PROCEEDINGS OF THE NATIONAL CONVENTION

12 October 2006

From The New Light of Myanmar, 13 October 2006

Plenary Session of National Convention continues at Nyaunghnapin Camp in Hmawby Township

Yangon, 12 Oct — The National Convention that was convened from 5 December 2005 to 31 January 2006 with the objectives — Non-disintegration of the Union; Non-disintegration of national slidarity; Perpetuation of sovereignty; Flourishing of a genuine multi-party democracy system; Further burgeoning of the noblest and worthiest of worldly values such as justice, liberty and equality; and the Tatmadaw to be able to participate in the national political leadership role of the future State, and it was adjourned. At 9 am today, the Plenary Session of the National Convention continued at Pyidaungsu Hall of Nyaunghnapin Camp in Hmawby Township, Yangon Division.

Also present at the National Convention were 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 subcommittees, delegates of political parties National Unity Party, Union Pa-O National Organization, Shan State Kokang Democratic Party, 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, delegates of national races from Kachin, Kayah, Kayin, Chin, Mon, Rakhine, Shan (South), Shan (North) and Shan (East) States, Sagaing, Taninthayi, Bago, Magway, Mandalay, Yangon and Ayeyawady Divisions, delegates of peasants from Kachin, Kayah, Kayin, Chin, Mon, Rakhine, Shan (South), Shan (North) and Shan (East) States, Sagaing, Taninthayi, Bago, Magway, Mandalay, Yangon and Ayeyawady Divisions, delegates of intellectuals and intelligentsia, delegates of workers from Kachin, Kayah, Kayin, Chin, Mon, Rakhine, Shan (South), Shan (North) and Shan (East) States, Sagaing, Taninthayi, Bago, Magway, Mandalay, Yangon and Ayeyawady Divisions, delegates of State Service Personnel from the State Peace and Development Council Office, the President 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 Civil Service Selection and Training Board, the Yangon City Development Committee, the Mandalay City Development Committee and ministries, other invited delegates, delegates from Shan State (North) Special Region-1, Shan State (North) Special Region-2, Shan State (North) Special Region-3, Shan State (North) Special Region-4, Shan State (North) Special Region-5, Shan State (South) Special Region-6, Kachin State Special Region-1, Kachin State Special Region-2, Kayah State Special Region-1, Kayah State Special Region-2, Kayah State Special Region-3, Kayinni National Democratic Party (KNDP) (Dragon) Group, Kayin-ni National Progres-sive Party (KNPP) (Hoya), Kayinni National Unity and Solidarity Organization (Ka Ma Sa Nya), Democratic Kayin Buddhist Organization (DKBA) and Haung-thayaw Special Region Group, Nyeinchanyay Myothit Group from Hpa-an Township of Kayin State, Burma Communist Party (Rakhine State Group), Arakanese Army (AA), Homein Region Development and Welfare Group, Shwepyiaye (MTA) , Manpan People’s Militia Group, Mon Peace Group (Chaungchi Region) and Mon Nai Seik Chan Group that had exchanged arms for peace.

Before the Plenary Session of the National Convention, Chairman of the NCCC Secretary-1 Lt-Gen Thein Sein and Commission members, Chairman of the NCCWC Chief Justice U Aung Toe and Work Committee members, Chairman of the NCCMC Auditor-General Maj-Gen Lun Maung and Management Committee members, chairmen and officials of the subcommittees, delegates of political parties, representatives-elect, delegates of the National Races, Peasants, Workers, Intellectuals and Intelligentsia, State Service Personnel, and Other Invited Persons, signed attendance books at Pyidaungsu Hall and the recreation hall.

U San Tha Aung of Delegate Group of Representatives-elect presided over the Plenary Session of National Convention together with members of the Panel of Chairmen Dr Kan Zaw of the NCC Work Committee, U Tun Yin Law of Delegate Group of Political Parties, U Maung Hla (a) U Hla Myint of Delegate Group of National Races, U Sai Tint Aung of Delegate Group of Peasants, U Kyaw Myo Win of Delegate Group of Workers, U Hla Myint of Delegate Group of Intellectuals and Intelligentsia, U Hla Tin of Delegate Group of State Service Personnel and U Paw Laik Kham of Delegate Group of Other Invited Persons.

Director (Meeting) U Than Aung of the NCCWC Office and Deputy Director U Aung Kyi acted as MCs.

The MC declared the start of the group meeting as 1,071 out of 1,081 delegates were in attendance, accounting for 99.07, and the plenary session commenced with the permission of the meeting chairman.

The Panel of Chairmen of the Plenary Session of the National Convention presented suggestions of delegates to the National Convention for adoption of detailed basic principles to be included in drawing the State Constitution for the chapter “Citizenship, Fundamental Rights and Duties of Citizens” and “The Role of the Tatmadaw”. First, member of the Panel of Alternate Chairmen U Hla Tin of the Delegate Group of State Service Personnel and Dr Kan Zaw of NCC Work Committee read out suggestions on “Citizenship, Fundamental Rights and Duties of Citizens” and the Plenary Session recessed at 10 am.

(The presentation of the Panel of Chairmen on “Citizenship, Fundamental Rights and Duties of Citizens” is reported separately.)

When the Plenary Session resumed at 10.15 am, The Panel of Chairmen of the Plenary Session of the National Convention presented suggestions of delegates to the National Convention for adoption of detailed basic principles to be included in drawing the State Constitution for the chapter “Citizenship, Fundamental Rights and Duties of Citizens” and “The Role of the Tatmadaw”. Member of the Alternate Chairmen U Tun Yin Law of Delegate Group of Political Parties and Chairman U San Tha Aung of Delegate Group of Representatives-elect read out suggestions on “The Role of the Tatmadaw”.

(The presentation of the Panel of Chairmen on “The Role of the Tatmadaw” is reported separately.)

Afterwards, the master of ceremonies announced that according to the presentations of the Panel of Chairman, there were separate proposals in the suggestions presented by delegates; that after studying these separate proposals by the NCC Work Committee and if it found in proposals which have to be sought the suggestions of all delegate groups, the NCCWC would have to seek the suggestions of delegate groups through the Panel of Chairman; and that the date on which the Plenary Session of the National Convention to be resumed would be informed in advance. The Plenary Session of the National Convention concluded at 10.50 am.

Presentations on Pyithu Hluttaw, Amyotha Hluttaw and Region or State Hluttaws to be published

Yangon, 12, Oct— The presentations of the Panel of the Alternate Chairmen made at the Plenary Session of the National Convention held on 11 October at Nyaunghnapin Camp in Hmawby Township on suggestions of delegates concerning detailed basic principles for legislation of the Pyithu Hluttaw, the Amyotha Hluttaw and Region or State Hluttaws to be included in the State Constitution will be published in the dailies.

Every citizen has the duty to cherish and value the national cultural heritage

Yangon, 12 Oct — The following is the presentation of the Panel of Chairmen on suggestions of delegates to the National Convention for adoption of detailed basic principles to be included in drawing the State Constitution for the chapter “Citizenship, Fundamental Rights and Duties of Citizens” at the Plenary Session held today.

Esteemed delegates,

At the National Convention held from 24 to 30 January 2006, representatives of the delegate groups concerned submitted their proposals and held discussions for the adoption of detailed basic principles for the Chapter “Citizenship, Fundamental Rights and Duties of Citizens” and Chapter “The Role of the Tatmadaw” to be included in State constitution.

Esteemed delegates,

During the period, the delegate groups submitted 17 proposal papers as follows:

(a) Delegate group of the political parties (7) papers.

(b) Delegate group of the representatives-elect (4) papers

(d) Delegate group of the peasants (1) paper.

(e) Delegate group of the workers (1) paper.

(f) Delegate group of the intellectuals and intelligentsia (1) paper.

(g) Delegate group of the State service personnel (1) paper.

(h) Delegate group of the other invited persons (1) paper.

You delegates had listened to and known the proposal papers the delegate groups and some National Convention delegates read out at the plenary session of the National Convention. Now, we are going to present the panel of chairmen’s collection of these proposal papers.

Esteemed delegates,

At the plenary session held on 10 January 2006, the Work Committee Chairman said, “In drafting an enduring State Constitution for our nation, it is required to prescribe the Chapter “Citizenship, Fundamental Rights and Duties of Citizens”. Only then, will a citizen be able to understand well, when studying the Constitution, the requirements to be citizenship, what the fundamental rights entrusted to the citizens according to the Constitution are, and what kinds of duties they have to carry out in the interests of the State are.

Having a glance at the constitutions of world nations, it is found that many of them draw a separate chapter “Citizenship, Fundamental Rights and Duties of Citizens”. The 1947 Constitution of our nation includes a chapter “Fundamental Rights” that prescribes the fundamental rights for the citizens. And the 1974 Constitution includes a chapter “Fundamental Rights and Duties of Citizens”.

The Work Committee Chairman said, “Based on the findings and reviews I have discussed, I would like to present the detailed basic principles as a whole that should be adopted for the Chapter “Citizenship, Fundamental Rights and Duties of Citizens” of the Constitution.

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

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

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

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

(a) civil service

(b) occupation

(d) business

(e) technical know-how and vocation

(f) exploration of science and technology

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

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

8. The State shall, in appointing or assigning duties, not discriminate against or in favour of any citizens with qualifications set for posts 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

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

10. 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

(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

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

12. The State shall, according to the law, protect every citizen’s belongings and property lawfully earned and acquired

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

14. The State prohibits enslaving of man and trafficking in persons

15. The State prohibits any form of forced labour except hard labour as a punishment for crime duly convicted and duties assigned thereupon by the State in accord with the law for public interests

16. Any person is equally entitled to freedom of conscience and the right to freely profess and practice religion subject to public order, morality or health and to the other provisions of the State Constitution

17. The above right shall not include any economic, financial, political or other secular activities that may be associated with religious practice

18. The freedom so guaranteed shall not prohibit the State from enacting laws for the purpose of social welfare and reform

19. The State recognizes the special position of Buddhism as the faith professed by the great majority of the citizens of the State

20. The State also recognizes Christianity, Islam, Hinduism and Animism as religions existing in the Union on the date of the coming into force of the State Constitution

21. The State shall render assistance and protect as it possibly can the religions it recognizes

22. The abuse of religion for political purposes is forbidden; and any act which is intended or is likely to promote feelings of hatred, enmity or discord between racial or religious communities or sects which is contrary to the State Constitution. A law may be adopted to punish such actions.

23. Every citizen shall, in accord with the law, have the right to freely develop literature, culture, arts, customs and traditions they cherish. In the process, they shall avoid any act which is to the detriment of national solidarity. Any particular action in this respect which might adversely affect the interests of one or several other national races shall be taken only after consultation and amicable settlement with those affected.

24. Every citizen, in accord with the education policy laid down by the Union, 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 conduct research on culture

25. The State shall encourage and provide, based on qualifications, assistance for citizens outstanding in the education, irrespective of race, religion, and sex

26. 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;

27. Respective electorate shall have the right to recall a Hluttaw member in accord with the law.

28. Every citizen shall have the right to freely operate any business activity in accord with the law for the national economic development.

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

30. In operating businesses without prejudice to the law, every citizen is guaranteed the rights of property ownership, using assets, initiation, and copyright by the Union.

31. Subject to provisions of this Constitution or existing laws, the State guarantees the right of ownership of property, using of assets and initiation and copyright in operating business activities. Moreover, he shall not be subject to a penalty greater than that is applicable.

32. Any person convicted or acquitted by a competent court for an offence he shall not be retried unless a superior court annuls a judgment and orders to retry the case.

33. An accused shall have the right of defence in accordance with law.

34. No citizen shall, except matters on precautionary measures taken in accordance with law for the security of the State or prevalence of law and order or the peace and tranquillity and interests of the people or matters permitted under an existing law, be held in custody for more than 24 hours without the remand of a competent magistrate.

35. The right to apply to the Supreme Court of the Union through appropriate proceedings for the obtainment of the rights guaranteed under this chapter.

36. In order to bestow the rights granted under this chapter the Supreme Court shall have the power to issue the following writs as appropriate.

(a) Writs of Habeas Corpus

(b) Writs of Mandamus

(d) Writs of Quo Warranto

(e) Writs of Certiorari

The right to issue writs by the Supreme Court of the Union shall not affect the right to issue orders which are in the nature of writs by other courts invested to them under existing laws.

37. At the time of occurrence of the following situations, the power to issue writs under paragraph 36 shall not be suspended unless the public safety may so require.

(a) in time of war,

(b) in time of invasion,

38. Every citizen, at home or abroad, dealing with foreign countries shall have the right to seek protection of the State;

39. Except in the following situations, the grievances of the citizens legally entitled under law shall not be refused —

(a) in time of invasion,

(b) in time of rebellion,

40. If some of the rights prescribed in this chapter that concern members of the defence forces or the forces charged with the maintenance of public order so as to ensure fulfilment of their duties and the maintenance of discipline are needed to be restricted or abrogated, they shall be done so only through enactment of necessary law.

41. Every citizen is under a duty to uphold:

(a) Non-disintegration of the Union

(b) Non-disintegration of national solidarity

42. Every citizen is under a duty to abide by the provisions of the Constitution

43. Every citizen is under a duty to safeguard independence, sovereignty, territorial integrity of the Union of Myanmar

44. Every citizen, charged with Union Spirit, is under a duty to enhance unity among national races and to ensure community peace and stability

45. Every citizen is under a duty to build a modern developed nation

46. Every citizen is under a duty to undergo military training in accord with the provisions of the law and to serve in the armed forces to defend the State

47. Every citizen is under a duty to pay taxes to be levied according to the law.

48. In this Chapter “The State” means a body that exercises legislative and executive powers according to this Constitution.

Esteemed delegates,

Regarding the clarification, of the seven political parties of the delegate group of political parties, a delegate group of the National Convention, the National Unity Party said, “In view of the constitutions of nations in the world, it is found that the constitutions of many countries state citizenship, fundamental rights and duties of citizens, and so do the 1947 constitution and the 1974 constitution of Myanmar. An enduring State constitution manifests citizenship and fundamental rights of the citizens as well as the duties of the citizens. The clarification of the Work Committee covers these two characteristics, so it is found appropriate.

Besides, as a separate suggestion, there is a principle “The State shall, in appointing or assigning duties, not discriminate against or in favour of any citizens with qualifications set for posts or duties based on race, birth, region, and sex”.

“That point guarantees equality of men and women irrespective of race, religion, sex and wealth, and contributes towards effective use of human resources in the interests of the State, winning the support of the mass of women and the people. So, it is appropriate. The principle also says, “However, nothing in this section shall prevent appointment of men to the positions that are naturally suitable for men only”. Here, we would like to make a suggestion that instead of prescribing it in the State constitution, the point should be implemented by prescribing separate laws, and by issuing orders and directives by ministries concerned”.

The Union PaO National Organization suggested the 48 points for the Chapter “Citizenship, Fundamental Rights and Duties of Citizens” should be adopted as detailed basic principles as follows:

(1) points on citizenship (2)

(2) points on equal rights of citizens (6)

(3) points on freedom to rights (5)

(4) points on enslaving and forced labour of citizens (2)

(5) points on religious faiths (7)

(6) points on rights to culture and education (3)

(7) points on voting and standing for elections (2)

(8) points on rights to business activities (3)

(9) points on criminal cases (4)

(10) points on equal protection of law (6)

(11) points on duties of citizens (7)

(12) point on the definition of the word “The State” (1)

Mro (or) Khami National Solidarity Organization said, “After studying the clarification of the Work Committee Chairman, we noticed all the 48 points should be adopted as detailed basic principles.

“So, we would like to suggest that these 48 points presented by the Work Committee Chairman should be adopted as detailed basic principles for the Chapter “Citizenship, Fundamental Rights and Duties of Citizens” to be included in the State constitution.

Lahu National Development Party suggested that the 48 points the Work Committee Chairman clarified regarding the Chapter “Citizenship, Fundamental Rights and Duties of Citizens” should be adopted as detailed basic principles.

The Union Kayin League said that the 48 points the Work Committee Chairman clarified regarding the Chapter “Citizenship, Fundamental Rights and Duties of Citizens” should be adopted as detailed basic principles.

Kokang Democracy and Unity Party recommended that the clarification to the meaning and definition of the word “The State” in the Chapter “Citizenship, Fundamental Rights and Duties of Citizens” and the basic detailed principles for citizenship, fundamental rights and duties made by the Work Committee Chairman are particularly appropriate. So, they should be adopted as detailed basic principles.

Wa National Development Party said that regarding the detailed basic principles laid down for the Chapter “Citizenship, Fundamental Rights and Duties of Citizens” to be included in the State constitution, the Work Committee Chairman’s clarification is appropriate for the adoption of detailed basic principles.

Esteemed delegates,

Of the four proposal papers submitted by the delegate group of representatives-elect, the stances of the representativ1es of the National Unity Party and Mro (or) Khami National Solidarity Organization have been presented through the coordination of the political parties concerned of the delegate group of political parties. The suggestions of respective representatives are the same as those discussions.

Independent representatives-elect Dr Hmu Htan of Thantlang Township constituency in Chin State, U Aung Thein of Ywangan Township constituency in Shan State and U Tun Kyaw of Namhsan Township constituency in Shan State (North) from the delegate group of representatives-elect recommended the 48 points the Work Committee Chairman clarified for the Chapter “Citizenship, Fundamental Rights and Duties of Citizens” to be included in the State constitution.

As a separate suggestion, they said, “It is needed to take great care in drawing a State constitution. And the already-formulated constitution needs to be constantly effective at any times and any situations regardless of region and person and to be resistant to any criticisms. Therefore, it is required to specifically prescribe by-laws, procedures and provisions of a State constitution.

“We would also like to present facts about the rights to equality. It has been prescribed that the future nation will be built through multi-party democracy system and the market-oriented economic system. Under the market-oriented economic system, the nation will have to deal with other nations commercially. Foreign investments will be made in Myanmar, while some national people will earn money abroad. So, such nationals have to pay taxes to the State and they while in foreign countries send money they have earned to their families in the nation. That will contribute towards circulation of foreign exchange in the nation. So, the State should provide legal protection to such nationals working abroad. If necessary, respective nations recall their citizens working in other nations in time of natural disasters or war. Our State should do like this. And the State should also provide legal protection to the nationals who have to be still staying in foreign nations for various reasons in such times. Specific principles for such matters should be prescribed in the by-laws and provisions of the future State constitution.

It is found that the nations exercising multi-party democracy system provide their citizens freedom of publication. If necessary, the prevailing situations of the nation (good or bad) should be known to the people for public knowledge. There will be no rumours if the people have access to the news stories as they really are. Only when the people catch up with prevailing commodity prices, will the commodity prices be stable. And only when the people have access to authentic administrative news, will the people be able to lead a secure life. If the people have access to authentic commercial news, they will try their best for economic development. If local media is under excessive control at a time when IT is making a repaid progress, the people will place reliance on foreign media. If so, foreign media will have a dominant position in our nation. So, new laws and by-laws appropriate for the future nation should be prescribed to provide more freedom to local media.

If literature and culture are extinct, so will be the national races, and that has been evidenced by many incidents around the world. Prescribing necessary laws, the State should provide assistance to ethnic groups for flourishing of the literature, culture and development of these national races. Now, universities of culture have been established. So, a subject on literature and languages of national races should be prescribed as compulsory at the educational facilities. Only then will it be possible to secure equality of rights and mutual respect and understanding among national races. So, ethnic minorities should enjoy the rights to develop their literature, culture and fine arts, and the State should provide assistance to them occasionally.

The education standard of the youth in the regions that are making a good progress in the social, economic and transport sectors is better than those in the regions without such progress especially Chin, Kachin, Kayah and Shan states and some regions. That cannot bring positive results to the nation. So, the State should prescribe necessary laws and by-laws to narrow such gap as far as it can in the future nation.

Commercial freedom should be open to all in accordance with the market economy. And there should be no more centralized economic system (or) examining and prohibiting goods in the time of command economy. Opening of check points hinders commodity flows and cause rise in commodity prices. So, the State should prescribe necessary laws to tackle such cases in accordance with the market-oriented economic system.

The State shall give guarantee to the citizens privacy of property, rights to use assets and to innovate and copyrights in doing businesses without prejudice to the law. Anyhow, the State will have to prescribe necessary laws to avert a huge gap of development among the people and high unemployment.

The National Convention has laid down a principle that the State shall not demonetize the currency in circulation. So, we would like to suggest that principle should be replaced as a detailed basic principle in the chapter economic opportunities.

Independent representatives-elect of the delegate groups of representatives-elect—U Tin Win of Kyaiklat Township constituency-2, U Thein Kyi of Taungdwingyi Township constituency-1, U Hla Soe of Minbu Township constituency-2, U Mya Hlaing of Twantay Township constituency-2, U Kyi Win of Mingaladon Township constituency-1 and U Tin Tun Maung of Mingaladon Township constituency-2—suggested that the 48 points regarding the Chapter “Citizenship, Fundamental Rights and Duties of Citizens” explained by the Work Committee Chairman should be adopted as detailed basic principles.

Esteemed delegates,

The delegate group of national races recommended the 48 points the Work Committee Chairman explained for the adoption of the Chapter “Citizenship, Fundamental Rights and Duties of Citizens”.

Para (24) says “Every citizen, in accord with the education policy laid down by the State, shall have the right to education”. However, nothing is stated concerning health matter. So, “Every citizen, in accord with the health policy laid down by the State, shall have the right to health care” should be added to the para.

Esteemed delegates,

The delegate group of peasants recommended that the 48 points the Work Committee Chairman collected for the adoption of the Chapter “Citizenship, Fundamental Rights and Duties of Citizens” to be included in the State constitution should be adopted as detailed basic principles.

Esteemed delegates,

The delegate group of workers also recommended the 48 points.

Esteemed delegates,

The delegate group of intellectuals and intelligentsia said that the 48 points and 29 paras for the adoption of the Chapter “Citizenship, Fundamental Rights and Duties of Citizens” to be included in the State constitution represent the rights of the national races, so they should be adopted as detailed basic principles.

The group presented the following suggestions for the points to be adopted as detailed basic principles for the chapter “Citizenship, Fundamental Rights and Duties of the Citizens explained by the Work Committee Chairman to have perfect usage and wordings:

To consider whether the para 5 subpara (f) “exploration of science and technology” should be amended as “exploration of arts, science and technology” or not.

To consider whether para 6 “Women shall be entitled to the same rights as that received by men in respect of similar work” should be amended as “Women shall be entitled to the same rights as men does in respect of similar work” or not.

To consider whether para 34 “No citizen shall be held in custody for more than 24 hours without the remand of a competent magistrate” should be amended to “Without the remand of a competent magistrate, no citizen shall be held in custody for more than 24 hours” or not.

We fully support the para 46 “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”. We suggest to express the fixed age and period to undergo military training and to serve in the armed forces for national defence in enacting a law concerning the matter.

The group said, concerning the citizens’ rights, the nation should enact a law protecting senior citizens. In many countries, the government as well as other organization are providing assistance to the senior citizens. Hence a suggestion has been presented to consider whether a detailed basic principle should be adopted to enact a law protecting the persons who can be designated as senior citizens.

In accord with the four social objectives, the national development can be ensured only with fit and healthy citizens. A law should be enacted to enable every citizen the right to get access to primary health care, so that public health care project may cover the whole nation.

The delegate groups of State service personnel said, the Work Committee Chairman’s clarification on the detailed basic principles concerning the Citizenship, and Rights and Duties of Citizens includes the requirements for citizenship, equality before the law, freedom of expression, publishing, the right to assemble and hold talks, the right to reside in the nation, property ownership, security and ownership of homes and premises, prohibition of forced labour, religious freedom, the right to freely develop literature, culture, arts, customs and traditions they cherish, the right to vote, the right to be elected, the right of recall, the right to run businesses permitted by the state, the right of defence in accordance with law, and the right to protect the rights. The detailed basic principles also states the duties of the citizens comprehensively without leaving any loopholes and weaknesses to safeguard Our Three Main National Causes for perpetuation of the nation and emergence of a modern and developed nation. Thus, the detailed basic principles should be adopted.

The delegate group of other invited persons said, the definition of the basic human rights is wide and delicate. Fundamental rights of man are included in the UN Charter, the backbone of the United Nations, founded on 24 October 1945. Thirty points concerning the human rights are included in the Universal Declaration of Human Rights.

The points contained in the clarification made by the Work Committee Chairman concerning the chapter “Citizenship, and Rights and Duties of Citizens” are in accord with the Universal Declaration of Human Rights. Thus, the group gladly welcome the points of the clarification.

In presenting a separate suggestion, the group said, the two points — 14. The State prohibits enslaving of man and trafficking in persons; and 15. The State prohibits any form of forced labour except hard labour as a punishment for crime duly convicted and duties assigned thereupon by the State in accord with the law for public interests.

Concerning the duties of citizens, the group gave the following suggestions:

(a) Every citizen has the duty to cherish and value the national cultural heritage.

(b) Every citizen has the duty to protect and conserve the environment.

Every citizen has the duty to protect public property.

Presentation of the Panel of Chairmen on suggestions of delegates to the national Convention for adoption of detailed basic principles to be included in drawing the State Constitution for the chapter “The Role of the Tatmadaw”

YANGON, 12 Oct— The following is the presentation of the Panel of Chairmen on suggestions of delegates to the national Convention for adoption of detailed basic principles to be included in drawing the State Constitution for the chapter “The Role of the Tatmadaw” at the Plenary Session held today.

Esteemed delegates, At the plenary session of the National Convention held on 10 January 2006, the Chairman of the National Convention Convening Work Committee explained that the plenary session of the National Convention has already laid down the following principles in connection with the Tatmadaw on 16 September, 1993:

(a) the Tatmadaw is strong, modern and must be the sole existing Tatmadaw.

(b) the Tatmadaw has the right to independently administer all affairs concerning the forces.

(d) the Tatmadaw has the right to administer for participation of the entire people in the State security and defence.

(e) the Tatmadaw is mainly responsible for safeguarding non-disintegration of the Union, non-disintegration of national solidarity and perpetuation of sovereignty;

(f) the Tatmadaw is mainly responsible for safeguarding the State Constitution.

(g) The plenary session has already adopted to form the basic principles as basis to discuss the chapter concerned and to move the basic principles to other sectors when the discussions are on the principles of those sectors. Hence, my larification will be based on basic principles laid down by the National Convention concerning the role of the Tatmadaw. Moreover, the basic principles that should be transferred to the Tatmadaw chapter will also be presented. Esteemed delegates, The Work Committee Chairman presented a collection of the points that should be adopted as detailed basic principles as follows:

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 andperpetuation of sovereignty

4. The Tatmadaw must play a leading role in safeguarding the Union of Myanmar against all internal and external angers. The Tatmadaw is the core armed forces for national defence

5. The Tatmadaw has the right to administer for participation of the entire people in the State security and defence. The people’s militia strategy shall be formed with Tatmadaw’s leadership

6. All the armed forces in the nation shall be under the command of the Tatmadaw

7. The Defence Services Commander-in-Chief is the Supreme Commander of all armed forces

8. As a reference in designating the official position of the Commander-in-Chief, the Commander-in-Chief is designated as the Vice- President level

9. The President shall appoint the Commanderin- Chief of Defence Services with the proposal and approval 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 panel or by a judge

12. The decision of the Commander-in-Chief of the Defence Services is final in military justice

13. An Act shall be promulgated to provide assistance and care for families of the disabled or fallen Tatmadaw embers

14. The Tatmadaw must render assistance to the people in case of the occurrence of a calamity in the nation that affects the nation and the people.

Esteemed delegates,

The National Unity Party, one of the seven political parties of the delegate groups of the political arties presented its proposal, saying, we find that the Work Committee Chairman’s clarification on the detailed basic principles concerning the chapter “Citizenship, and the Rights and Duties of Citizens” have been compiled in accord with the traditions and culture of the nation. The Work Committee laid down the detailed basic principles after studying the constitutions of world nations, the 1947 Constitution and the 1974 Constitution.

The detailed basic principles of the chapter “the Role of theTatmadaw” areinconformitywiththeobjectiveconditions of Myanmar. In addition, they are within the framework of the detailed basic principles in connection with the Tatmadaw the National Convention has already adopted.

All in all, the detailed basic principles for the chapters “Citizenship, and the Rights and Duties of Citizens” and “the role of the Tatmadaw” presented by the Work Committee Chairman are appropriate as they are in conformity with the six objectives and the 104 basic principles already adopted by the National Convention.

As a separate suggestion, the party said of a collection of the detailed basic principles for the role of the Tatmadaw, the point No 14 states “The Tatmadaw must render assistance to the people in case of the occurrence of a calamity in the nation that affects the nation and the people.”

Seemingly, the point means that the Tatmadaw will help the people only when there occur natural disasters. Because of its original traditions, organizational set up, experiences and achievements, nobody can deny that the Tatmadaw is the national strength. The Tatmadaw has always renders assistance to the social and economic sectors in the interest of the nation and the race.

At present, the Tatmadaw is taking part in social undertakings and motor road, railroad, bridge and dam projects and rural development tasks that are not concerned with the task of providing relief aids. In our view, the expression “to render assistance to the people in case of the occurrence of a calamity” is not totally comprehensive.

In our view, the following point should be added to the detailed basic principles as the point No 15:

“The Tatmadaw shall take part as a social and economic force in accord with the Constitution if there arises a need for national development.”

The Union Pa-O National Organization said every sovereign nation, race and legal experts will draw a constitution ased on historical experiences for national interest. But the trend of the age and individual persons can make a constitution shaky and ineffective. The international situation highlights the fact that outside interferences coupled with social and economic hardships resulting from loopholes and weaknesses of the constitution may lead to national disintegration and racial armed conflicts. Hence, we solemnly agree the 14 points explained by the Work Committee Chairman at the plenary session of the National Convention held on 10 January 2006 should be adopted as detailed basic principles.

The Mro or Khami National Solidarity Organization finds the 14 points explained by the Work Committee Chairman are suitable to be adopted as detailed basic principles.

The Lahu National Development Party accepts that 14 points explained by the Work Committee Chairman are suitable to be adopted as detailed basic principles concerning the chapter “The role of the Tatmadaw”.

The Union Kayin League discussed in support of the clarification, saying, the 14 detailed basic principles on the chapter “the Role of the Tatmadaw” and the 48 detailed basic principles for the chapter “Citizenship, and the Rights and Duties of Citizens” presented by the Work Committee Chairman are appropriate as they are in conformity with the six objectives and the basic principles already adopted by the National Convention. Hence they should be adopted as detailed basic principles.

The Kokang Democracy and Unity Party expressed its view saying that clarification of the Work Committee Chairman concerning the detailed basic principles covering the duties of the Tatmadaw, the role of the Commander-in-Chief, the rights and duties, military codes of conduct and welfare for Tatmadaw members and families included in the chapter “the role of the Tatmadaw” are profound and comprehensive. Hence they must be adopted as detailed basic principle for the chapter.

The Wa National Development Party presented two suggestions to be applied if necessary for the chapter “the role of the Tatmadaw”. It agrees that the 14 collective points explained by the Work Committee Chairman should be adopted as detailed basic principles.

The party gives a suggestion concerning the point 2 “The Tatmadaw is mainly responsible for safeguarding the State Constitution”.

It says, as the Tatmadaw is the people's Tatmadaw, it was born of the independence struggle in which lots of blood and sweat were sacrificed. Hence it has the duty to always safeguard the independence. Hence, the party gives a suggestion to amend the point as follows:

“The Tatmadaw is mainly responsible for safeguarding independence and State Constitution.”

The party expresses an opinion to make an addition to the point 5 included in a collection of detailed basic principles explained by the Work Committee Chairman. As a means to facilitate the practical task of getting in touch with the people in mobilizing the entire public to take part in the national defence and security and ensure greater success in the task, the Tatmadaw should implement the task after seeking opinion from the National Defence and Security Council, instead of individually administering the public participation.

The party suggests 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 amended as “With the approval of the National Defence and Security Council, 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”.

Esteemed delegates,

Of the four papers presented by the representatives-elect group of the National Convention, which has eight delegate groups, the representatives of the National Unity Party and the Mro (or) Khami National Solidarity Organization presented the proposals of their respective parties.

Dr Hmu Htan of Thantlang Township Constituency, U Aung Thein of Ywangan Township Constituency, Shan State (South) and U Tun Kyaw of Namhsan Township Constituency, Shan State (North) in presenting their paper said, as the clarification made by the Work Committee Chairman are in conformity with the present age, all the 14 points should be adopted as detailed basic principles for the chapter “the role of the Tatmadaw”.

U Tin Win of Kyaiklat Township constituency-2, U Thein Kyi of Taungdwingyi Township constituency-1, U Hla Soe of Minbu Township constituency-2, U Mya Hlaing of Twantay Township constituency-2, U Kyi Win of Mingaladon Township constituency-1 and U Tin Tun Maung of Mingaladon Township constituency-2 discussed in support of the clarification made by the Work Committee Chairman.

They gave a suggestion concerning 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”.

They said, not the Tatmadaw alone will have to form people's militia strategy. The people will also have to participate in it. Only then will the people's militia strategy realize its aim. To ensure active public participation, the fact that the Tatmadaw has been forming the people's militia strategy in accord with the law should be obvious. In addition, there is another point “The Tatmadaw is mainly responsible for safeguarding the State Constitution”. They gave a suggestion to state the point as follows:

“The Tatmadaw has the right to administer for participation of the entire people in the State security and defence in accord with the prescriptions of the constitution.” Only then will it be linked with a point contained in the chapter “Citizenship and the Rights and duties of Citizens” — 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.

Delegate group of national races discussed in support of the clarification made by the Work Committee Chairman, saying, all the 14 points should be adopted as detailed basic principles.

The delegate group of peasants views all the 14 points explained by the Work Committee Chairman at the plenary session of the National Convention held on 10 January 2006 are sound and comprehensive and they should be adopted as detailed basic principles.

The suggestion presented by delegate group of workers is that the 14 points explained by the Work Committee Chairman to be adopted as detailed basic principles for the chapter “the role of the Tatmadaw” are suitable for the Tatmadaw that has the right to always serve the national politics of the nation and the people; and that they should be adopted as detailed basic principles.

The delegate group of intellectuals and intelligentsia views that all the 14 points explained by the Work Committee Chairman at the plenary session of the National Convention held on 10 January 2006 are essential detailed basic principles for the Tatmadaw that is safeguarding the constitution while discharging the national defence and security duties.

The delegate group of State service personnel presented a suggestion, agreeing to the adoption of all the 14 points explained by the Work Committee Chairman as detailed basic principles for the chapter “the role of the Tatmadaw” in formulating the constitution.

The delegate group of other invited persons approves the adoption of the 14 points explained by the Work Committee Chairman as detailed basic principles for the chapter “the role of the Tatmadaw”.

Its separate suggestion concerned with the detailed basic principle — The Tatmadaw is strong, modern and must be the sole existing brilliant and patriotic Tatmadaw.

As a means to help further cement national solidarity and to enhance the dignity of the Tatmadaw, the wording “the Tatmadaw, formed with the participation of various national races,” should be used. According to its suggestion, the point should be stated as follows:

“The Tatmadaw, formed with various national races, is strong, modern and must be the sole existing brilliant and patriotic Tatmadaw.”

Esteemed delegates,

Now I have completed my compilation of a collection of suggestions presented by delegate groups, political parties of the delegate group of political parties, and other delegate groups concerning the detailed basic principle for the chapters “Citizenship, and Rights and Duties of Citizens” and “the role of the Tatmadaw” to be included in formulating the constitution.

A large number of representatives of the delegate groups discussed in support of the clarification made by the Work Committee Chairman, saying the detailed basic principles should be adopted as explained by the Work Committee Chairman. Some delegates in addition to holding discussions in support of the clarification, gave separate suggestions. And with this I conclude.

Source: http://myanmargeneva.org/n-convention/NC_%2012%20Oct%2006%20Continues.htm