From The New Light of Myanmar 30 January 2006
Plenary Session of the National Convention continues.
Occupying strategic position Myanmar has to take great care in laying down policies on national defence, security and military affairs
YANGON, 29 Jan—The following is a translation on the proposal of the delegate group of workers read out by U Kyaw Hlaing of Taninthayi Division at the plenary session of the National Convention held at Pyidaungsu Hall of Nyaunghnapin Camp in Hmawby Township, Yangon Division, on 27 January 2006 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.
At the plenary session of the National Convention held on 10 January this year, the Work Committee Chairman explained the detailed basic principles for the Chapter “The Role of the Tatmadaw” to be included in the State Constitution. We paid a special attention to his clarifications as the chapter is very important not only for the people of the present nation but also those of the future State. We members are unanimous in these detailed principles.
The Constitution is indeed the lifeblood of a nation as well as the soul of the people. Each and every point and chapter of the constitution is as important as limbs of a person’s body.
If all the points and chapters of the Constitution of a nation are in conformity with the background history of the nation, and in harmony with ever-changing developments, and international and regional conditions, fulfil wishes of the national people and create the good opportunities for future generations, such a nation will be able to resist any forms of instigations, destructive act, and intervention of other nations.
Since yore, Myanmar has stood tall as an independent sovereign nation with own monarchs among the world nations.
But, Myanmar fell under the yoke of slavery following the three aggressive wars waged by the British colonialists in the 19th Century. It was in fact due to general backwardness of the nation. We Myanmar people took a historic lesson that Myanmar lacked a strong and well-trained Tatmadaw.
According to the unforgettable lesson, we are well convinced of the fact that our nation must have a strong and efficient Tatmadaw lest we may lose sovereignty and independence again and ensure national solidarity.
So, the basic principle “The Tatmadaw is strong, modern and must be the sole existing Tatmadaw” should be adopted.
The State Constitution is the major law of a nation. It is also said to be the Charter between the government and the people. The State Constitution comprises a detailed basic principle stating the national duty for the entire national people to uphold Our Three Main National Causes namely non-disintegration of the Union , non-integration of national solidarity, and perpetuation of sovereignty.
Every citizen should be convinced that harming the constitution means the jeopardizing of the interests of the State and the people, and security and sovereignty of the State. The force capable of crushing dangers of the mother country is the Tatmadaw only.
So, the basic principle “The Tatmadaw is mainly responsible for safeguarding the State Constitution” should be adopted.
Our Three Main National Causes is national conviction, national concept, national objectives that the entire national people are to uphold practically. It is the inborn duty of every citizen.
We have heard and learnt that some strong Union nations collapsed in a short period with loss of a huge number of lives and a great deal of property of their citizens along with cultural heritage.
At the graduation parade of the first batch of the Defence Services Technological Academy in 1999, Chairman of the State Peace and Development Council Commander-in-Chief of Defence Services Senior General Than Shwe in his speech said that national solidarity is a must to ensure non-disintegration of the Union . Non-disintegration of the Unionis possible only when sovereignty is ensured. So, these two factors are interrelated with each other. What is the most important is national unity.
It is the duty of all citizens to protect and safeguard the motherland from losing sovereignty and independence.
So, the detailed basic principle the National Convention has laid down “The Tatmadaw is mainly responsible for safeguarding non-disintegration of the Union , non-disintegration of national solidarity and perpetuation of sovereignty” should be adopted.
The Union of Myanmar is a nation where various national races have been living in amity and unity, sharing joys and sorrows keeping eggs and nest intact. Now is most common that certain nations anxious to put our nation under their domination are wedging a drive among the national brethren to sow doubts, discord, and misunderstanding.
Generally, the international relations in the 21st Century is too broad and delicate to realize.
Our nation is located between the Indian Ocean and the Pacific Ocean , the southeast Asia, and westernmost of Indochina Peninsular. Our nation occupies strategic position in the economically and militarily so it draws the attention of many self-seeker nations. So, its geographical strengths and policies must be implemented correctly with great care.
The total length of our nation’s borderlines with five neighbouring countries is 3,906 miles. Its coastal line from the mouth of the Naff River to Kawthoung is 1,385 miles long. Myanmar ’s waters is adjacent to the Indian Ocean .
Myanmar can make contacts with the regions in the west Asia , in the east Asia and in the southeast Asia by land. The topography of Myanmar occupies such a strategic position that our nation has to take great care in laying down policies on national defence, security and military affairs. Today, science and technology have been making dramatic progress.
In the international relations, policies are laid down based on economic development and military power. We have noticed that centering on own interests, many nations are dealing with their economic and military allies to strengthen their military power in the international field through diplomatic and economic ways.
Hand in hand with the people, the Tatmadaw played the leading role in the independence struggle in 1948. The Tatmadaw saved the nation that was on the verge of abyss of multi-coloured insurgency that took place at the alien instigation. At risk to many lives of its members, the Tatmadaw repulsed the nationalist Chinese (Kuomintang) troops that intruded into the nation in 1953. These historic evidences bore witness to the brilliant performance of national political duties by the Tatmadaw.
In 1958, the ruling political party split into two groups that fanned the flames of the internal conflicts. The then ruling party was in no position to control the incidents. So, in the end it had to have the Tatmadaw to form the Caretaker Government and to carry out tasks for community peace, prevalence of law and order, and holding just and fair elections.
In 1961, the Union was on the verge of collapse due to the loopholes of the 1947 Constitution. The historic evidences have showed that external elements instigated many problems in the internal affairs to create secession from the Union . All the internal affairs then were beyond control. So, the Tatmadaw had to take over State power in 1962 and protected the motherland from forthcoming dangers.
The 1988 unrest was the worst of its kind in Myanmar history. Anarchy reigned supreme across the nation. To make matters worse, the unrest was followed by alien instigation and intervention and blatant alien intrusion into the nation. So, the Tatmadaw stood by the public facing a variety of adversities and difficulties.
Now, day in, day out, the Tatmadaw has been taking measures for democratic transition aspired by the people, proper evolution of the market-oriented economic system, and building infrastructures for the well-being of the people.
According to the fine tradition that the Tatmadaw has stood by the people in times of emergency. So, I would like to suggest the 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.
As soldiers are born of the people, they have to ensure public security and serve public interest
YANGON, 29 Jan — The following is a translation on the suggestions presented by U Kyaw Mya Aung of Yangon Division in connection with "the Citizenship, Fundamental Rights and Duties of the Citizens and the Role of the Tatmadaw" at the plenary session of the National Convention held on 27-1-2006.
The strength of the people is the Tatmadaw and the strength of the Tatmadaw is the people. The Tatmadaw and the people must be unite with the sense of oneness. During the whole stretch of independence struggle, the Tatmadaw hand in hand with the people was able to win every battle. It brilliantly guarded against all the dangers from inside and outside enlisting the strength of the people. Therefore, any attempts to encroach upon the country failed. The State has now developed in such a short period due to the people's active participation in the drive for ensuring peace and stability and economic development. However, it is known to all that internal and external destructive elements and neo-colonialists are attempting to weaken the strength of the Tatmadaw and sow discord between the Tatmadaw and the people. And they will continue such to commit such acts.
In fact, the Tatmadaw is formed with the off spring of the people. It is well-disciplined and well-trained. In other words, the Tatmadaw is the national force that has always stood by the State and the people in times of emergency. This is why a detailed basic principle that prescribes “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 formulated with Tatmadaw’s leadership” should be adopted.
Our Three Main National Causes — non-disintegration of the Union , non-disintegration of national solidarity and perpetuation of sovereignty is the national duty of each and every citizen. It is their inborn duty as well. The Tatmadaw is responsible for guarding against any dangers that harm Our Three Main National Causes. It must have strong defence power to serve the interest of the people by warding off any dangers. It must be also a modern, developed one. So, all army, navy and air force of the Tatmadaw must be under single command. Besides, all forces that are allowed to be armed as a nature of work or by the State as necessary must be under single command. All armed forces must be under the command of the Defence Services Commander-in-Chief. So, I would like to suggest that the detailed basic principles that state “All the armed forces in the Union shall be under the command of the Tatmadaw” and “The Defence Services Commander-in-Chief is the Supreme Commander of all armed forces” are appropriate to be adopted.
The Defence Services Commander-in-Chief is mainly responsible not only for State defence and security but also for taking charge of all armed forces in the Union . Hence, the detailed basic principle “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 laid down.
The appointment of Commander-in-Chief of Defence Services is very important for the State as he will have to present the list of Tatmadaw personnel nominated for the respective hluttaws as members and for appointments at defence and security institutions and Home Affairs Ministry and Border Affairs Ministry. Provisions should be clear in order that there are not to be any disagreement and confusion later.
If the power to appoint the Commander-in-Chief of Defence Services is vested in the President, the Executive Head of State, alone, there cannot be a perfect outlook. 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, concerning 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 laid down.
Myanma Tatmadaw was born with patriotic spirit during anti-colonialist movements and independence struggles. Since its birth, the Tatmadaw has been discharging State defence and security duties and warding off all dangers.
The Tatmadaw has been able to preserve and follow its 12 noble traditions, and run its staff, adjutant and quartermaster affairs through proper channels and links and has been also a disciplined institution endowed with 10 strengths.
The Tatmadaw will be able to dutifully perform its task only if it has the right to administer all affairs concerning the forces.
This is why the basic principle “The Tatmadaw has the right to independently administer all affairs concerning the forces” should be adopted as a detailed basic principle to the chapter of the role of the Tatmadaw.
As the Tatmadaw is the armed forces, there should be the discipline enforcement through a special law in addition to the civil rules and regulations. The discipline enforcement is also being carried out in other countries. Discipline is the pillar of the Tatmadaw. Discipline enforcement and current military requirements are the significant condition of armed forces.
In this regard, 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” is appropriate to be laid down.
Moreover, the Commander-in-Chief of the Defence Services will have to issue orders and directive as may be deemed necessary for further enforcing discipline. Therefore, I would like to suggest that in connection with the final decision for military justice, the detailed basic principle “The decision of the Commander-in-Chief of the Defence Services is final and conclusive in military justice” should be laid down.
As soon as the citizens become the Tatmadaw members, they are to take the four oaths. They are to serve the interest of the nation and people at the risk of their lives. It is fair to say that the State has the duty to take care of the families of the Tatmadaw members who have been disabled or who died in the battles.
Here, I would like to suggest the detailed basic principle “A Law shall be enacted to provide assistance and care for families of the disabled or fallen Tatmadaw members” be laid down.
The Tatmadaw is an organization that has always served the interest of the people. There may occur emergency times affecting public lives and State security and natural disasters such as floods, storms and fires. If so, the Tatmadaw must have the right to participate in the work for humanitarian aids.
As the soldiers are born of the people, it has the duty to ensure public security and serve the public interest when dangers fall.
Thus, 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 laid down.
In conclusion, on behalf of the delegate group of workers, I would like to suggest that the 14 points concerning the role of the Tatmadaw be laid down as detailed basic principles as they enable the Tatmadaw to always serve the interest of the State and the people.
48 detailed basic principles and 29 paras should be adopted
YANGON, 29 Jan—The following is a translation of the proposal on the delegate group of intellectuals and intelligentsia read out by Composer Hinthada U Myint Ngwe at the plenary session of the National Convention held at Pyidaungsu Hall of Nyaunghnapin Camp in Hmawby Township, Yangon Division, on 27 January 2006 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.
In Myanmar , there is a tradition that citizens enjoy fundamental rights. All the constitutions of Myanmar comprise the chapter of fundamental rights.
Of the 104 basic principles that were laid down at the plenary session of the National Convention held on 16 September 1993, nine basic principles concern citizenship, fundamental rights and duties of citizens. They will be adopted as detailed basic principles. At the plenary session of the National Convention held on 10 January this year, the Chairman of the Work Committee explained matters on basic principles for the Chapter “Citizenship, Fundamental Rights and Duties of Citizens”.
We members of the delegate group of intellectuals and intelligentsia made a comparative study on 20 sections and 22 paras of Chapter II on fundamental rights stipulated in the 1947 Constitution, 28 articles and 41 paras of Chapter XI on fundamental rights and duties of citizens, nine basic principles on citizenship, fundamental rights and duties of citizens laid down at the plenary session of the National Convention on 16 September 1993, 48 basic principles and 29 paras explained by the Work Committee Chairman at the plenary session of the NC on 10-1-2006. Then, we found that 48 basic principles and 29 paras are in conformity and harmonious with prevailing conditions of the nation.
Those who are entitled to enjoy fundamental rights of citizens shall be the citizens. So, a basic principle is to be adopted to identify requirements to be citizenship. In his explanation about the para (1) and (2), the Work Committee Chairman explained that “all persons born of parents both of whom are nationals are citizens; all persons who have become citizens in accord with law on the date the State Constitution comes into force are citizens; and citizenship, naturalization and revocation of citizenship shall be as prescribed by law. So, these paras should be adopted.
The six objectives of the National Convention became six of the 104 principles laid down on 16-9-1993. The explanation of the Work Committee Chairman from para 3 to 16 represents equality among citizens. Para (3) says the State shall enable any citizen to enjoy equal rights before the law and shall equally provide legal protection, and para (4) says the State shall not discriminate against or in favour of any citizen based on race, birth, religion, official position, status, culture, sex and wealth.
Para (5) states equal rights of civil service, occupation, trade, business, technical know-how and vocation, and science and technology. Para (6) states Women shall be entitled to the same rights and salaries as that received by men in respect of similar work.
Para (7) says that mothers, children and expectant women shall enjoy rights as prescribed by law. Para (8) represents no discrimination against or in favour of any citizens with qualifications set for positions or duties based on race, birth, region, and sex, but with the exception of appointment of men to the positions that are naturally suitable for men only. Para (9) says nothing shall, except in accord with existing laws, be detrimental to the lives and personal freedom of any citizens.
Para (10) states liberty in the exercise of the rights. Subject to the laws enacted for State security, prevalence of law and order, community peace and tranquillity or public order and morality, any citizen shall have the rights to express freely their convictions and opinions, to assemble peacefully without arms and the right of procession, to form associations and unions, to develop their language, literature, culture they cherish, religion they profess, and customs. Para Nos 11, 12, and 13 state the right to settle and reside in any place within the Union according to the law, protection of every citizen's movable and immovable property, and premises, correspondence and other communications subject to the provisions of this Constitution.
Para (14) prohibits enslavement of man and trafficking in persons, and para (15), forced labour. Para (16) guarantees freedom of faith. Para (17) warns that religious affairs shall not be associated with economic, financial, foreign affairs and other secular affairs.
Paras from 19 to 22 it state Buddhism, the faith professed by the great majority of the citizens of the nation; recognition of Islam, Christianity, Hinduism and Animism, State’s assistance to recognized religions, and prohibiting of abuse of religion as political purposes.
Paras 23, 24 and 25 state the right of the citizens to develop their language, literature and culture subject to national solidarity, the right to education, the rights of free compulsory education, the right to pursue science and to carry out innovation in literature and arts, and rights to award outstanding citizens.
Paras 26 and 27 state the rights to elect, to be elected, and the right of recall.
Even citizen should be given the right to do businesses freely for national development, and to be provided with technology, investments, industrial products, and raw materials. Such rights are stipulated in paras 28 and 29. The State guarantees the rights of privacy of property, using assets, innovation, and copyright in para 30.
Detailed basic principles in connection with State security, prevalence of law and order, and community peace and stability are enumerated in paras from 34 to 37.
Para 38 states the right to seek protection of the State. Para 39 concerns the right to enforce remedies. Para 40 states that 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.
Para 41 states the duty of every citizen to uphold Our Three Main National Causes, para 42, the duty to safeguard independence, sovereignty and territory, para 44, the duty to strive for national solidarity based on Union Spirit, and community peace, and para 45 the duty to strive for emergence of a modern developed nation, para 46, to undergo military training and to discharge military services, and para 47 the duty to pay taxes levied according to the laws.
In para 48, the
word “The State” is defined. And the State is meant a
body that exercises the power to promulgate laws and executive power
according to the Constitution.
We would like to suggest that the
phrase stipulated in para 5 “science and technology”
should be replaced with the phrase “arts and science and
technology”; the phrase in para 6 “Women shall be
entitled to the same rights and salaries as that received by men in
respect of similar work”, with the phrase “Women shall be
entitled to the same rights and salaries as men enjoy in respect of
similar work. The word order of the definition of the phrase in para
34 should be changed to be correct. We are in full support of para 46
“Every citizen is responsible for undergoing military training
in accord with the provisions of the law and to serve in the armed
forces to defend the State”. Regarding the rights to which
citizens shall have access, a basic principle “the State shall
take care of elderly persons” should be practised.
In many nations, respective governments and other organizations provide assistance for senior citizens. So, such a basic principle should be adopted in the nation.
In accordance with the four social objectives, only healthy and fit citizens can carry out tasks for national development. So, through a basic principle, the State should provide primary health care for every citizen.
In conclusion, I would like to suggest the 48 detailed basic principles and 29 paras should be adopted.
Tatmadaw has right to independently administer all affairs concerning the force
YANGON , 29 Jan — The following is a translation of the suggestions presented by Rector of Mawlamyine University U San Tint of the delegate group of intellectuals and intelligentsia at the plenary session of the National Convention held on 27 January.
The formation of the Tatmadaw is to safeguard the nation against exploitation, manipulation and invasion of aliens. The Tatmadaw has been able to safeguard the national interest while placing in the fore Our Three Main National Causes.
In his address delivered at the 60th Anniversary of the Armed Forces Day held on 27 March 2005, Commander-in-Chief of the Defence Services Senior General Than Shwe gave guidance on the development of the State defence power, saying, “To be able to totally safeguard our country that is enjoying progress, we will have to raise our defence might by building a stronger and qualified modern Tatmadaw while inheriting the fine traditions of the brilliant soldiers of the Tatmadaw founded by our Great Kings Anawrahta, Bayintnaung and Alaungphaya U Aung Zeya.”
The point “The Tatmadaw is strong, modern and must be the sole existing brilliant and patriotic Tatmadaw” is in accord with the guidance of the Senior General.
The para 3 “The Tatmadaw is mainly responsible for safeguarding non-disintegration of the Union , non-disintegration of national solidarity and perpetuation of sovereignty”, the para 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”, the para 6 “All the armed forces in the Union shall be under the command of the Tatmadaw”, and the para 7 “The Defence Services Commander-in-Chief is the Supreme Commander of all armed forces” should be adopted as detailed basic principles for the constitution.
The para 2 says, “The Tatmadaw is mainly responsible for safeguarding the State Constitution”. The constitution is the lifeblood of a nation. Its weaknesses and loopholes may bring adverse changes to the nation. 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 Tatmadaw has the duty to safeguard both Our Three Main National Causes and the constitution. Thus, the para 2 should be adopted as a detailed basic principle of the chapter “the Role of the Tatmadaw.”
The para 5 says, “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.” The people had also taken part in the struggles to regain independence. They also took part in the battles to crush internal and external enemies. They will have to take part together with the Tatmadaw in safeguarding independence and sovereignty in the future also. As a point “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” should be adopted in the chapter “Citizenship, Fundamental Rights and Duties of Citizens”, the para 5 should be adopted as a detailed basic principle of the chapter “the role of the Tatmadaw.”
The clarifications made by the Chairman of the National Convention Convening Work Committee include the para 8 “As a reference in designating the official position of the Commander-in-Chief, the Commander-in-Chief is designate as Vice-President level” the para 9. “The President shall appoint the Commander-in-Chief of Defence Services with the proposal and recommendation of the National Defence and Security Council” and the para 10 “The Tatmadaw has the right to independently administer all affairs concerning the forces”. As the Commander-in-Chief is the main person responsible for State security and defence, he has to command all the armed forces formed according to the law. Hence, the official position of the Commander-in-Chief is designated as Vice-President level. It is appropriate for President to appoint the Commander-in-Chief of Defence Services with the proposal and recommendation of the National Defence and Security Council. 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. Thus, the Tatmadaw should have the right.
Members of the Tatmadaw are to follow the military law and rules in addition to the civil law. In this regard, the Military Acts exclusively for soldiers are enacted in global countries. In our country military courts have been formed according to the Defence Services Act promulgated in 1959. The Commander-in-Chief of the Defence Services will have to issue orders and directives as may be necessary for further enforcing discipline. Hence, the para 11 “Military justice for members of the Tatmadaw may be administered according to law by a collective organ or by a judge” and the para 12 “The decision of the Commander-in-Chief of the Defence Services is final and conclusive in military justice” should be adopted as detailed basic principles.
As the Tatmadaw members are the soldiers who have already taken the four oaths they are serving the interest of the nation and people at the risk of their lives. The State has the duty to take care of the families of the Tatmadaw members who have been disabled or who fall in the battles. I would like to suggest that the point “A Law shall be enacted to provide assistance and care for families of the disabled or fallen Tatmadaw members” should be adopted as a detailed basic principle.
Concerning the disasters affecting the nation and the people, the point “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 laid down as a detailed basic principle.
As the 14 points explained by the Work Committee Chairman are essential for the Tatmadaw to discharge all its duties well, the delegate group of intellectuals and intelligentsia agree that they should be adopted as the detailed basic principles for the constitution.
Source: http://mission.itu.ch/MISSIONS/Myanmar/n-convention/NC_2006%20Jan%2030.htm