Union Kayin League supports adoption of all detailed basic principles of chapters
concerning citizens and Tatmadaw

YANGON, 25 Jan — The following is a translation of the suggestion presented by U Mahn Tin Maung (a) U Mahn Myo Nyunt of Union Kayin League at the National Convention today.

Now we are going to discuss the 48 points concerning the Citizenship, Fundamental Rights and Duties of Citizens and the 14 points concerning the Role of the Tatmadaw explained by the Chairman of National Convention Convening Work Committee.

Concerning the citizenship the following points should be adopted as detailed basic principles

(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

The National Convention has already adopted the six basic principles concerning the justice, equality and liberty that are the worldly values and genuine democracy practices. Moreover the points explained by the Work Committee Chairman in connection with religion, gender, social status, maternity rights and other matters contained in the paras 3 to 8 are suitable to be adopted as detailed basic principles.

The five points regarding the citizens’ freedom covers the freedom of speech, freedom of publication, freedom of expression, freedom of assembling, formation of organizations, protection of property, State security, the rule of law and community peace. Thus, the points contained in the paras 9 to 13 should be adopted as detailed basic principles. As regards slavery and forced labour, the paras 14 and 15 should be adopted for the constitution. The National Convention laid down seven detailed basic principles in connection with the religious freedom, and we find them appropriate to be adopted for the constitution.

The clarifications of the Work Committee Chairman include cultural sector, education opportunities, and literature, culture and arts of the national races. In our view the paras 23 and 25 stipulating the said matters should be adopted.

The two points regarding the elections is comprehensive for the multiparty democracy system. Thus, we would like to suggests that the paras 26 and 27 should be adopted. The State will have to guarantee economic freedom in accord with law and render assistance for obtaining technology, investment, raw materials. Thus we are in support of adopting the paras 28 to 30.

As regards the criminal procedures, the Work Committee Chairman explained four points, and we are in favour of adopting them as detailed basic principles for the constitution.

In our view, the paras 35 to 40 in connection with Citizens’ right to seek protection of the State and other matters should be adopted as detailed basic principles.

The paras 41 to 47 deal with responsibilities of citizens to uphold Our Three Main National Causes, abide by the Constitution, safeguard independence, sovereignty, territory of the Union of Myanmar, ensure community peace and stability, build a modern developed nation, undergo military training, serve in the armed forces to defend the State, and pay taxes to be levied according to the law. Thus we agree that the paras should be adopted as detailed basic principles.

As the para 48 comprehensively explains the definition of the term “the State” it should be included in the Constitution. All in all, we would like to say that all the 48 points of the chapter should be adopted as detailed basic principles.

Now, I will give suggestions on the chapter “the Role of the Tatmadaw”. The National Convention adopted the six basic principles on the chapter. The nation’s security and perpetuation can be guaranteed only if the Tatmadaw is strong. The Work Committee Chairman explained that the nation fell apart and lost her independence and sovereignty during the time when the Tatmadaw was weak. The Work Committee chairman also explained the military build-up of the neighbouring nations.

The National Convention has already adopted the basic principle concerning the existence of a strong and modern Tatmadaw. As explained by the Work Committee Chairman, the point “The Tatmadaw is strong, modern and must be the sole existing brilliant and patriotic Tatmadaw” should be adopted.

Concerning the Tatmadaw’s duty for safeguarding the State Constitution, and Our Three Main National Causes — non-disintegration of the Union, non-disintegration of national solidarity and perpetuation of sovereignty, the paras 2 and 3 should be adopted.

As the paras 4 and 5 include the Tatmadaw’s duty of safeguarding the Union of Myanmar and right to administer for participation of the entire people in the State security and defence, they should be adopted.

We are in favour of adopting the paras 6, 7 and 8 which concern the task of commanding all armed forces in the nation and designating the official position of the Commander-in-Chief of Defence Services.

The party finds the para 9 regarding the Commander-in-Chief of Defence Services and the para 10 suitable to be adopted as detailed basic principles for the constitution. We also would like to suggest that the following points should be adopted:

“Military justice for members of the Tatmadaw may be administered according to law by a collective organ or by a judge”

“The decision of the Commander-in-Chief of the Defence Services is final and conclusive in military justice”

“A Law shall be enacted to provide assistance and care for families of the disabled or fallen Tatmadaw members”

“The Tatmadaw shall render assistance to the people upon occurrence of a calamity in the Union that affects the nation and the people”

As the 14 detailed basic principles of the Role of the Tatmadaw and the 48 detailed basic principles in connection with the Citizenship, Fundamental Rights and Duties of Citizens are in accord with the worldly values and six objectives of the National Convention, they all should be adopted as provisions of the new Constitution.