Fourteen points for the Role of the Tatmadaw appropriate to be adopted as detailed basic principles

YANGON, 26, Jan—The following is a translation of the proposals of the Mro (or) Khami National Solidarity Organization for the clarifications, made by National Convention Convening Work Committee Chairman U Aung Toe at the National Convention, to the detailed basic principles that should be adopted for the Citizenship, Fundamental Rights and Duties of Citizens, and the Role of Tatmadaw to be included in the State Constitution, submitted by U Maung Pein (a) U Khin Maung Thein of the Mro (or) Khami National Solidarity Organization.

In his clarifications to the detailed basic principles made on 10 January this year for the Chapters ‘the Citizenship, Fundamental Rights and Duties of Citizens, and the Role of the Tatmadaw’ to be included in the State Constitution, the Work Committee Chairman said that the Citizenship, Fundamental Rights and Duties of Citizens shall be stipulated precisely and clearly in framing an enduring Constitution. Only then, will citizens be able to understand, when studying the Constitution, the requirements to be citizens, 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. In the constitutions of many nations, the 1947 Constitution, and the 1974 Constitution, Citizenship, Fundamental Rights and Duties of Citizens are stated in a chapter.
The Work Committee also explained that generally, the fundamental rights that should be prescribed in the Constitution are requirements to win 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 practise 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, and ensuring not harming 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.

Since 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. 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 ethnic groups have own literature.

The Work Committee Chairman elaborated that 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; that 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 ensuring 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; and that 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. We made a thorough study on his explanations. Regarding the citizenship, the basic principle “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” has been already laid down in the National Convention and is appropriate. He called for discussions to decide that —

(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 accord ing 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.

The Work Committee Chairman also explained that 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 characteristics are democracy rights, to which the people shall have access in building a genuine democratic nation. All citizens are equal before the law irrespective of race, birth, religion, official position, culture, sex and wealth. He also made clarifications to:

- equality and freedom,

- enslavement and forced labour,

- religious rights,

- cultural and educational rights,

- the rights to vote and to be elected,

- the rights to do businesses,

- the rights on crimes,

- enforcement of remedies according to the Constitution,

- duties of citizens, and

- the word “The State”.

We found that the explanations are suitable, and so the 48 points should be adopted as detailed basic principles in the Chapter “Citizenship, Fundamental Rights and Duties of Citizens”.

At the plenary session of the National Convention held on 10 January this year, the Work Committee Chairman also explained the detailed basic principles that should be adopted for the Chapter “The Role of Tatmadaw”.

At the plenary session of the National Convention held on 16 January 1993, he explained that the basic principles for the Role of Tatmadaw:

(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.

(c) the Defence Services Commander-in-Chief is the Supreme Commander of all armed 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, should be adopted.

The Work Committee Chairman added that if there is a state, there must be an institution to defend it. And the institution is none other than the armed forces “the Tatmadaw’. As the Tatmadaw’s duty is the national defence, the security and perpetuation of the state can be guaranteed only if the Tatmadaw is strong.

We have already witnessed the Tatmadaw’s role in ensuring Our Three Main National Causes throughout Myanmar history, with the national aim of serving the interest of the nation and the people to the most possible degree. The Tatmadaw has been discharging the national duty for the safety of the lives and property of the people, and for the nation to stand tall with dignity in the world perpetually as a peaceful and prosperous state. The Tatmadaw must be strong to carry out the task dutifully.

We thoroughly assessed his clarifications, comparing with prevailing conditions of our nation and the principles of some nations.

The Tatmadaw was conceived with the aim of throwing the yoke of slavery. The Work Committee Chairman presented 14 points for the Role of the Tatmadaw that should be adopted as detailed basic principles.

We find that these 14 points are appropriate, and so they should be adopted as detailed basic principles.