PROCEEDINGS OF THE NATIONAL CONVENTION

30 January 2006

From The New Light of Myanmar 31 January 2006

Plenary Session of the National Convention continues.

Delegate Groups of State Service Personnel,  Other Invited Persons present suggestions on detailed basic principles to be laid down  for the Chapters on Citizenship, Fundamental Rights and Duties of Citizens and the Role of the Tatmadaw

YANGON, 30 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, Tanin-thayi, 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, Tanin-thayi, 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, Tanin-thayi, Bago, Magway, Mandalay, Yangon and Ayeyawady Divisions, delegates of State service personnel from the State Peace and Development Council Office, the President’s Office, the Pyithu Hluttaw Office, the Government Office, the Supreme Court, the Attorney-General’s Office, the Auditor-General’s Office, the Multi-party Democracy General Election Commission Office, the Office of Civil Service Selection and Training Board, the Yangon City Development Committee, the Mandalay City Development Committee, and ministries concerned, other invited delegates, delegates of national race groups that have returned to the legal fold and exchanged arms for peace.

Before the Plenary Session of the National Convention at 7.30 am, Chairman of the NCCC Secretary-1 Lt-Gen Thein Sein and Commission members, NCC Work Committee Chairman Chief Justice U Aung Toe and Work Committee members, NCC Management Committee Chairman Auditor-General Maj-Gen Lun Maung and Management Committee members, chairmen of sub-committees, officials, delegates of political parties, representatives-elect, delegates of national races, delegates of peasants, delegates of workers, delegates of intellectuals and intelligentsia, delegates of State service personnel, and other invited delegates signed in the attendance books at the Pyidaungsu Hall and recreation hall for the delegates.

Member of National Convention Convening Work Committee Dr Paik Tin presided over the Plenary Session of the National Convention together with 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 Intellectual and Intelligentsia and U Hla Tin of Delegate Group of State Service Personnel and U Paw Laik Kham of Other Invited Persons.

Director (Meeting) U Than Aung of the National Convention Convening Work Committee Office acted as Master of Ceremonies and Deputy Director U Aung Kyi as co-master of ceremonies. The MC announced the validity of the meeting as 1,069 delegates out of 1,079 were present, accounting for 99.07 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 Khin Maung Kyi of the Ministry of Education presented the proposals of Delegate Group of State Service Personnel.

(The presentation is reported separately.)

Next, U Myint Tun of the Ministry of Social Welfare, Relief and Resettlement presented the proposals.

(The presentation is reported separately.)

Afterwards, Daw Nyunt Nyunt Shwe of the Ministry of National Planning and Economic Development presented proposals.

(The presentation is reported separately.)

The plenary session took a break.

When the plenary session resumed, U Sao Kai Hpa of Other Invited Persons presented proposals of Delegate Group of Other Invited Persons.

(The presentation is reported separately.)

Next, U Mann Aung Tin Myint of Haungtharaw special region presented the proposals.

(The presentation is reported separately.)

The Plenary Session of the National Convention adjourned at 11.30 am.

The Plenary Session of the National Convention continues tomorrow.

Citizens have to be loyal to the State, and in return the State has to care them

YANGON, 30 Jan—The following is a translation of the proposal of the delegate group of other invited persons read out by U Sao Kai Hpa of Shan State (North) Special Region (3) at the plenary session of the National Convention held at Pyidaungsu Hall of Nyaunghnapin Camp in Hmawby Township, Yangon Division, on 30 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.

We reconstituted our paper compiling group into a 25-member team including members of the delegate group of other invited persons. We held open and frank discussions three times and explained matters to 89 representatives for their approval. I would like to present the points we have agreed.

At the plenary session of the National Convention held on 10 January this year, the Chairman of the National Convention Convening Work Committee explained 48 points regarding the detailed basic principles that should be adopted for the Chapter “Citizenship, Fundamental Rights and Duties of Citizens”.

The points are the requirements to obtain citizenship, and fundamental rights and duties of citizens according to the Constitution.

Throughout the nation’s history, more than 100 national races have been living in unity keeping eggs and nest intact. All the national races shall have the rights to be granted citizenship in accordance with the law.

The rights to be granted citizenship is very important for Myanmar because it shares borders with two most populous neighbours. Being citizenship is a basic foundation necessary for democracy policy.

Citizenship designates other rights, responsibilities, privileges and duties that people holding foreign registration certificated and foreigners are not entitled to enjoy. In offering jobs, government offices are open to every citizen. Citizens have the rights to apply for the posts advertised by government departments, and they have the right to elect and to be elected at the elections.

Citizens also have the duty to take part in national defence duties. They have to be loyal to the State, and in return the State has to care them. Such interrelations are recognized by national laws and international laws.

According to the basic principles the National Convention has adopted, all the national brethren have the rights to be citizen. So, these principles should be adopted.

The NC has adopted the detailed basic principles on equality of rights, equality of freedom, and the rights of justice for every citizen. Regarding equality of rights for every citizen, the Work Committee Chairman also has explained the six basic principles from No 3 to No 8 and sought opinions of those present for approval.

With respect to equality of rights, matters on equality before the law, rights of citizens, and equality of action, and rights of women and children were explained in detail. They are indeed genunie democratic rights.

So, I would like to suggest that these six principles should be adopted.

In democratic nations, every citizen has the right to express freely their convictions and opinions, the right to assemble, the right of procession, the right to settle and reside in any place within the Union , the right to acquire property, and the right of protection of premises and security of home.

According to the constitution, all the national people will enjoy rights of democracy equally. So, regarding the rights of freedom, the detailed basic principles from No 9 to No 13 should be adopted.

The Work Committee Chairman also explained matters on prohibition of enslavement of man, trafficking in persons, and forced labour. Democratic nations value man and human rights.

Therefore, points Nos 14 and 15 that say “The State prohibits enslaving of man and trafficking in persons”, and “The State prohibits any form of forced labour except hard labour as a punishment for crime convicted and duties assigned thereupon by the State in accord with the law for public interests” should be adopted.

Citizens in the nation have the right to profess any religions of their choice such as Christianity, Islam, Hinduism and Animism. Here, religious freedom should not be associated with politics, social affairs and other secular affairs in the interests of the people. There should be a principle to prohibit the misuse of religion for political purposes and any act which is intended or is likely to incite the feelings of hatred, enmity or discord between racial or religious communities or sects.

The plenary session of the National Convention held on 16 September 1993 laid down 104 basic principles, and one of them concerns religious freedom.

Thus, the seven points from No 16 to No 22 should be adopted.

Some characteristics of the customs and traditions of the national races are similar in essence, and some are different from one another. So, ethnic groups should have the rights to freely develop their literature, culture and arts. The system of compulsory basic education for all citizens should be practised to promote cultural and education standards of national races. National races should have the rights to develop literature and arts, to explore science and technology, and to freely express cultural matters. And outstanding citizens should be awarded.

Thus, the points Nos 23, 24 and 25 that concern cultural and education rights should be adopted.

As the Constitution will build a discipline-flourishing democratic nation, the holding of election, a symbol of democracy, is important. There will be the Pyithu Hluttaw, the Amyotha Hluttaw and Region or State Hluttaw with Hluttaw members elected by the people. Every citizen, if he has all qualifications, shall have the right to be elected to Hluttaws.

Respective electorate shall have the right of recall if the Hluttaw members they have elected fail to do their duty.

So, among the points the WC Chairman discussed, points Nos 26 and 27 concerning rights to election should be adopted.

The future State will practise the market-oriented economic system. In this regard, every citizen shall have the right to do businesses freely in accordance with the system. The State should provide national entrepreneurs with technical know-how, machinery, and raw materials. The State should also guarantee citizens the rights of privacy of property, using assets, innovation, and copyright in doing businesses without prejudice to the law.

Therefore, the points Nos 28, 29 and 30 should be adopted.

In respect of the rights to criminal laws, the Work Committee Chairman explained judgments to be handed down in accordance with the law, the right of defence against the charge, holding no citizen under detention for more than 24 hours without the remand of a competent magistrate. These points should be adopted.

Every citizen has the right to apply to the Supreme Court of the Union through appropriate proceedings for the obtainment of the rights guaranteed under this chapter. The right to issue writs is vested in the Supreme Court of the Union .

A basic principle says Union comprises a Supreme Court. The Union Supreme Court is the highest court of the Union . The Union Supreme Court is vested with the right to issue writs.

The points from No 35 to 40 concern the right to apply to the Supreme Court for the obtainment of the rights, the power to issue writs, the right to seek a right in times of an extraordinary situation, to seek protection of the State, the right to enforce remedies for loss and damages, and restriction and abrogation through enactment of necessary law. I would like to suggest they should be adopted.

Every citizen shall have the right to enjoy fundamental rights and shall discharge duties conscientiously. Every citizen is responsible for upholding non-disintegration of the Union , non-disintegration of national solidarity, and perpetuation of sovereignty. Moreover, citizens shall have to safeguard State’s independence, sovereignty, territory, to enhance national solidarity, to strive for community peace and stability, and emergence of a modern developed nation, to undergo military training in accord with laws so as to serve in the armed forces to defend the State, and to pay taxes levied according to the laws.
The points from No 41 to 47 that concern duties of citizens should be adopted.

The term “The State” is stipulated in the Chapter “Citizenship, Fundamental Rights and Duties of Citizens”. It is required that in a constitution, every point is enumerated specifically.

Thus, the point No 48 “The State” means a body that exercises legislative and executive powers according to this Constitution should be adopted.

The rights of human beings are rich in meaning. The scope of their meaning is wider and wider day after day. In the Charter of the UN adopted on 24 October 1945, the expression about human rights is stated three times in three different places; and in the Universal Declaration of Human Rights, 30 times.

We are pleased with the fact that the points stipulated in the Chapter “Citizenship, Fundamental Rights and Duties of Citizens” are in conformity with the points included in the Universal Declaration of Human Rights.

We members of the delegate group of other invited persons would like to suggest:

(a) Every citizen is responsible for recognition and preservation of national cultural heritage,

(b) Every citizen is responsible for environmental conservation,

(c) Every citizen is responsible for the development of human resources,

(d) Every citizen is responsible for maintenance of public-owned property — should be adopted as detailed basic principles for ensuring successful completion of the National Convention.

Now, delegate U Mann Aung Tin Myint will read the second part of our proposal, the Role of the Tatmadaw.

Delegates of other invited persons group pledge to march together with Tatmadaw  till reaching discipline-flourishing democratic state

YANGON , 30 Jan — The following is a translation of the suggestions presented by U Mahn Aung Tin Myint of Haungtharaw special region on the chapter “the Role of the Tatmadaw” at the plenary session of the National Convention held today.

Our suggestions will be within the framework of the adopted basic principles.

The Tatmadaw is the armed forces that fought together with the people in the battles to regain independence. The Tatmadaw was founded after the formation of its front runners — the Burma Independence Army, the Burma Defence Army and the Patriotic Burmese Forces. It has daringly warded off all external and internal dangers. Myanmar history bears witness to the fact that the Tatmadaw and the people are indivisible.

Today the world nations are giving priority to their own interest in the international relations sector. The end of the Cold War saw the disintegration of the Soviet Union together with the coming into being of many small nations. Balance of power turns in favour of the sole global super power the US that is gaining military and economic advantages. It now has the opportunity to manipulate the international media and justice at will.

Global countries are trying to strengthen their armed forces to protect themselves from the danger of the superpower. Myanmar will have to follow their example. Myanmar is lying between the two most populous regional powers. Given historical events and current world affairs Myanmar should have a strong Tatmadaw and firm military strategy and military awareness. Thus we need a modern Tatmadaw.

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 strong 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 farsighted guidance is in accord with the nation’s objective conditions.

At the plenary session of the National Convention, the Chairman of the National Convention Convening Work Committee gave a suggestion whether the point “The Tatmadaw is strong, modern and must be the sole existing brilliant and patriotic Tatmadaw” should be laid down or not. We need a Tatmadaw that will never yield to the enemy. Thus, the point “The Tatmadaw is strong, modern and must be the sole existing brilliant and patriotic Tatmadaw” should be adopted.

But in our view, the point should be read “The Tatmadaw formed with various national races is strong, modern and must be the sole existing brilliant and patriotic Tatmadaw” to reflect the national unity and enhance the Tatmadaw’s dignity.

A nation’s life rests on its own constitution. Because the constitution is the main stem of her law. All in all, the constitution is a law, and the writing of that law is based on the basic principles safeguarding “Our Three Main National Causes”. Thus, 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 none 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.

In this unipolar world, Myanmar needs a strong Tatmadaw as well as a comprehensive people’s militia strategy. The danger can come into the nation from abroad or start within the nation by destructive surrogates of the powers. Hence, the point “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.

Myanmar has a 1,385-mile coastline and its area is 261,228 square miles. It is important to safeguard the nation’s land, water and air territories. The nation should have programmes for general mobilization or partial mobilization in all times. The people’s militia strategy should be applied in Myanmar in the time of peace, crushing insurgents or facing alien aggression. Hence, we are in favour of adopting the point “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” as a detailed basic principle.

As the nation is going to use the people’s militia strategy, the task of commanding all the armed forces goes to the Commander-in-Chief of Defence Services. All the armed personnel should be responsible to the Commander-in-Chief of the Defence Services (the Tatmadaw). Only then, will they be able to work under single command.

Concerning the command of the armed forces, I would like to suggest that the point “The Defence Services Commander-in-Chief is the Supreme Commander of all armed forces” should be adopted.

We are in favour of adopting the two points “As a reference in designating the official position of the Commander-in-Chief, the Commander-in-Chief is designated as Vice-President level” and “The President shall appoint the Commander-in-Chief of Defence Services with the proposal and recommendation of the National Defence and Security Council”.

The Tatmadaw members have to observe civil laws and rules and regulations in addition to military laws and rules and regulations. In our country military courts have been formed according to the Defence Services Act promulgated in 1959. Here, we would like to suggest that the points “Military justice for members of the Tatmadaw may be administered according to law by a collective organ or by a judge” and “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.

Tatmadaw members are persons who have warded off all internal and external enemies to safeguard independence and sovereignty, and they will continue to discharge their duties assigned to them by the new constitution. From the humanitarian point of view, 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.

Moreover, 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 adopted as a detailed basic principle.

Before concluding my suggestions, the delegates of the other invited persons group would like to thank Tatmadaw members and service personnel for their goodwill services that are above the line of their duty to ensure every convenience for the delegates at all the sessions of the National Convention. We would also like to express thanks to the members of the subcommittees, the National Convention Convening Management Committee, the National Convention Convening Work Committee and the National Convention Convening Commission for ensuring every satisfaction to the delegates.

In our view, suggestions and proposals based on best ideas came out at the group meetings because of the permission of the right to freely, frankly and cordially participate in them. Thus, we are waiting for a reunion at the National Convention.

I would like to conclude my paper saying that we have made a firm determination to continue to take part in the National Convention with true patriotism till its successful completion and to march together with the Tatmadaw till reaching the goal — a discipline-flourishing democratic state.

Citizenship, naturalization and revocation of citizenship shall be prescribed by the law

YANGON , 30 Jan — The following is a translation of the suggestions presented by U Khin Maung Kyi of Education Ministry from the delegate group of State service personnel concerning the Citizenship, Fundamental Rights and Duties of Citizens at the plenary session of the National Convention held today.

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 guaranteed by the constitution, seven points concerning the duties of citizens, and one point on the term the State.

The 1947 Constitution and the 1974 Constitution and the constitutions of other world nations also state the chapter “Citizenship, Fundamental Rights and Duties of Citizens”. We find the 48 points comprehensive.

Concerning the citizenship, the group agrees that the following points should 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”

The following points should be adopted concerning the equality of citizens.

“1. The State shall enable any citizen to enjoy equal rights before the law and shall equally provide legal protection.

2. The State shall not discriminate against or in favour of any citizen based on race, birth, religion, official position, status, culture, sex and wealth.

3. Citizens shall enjoy equal rights in the following spheres —

(a) public employment

(b) occupation

(c) trade

(d) business

(e) technical know-how and vocation

(f) science and technology

4. Women shall be entitled to the same rights and salaries as that received by men in respect of similar work.

5. Mothers, children and expectant women shall enjoy rights as prescribed by law.

6. The State shall, in appointing or assigning duties, not discriminate against or in favour of any citizens with qualifications set for positions or duties based on race, birth, region, and sex.

However, nothing in this section shall prevent appointment of men to the positions that are naturally suitable for men only”.

The Chairman of the National Convention Convening Work Committee explained the following points.

“1. Nothing shall, except in accord with existing laws, be detrimental to the lives and personal freedom of any citizens

2. There shall be liberty in the exercise of the following rights subject to the laws enacted for State security, prevalence of law and order, community peace and tranquillity or public order and morality —

(a) The right of the citizens to express freely their convictions and opinions

(b) The right of the citizens to assemble peacefully without arms and the right of procession

(c) The right of the citizens to form associations and unions

(d) The right of the citizens to develop their language, literature, culture they cherish, religion they profess, and customs without prejudice to the relations between one national race and another, or among national races and to other faiths

3. Every citizen shall have the right to settle and reside in any place within the Union according to the law.

4. The Union shall, according to the law, protect every citizen's belongings and movable & immovable property lawfully earned and acquired

5. The State shall, by law, protect the privacy and security of the home, property, correspondence and other communications of citizens subject to the provisions of this Constitution.”

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. In view of the provisions of the constitutions of many nations, it is found that they prescribe the provisions that are in conformity with prevailing situations after taking into consideration the national security, prevalence of law and order, community peace and tranquility apart from the historical, political, economic and social aspects of respective nations. Thus the above-mentioned points should be adopted.

Now I will deal with the following points.

“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.”

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. Hence, the above-mentioned points should be adopted.

“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 incite 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.”

Buddhism is the faith professed by the great majority of the citizens of the nation. There are also citizens in the nation who profess Islam, Christianity, Hinduism and Animism. So, the citizens in the State should have the right to freely profess any faiths of their choice. In this regard, there should be a principle that ensures the exercise of this right shall not, in the interests of the State and the people, associate with politics, social affairs and other secular affairs, abuse of religion for political purpose, and any act which is intended or likely to incite feelings of enmity, conflicts and disagreements between racial or religious communities or sects. Hence, the above-mentioned points should be adopted.

Now I will discuss the following points.

“1. Every citizen shall, in accord with the law, has the right to freely develop literature, culture, arts, customs and traditions he loves. In the process, one and all 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.”

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. So, the points should be adopted.

State shall help national businessmen have access to technologies,  investments, machinery, and raw materials

YANGON , 30 Jan — The following is a translation of the suggestions presented by U Myint Tun of Ministry of Social Welfare, Relief and Resettlement from the delegate group of State service personnel concerning the Citizenship, Fundamental Rights and Duties of Citizens at the plenary session of the National Convention held today.

First I would like to give suggestion on points

“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; and

2. Respective electorate shall have the right to revoke the duties of a Hluttaw member in accord with the law”

Hluttaws at different levels have to be formed in accord with the provisions of the Constitution to carry out such matters. 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. Hence, the above-mentioned points should be adopted.

The Chairman of the National Convention Convening Work Committee explained the following points.

“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 without prejudice to the law, every citizen should be guaranteed the rights of privacy of property, using assets, innovation, and copyright by the State.”

To ensure national economic development, citizens shall have the right to freely do businesses in accord with the law, and the State shall help them have access to technologies, investments, machinery, and raw materials. Moreover, the State shall give guarantee to the citizens in doing businesses without prejudice to the law, the citizens should be guaranteed privacy of property, rights to use assets and to innovate. Hence, the above-mentioned points should be adopted.

The Work Committee Chairman clarified the following points at the National Convention.

“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.”

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. Security of the State, prevalence of law and order, and community peace and tranquillity are major requirements for the State and people. Therefore, no citizen shall, except matters on preventive measures, be placed in custody for more than 24 hours without the sanction of a competent judicial organ. We would like to suggest that the above-mentioned points should be adopted.

Now I will deal with the points the Work Committee Chairman explained at the National Convention.

“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) Writ of habeas corpus

(b) Writ of mandamus

(c) Writ of prohibition

(d) Writ of quo warranto

(e) Writ of certiorari

The power to issue writs vested in the Supreme Court of the Union should not affect the power that is similar to the power vested in other courts according to an existing law.

3. In times of the following situations, the power to issue writs according to para (36) shall not be suspended unless the public safety may so require:

(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.”

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 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.

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. Hence the above-mentioned points should be adopted.

Now, I will give suggestions on the following points the Work Committee Chairman clarified at the plenary session of the National Convention.

“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.”

Every citizen should enjoy the fundamental rights bestowed by the Constitution and dutifully carry out tasks that associate with the fundamental rights. The most crucial task among those every citizen has to carry out is to uphold Our Three Main National Causes for ensuring perpetual existence of the State. Besides that, every citizen has to carry out bounden duties to safeguard independence, sovereignty, and territory of the State; to enhance unity among national races; to make efforts to ensure community peace and tranquility; to build a modern developed nation; and to undergo military training in accord with the provisions of the law to be able to discharge national defence duties if necessary. Moreover, citizens are to pay taxes to be levied according to the law. In our view, the above-mentioned points should be adopted.

As regards the point “The term ‘the State’ stipulated in this Chapter means a body that exercises legislative and executive powers according to this Constitution” we are in favour of adopting it as a detailed basic principle.

Tatmadaw, core armed forces for national defence

YANGON , 30 Jan — The following is a translation of the suggestions presented by Daw Nyunt Nyunt Shwe of the Ministry of National Planning and Economic Development of the delegate group of the State service personnel concerning the chapter “the Role of the Tatmadaw” at the plenary session of the National Convention held today.

We find the clarifications made by the Chairman of the National Convention Convening Work Committee at the plenary session of the National Convention concerning the following 14 points for the chapter “the Role of the Tatmadaw” clear and comprehensive.

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 designate 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”

As regards the point “The Tatmadaw is strong, modern and must be the sole existing brilliant and patriotic Tatmadaw” explained by the Work Committee Chairman, we would like to suggest that the Tatmadaw should be endowed with the three capabilities.

The Tatmadaw must be strong, modern and qualified to safeguard independence and sovereignty. It must possess advanced technologies to totally safeguard all the land, water territory and air space of the nation.

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. Later, the Pyusaw Htee troops began to act like pocket armies of the organizations that founded them. The Pyusaw Htee troops were dissolved in 1958. History tells us that an armed organization if not formed systematically according to the law will harm the public even though the original aim of their formation is to serve the people’s interest.

Hence, the point “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, that states the powers and functions of the governing bodies and the rights of the people. The Tatmadaw has the duty to safeguard the nation that is on the road to progress and modernization in accord with the constitution. In this regard, we would like to suggest that the point “The Tatmadaw is mainly responsible for safeguarding the State Constitution” should be adopted.

History bears witness to the fact that the national races always took part with unity in the struggles to regain independence and safeguard independence.

With strong patriotism, the national brethren launched armed struggles against the colonialist enslavement. Both the struggles to regain independence and the struggles to safeguard independence involved a large number of Tatmadaw members, who are sons and daughters of the nationalities, as well as service personnel and people daringly taking part in the battles with the sacrificing spirit. The Tatmadaw has been safeguarding the nation while keeping in the fore the national cause.

Hence, the points “The Tatmadaw is mainly responsible for safeguarding non-disintegration of the Union , non-disintegration of national solidarity and perpetuation of sovereignty” and “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.

The National Convention has laid down the detailed basic principle “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”. throughout the anti-colonialist struggles and the national liberation struggles, the national people, with their unyielding spirit and the love for the motherland, strove to regain the lost independence and sovereignty. In the peace time also the nation should be aware of all the attempts of some nations that want to dominate or intrude into Myanmar through political, economic, social, diplomatic, ideological, military and propaganda means. In this regard, we would like to suggest that the point “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.

With the Tatmadaw as the main pillar, the stability of State, community peace and tranquillity and the rule of law should be ensured with the strength of the national people. The endeavour should be free from foreign assistance to the most possible degree. Hence, the point “All the armed forces in the Union shall be under the command of the Tatmadaw” should be adopted.

Concerning the role of the Commander-in-Chief of Defence Services we would like to suggest that the point “The Defence Services Commander-in-Chief is the Supreme Commander of all armed forces” laid down by the National Convention should be transferred to the chapter of the role of the Tatmadaw and should be adopted as a detailed basic principle.

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. As he is the person discharging the State security and defence duty, designation of his official position should be in conformity with the importance of his duty. Hence, we would like to suggest that the point “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 a detailed basic principle.

The National Convention has already laid down the basic principle “The President is the Executive Head of State”. The duty 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 recommendation 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, we would like to propose that the point “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.

As 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 has been also a disciplined institution endowed with 10 strengths, it has been standing with eternal unity that cannot be divided by any one.

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 obeisance 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.

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

Thus, the point “The Tatmadaw has the right to independently administer all affairs concerning the forces” should be adopted as a detailed basic principle for the chapter “the Role of the Tatmadaw”.

As the Tatmadaw is the armed forces, civil rules and regulations are not adequate in enforcing the discipline in it. The discipline enforcement is carried out with a special law containing provisions for extraordinary conditions. Discipline is the backbone of the Tatmadaw. Discipline enforcement and current military requirements are the significant condition of armed forces. We have found that the articles 98 and 99 of the 1974 Constitution said, “Justice shall be administered collectively by each judicial organ. 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.”

Thus, the point “Military justice for members of the Tatmadaw may be administered according to law by a collective organ or by a judge” should be adopted.
The Commander-in-Chief of the Defence Services will have to issue orders and directives as may be necessary for further enforcing discipline. The Commander-in-Chief is the person who knows the requirements for discipline enforcement and current military affairs totally. He is the man who commands the soldiers according to the law.

Hence, the point “The decision of the Commander-in-Chief of the Defence Services is final and conclusive in military justice” should be adopted.

Moreover, we are in support of adopting the points “A Law shall be enacted to provide assistance and care for families of the disabled or fallen Tatmadaw members” and “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.

We find that all the 14 points explained by the Work Committee Chairman at the plenary session of the National Convention are appropriate to be adopted as detailed basic principles for the chapter “the Role of the Tatmadaw.”

Source: http://mission.itu.ch/MISSIONS/Myanmar/n-convention/NC_2006%20Jan%2031.htm