From The New Light of Myanmar 28 January 2006
Plenary Session of the National Convention continues.
Delegate Groups of Peasants, Workers and Intellectuals and Intelligentsia present suggestions on detailed basic principles to be laid down for Chapters Citizenship, Fundamental Rights and Duties of Citizens and Role of the Tatmadaw.
YANGON, 27 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 the recreation hall for the delegates.
U Paw Laik Kham of Other Invited Persons 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 Hla Tin of Delegate Group of State Service Personnel.
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 Kyaw Tint of Sagaing Division presented the proposals of Delegate Group of Peasants.
(The presentation will be reported.)
Next, U Aye Kyu of Magway Division presented the proposals.
(The presentation will be reported.)
Afterwards, Daw Aye Aye Thaung of Ayeyawady Division presented proposals of Delegate Group of Workers.
(The presentation will be reported.)
The plenary session took a break.
When the plenary session resumed, U Kyaw Hlaing of Taninthayi Division presented proposals of Delegate Group of Workers.
(The presentation will be reported.)
Next, U Kyaw Mya Aung of Yangon Division presented the proposals.
Later, Delegate Group of Intellectuals and Intelligentsia presented the proposals. First, Composer Hinthada U Myint Ngwe presented the proposals.
(The presentation will be reported.)
Finally, Rector of Mawlamyine University U San Tint presented the proposals.
(The presentation will be reported.)
The Plenary Session of the National Convention adjourned at 11.45 am.
The Plenary Session of the National Convention continues on 30 January (Monday) at 9 am.
Discussions held by delegates at National Convention with unity will go down in the annals of history
YANGON , 27 Jan — The following is a translation on the suggestions presented by U Tin Win of Kyaiklat Township constituency -2 in connection with the chapters “Citizenship, Fundamental fundamental Rights and Duties of the Citizens and the Role of the Tatmadaw” at the plenary session of the National Convention held yesterday.
Some customs, culture and arts of the national races are similar and some are not. Some national races have own languages and literature. So, those national races should also have the right to freely develop their own literature, culture and traditions. It is required to enact a law that every citizen shall be given basic education as compulsory. And every citizen should have the right to pursue science and to carry out innovation in literature and arts. Although there is free education in the nation, parents are still carrying the heavy burden of high services fees and other costs of the education sector. Outstanding students should be sent abroad as scholars for further studies.
Thus, concerning the educational and cultural rights, the following detailed basic principle should be adopted.
“1. Every citizen shall, in accord with the law, have the right to freely develop literature, culture, arts, customs and traditions they love. In the process, they shall avoid any act which is to the detriment of national solidarity. Any particular action in this respect which might adversely affect the interests of one or several other national races shall be taken only after consulting with and obtaining the consent of those affected
2. Every citizen, in accord with the education policy laid down by the State shall,
(a) have the right to education
(b) be given basic education prescribed by the law as compulsory
(c) have the right to innovate and express conscience for the development of science, literature and arts, and freely do research on culture
3. The State shall encourage and provide, based on qualifications, assistance for citizens outstanding in the education, irrespective of race, religion, and sex.”
As regards the elections, I agree that the following two points should be adopted.
“1. 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;
2. Respective electorate shall have the right to revoke the duties of a Hluttaw member in accord with the law”
National economic development is required for proper evolution of the market economy. Appropriate laws to grant business freedom is required and the State should help entrepreneurs get expertise, investment and raw materials. State should give guarantee to the citizens in doing businesses subject to the law, the citizens should be guaranteed of property ownership, rights to use assets and to innovate.
Hence, the following detailed basic principles should be adopted.
“1. Every citizen shall have the right to freely do business 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. In doing businesses subject to the law, every citizen should be guaranteed the rights of property ownership, using assets, innovation, and copyright by the State”
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. There should not be any authority to hold a citizen in detention for more than 24 hours without the permission of a law court. Hence, I would like to suggest that the following detailed basic principles should be laid down.
“1. An accused should be convicted of crime in accord with the existing law at the time of the commission of the offence; he shall not be subjected to a penalty greater than that applicable
2. Except the matter for which a next higher court revokes a judgement and orders to rehear the case regarding the judgement 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 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”
As regards the protection of fundamental rights, issuance of writs, revocation and restriction of rights as and when may be necessary and other matters, the following detailed basic principles should be adopted.
“1. The right to move the Supreme Court of the Union by appropriate proceedings for the enforcement of any of the rights conferred by this Chapter is hereby guaranteed
2. The Supreme Court of the Union shall have the power to issue the following writs as appropriate in a matter to enforce the rights bestowed by this Constitution;
(a) Writs of Habeas Corpus
(b) Writs of Mandamus
(c) Writs of Prohibition
(d) Writs of Quo Warranto
(e) Writs of Certiorari
The vesting of the Supreme Court of the Union with the power to issue writs should not affect the power of other courts to issue orders that is likely to be the power vested according to an existing law to issue orders.
3. In times of the following situations, the power to issue writs shall not be suspended unless the public safety may so require. In carrying out tasks, some citizens may have to deal with foreign countries. Such citizens, at home or abroad, should have the right to seek protection of the State.
(a) in time of war,
(b) in time of invasion,
(c) in time of rebellion;
4. Every citizen, at home or abroad, dealing with foreign countries shall have the right to seek protection of the State;
5. Except the following situations, the right to enforce remedies prescribed by law shall not be suspended regarding the deprivation of citizens—
(a) in time of invasion,
(b) in time of rebellion,
(c)in time of insurrection or grave emergency,
6. If there are, of the rights prescribed in this chapter, 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 to be able to discharge their duties effectively with discipline”
As a citizen can enjoy the rights bestowed by the Constitution, he should be loyal and dutiful to the State. Mainly, he has the duty to safeguard Our Three Main National Causes. All citizens have the duty to join hands with national races for all-round development and modernization of the nation and ensure peace and stability. They all have the duty to learn military science, serve in the military and safeguard sovereignty and independence. Hence, I am in favour of adopting the following points.
“1. Every citizen is responsible to uphold:
(a) Non-disintegration of the Union
(b) Non-disintegration of national solidarity
(c) Perpetuation of sovereignty
2. Every citizen is responsible to abide by the provisions of the Constitution
3. Every citizen is responsible to safeguard independence, sovereignty, territory of the Union of Myanmar
4. Every citizen, equipped 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”. I also would like to suggest to adopt the point “The word the State stipulated in this Chapter means a body that exercises legislative and executive powers according to this Constitution”.
In my view if the people live in accord with discipline and are dutiful and the persons in authority seriously followed provisions of the constitution we all will be able to reach a modern and developed nation where democracy flourishes and every person is enjoying human rights fully. The discussions made by the delegates at the National Convention with unity will go down in the annals of history.
The delegate group of national races support adoption of detailed basic principles explained by the Work Committee Chairman
YANGON, 27 Jan—The following is a translation on the proposal of the delegate group of national races read out by U Thein Tun of Mandalay Division at the plenary session of the National Convention held at Pyidaungsu Hall in Nyaunghnapin Camp, Hmawby Township, on 26 January 2006, regarding the detailed basic principles that are appropriate for the Chapter “Citizenship, Fundamental Rights and Duties of Citizen” and the Chapter “The Role of the Tatmadaw” to be included in the State Constitution yesterday.
I would like to present a worldwide well-known event regarding the power of the Tatmadaw to decide warfare matters. It is a war that took place between two Korean nations.
Inchon amphibious battle that occurred in September 1950 was the largest of its kind after the World War II. Despite the objection of so many persons including the President, the Secretary of the Ministry of Defence, the Army general, the Navy admiral, and high-ranking officials, General Mc Arthur made a sharp determination to launch such a decisive war. He said that if they were defeated in Asia, it would affect the fate of Europe . But, if they won the battle, it would save 100,000 lives. With the use of 260 warships, 500 tanks, and 180,000 troops, he managed to win the war, braving huge sea waves and swift tides. Defence and security matters concerning the Tatmadaw are to be kept secret and to be decided in a very short time to successfully complete a mission.
We the delegate group of national races believe that the national defence and security council will come into existence in the future and it will be capable of defending the motherland from dangers. A French general on 1 August 1914 warned the highest military council of France that every 24-hour delay to general military activities would lead to the loss of the 10-kilometre area of French territory. That was near one hundred years ago. Now is the age of supersonic aircraft including military vehicles and bombers.
So, it can be deduced that today, a 24-hour delay can lead to the loss of the land of more than one thousand kilometres. Therefore, the basic principle the National Convention has adopted “The Tatmadaw has the right to independently administer all affairs concerning the forces” should be adopted.
As the Tatmadaw is an armed force, rules and regulations enacted for ordinary people are not enough for its members. It calls for a special law comprising extraordinary provisions.
Articles 98 and 99 of the 1974 Constitutions say “Justice shall be administered collectively by each judicial organ” and “Military justice for members of the People’s Defence Services may be administered according to law by a collective organ or by a single judge”.
The Commander-in-Chief of Defence Services is the one who knows military code of conduct and immediate military requirements much more than any others. And he is also the one who will treat Tatmadaw members in conformity with the laws.
The Tatmadaw members are soldiers who discharge national defence duties at risk to their lives in the interests of the State and the people. So, the State is responsible to provide assistance and care for families of the disabled or fallen Tatmadaw members.
The Tatmadaw shall carry out tasks for stability of the State, security tasks, and relief services in times of natural disasters. Born of the people, the Tatmadaw has to carry out duties for security of the people, and to serve the interests of the people.
Based on these points, I would like to present the points altogether:
1. The Tatmadaw is strong, modern and must be the sole existing brilliant and patriotic Tatmadaw
2. The Tatmadaw is mainly responsible for safe guarding the State Constitution
3. The Tatmadaw is mainly responsible for safe guarding non-disintegration of the Union , non-disintegration of national solidarity and perpetua tion of sovereignty
4. The Tatmadaw must play a leading role in safe guarding the Union of Myanmar against all internal and external dangers. The Tatmadaw is the core armed forces for national defence
5. The 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
6. All the armed forces in the nation shall be under the command of the Tatmadaw
7. The Defence Services Commander-in-Chief is the Supreme Commander of all armed forces
8. As a reference in designating the official position of the Commander-in-Chief, the Commander-in-Chief is designated as the Vice-President level
9. The President shall appoint the Commander-in-Chief of Defence Services with the proposal and approval of the National Defence Council
10. The Tatmadaw has the right to independently administer all affairs concerning the forces
11. Military justice for members of the Tatmadaw may be administered according to law by a collective organ or by a judge
12. The decision of the Commander-in-Chief of the Defence Services is final in military justice
13. An Act shall be promulgated to provide assistance and care for families of the disabled or fallen Tatmadaw members
14. The Tatmadaw must render assistance to the people in case of the occurrence of a calamity in the nation that affects the nation and the people.
Based on our findings, I would like to make a suggestion. The para 24 of the Chapter “Citizenship, Fundamental Rights and Duties of Citizens” says “Every citizen, in accord with the education policy laid down by the State, shall have the right to education”. But, there is no prescription for the health care. So, a separate para “Every citizen, in accord with the health policy laid down by the State, shall have the right to health care” should be added to the chapter.
The delegate group of national races supported and suggested that the detailed basic principles explained by the Work Committee Chairman regarding the Chapter “Citizenship, Fundamental Rights and Duties of Citizens” and the Chapter “The Role of the Tatmadaw” should be adopted. I would also like to make a suggestion.
More than 70 per cent of National Convention proceedings have been successfully completed. We members of the delegate group of national races are very pleased with this, and we will discharge State duties and national duty with added momentum.
Tatmadaw will strive together with other forces to steer nation towards democracy in accord with new constitution
YANGON, 27 Jan — The following is a translation on the suggestions presented by U Thein Kyi of Taungdwingyi Township constituency-1 in connection with the chapter “the Role of the Tatmadaw” at the plenary session of the National Convention held yesterday.
The term “Tatmadaw” has a profound meaning. An armed and uniformed organization cannot become a Tatmadaw without systematic organizational set-up, obedience, discipline and codes of conduct every member has to abide by. The most important thing for the Tatmadaw is the morale and conviction of its members at all levels. The courage to defeat the enemy in the battle field is not enough for the Tatmadaw. The members’ loyalty to their own institution and the people they are serving is also included in the definition of the term.
The Tatmadaw was founded by the persons with significant political vision during the struggles to regain independence. It restored independence and has coped with the political hardships throughout the successive eras with national political outlook. Thus, it is not an ordinary salaried armed forces, but an armed institution with high national political outlook or the politized army.
The clarification of the Chairman of the National Convention Convening Work Committee include the nature of the Tatmadaw, its duties, its means to perform the duties well, the powers to do so, its discipline enforcement, and programmes for its members who died in the line of duty. Thus, the role of the Tatmadaw for the future nation is obvious.
Based on the above facts, I would like to present a separate suggestion concerning the detailed basic principle “The 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.”
In my view, it should be highlighted that the Tatmadaw’s endeavour for this matter is in accord with the constitution as there is also the detailed basic principle saying “The Tatmadaw is mainly responsible for safeguarding the State Constitution”. Hence, I would like to suggest that the given detailed principle should read “The Tatmadaw has the right to administer for participation of the entire people in the State security and defence in accordance with the constitution”.
Only then will there be relationship between the given principle and the detailed basic principle of the Citizenship, Fundamental Rights and Duties of Citizens, which says, “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”.
Except from my separate suggestion, our group would like to suggest that the following 14 detailed basic principles explained by the Work Committee Chairman should be adopted.
1. “The Tatmadaw is strong, modern and must be the sole existing brilliant and patriotic Tatmadaw”
2. “The Tatmadaw is mainly responsible for safeguarding the State Constitution”
3. “The Tatmadaw is mainly responsible for safeguarding non-disintegration of the Union , non-disintegration of national solidarity and perpetuation of sovereignty”
4. “The Tatmadaw shall lead in safeguarding the Union of Myanmar against all internal and external dangers. The Tatmadaw is the core armed forces for national defence”
5. “The 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”
6. “All the armed forces in the Union shall be under the command of the Tatmadaw”
7. “The Defence Services Commander-in-Chief is the Supreme Commander of all armed forces”
8. “As a reference in designating the official position of the Commander-in-Chief, the Commander-in-Chief is designated as Vice-President level”
9. “The President shall appoint the Commander-in-Chief of Defence Services with the proposal and recommendation of the National Defence and Security Council”
10. “The Tatmadaw has the right to independently administer all affairs concerning the forces”
11. “Military justice for members of the Tatmadaw may be administered according to law by a collective organ or by a judge”
12. “The decision of the Commander-in-Chief of the Defence Services is final and conclusive in military justice”
13. “A Law shall be enacted to provide assistance and care for families of the disabled or fallen Tatmadaw members”
14. “The Tatmadaw shall render assistance to the people upon occurrence of a calamity in the Union that affects the nation and the people”
If all have no doubts about the links between the three objectives of the National Convention “flourishing of genuine multiparty democracy system”, further burgeoning of the noblest and worthiest of worldly values namely justice, liberty and equality in the State, and “for the Tatmadaw to be able to participate in the national political leadership role of the State” and work with goodwill, based on true nationalism, there will be total harmony and unity in the nation for any endeavour. As the power is not vested in any single person, but separated as much as possible, the task of exerting reciprocal control, check and balance would be carried out well.
If all have a clear view on the Tatmadaw’s participation in the State leadership role together with other forces, there will emerge three strengths — the forces including political parties representing the people through elections, the forces representing the people, and the consolidated and united Tatmadaw — in the nation. The nation will develop only if the three forces work together in unity. Of the three forces, the Tatmadaw is the only institution that can respond any matter quickly. Thus, the Tatmadaw’s participation in building a new nation is inevitable. Even if the Tatmadaw has no wish to play a part, other two forces should organize it to join in the task. In my view, all will have to work without having any extreme passions and prejudices and make assessments for the corruption-free future. Thus all will have to warmly welcome the Tatmadaw’s participation in the nation-building task. I believe that the Tatmadaw will strive together with other forces to steer the nation towards democracy in accord with the new constitution, without having any extreme passions for any ideology or individual, while keeping in the fore the national interest and true nationalism.
Abuse of religion for political purposes forbidden
YANGON, 27 Jan — The following is a translation on the suggestions presented by U Tun Thwe of Rakhine State of the delegate group of national races in connection with the chapters “Citizenship, Fundamental Rights and Duties of the Citizens” at the plenary session of the National Convention held Yesterday.
My presentations will be in two parts — the detailed basic principles our group has supported to be adopted and a separate suggestion.
The explanations of the Chairman of the National Convention Convening Work Committee included citizenship, equality before the law, freedom of speech, expression, publication, assembling, property ownership, literature, culture, religion, education, election, economic freedom, criminal procedures, and protection of rights.
As regards the citizenship, the following detailed basic principles should be laid down.
“(1)All persons who have either one of following requirements ares 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”
Equality, liberty and justice are the worldly values and the democracy rights the people will enjoy in a true democratic state that will ensure equality before the law. Democracy never tolerates discrimination against citizens, and enacts laws for mothers and children and employment.
Hence, I would like to suggest that the six points explained by the Work Committee Chairman should be adopted.
Genuine democracy endures freedom of speech, press, expression, procession, association, settlement in the State, property ownership and security of premises, etc. Thus, the five detailed basic principles explained by the Work Committee Chairman are appropriate to be adopted.
Democracy values human beings. In this regard, concerning slavery and forced labour, I would like to suggest that the following two detailed basic principles 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 interest of the State and the people”
My suggestions for the points concerning the religion is to adopt the following detailed basic principles for the constitution.
“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 recognizes the special position of Buddhism as the faith professed by the great majority of the citizens of the State
5. The State also recognizes 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.”
In practising democracy, every citizen shall, in accord with the law, have the right to freely develop literature, culture, arts, customs and traditions they love; every citizen, in accord with the education policy laid down by the State will be given basic education prescribed by the law as compulsory; the people will have the right to innovate and express conscience for the development of science, literature and arts, and freely do research on culture; and the nation will have to encourage and provide, based on qualifications for citizens outstanding in the education. Hence, in connection with the cultural and educational rights, I would like to present a suggestion that the three points explained by the Work Committee Chairman should be adopted.
Six points on protection of the State according to the Constitution explained by the Work Committee Chairman should be adopted
YANGON, 27 Jan—The following is a translation on the proposal of the delegate group of national races read out by Daw Khin Aye Maw at the plenary session of the National Convention held at Pyidaungsu Hall of Nyaunghnapin Camp in Hmawby Township, Yangon Division, yesterday regarding the detailed basic principles that should be adopted for the Chapter “Citizenship, Fundamental Rights and Duties of Citizens” and the Chapter “The Role of the Tatmadaw” to be included in the State Constitution.
The people are to elect representatives to Hluttaws who on behalf of the people will have to manage affairs The people also have the rights to be elected. Respective electorate shall have the right to revoke the duties of a Hluttaw member in accord with the law if he is found not dutiful. So, regarding the rights to elect and to be elected, the basic principles:
“1. 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;
2. Respective electorate shall have the right to revoke the duties of a Hluttaw member in accord with the law” should be adopted.
The economic system the nation will practise is the market-oriented economic system. The national economic development plays an important role in the drive for proper evolution of the market-oriented economic system. So, regarding the rights to do business freely, the basic principles:
“1. Every citizen shall have the right to freely do business 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. In doing businesses subject to the constitution and the existing laws, every citizen should be guaranteed the rights of property ownership, using assets, innovation, and copyright by the State” should be adopted.
An accused should be convicted of crime in accord with the law at the time of the commission of the offence, but he shall not be subjected to a penalty greater than that applicable. An accused shall have the right to make an argument against the charge. No citizen shall, except matters for security of the State, prevalence of law and order, and community peace and tranquillity, be placed in custody for more than 24 hours without the sanction of a competent judicial organ. So, regarding the rights of criminal laws, the four points explained by the Work Committee Chairman should be adopted as detailed basic principles.
Every citizen, at home or abroad, shall have the right to seek protection of the State.
Furthermore, if there are, of the rights prescribed in this chapter, 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 to be able to discharge their duties effectively with discipline.
So, the six points on protection of the State according to the Constitution explained by the Work Committee Chairman should be adopted.
The citizens shall have access to the fundamental rights and shall carry out their duties stated in the Constitution. The major duty of a citizen is to uphold Our Three Main National Causes for ensuring perpetual existence of the motherland. Besides, they are responsible to safeguard independence, sovereignty and territory of the Union , to fortify national solidarity of national races, to restore peace and stability, to participate in the drive for the emergence of a modern and developed nation, and to undergo military training to serve military services when necessary.
Regarding the matters on discharging military services, nation builder General Aung San delivered a speech at the constituent Hluttaw session on 16 June 1947.
Citizens are to pay taxes to be levied according to the law. I have learnt that a developed Asian nation earns 27 per cent of its GDP from taxes, and a developing Asian nation earns at least 7 per cent of its GDP. The tax collection rate of Myanmar is less than any other nations. I think our nation should rely on income from taxes for the development of various sectors.
So, regarding the fundamental rights, the principles:
“1. Every citizen is responsible to uphold:
(a) Non-disintegration of the Union
(b) Non-disintegration of national solidarity
(c) Perpetuation of sovereignty
2. Every citizen is responsible to abide by the provisions of the Constitution
3. Every citizen is responsible to safeguard independence, sovereignty, territory of the Union of Myanmar
4. Every citizen, equipped 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” should be adopted.
Regarding the word “State” in the Chapter “Citizenship, Fundamental Rights and Duties of Citizens, the principle:
“The word The State stipulated in this Chapter means a body that exercises legislative and executive powers according to this Constitution” should be adopted.
Obedience serves as system to control entire Tatmadaw
YANGON , 27 Jan — The following is a translation on the suggestions presented by Daw Tin Tin Ohn of Shan State of the delegate group of national races in connection with the chapter “The Role of the Tatmadaw” at the plenary session of the National Convention held yesterday.
Chairman of the National Convention Convening work Committee in his explanation said, “If there is a state, there must be an institution to defend it. And the institution is no 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 when the Tatmadaw is strong.”
Concerning the Tatmadaw’s strength, the national leader Bogyoke Aung San in his last address delivered on 16 June 1947 said that the present troops were not enough to defend the nation; that the infantry still had not considerable strength; that the nation had no tanks troops; that the national army could be defeated in a matter of hours by an enemy with strength to a certain degree. He also said that the Navy was just in name only; that the Air Force was just at its initial stage. In connection with the Air Force, he said that the nation needed at least 500 aircraft in the first of the line and that another 500 should be at the base ready to be sent to the front as reinforcements.
In his address delivered at the 59th Anniversary Armed Forces Day (2004), Commander-in-Chief of the Defence Services Senior General Than Shwe said, “We lost our independence because there was no modern Tatmadaw in the country. With the realization that the cause of independence could only be won through armed resistance, our efforts to form the Tatmadaw began in earnest.
“Looking back at the history of the Tatmadaw, you will see that the fascists and imperialists used every means at their disposal to break up the Tatmadaw whenever it regained strength. The obvious concern was that a strong Tatmadaw would make it impossible for them to influence and exploit the country at will.
“History has taught us that, in order to protect and safeguard our independence and sovereignty, which was regained at a great cost paid in blood, sweat and lives, it is imperative for the country to posses a modern Tatmadaw and for the Tatmadaw to be at one with the people.
“Only when a nation possesses a modern defence capability, will it be possible to ensure the full protection of its sovereignty. Thus, it can be seen that in every nation of the world, patriotic leaders and experts who hold sovereignty dear have the sense of responsibility to contribute to the strengthening and modernization of the Armed Forces.”
A study shows that a country’s scope of international relations is measured by her economic and military power. What we have already witnessed today is the military buildup in most of the nations including our neighbours that are strengthening the power of their own sole armed forces in addition to equipping their armed forces with sophisticated weapons. We also need a sole armed forces in our nation.
Israel is the model in safeguarding her independence because she permits no other armed organization than her armed forces. The fact supports the basic principle “the Tatmadaw is strong, modern and must be the sole existing Tatmadaw.”
In my opinion, in reference to the basic principle “the Tatmadaw is strong, modern and must be the sole existing Tatmadaw” already laid down by the National Convention, the detailed basic principle “The Tatmadaw is strong, modern and must be the sole existing brilliant and patriotic Tatmadaw” should be adopted.
A nation’s life rests on its own constitution. Because the constitution is the main stem of her law. Jeopardizing the constitution means endangering the sovereignty and security of the State. In other words, it is the most dangerous threat to the national security and sovereignty. The only institution that can effectively and swiftly ward off the threat is no other than the Tatmadaw. All the Army, Navy and Air Force should be under the command of the Commander-in-Chief of Defence Services.
As the Commander-in-Chief of Defence Services is the main person responsible for State security and defence, the detailed basic principle “As a reference in designating the official position of the Commander-in-Chief of Defence Services, the Commander-in-Chief of Defence Services is designated as Vice-President level” should be adopted.
The National Convention has already laid down the basic principle “The President is the Executive Head of State”. The authority to appoint the Commander-in-Chief of Defence Services should be vested in the President. In entrusting the President with the duty to do so, it will be more appropriate if the appointment is made after seeking the proposal and approval of the National Defence and Security Council rather than by the President alone.
Hence, the detailed basic principle “The President shall appoint the Commander-in-Chief of Defence Services with the proposal and recommendation of the National Defence and Security Council” should be adopted.
Our Tatmadaw is formed with 12 fine traditions and ten strengths. It is a consolidated institution that cannot be divided by any outside force.
Every commander has trained the troops under his command to be fully equipped with the 12 traditions and has striven to further enhance the fine traditions of the Tatmadaw.
Obedience serves as a system to control the entire Tatmadaw. Obedience has been an essential requirement since the formation of the Tatmadaw. Because of the Tatmadaw members total obedience to the commands, the Tatmadaw was able to regain independence and continue to safeguard the independence.
The nature of military duty to safeguard independence and sovereignty is a 24-hour service that requires launching of operations and missions and accomplishing them according to schedule or in time. The Tatmadaw will be able to dutifully perform its task only if it has the right to administer all affairs concerning the forces.
Source: http://mission.itu.ch/MISSIONS/Myanmar/n-convention/NC_2006%20Jan%2028.htm