The State also
recognize Islam, Christianity, Hinduism and Animism as some religions existing
in the Union on the date of the coming into force of the State 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 Secretary of National Convention Convening Work Committee U
Thaung Nyunt at the plenary session of the National Convention this morning.
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 under
law, and the State's assigning duties in accord with the law in the interests of
the State and the people. In the 1947 Constitution of our nation were some
provisions that prohibited such unjust matters.
So, regarding enslaving of man and forced labour, discussions
are to be held and suggestions to be made so as to assess the point that the
detailed basic principle—
“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”
should be adopted or not.
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 promote feelings of enmity, conflicts and
disagreements between racial or religious communities or sects.
The detailed basic principles the National Convention has
laid down, regarding religious faiths, are:
“1. Every citizen 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 recognize the special position of Buddhism as
the faith professed by the great majority of the citizens of the State
5. The State also recognize 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 promote 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.”
The right of religious freedom should cover not only the
citizens but also foreign registration citizens. The 1947 Constitution bestowed
the right of religious freedom covering all people including the citizens.
So, regarding the right of religious freedom, with reference
to the basic principles the National Convention has laid down, discussions are
to be held and suggestions to be made so as to assess the point that the
detailed basic principle—
“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 recognize the special position of Buddhism as
the faith professed by the great majority of the citizens of the State
5. The State also recognize 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 promote 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.”
should be adopted or not.
More than one hundred national races live in our nation. Some
customs, culture and arts of the national races are similar and some are not.
The majority of the national races use Myanmar language and literature, and some
national races have own languages and literature. So, national races should have
the right to freely develop own literature, culture and traditions.
Regarding the education, every citizen should be given
education in accord with the education policies. High literacy rate plays an
important role in building a modern developed nation. It is a unforgettable
lesson taken from the nation’s history that in the colonial days, some national
peasant farmers who did not enjoy the right to pursue education lost their
farmland unjustly due to deception of unscrupulous persons. So, it is required
to enact a law that every citizen shall be given basic education as compulsory.
And every citizen should have the right to pursue science and to carry out
innovation in literature and arts. However, a national race, in enjoying this
right, will have to avoid any particular action in this respect which might
adversely affect the literature, culture and arts of other national races. The
State shall, in the education aspect, encourage and provide assistance for
citizens outstanding in education irrespective of race, religion, and sex.
So, regarding the right on education, discussions are to be
held and suggestions to be made so as to assess the point that the detailed
basic principle—
“1. Every citizen shall, in accord with the law, have the
right to freely develop literature, culture, arts, customs and traditions they
love. 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 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.”
should be adopted or not.
I would like to present the findings of the Work Committee
regarding the detailed basic principles for the rights to elect and to be
elected.
Now, the number of the population of our nation has touched
more than 50 million and it is growing day after day. The State will exercise
the multi-party democracy system after the approving of the State Constitution.
Now, all necessary foundations are being built to achieve this goal. In a
democratic nation, the State’s sovereignty resides in the people. However,
practically all the people cannot assemble, discuss and decide matters on
sovereignty in a single place. So, 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.
So, regarding the rights to elect and to be elected,
discussions are to be held and suggestions to be made so as to assess the point
that the detailed basic principle—
“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;
2. Respective electorate shall have the right to revoke the
duties of a Hluttaw member in accord with the law”
should be adopted or not.
A basic principle has been adopted to designate the
market-oriented economic system as a national basic principle. National economic
development plays a major role in the drive for proper evolution of the
market-oriented economic system. With the national economic development, the
nation will enjoy all-round development. 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.
So, regarding the rights to do businesses, discussions are to
be held and suggestions to be made so as to assess the point that the detailed
basic principle —
Every citizen shall have the right to freely do business in
accord with the law for the national economic development
“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”
should be adopt or not.
I have presented matters to adopt the detailed basic
principles for the citizens to enjoy equality before the law and equal legal
protection as well as the matter that nothing shall, except in accord with
existing laws, be detrimental to the lives and personal freedom of any citizens.
And citizens should also enjoy the rights in relation to criminal law. An
accused should be convicted of crime in accord with the law at the time of the
commission of the offense, nor shall he be subjected to a penalty greater than
that applicable. Except the matter for which a next higher court revokes a
judgment and orders to rehear the case regarding the judgment 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.
One of the detailed basic principles laid down says, There
shall be no right to hold a citizen in detention for more than 24 hours without
the permission of a law court. Not just the citizens but foreign registration
citizens should have that detailed basic principle.
So, regarding the rights in relation to criminal law,
discussions are to be held and suggestions to be made so as to assess the point
that the detailed basic principle—
“1. An accused should be convicted of crime in accord with
the law at the time of the commission of the offense, nor shall he be subjected
to a penalty greater than that applicable
2. Except the matter for which a next higher court revokes a
judgment and orders to rehear the case regarding the judgment 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”
should be adopted or not.