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

YANGON, 10 Jan— The following is a translation of clarifications concerning the detailed basic principles for the Chapter Citizenship, Fundamental Rights and Duties of Citizens to be included in the State Constitution made by National Convention Convening Work Committee Chairman U Aung Toe at the plenary session of the National Convention this morning.

I would like to present the findings of the National Convention Convening Work Committee regarding the detailed basic principles for the Chapter Citizenship, Fundamental Rights and Duties of Citizens to be included in the State Constitution.

In drafting the State Constitution for our nation, it is required to prescribe the Chapter Citizenship, Fundamental Rights and Duties of Citizens. Only then, will a person understand, when studying the Constitution, the requirements to be citizenship, what the fundamental rights entrusted to the nationals according to the Constitution are, and what duties they have to carry out in the interests of the State are.

A glance at the constitutions of world nations, it is found that many of them draw a 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.

Generally, the fundamental rights that should be prescribed in the Constitution are requirements to be citizenship, the equality before the law, the freedom of expression, the freedom of publication, the right to organize, the right to settle and reside in any part of the Union, the right to acquire property, the right of privacy and security of premises, the right of being free from forced labour, the right to profess and practice any religion of one’s belief, the right to develop the arts, education, literature and other branches of culture, the right to elect and to be elected to the Hluttaws, the right to freely operate any business activity permitted by the State, the right to be put under arrest, investigated and tried only in accordance with prescribed laws in criminal cases, the right to enforce remedies for loss & damages and so forth. The citizens, in enjoying these rights, shall not harm Our Three Main National Causes namely Non-disintegration of the Union, Non-disintegration of national solidarity, and Perpetuation of sovereignty that they should always uphold for perpetual existence of the State.

Moreover, since the time immemorial, all the national races have been living in our Union keeping eggs and nest intact. The national races, while in search of greener pasture, have settled in the regions of the Union in amity and harmony. Now, smooth transport has helped further cement amicable relations among the national ethnic groups in various regions across the Union. Some characteristics of the customs and traditions of the national races are similar in essence, and some are different from one another. They have their own arts they cherish, and some national tribes have own literature.

The people need to take great care in enjoying the fundamental rights according to the Constitution in order not to harm the unity among the national races, and the culture, customs, traditions, arts and literature of a national race cannot be adversely affected by another national race.

It cannot be said that the fundamental rights come into force by mere inserting and adopting them by the Constitution. It is required to make the fundamental rights meaningful by means that the people realize and enjoy them correctly, enforcing constitutional remedies in accord with the law if they are deprived of their fundamental rights bestowed by the Constitution. If the citizens, instead of that, choose violent means, they will lose the fundamental rights. Therefore, to enjoy the fundamental rights bestowed by the Constitution the citizens need to exercise in a justified and fair manner.

I would like to present the findings of the Work Committee regarding being citizenship, a fundamental right. The National Convention has laid down a principle for this point as follows —

“All persons born of parents both of whom are nationals are citizens of the nation. Persons who are vested with citizenship according to the existing laws on the date this Constitution comes into force are also citizens. Citizenship, naturalization and revocation of citizenship shall be as prescribed by law.”

It is presumed that this principle the National Convention has laid down is appropriate for citizenship, naturalization and revocation of citizenship. A similar principle is prescribed in the 1974 Constitution. So, regarding citizenship, discussions are to be held and suggestions to be made so as to assess the point that the detailed basic principle the National Convention has laid down:

“(1) All persons who have either one of following requirement 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 should be adopted in the Chapter Citizenship, Fundamental Rights and Duties of Citizens or not.

Now, I would like to present the findings of the Work Committee regarding the right of equality and the right of freedom to be included in the fundamental rights of the citizens. Regarding the right of equality and the right of freedom, the National Convention has laid down a basic principles as follows:

Every citizen shall enjoy the rights of equality, rights of liberty, and rights of justice etc. as prescribed in the State Constitution.

The rights of equality, the rights of liberty, and the rights of justice are the noblest and worthiest of worldly values. In other words, such values are democratic rights the people should enjoy in building a democratic nation. Of them, we all have upheld the value Equality before the law in all seriousness. All the citizens in the State shall be equal before the law and shall have equal protection of law.

Moreover, all citizens are equal before the law irrespective of race, birth, religion, official position, culture, sex and wealth. Expectant women, mothers, and children shall enjoy those rights prescribed by law. No citizens, racial, religious and sexual, shall be discriminated against in regard to government employment. However, only men shall, in the interests of the State, be appointed to the positions that are naturally suitable for men only.

So, regarding ensuring equality among citizen, discussions are to be held and suggestions to be made so as to assess the point that the detailed basic principle:

“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”

should be adopted or not.

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 tranquillity apart from the historical, political, economic and social aspects of respective nations. Similarly, the provisions on the fundamental rights in the 1947 Constitution and the 1974 Constitution were prescribed as they were in conformity with the prevailing situations at respective times. In addition, our nation should not let itself lose sight of the invaluable knowledge that some nations that hastily transformed themselves into democratic ones without necessary good foundations for democratic practices are having their peace & tranquiliity affected and encountering hardships.

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

“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” should be adopted or not.