Citizenship,Fundamental Rights and Duties of Citizens
The following is thepresentation of the Panel of Chairmen on suggestions of delegates to the National Convention for adoption of detailed basic principles to be included in drawing the State Constitution for the chapter “Citizenship,Fundamental Rights and Duties of Citizens” at the Plenary Session held today.
During the period, the delegate groups submitted 17 proposal papers as follows:
(a) Delegate group of the political parties (7) papers.
(b) Delegate group of the representatives-elect (4) papers
(c) Delegate group of the national races (1) paper
(d) Delegate group of the peasants (1) paper.
(e) Delegate group of the workers (1) paper.
(f) Delegate group of the intellectuals and intelligentsia (1) paper.
(g) Delegate group of the State service personnel (1) paper.
(h) Delegate group of the other invited persons (1) paper.
You delegates had listened to and known the proposal papers the delegate groups and some National Convention delegates read out at the plenary session of the National Convention. Now, we are going to present the panel of chairmen’s collection of these proposal papers.
At the plenary session held on 10 January 2006,the Work Committee Chairman said, “In drafting an enduring State Constitution for our nation, it is required to prescribe the Chapter “Citizenship, Fundamental Rights and Duties of Citizens”. Only then, will a citizen be able to understand well, when studying the Constitution, the requirements to be citizenship, what the fundamental rights entrusted to the citizens according to the Constitution are, and what kinds of duties they have to carry out in the interests of the State are.
“1. All persons who have either one of the following requirements are citizens of the Union of Myanmar —
(a) All persons born of parents both of whom are nationals of the Union of Myanmar
2. Citizenship, naturalization and revocation of citizenship shall be prescribed by the law
3. The State shall enable any citizen to enjoy equal rights before the law and shall equally provide legal protection
4. The State shall not discriminate against or in favour of any citizen based on race, birth, religion, official position, status, culture, sex and wealth.
5. Citizens shall enjoy equal rights in the following spheres —
(a) civil service
6. Women shall be entitled to the same rights and salaries as that received by men in respect of similar work
7. Mothers, children and expectant women shall enjoy rights as prescribed by law
8. The State shall, in appointing or assigning duties, not discriminate against or in favour of any citizens with qualifications set for posts 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
9. Nothing shall, except in accord with existing laws, be detrimental to the lives and personal freedom of any citizens
10. 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
11. Every citizen shall have the right to settle and reside in any place within the State according to the law
12. The State shall, according to the law, protect every citizen’s belongings and property lawfully earned and acquired
13. The State shall, by law, protect the premises and security of the home, property, correspondence and other communications of citizens subject to the provisions of this Constitution
14. The State prohibits enslaving of man and trafficking in persons
15. The State prohibits any form of forced labour except hard labour as a punishment for crime duly convicted and duties assigned thereupon by the State in accord with the law for public interests
16. Any person is equally entitled to freedom of conscience and the right to freely profess and practice religion subject to public order, morality or health and to the other provisions of the State Constitution
17. The above right shall not include any economic, financial, political or other secular activities that may be associated with religious practice
18. The freedom so guaranteed shall not prohibit the State from enacting laws for the purpose of social welfare and reform
19. The State recognizes the special position of Buddhism as the faith professed by the great majority of the citizens of the State
20. The State also recognizes Christianity, Islam, Hinduism and Animism as religions existing in the Union on the date of the coming into force of the State Constitution
21. The State shall render assistance and protect as it possibly can the religions it recognizes
22. The abuse of religion for political purposes is forbidden; and any act which is intended or is likely to promote feelings of hatred, enmity or discord between racial or religious communities or sects which is contrary to the State Constitution. A law may be adopted to punish such actions.
23. Every citizen shall, in accord with the law, have the right to freely develop literature, culture, arts, customs and traditions they cherish. In the process, they shall avoid any act which is to the detriment of national solidarity. Any particular action in this respect which might adversely affect the interests of one or several other national races shall be taken only after consultation and amicable settlement with those affected.
24. Every citizen, in accord with the education policy laid down by the Union, shall —
(a) have the right to education
25. The State shall encourage and provide, based on qualifications, assistance for citizens outstanding in the education, irrespective of race, religion, and sex
26. Subject to this Constitution and relevant laws, every citizen shall have the right to elect and to be elected to the Pyithu Hluttaw, the Amyotha Hluttaw, the Region or State Hluttaw;
27. Respective electorate shall have the right to recall a Hluttaw member in accord with the law.
28. Every citizen shall have the right to freely operate any business activity in accord with the law for the national economic development.
29. The State shall help national businessmen have access to technologies, investments, machinery, and raw materials
30. In operating businesses without prejudice to the law, every citizen is guaranteed the rights of property ownership, using assets, initiation, and copyright by the Union.
31. Subject to provisions of this Constitution or existing laws, the State guarantees the right of ownership of property, using of assets and initiation and copyright in operating business activities. Moreover, he shall not be subject to a penalty greater than that is applicable.
32. Any person convicted or acquitted by a competent court for an offence he shall not be retried unless a superior court annuls a judgment and orders to retry the case.
33. An accused shall have the right of defence in accordance with law.
34. No citizen shall, except matters on precautionary measures taken in accordance with law for the security of the State or prevalence of law and order or the peace and tranquillity and interests of the people or matters permitted under an existing law, be held in custody for more than 24 hours without the remand of a competent magistrate.
35. The right to apply to the Supreme Court of the Union through appropriate proceedings for the obtainment of the rights guaranteed under this chapter.
36. In order to bestow the rights granted under this chapter the Supreme Court shall have the power to issue the following writs as appropriate.
(a) Writs of Habeas Corpus
37. At the time of occurrence of the following situations, the power to issue writs under paragraph 36 shall not be suspended unless the public safety may so require.
(a) in time of war,
38. Every citizen, at home or abroad, dealing with foreign countries shall have the right to seek protection of the State;
39. Except in the following situations, the grievances of the citizens legally entitled under law shall not be refused —
(a) in time of invasion,
40. If some of the rights prescribed in this chapter that concern members of the defence forces or the forces charged with the maintenance of public order so as to ensure fulfilment of their duties and the maintenance of discipline are needed to be restricted or abrogated, they shall be done so only through enactment of necessary law.
41. Every citizen is under a duty to uphold:
42. Every citizen is under a duty to abide by the provisions of the Constitution
43. Every citizen is under a duty to safeguard independence, sovereignty, territorial integrity of the Union of Myanmar
44. Every citizen, charged with Union Spirit, is under a duty to enhance unity among national races and to ensure community peace and stability
45. Every citizen is under a duty to build a modern developed nation
46. Every citizen is under a duty to undergo military training in accord with the provisions of the law and to serve in the armed forces to defend the State
47. Every citizen is under a duty to pay taxes to belevied according to the law.
48. In this Chapter “The State” means a body that exercises legislative and executive powers according to this Constitution.
Regarding the clarification, of the seven political parties of the delegate group of political parties, a delegate group of the National Convention, the National Unity Party said, “In view of the constitutions of nations in the world, it is found that the constitutions of many countries state citizenship, fundamental rights and duties of citizens, and so do the 1947 constitution and the 1974 constitution of Myanmar. An enduring State constitution manifests citizenship and fundamental rights of the citizens as well as the duties of the citizens. The clarification of the Work Committee covers these two characteristics, so it is found appropriate.
(1) points on citizenship (2)
Mro (or) Khami National Solidarity Organization said, “After studying the clarification of the Work Committee Chairman, we noticed all the 48 points should be adopted as detailed basic principles.
Of the four proposal papers submitted by the delegate group of representatives-elect, the stances of the representativ1es of the National Unity Party and Mro (or) Khami National Solidarity Organization have been presented through the coordination of the political parties concerned of the delegate group of political parties. The suggestions of respective representatives are the same as those discussions.
U Hla Tin of Delegate Group of State Service Personel.
Dr Kan Zaw of National Convention Wrok Committee.
The delegate group of national races recommended the 48 points the Work Committee Chairman explained for the adoption of the Chapter “Citizenship, Fundamental Rights and Duties of Citizens”. Para (24) says “Every citizen, in accord with the education policy laid down by the State, shall have the right to education”. However, nothing is stated concerning health matter. So, “Every citizen, in accord with the health policy laid down by the State, shall have the right to health care” should be added to the para.
The delegate group of peasants recommended that the 48 points the Work Committee Chairman collected for the adoption of the Chapter “Citizenship, Fundamental Rights and Duties of Citizens” to be included in the State constitution should be adopted as detailed basic principles. Esteemed delegates, The delegate group of workers also recommended the 48 points.
The delegate group of intellectuals and intelligentsia said that the 48 points and 29 paras for the adoption of the Chapter “Citizenship, Fundamental Rights and Duties of Citizens” to be included in the State constitution represent the rights of the national races, so they should be adopted as detailed basic principles.
(a) Every citizen has the duty to cherish and value the national cultural heritage.