Every citizen is responsible to abide by the provisions of the Constitution

YANGON, 10 Jan— The following is a translation of presentation on clarifications of National Convention Convening Work Committee Chairman concerning the detailed basic principles for the Chapter Citizenship, Fundamental Rights and Duties of Citizens to be included in the State Constitution by member of National Convention Convening Commission Deputy Attorney-General Dr Tun Shin at the plenary session of the National Convention this morning.

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 tranquillity; 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.

So, regarding the duties of citizens, discussions are to be held and suggestions to be made so as to assess the point that the detailed basic principle—

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“1. Every citizen is responsible to uphold:

(a) Non-disintegration of the Union

(b) Non-disintegration of national solidarity

(c) Perpetution of sovereignty

2. Every citizen is responsible to abide by the provisions of the Constitution

3. Every citizen is responsible to safeguard independence, sovereignty, territory of the Union of Myanmar

4. Every citizen, equipped with Union Spirit, is responsible to enhance unity among national races and to ensure community peace and stability

5. Every citizen is responsible to build a modern developed nation

6. Every citizen is responsible to undergo military training in accord with the provisions of the law and to serve in the armed forces to defend the State

7. Every citizen is responsible to pay taxes to be levied according to the law.”

should be adopted or not.

In the provisions for the Chapter Fundamental Rights in the constitutions of some nations, the word the State is stipulated together with its definition. The word The State is defined in the provision Fundamental Rights stipulated in Sector (2) of the 1947 Constitution. So, in adopting the detailed basic principles for the Chapter Citizenship, Fundamental Rights and Duties of Citizens, the National Convention should adopt the definition of the word The State as a detailed basic principle to specify what bodies are meant for the word The State.

So, regarding the word The State, discussions are to be held and suggestions to be made so as to assess the point that the detailed basic principle—

The word The State stipulated in this Chapter means a body that exercises legislative and executive powers according to this Constitution,

should be adopted or not.

Based on the findings and reviews I have discussed, I would like to present the detailed basic principles as a whole regarding 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 be 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

(c) trade

(d) business

(e) technical know-how and vocation

(f) exploration of science & 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

(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

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 judgement 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 & order or the peace & 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

(c) Writs of Prohibition

(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,

(c) in time of rebellion.

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 grievences of the citizens legally entitled under law shall not be refused —

(a) in time of invasion,

(b) in time of rebellion,

(c) in time of emergency.

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 oorder 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 responsible to uphold:

(a) Non-disintegration of the Union

(b) Non-disintegration of national solidarity

(c) Perpetuation of sovereignty

42. Every citizen is responsible to abide by the provisions of the Constitution

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

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

45. Every citizen is responsible to build a modern developed nation

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

47. Every citizen is responsible 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.

In conclusion, I would like to urge the delegates to hold discussions and submit proposals to decide whether the detailed basic principles I have presented shall be adopted or not regarding the Chapter “Citizenship, Fundamental Rights and Duties of Citizens” of the Constitution.