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Legislative Structure and essence of future state (11)

The framing of a constitution of a nation is to be in harmony with the background history and prevailing conditions of the nation.

In the colonial days, the colonialists exercised the divide-and-rule policy on the plain regions and the hilly regions, and showed a total disregard for border areas. So, national races in the border areas were suffering from deprivation in development.

Even though our nation regained independence, national races living in such far-flung regions had less contacts with the people in interior regions and other national races due to geographical barriers, poor transport, and internal armed conflicts.

So, such far-flung areas lagged behind in various sectors such as economic, social affairs, education, health and transport sectors if compared with other regions in the nation. Such an important matter was not stated in the 1947 Constitution. And the 1974 Constitution did not include any matters on border areas development.

But, the border areas development project has come into existence in the time of the Tatmadaw Government that has been upholding Our Three Main National Causes namely non-disintegration of the Union, non-disintegration of national solidarity, and perpetuation of sovereignty as the national policy.

The 17 armed groups and other small armed groups realized the benevolent attitude of the government to the nation and the people, and then returned to the legal fold. It was indeed a new chapter of the present era of the nation.

But the previous governments could not achieve success as much as that the Tatmadaw Government has done.

Measures have been taken to continue to speed up implementation of tasks for the development of border areas in future. One of the basic principles the National Convention has adopted says, “The State shall help promote socio-economic development including education, health, economy, transport and communications of less developed national races”.

The matters mainly included in the social sector are education, health, social affairs and labour functions. In this regard, the basic principles on the education and health the National Convention has adopted are:

- the State shall earnestly strive to improve education and health of the people;

- the State shall enact necessary laws to enable the national people to participate in matters of education and health of the people;

- the State shall implement free compulsory primary education system;

- the State shall implement a modern education system that will promote all-round correct thoughts and good morals and contribute towards building of the nation.

And the National Convention has adopted basic principles in connection with the national races. They are:

- the State shall help develop language, literature, fine arts and culture of the national races;

- the State shall promote solidarity, mutual amity and respect and mutual help among the national races; and

- the State shall help promote socio-economic development including education, health, economy, transport and communications of less developed national races.

The points included in the Union Legislative List regarding the social sector are:

(1) Curricula, syllabus, teaching methods, educational research, projects, programmes and standards;

(2) Universities, degree colleges and institutes and other higher institutes of learning;

(3) Examinations prescribed by the Union;

(4) Private schools and training courses;

(5) National sports;

(6) National health;

(7) Development of traditional medical science and medicines;

(8) Charitable hospitals and clinics and private hospitals and clinics;

(9) Maternal and child welfare;

(10) Red Cross Society;

(11) Counterfeiting of food, medicines, medicalequipment and cosmetics and mixing them with other ingredients;

(12) Caring children, youths, women, the disabled, the aged and homeless.

(13) Relief and rehabilitation;

(14) Fire Brigade;

(15) Working hours, breaks, holidays, and occupational safety;

(16) Labour disputes;

(17) Social security;

(18) Labour organizations;

(19) The matters managed by the Pyidaungsu concerning:

(a) ancient cultural or historical regions, edifices, monuments, records, stone inscriptions, ink inscription on stucco, palm leaves, handwritings, handiwork, inanimate objects and archaeological undertakings, and

(b) Museums and libraries;

(20) Literature, theatrical art, music, traditional arts and crafts, movies and videos, and

(21) Birth and death registration.

Matters put on the list of the Region/State Legislative List are:

(1) Traditional medicines that are not contrary to traditional medicine policies set by the Union;

(2) Social welfare tasks in regions or states;

(3) Fire prevention and natural disaster preparedness;

(4) Freight handling;

(5) Matters for which the region or the state has the right to supervise;

(aa) preservation of cultural heritage

(bb) museums and libraries

(6) Opera house, cinema hall and video house; and

(7) Photo, painting and sculpture exhibitions.

In connection with workers, the National Convention has laid down a basic principle, which says: the State shall enact necessary laws to protect the rights of workers. In connection with employment, a basic principle has been laid down: the State shall, as much as it can, help reduce unemployment among the people. In accordance with these basic principles the State shall enact necessary laws to create employment opportunities.

There is some criticism citing that although the workers organization is included in the detailed basic principle, peasants organization is not.

The International Labour Organization (ILO) is one of the international organizations. Our country has to maintain relations with ILO. So, there should be the labour organization. To see that there is no difference
or dispute over this organization the Union itself will have to enact laws. That is why the matter of the labour organization is put on the Union Legislative List. When the multi-party system is practised after the emergence of the Constitution, the peasants organizations will be formed in accordance with the associations law. Since, no separate law is necessary it is not put on the Union Legislative List.

In connection with the peasants, the National Convention has laid down the basic principles:

- the State shall enact necessary laws to protect the rights of peasants.

- the State shall help the peasantry get equitable value for their agricultural produce.

At present cultural traditions, customs and literature of national races are being promoted. On item 20 of the Union Legislative List, literature is stated.

When the discipline-flourishing democratic nation aspired for by the people comes into being, it is expected that the news and periodicals, TV and radio will play a greater role. I notice all possible measures are being taken for the development of private media. In my opinion, the press and media that follow the ethics and abide by the law are to be allowed to enjoy the freedom of press while necessary controls should be in force according to law to deal with violators.

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