PROCEEDINGS OF THE NATIONAL CONVENTION

28 January 2006

From The New Light of Myanmar 29 January 2006

Plenary Session of the National Convention continues.

Right of religious freedom should cover not only citizens but also foreign registration citizens

YANGON , 28 Jan — The following is a translation on the suggestions made by U Kyaw Tint of delegate group of peasants of Sagaing Division concerning the chapters “Citizenship, Fundamental Rights and Duties of Citizens” and “the Role of the Tatmadaw” at the plenary session of the National convention held yesterday.

The citizens will have to exercise their rights lawfully. As regards citizenship, naturalization and revocation of citizenship, the following basic principles should be adopted.
“(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 Chairman of the National Convention Convening Work Committee explained the true democracy rights including equality, liberty and justice, non-discrimination, election, race, religion and gender sectors. Concerning the equal rights of the citizens, paras 3 to 8 should be adopted as detailed basic principles.

We have found that the Work Committee made the explanations on the rights of the citizens after studying the constitutions of world nations and making due consideration of the historical events, political, economic and social sectors, State security, the rule of law, and prevalence of peace and stability of those nations. We on our part would like to suggest that the paras 9 to 13 should be adopted as detailed basic principles for the constitution.

Regarding enslavement and forced labour, the following points should be adopted as detailed basic principles.

“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”

The right of religious freedom should cover not only the citizens but also foreigners registration certificates. In connection with the right of religious freedom, with reference to the basic principles the National Convention has laid down, the points contained in the paras from 16 to 22 should be adopted as detailed basic principles.

As regards the education, every citizen should be given education in accord with the education policies. High literacy rate plays an important role in building a modern developed nation. It is an unforgettable lesson taken from the nation’s history that in the colonial days, some national farmers who did not enjoy the right to pursue education lost their farmland unjustly due to deception of unscrupulous persons. So, 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. However, a national race, in enjoying this right, will have to avoid any particular action in this respect which might adversely affect the literature, culture and arts of other national races. The State shall, in the education aspect, encourage and provide assistance for citizens outstanding in education irrespective of race, religion, and sex.

Hence, we are in favour of adopting the points contained in the paras from 23 to 25 in connection with educational rights.

The State will exercise the multi-party democracy system after the approval of the State Constitution. In a democratic nation, the State’s sovereignty resides in the people. Hluttaws at different levels have to be formed in accord with the provisions of the Constitution to carry out administrative affairs. After the terms of Hluttaws have been fixed, the people will have to elect Hluttaw members representing the people to carry out functions. The people also have the right to be elected in accord with the law. The people shall be given the right to revoke, in accord with the law, the duties of a representative they have elected if he is not dutiful.

As regards the rights to elect and to be elected, the points contained in the paras 26 and 27 should be adopted as detailed basic principles.

An adopted basic principle states that the State shall practise market economy. For the progress of the national economy, the following points should be adopted as detailed 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 law, every citizen should be guaranteed the rights of property ownership, using assets, innovation, and copyright by the State”

In connection with the rights in relation to criminal law, the following points should be adopted as detailed basic principles.

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

2. Except the matter for which a 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”

Vesting 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 writs. The power to issue writs shall not be suspended unless, in times of war, invasion, rebellion, insurrection or grave emergency, the public safety may so require. In carrying our 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.

As the Work Committee Chairman’s clarifications regarding the matter is comprehensive and clear, we are in support of adopting the points contained in the paras from 35 to 40.

Every citizen should enjoy the fundamental rights bestowed by the Constitution and dutifully carry out tasks that associate with the fundamental rights. Moreover, citizens are to pay taxes to be levied according to the law. As the points of paras from 41 to 47 explained by the Work Committee Chairman are appropriate, they should be adopted as detailed basic principles.

In addition, the point “The word the State stipulated in this Chapter means a body that exercises legislative and executive powers according to this Constitution” is suitable to be adopted as a detailed basic principle.

As all the 48 points explained by the Work Committee Chairman concerning the Citizenship, Rights and Duties of Citizens are found to be appropriate, they should be adopted as provisions for the constitution.

Mostly, State security and defence task involves secrets that need urgent action and swift accomplishment

YANGON , 28 Jan — The following is a translation on the suggestions made by U Aye Kyu of delegate group of peasants of Magway Division concerning the chapters “Citizenship, Fundamental Rights and Duties of Citizens” and “the Role of the Tatmadaw” at the plenary session of the National convention held yesterday.

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 if the Tatmadaw is strong.

The First Myanmar Empire of King Anawrahta of Bagan dynasty, the Second Myanmar Empire of King Bayintnaung Kyaw Htin Nawrahta of Toungoo dynasty and the Third Myanmar Empire of King Alaungphaya U Aung Zeya of Konboung dynasty bear witness to the progress and unity a powerful Tatmadaw can bring during times when the defence might was strong. On the other hand, Myanmar suffered from the loss of her independence and sovereignty after disintegration during the years 1824, 1852 and 1885 when Tatmadaw was weak.

A study shows that a country’s scope of international relations is measured by her economic and military power. Myanmar ’s history of multiparty system saw the formation of Pyusaw Htee troops in October 1955, the groups which instead of protecting the people were torturing them like utter gunmen misusing the firearms for themselves. As they became more terrible when the AFPFL split into two factions, they were dissolved on 1 September 1956. Thus, historical experiences stand witness to the fact that there must be only a single armed forces in the nation.

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. The only institution that can effectively and swiftly ward off the threat endangering Our Three Main National Causes is no other than the Tatmadaw.

Hence, the basic principle “The Tatmadaw is mainly responsible for safeguarding the State Constitution” should be transferred as a detailed basic principle to the sector of the role of the Tatmadaw and adopted.

Myanmar faced three aggressive wars of the colonialists in the 19th Century and fell under unjust subjugation. There are examples that some nations lost or are facing encroachment on sovereignty resulting from the disintegration of the national unity.

Concerning the duty to defend and safeguard Our Three Main National Causes, the basic principle “The Tatmadaw is mainly responsible for safeguarding non-disintegration of the Union , non-disintegration of national solidarity and perpetuation of sovereignty” should be transferred to the chapter of the role of the Tatmadaw as a detailed basic principle.

The Tatmadaw had to take the national political leading role and safeguard the nation in 1948 and 1949 during which the Union faced the danger of disintegration and losing sovereignty again due to multi-coloured insurgency that broke out resulting from the loss of national unity soon after regaining of independence. The Tatmadaw drove out over 12,000 Kuomintang troops who invaded the nation in 1953, and liberated the Kuomintang-occupied territories. And when the nation was going to fall apart after the AFPFL split into two factions in 1958, it was also the Tatmadaw that restored the nation as the Caretaker Government. In 1962, the Tatmadaw had to take over the State duties because of a grave situation arising from some loopholes of the 1947 Constitution that were driving the Union to disintegration. In 1988, the Tatmadaw had to discharge the historic duty of assuming the State responsibilities because of the unavoidable circumstances caused by anarchy that reigned the country and made public lives and property at risk without any security and the vulnerability of the nation’s sovereignty to alien encroachment.

Hence, detailed basic principle “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” should be adopted.

All the citizens have the duty to safeguard and defend the nation. Hence, I would like to give a suggestion that “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” should be adopted.

All the armed personnel should be responsible to the Commander-in-Chief of the Defence Services (the Tatmadaw). Only then, will they all be able to work under single command.

Concerning the command of the armed forces, I would like to suggest that the detailed basic principle “All the armed forces in the Union shall be under the command of the Tatmadaw” should be adopted. Moreover, the detailed basic principles “The Defence Services Commander-in-Chief is the Supreme Commander of all armed forces” and “As a reference in designating the official position of the Commander-in-Chief, the Commander-in-Chief is designated as Vice-President level” should be adopted.

As regards the appointment of the Commander-in-Chief of Defence Services, 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.

Mostly, State security and defence task involves secrets that need urgent action and swift accomplishment. Hence, the detailed basic principle “The Tatmadaw has the right to independently administer all affairs concerning the forces” should be adopted.

In the world nations military laws and rules and regulations are enacted. In our country military courts have been formed according to the Defence Services Act promulgated in 1959. Hence, the detailed basic principle “Military justice for members of the Tatmadaw may be administered according to law by a collective organ or by a judge” should be adopted. Moreover, the detailed basic principle “The decision of the Commander-in-Chief of the Defence Services is final and conclusive in military justice” should also be adopted.

As to provide care for families of fallen or disabled soldiers, the detailed basic principle “A Law shall be enacted to provide assistance and care for families of the disabled or fallen Tatmadaw members” should be adopted.

Concerning the disasters affecting the nation and the people, the detailed basic principle “The Tatmadaw shall render assistance to the people upon occurrence of a calamity in the Union that affects the nation and the people” should be adopted.

As the delegates of Peasant Group find the 48 detailed basic principles for the chapter “Citizenship, Fundamental Rights and Duties of Citizens” and 14 detailed basic principles of the chapter “the Role of the Tatmadaw” appropriate, they all are to be adopted. The group has no separate suggestions.

High literacy rate plays important role in building modern developed nation

YANGON , 28 JAN — The following is a translation on the suggestions presented by Daw Aye Aye Thaung of delegate group of workers of Ayeyawady Division at the plenary session of the National Convention held yesterday.

I am going to give suggestions on two points concerning the citizenship, six points regarding equality, five points on freedom, two points in connection with enslavement and forced labour, seven points on religious rights, three points on cultural and educational rights, two points in relation with election, three points regarding the economic rights, four points relating to criminal procedures, six points on protection of rights guaranteed by the constitution, seven points concerning the duties of citizens, and one point on the term the State.

The people need to understand and correctly exercise fundamental rights guaranteed by the constitution. Citizenship that is included in the fundamental rights should be adopted for the constitution. In this regard, the following detailed basic principles are suitable to be adopted.

“(1) All persons who have either one of the following requirements are citizens of the Union of Myanmar —

(a) All persons born of parents both of whom are nationals of the Union of Myanmar

(b) Persons who are vested with citizenship according to existing laws on the date this Constitution comes into force”

(2) Citizenship, naturalization and revocation of citizenship shall be prescribed by the law”

Regarding the right of equality and the right of freedom, the National Convention has laid down a basic principle “Every citizen shall enjoy the rights of equality, rights of liberty, and rights of justice etc. as prescribed in the State Constitution.”

Equality before the law, non-discrimination of gender, race, religion, status, culture are included in the rights of citizens. Women shall be entitled to the same rights and salaries as that received by men in respect of similar work. However, nothing in the law shall prevent appointment of men to the positions that are naturally suitable for men only.

So, in connection with ensuring equality among citizens, seven points explained by the Chairman of National Convention Convening Work Committee should be adopted as detailed basic principles.

Our nation is going to exercise genuine multi-party democracy system through a new enduring Constitution. In the process, it is found that among the democratic practices are freedom of speech, press, assembly, procession, association, settlement in the State, property ownership and security of premises, etc. As the five points concerning the given matter are based on historical events, political, economic and social sectors, State security, the rule of law and community peace, they should be adopted as detailed basic principles.

In practising democracy, man is of most fundamental factor. It opposes enslaving of human and trafficking in persons that were common in ancient times of the world. The constitutions of many nations oppose forced labour, except hard labour for those who are sentenced to prison terms according to law, and the State's assigning duties in accord with the law in the interests of the State and the people. In the 1947 Constitution of our nation were some provisions that prohibited such unjust matters. Thus the two points concerning enslavement and forced labour should be adopted as detailed basic principles.

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. But 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 incite feelings of enmity, conflicts and disagreements between racial or religious communities or sects. According the seven points explained by the Work Committee Chairman, religious freedom should not include any economic, financial, political or other secular activities that may be associated with religious practice; the freedom so guaranteed should not debar the State from enacting laws for the purpose of social welfare and reform; the State recognizes the special position of Buddhism as the faith professed by the great majority of the citizens of the State; the State also recognizes Islam, Christianity, Hinduism and Animism as some religions existing in the Union. Thus, they should be adopted as detailed basic principles for the constitution.

More than one hundred national races live in our nation. Some customs, culture and arts of the national races are similar and some are not. The majority of the national races use Myanmar language and literature, and some national races have their own languages and literature. So, national races should have the right to freely develop their own literature, culture and traditions.

High literacy rate plays an important role in building a modern developed nation. The State shall, in the education aspect, encourage and provide assistance for citizens outstanding in education.

As regards the educational rights, the three points explained by the Work Committee Chairman should be adopted.

As the two points relating to election says, “Subject to this Constitution and relevant laws, every citizen shall have the right to elect and to be elected to the Pyithu Hluttaw, the Amyotha Hluttaw, the Region or State Hluttaw” and “Respective electorate shall have the right to revoke the duties of a Hluttaw member in accord with the law”, they are appropriate to be adopted as detailed basic principles.

National economic development plays a major role in the drive for proper evolution of the market-oriented economic system. To ensure national economic development, citizens should have the right to freely do businesses in accord with the law. Moreover, the State should give guarantee to the citizens in doing businesses subject to the law, the citizens should be guaranteed property ownership, rights to use assets and to innovate. Thus, the two points in connection with economy should be adopted as detailed basic principles.

The four points which say, “An accused should be convicted of crime in accord with the law at the time of the commission of the offence, nor shall he be subjected to a penalty greater than that applicable”; “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”; “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” should be adopted as detailed basic principles for the constitution.

The six points concerning the Supreme Court, the issuance of writs, protection of citizens at home and abroad, restriction and revocation of the rights and powers vested in the members who are discharging national defence duties, or duties for prevalence of law and order and State security, and so on are appropriate to be adopted as detailed basic principles.

We also agree that the seven points that deal with the responsibilities of the citizens to uphold Our Three Main National Causes, abide by the provisions of the Constitution, safeguard independence, sovereignty, territory of the Union of Myanmar, enhance unity among national races, build a modern developed nation, undergo military training in accord with the provisions of the law and to serve in the armed forces to defend the State, and pay taxes should be laid down as detailed basic principles.

The point “The word the State stipulated in this Chapter means a body that exercises legislative and executive powers according to this Constitution” should be adopted as a detailed basic principle.

The delegate group of workers supports that all the 48 points of the chapter should be adopted as detailed basic principles.

Source: http://mission.itu.ch/MISSIONS/Myanmar/n-convention/NC_2006%20Jan%2029.htm