Only when the Tatmadaw is strong, will it be able to discharge State security and defence duties and
protect and safeguard sovereignty and lives and property of the people

YANGON, 26 Jan—The following is a translation of the proposals of the Kokang Democracy Unity Party 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 Khin Maung Aye of the Kokang Democracy Unity Party yesterday .

We have reviewed the discussions of the National Convention Convening Work Committee.

Then, we found that the clause “Citizenship, Fundamental Rights and Duties of Citizens” indicates requirements to win citizenship. It is stated that:

- 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. So, that prescriptions conform to the conditions of Myanmar where various national races are making their homes in harmony.

Every citizen has the right to enjoy fundamental rights as prescribed by this Constitution in a just way. The noblest and worthiest of worldly values such as equality, liberty, and justice are democratic rights of citizens. So, the citizens have the rights to enjoy them.

We consider that full implementation of the characteristic “equality before the law” is a point of democratic practice.

We have to learn lessons from the incidents of the nations where colour, class and racial discrimination is still in existence and causing internal instability.

According to the records, we learn that our nation is home to 135 national races.

These national races (citizens) have different faiths, customs, culture, arts, literature, and languages. So, the principle “Every citizen shall, in accord with the law, have the right to freely develop literature, culture, arts, customs and traditions they love” is key to non-disintegration of national solidarity and they are fundamental rights of citizens.
The prescription of the fundamental right — freedom of speech, press, assembly, procession, association, settlement in the State, property ownership and security of premises — can shape the brighter future of the entire national people. And only when such a fine fundamental right is practised, will the nation be transformed into a developed, peaceful and modern one. Opposition against the enslaving of human and trafficking in persons is humanism.

In accordance with the educational policies laid down by the State regarding the education sector, the principle that “every citizen shall

- have the right to pursue education,

- pursue the free compulsory primary education as prescribed by the law” is a fundamental policy of the national education. Promotion of the education standard of the entire nation means the raising of the standard of the State.

Moreover, it is stated that 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. That will help ensure all-round development of the national economic sector and enhance the definition of the words ‘fundamental rights of citizens’.

Citizens are bestowed with fundamental rights, and are to conscientiously discharge the duties stated in the Constitution. Some of the duties of citizens are to uphold Our Three Main National Causes that can guarantee perpetual existence of the motherland, and every citizen is responsible to safeguard independence, sovereignty and territory of the State.

The definition of the word “The State” and the explanations made by the Work Committee Chairman are appropriate, and so they should be adopted for the Chapter “Citizenship, Fundamental Rights and Duties of Citizens”.

Two of the basic Principles as regards the Role of the Tatmadaw are:

- the Tatmadaw is strong, modern and must be the sole existing Tatmadaw,

- the Tatmadaw is mainly responsible for safeguarding non-disintegration of the Union, non-disintegration of national solidarity and perpetuation of sovereignty.

These basic principles are of great importance and essence for the State and the entire national people.

Past historic evidences have borne a profound witness to the fine tradition of the Tatmadaw that it has showed its brilliant performances in times of emergency.

All the nations implement political, economic, social and defence duties enlisting the mighty power of the Tatmadaw concerned.

It is found that only when the Tatmadaw is strong, will it be able to discharge State security and defence duties and protect and safeguard sovereignty and lives and property of the people.

The Work Committee’s findings comprise the duties of the Tatmadaw, the role, duties and rights of the Commander-in-Chief of Defence Services, conduct of military conduct, and the duty to take care of the families of the Tatmadaw members. So, I would like to suggest that they should be adopted as detailed basic principles.