-party democracy system. The basic principles on freedom of speech, press, assembly, procession, association, settlement in the State, property ownership and security of premises, prohibiting enslavement of man and trafficking in persons and forced labour, and hard labour for those who are sentenced to prison terms under law, are appropriate.
The principles that ensure the exercise of this right shall not, in the interests of the State and the people, associate with politics, social affairs and other secular affairs, abuse of religion for political purpose, and any act which is intended or likely to promote feelings of enmity, conflicts and disagreements between racial or religious communities or sects are also appropriate.
Every citizen shall, in accord with the law, have the right to freely develop literature, culture, arts, customs and traditions they love.
The education standard of the citizens a major role in building a modern developed nation. So, the basic principles “Every citizen shall have the right to innovate and express conscience for the development of science, literature and arts, and freely do research on culture” and “The State shall encourage and provide, based on qualifications, assistance for citizens outstanding in the education, irrespective of race, religion, and sex” are proper.
In a democratic nation, State’s sovereignty resides in the people. Hluttaws at different levels are to be formed in accordance with the Constitution to deal with the procedures on sovereignty. Citizens have to elect Hluttaw representatives. It is a proper principle that citizens have the rights to revoke the duties of the Hluttaw members elected by the former.
Respective electorate shall have the right to revoke the duties of a Hluttaw member in accord with the law; an accused should be convicted of crime in accord with the law at the time of the commission of the offense, nor shall he be subjected to a penalty greater than that applicable; an accused shall have the right to make an argument against the charge; and no citizen shall, except matters on precautionary measures taken for security of the State, prevalence of law and order, and community peace and tranquillity in accord with the law in the interests 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, are appropriate.
In many of the democratic nations, the power to issue writs is vested in the Supreme Court concerned. In the 1947 Constitution, such power is entrusted in the Supreme Court.
The National Convention has adopted a basic principle that the Union Supreme Court is formed as the highest court for judicial formation.
So, the power to issue writs should be vested in the Supreme Court. In the process, it is proper that if there are some rights that need to be restricted or revoked, they should be done so only after the enacting of a necessary law for members who are discharging national defence duties, or duties for prevalence of law and order and State security.
Every citizen, equipped with Union Spirit, is responsible to enhance unity among national races and to ensure community peace and stability, to undergo military training in accord with the provisions of the law and to serve in the armed forces to defend the State, and to pay taxes to be levied according to the law.
In Chapter II of the 1947 Constitution, the word “State” was defined. The definition of the words “The State” by the National Convention for Chapter “Citizenship, Fundamental Rights and Duties of Citizens” and designation of authoritative bodies are appropriate.
So, I would suggest the 48 detailed basic principles presented by the Work Committee Chairman should be adopted.
The plenary session of the National Convention laid down the following basic principles in connection with the Tatmadaw on 16 September 1993:
(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.
The Tatmadaw of a nation shall be a strong and capable one so that it can safeguard independence, to ensure existence of the motherland, and to protect the nation from alien enemies.
The lifeblood of a nation rests on its constitution because it can shape the brighter future of the nation. It is required to build a modern and patriotic Tatmadaw that is capable of crushing any forms of dangers to the mother country.
I would like to make a suggestion, regarding the principle “The Tatmadaw is mainly responsible for safeguarding the State Constitution” explained by the Work Committee Chairman at the plenary session on 10 January this year.
Instead of that, it should be more proper if the principle is “The Tatmadaw is mainly responsible for safeguarding the independence and the State Constitution”.
The principle “Tatmadaw has the right to administer for participation of the entire people in the State security and defence. The people’s militia strategy shall be formed with Tatmadaw’s leadership” will be more suitable if it is “The Tatmadaw, with the approval of the National Defence and Security Council, has the right to administer for participation of the entire people in the State security and defence. The people’s militia strategy shall be formed with Tatmadaw’s leadership.”
Our two suggestions can be added to the principles if they are considered to be added, and the 14 detailed basic principles explained by the Work Committee should be adopted.
Independent representatives-elect support adoption of detailed basic principles for Citizen and Tatmadaw
YANGON, 26 Jan — The following is a translation of the suggestions presented by independent representatives-elect Dr Hmu Htan of Thantlang Township constituency, Chin State, U Aung Thein of Ywangan Township constituency, Shan State (South), and U Tun Kyaw of Namhsan Township constituency, Shan State (North), concerning the chapters Citizenship, Fundamental Rights and Duties of Citizens and the Role of the Tatmadaw yesterday.
The State will have to issue bylaws and rules and regulations for the people to legally exercise their fundamental rights and the authorities to always accept themselves as the members of the bodies serving the public interest. The constitutions of some nations permit citizens to hold dual passports and in some countries there are only one type of passport. Precise provisions are required in promulgating laws for the citizenship.
Hence, in connection with the citizenship, I would like to suggest that the already-adopted basic principles should be transferred to the chapter Citizenship, Fundamental Rights and Duties of Citizens to be adopted as detailed basic principles.
The National Convention has already adopted the basic principle “Every citizen shall enjoy rights of equality, rights of liberty and rights of justice etc. as prescribed in the Constitution”. In reality, justice, liberty and equality are the worldly values or in other words genuine democratic practices. The authorities and the ordinary people should be equal before the law. Constitution is the life and dignity of a nation, and the only pillar on which the people can rely. Officials concerned have made earnest efforts with goodwill for drafting a new constitution. The important thing is to always value the constitution that is being drafted after making preparations to the best of the ability of all persons concerned for its continued existence. Thus necessary measures should be taken and specific bylaws and rules and regulations enacted for the constitution to be always effective. Market economy of the new constitution will permit more Myanmars to work abroad, and the nation will earn foreign exchange from them. Thus the nation should enact specific laws to protect them. The matter should be prescribed in the new constitution.
The six points explained by the Work Committee Chairman in connection with citizens to enjoy equal rights before the law should be adopted as detailed basic principles as they reflect the nation’s objective conditions.
Freedom of thought, worship, expression, forming organizations, assembling and procession will be included in practising a genuine democracy according to the new constitution. Freedom of expression is much important for the future democratic state. All the democratic nations guarantee this freedom as the fourth estate in addition to the legislative, executive and judicial pillars. But freedom of press should not be misused. And if misused no one will be able to fully enjoy the freedom of rights stipulated in the constitution.
The media should distribute authentic news to help develop the nation. Too much restriction on the local media will make way for the penetration of foreign media. Rumours will never crop up if news about the latest developments, success or failure and good or bad are made public. The future constitution should enact laws and bylaws to permit the private media to run effectively.
Regarding the rights, I found that the five points explained by the Work Committee Chairman are in conformity with the era. Thus, they should be adopted as detailed basic principles.
All human beings will have to eradicate slavery in any forms. Thus in my view, the two detailed basic principles explained by the Work Committee Chairman in connection with slavery and forced labour should be adopted.
Every citizen is equally entitled to enjoy the right to freely profess and practise religion. But the religion should not be misused for political purpose. There should be prohibitions against eruption of sectorial violence resulting from racial or religious hatred and dissension.
In connection with the religious rights and freedom, the seven points explained by the Work Committee Chairman should be adopted.
As for the independent representatives-elect, we all support the social object “Uplift of dynamism of patriotic spirit”. In preserving their literature, culture, customs and art some of the national races are facing financial shortages constraints. Thus, the State should provide assistance both in cash and kind for the purpose by enacting laws. As education and knowledge development is important, I would like to make suggestions to enact laws to narrow the gap between the rural and the urban areas to the most possible degree.
I am in support of adopting the three points concerning the cultural sector and education opportunities explained by the Work Committee Chairman.
Members of the hluttaws at all levels will have to see to the public affairs. But if they fail to do their duties well, the people have the right to recall them. Moreover the people themselves can be the candidates for the elections and can elect MPs.
Concerning the election, the two points explained by the Work Committee Chairman should be adopted.
I would like to present a suggestion saying that necessary laws should be enacted to narrow the rich and poor gap and the social gap of the future nation. Thus, the three detailed basic principles stating the economic opportunities should be adopted.
The National Convention has laid down the basic principle “The State will not demonetize the currency that is legally put into circulation.” I would like to suggest that the principle should be transferred to the “Economic opportunities”.
When the multi-party system is practised in accord with the new constitution, there will be differences of opinion among the political parties as well as remarks critical of one another. This may result in the detention of the dissidents. If so, they should not be treated as prisoners. They should be granted rights prescribed by law. Families of the dissidents should not be harmed.
Concerning the criminal procedures, the points explained by the Work Committee Chairman should be adopted as they are appropriate.
In connection with the power of the Supreme Court of the Union to issue writs, the six detailed basic principles explained by the Work Committee Chairman should be adopted.
As the seven points concerning the
duties of citizens explained by the Work Committee Chairman are
comprehensive, I would like to suggest that they should be
adopted.
Moreover, the point “The word the State stipulated
in this Chapter means a body that exercises legislative and executive
powers according to this Constitution” should also be adopted.
Now, I will present suggestions on the role of the Tatmadaw. The Tatmadaw with unyielding spirit was able to launch anti-colonialist, anti-Fascists and national liberation struggles till independence was regained. And till now, it has been safeguarding the nation’s independence and sovereignty. The National Convention has already adopted the basic principle “Every citizen shall have the duty to learn military science as prescribed by the law” and “Every citizen shall be responsible to undergo military service as prescribed by the law.”
As the Tatmadaw itself was born of the people, the people have taken part in the struggles to drive out the colonialists and Fascists and regain independence. Thus, I believe that the people are always ready to play a part in national defence and security as and when necessary with loyalty. There are instances in which the people rendered assistance to the Tatmadaw in the battles to crush multi- coloured insurgents and Koumintang troops.
The basic principles the Tatmadaw is mainly responsible for safeguarding the State Constitution” and “The Tatmadaw is mainly responsible for safeguarding non-disintegration of the Union , non-disintegration of national solidarity and perpetuation of sovereignty”. All should abide by the constitution.
All the people including women and children as well as the old played a role in repelling the colonialists to regain independence. They did so because of patriotism. Hence, in the face of aliean aggression every citizen will come forward to defend the nation since the Tatmadaw alone will not be able to do the job. What is important is that the Tatmadaw and the people are always to be united.
The Tatmadaw members have to observe the civilian rules as well as military rules in addition to adhering to their 60 codes of conduct, and four oaths. The nation will be strong and developed as long as the Tatmadaw members observe the laws and rules.
The 14 points clarified by the Work Committee Chairman concerning the chapter “The Role of the Tatmadaw” are in conformity with the ever advancing age. Thus, the 14 points should be adopted as the detailed basic principles for the chapter.
Laws should be enacted to protect the constitution against manipulation, misinterpretation, disrespect, perpetration to weaken it and misuses for self-interest and to bully others.
State shall enable any citizen to enjoy equal rights before the law and shall equally provide legal protection
YANGON, 26 Jan — The following is a translation of the suggestions presented by U Kyi Win of Mingaladon Township constituency -1 in connection with the chapters “Citizenship,Fundamental Rights and Duties of the Citizens” and “the Role of the Tatmadaw” at the plenary session of the National Convention held today.
Mostly, national races want to preserve the race, value and develop customs, culture, literature, language and religion, cherish the land, ensure freedom, equality, unity, autonomy, enjoy the fruits of their physical and intellectual efforts, and be free from domination, manipulation and exploitation. Thus, their wish should be fulfilled and valued.
Concerning the citizenship, I agree to adopt the following 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
There should be matters concerning equality, liberty, justice, anti-slavery and anti-human trafficking, religion, culture and education, election, economy, criminal procedures and the protection granted by the constitution. Thus, regarding the matters, I would like to suggest that the following points should be adopted as detailed basic principles:
“1. The State shall enable any citizen to enjoy equal rights before the law and shall equally provide legal protection
2. The State shall not discriminate against or in favour of any citizen based on race, birth, religion, official position, status, culture, sex and wealth.
3. Citizens shall enjoy equal rights in the following spheres—
(a) public employment
(b) occupation
(c) trade
(d) business
(e) technical know-how and vocation
(f) science and technology
4. Women shall be entitled to the same rights and salaries as that received by men in respect of similar work
5. Mothers, children and expectant women shall enjoy rights as prescribed by law
6. The State shall, in appointing or assigning duties, not discriminate against or in favour of any citizens with qualifications set for positions or duties based on race, birth, region, and sex.
However, nothing in this section shall prevent appointment of men to the positions that are naturally suitable for men only”
As regards the freedom of speech, publication, expression, assembling, procession and the right of the citizens to develop their language, literature, culture they cherish, religion they profess, and customs, I am in support of adopting the following detailed basic principles:
“1. Nothing shall, except in accord with existing laws, be detrimental to the lives and personal freedom of any citizens
2. 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 and the right of procession
(c)The right of the citizens to form associations and unions
(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
3. Every citizen shall have the right to settle and reside in any place within the Union according to the law
4. The Union shall, according to the law, protect every citizen’s belongings and movable & immovable property lawfully earned and acquired
5. The State shall, by law, protect the privacy and security of the home, property, correspondence and other communications of citizens subject to the provisions of this Constitution”
The nation at present is in the process of marching to a new democratic state. In connection with slavery, forced labour and human trafficking, the following points should be adopted.
“1. The State prohibits enslaving of man and trafficking in persons
2. The State prohibits any forms of forced labour except hard labour as a punishment for crime whereof the party shall have been duly convicted and duties assigned by the State in accord with the law in the interests of the State and the people”
Buddhism is the faith professed by the great majority of the citizens of the nation. There are also citizens in the nation who profess Islam, Christianity, Hinduism and Animism. So, the citizens in the State should have the right to freely profess any faiths of their choice. In this regard, there should be a principle that ensures the exercise of this right shall not, in the interests of the State and the people, associate with politics, social affairs and other secular affairs, abuse of religion for political purpose, and any act which is intended or likely to promote feelings of enmity, conflicts and disagreements between racial or religious communities or sects.The right of religious freedom should cover not only the citizens but also foreign registration citizens. The 1947 Constitution bestowed the right of religious freedom covering all people including the citizens.
So, regarding the right of religious freedom, with reference to the basic principles the National Convention has laid down, I would like to sugges to adopt the following detailed basic principles —
“1. Any person is equally entitled to freedom of conscience and the right to freely profess and practise religion subject to public order, morality or health and to the other provisions of the State Constitution
2. The above right shall not include any economic, financial, political or other secular activities that may be associated with religious practice
3. The freedom so guaranteed shall not debar the State from enacting laws for the purpose of social welfare and reform
4. The State recognize the special position of Buddhism as the faith professed by the great majority of the citizens of the State
5. The State also recognize Islam, Christianity, Hinduism and Animism as some religions existing in the Union on the date of the coming into force of the State Constitution
6. The State shall help and protect as much as it can the religions it recognizes
7. 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.”
Source: http://mission.itu.ch/MISSIONS/Myanmar/n-convention/NC_2006%20Jan%2027.htm