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.
Esteemed delegates,
At the National Convention held from 24 to 30 January 2006, representatives of the delegate groups concerned submitted their proposals and held discussions for the adoption of detailed basic principles for the Chapter “Citizenship, Fundamental Rights and Duties of Citizens” and Chapter “The Role of the Tatmadaw” to be included in State constitution.

Esteemed delegates,

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.
Having a glance at the constitutions of world nations, it is found that many of them draw a separate chapter “Citizenship, Fundamental Rights and Duties of Citizens”. The 1947 Constitution of our nation includes a chapter “Fundamental Rights” that prescribes the fundamental rights for the citizens. And the 1974 Constitution includes a chapter “Fundamental Rights and Duties of Citizens”.
The Work Committee Chairman said, “Based on the findings and reviews I have discussed, I would like to present the detailed basic principles as a whole that should be adopted for the Chapter Citizenship, Fundamental Rights and Duties of Citizens” of the Constitution.

“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
(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

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
(b) occupation
(c) trade
(d) business
(e) technical know-how and vocation
(f) exploration of science and technology

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
(b) The right of the citizens to assemble peacefully without arms
(c) The right of the citizens to form associations and unions
(d) The right of the citizens to develop their language, literature, culture they cherish, religion they profess, and customs without prejudice to the relations between one national race and another, or among national races and to other faiths

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
(b) be given basic education prescribed by thelaw as compulsory
(c) have the right to innovate and express conscience for the development of science, literature and arts, and freely conduct research on culture

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
(b) Writs of Mandamus
(c) Writs of Prohibition
(d) Writs of Quo Warranto
(e) Writs of Certiorari
The right to issue writs by the Supreme Court of the Union shall not affect the right to issue orders which are in the nature of writs by other courts invested to them under existing laws.

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,
(b) in time of invasion,
(c) in time of rebellion.

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,
(b) in time of rebellion,
(c) in time of emergency.

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:
(a) Non-disintegration of the Union
(b) Non-disintegration of national solidarity
(c) Perpetuation of sovereignty

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.
Besides, as a separate suggestion, there is a principle “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”.
“That point guarantees equality of men and women irrespective of race, religion, sex and wealth, and contributes towards effective use of human resources in the interests of the State, winning the support of the mass of women and the people. So, it is appropriate. The principle also says, “However, nothing in this section shall prevent appointment of men to the positions that are naturally suitable for men only”. Here, we would like to make a suggestion that instead of prescribing it in the State constitution, the point should be implemented by prescribing separate laws, and by issuing orders and directives by ministries concerned”.
The Union PaO National Organization suggested the 48 points for the Chapter “Citizenship, Fundamental Rights and Duties of Citizens” should be adopted as detailed basic principles as follows:

(1) points on citizenship (2)
(2) points on equal rights of citizens(6)
(3) points on freedom to rights (5)
(4) points on enslaving and forced labour of citizens (2)
(5) points on religious faiths (7)
(6) points on rights to culture and education (3)
(7) points on voting and standing for elections (2)
(8) points on rights to business activities (3)
(9) points on criminal cases (4)
(10) points on equal protection of law (6)
(11) points on duties of citizens (7)
(12) point on the definition of the word

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.
“So, we would like to suggest that these 48 points presented by the Work Committee Chairman should be adopted as detailed basic principles for the Chapter “Citizenship, Fundamental Rights and Duties of Citizens” to be included in the State constitution.
Lahu National Development Party suggested that the 48 points the Work Committee Chairman clarified regarding the Chapter “Citizenship, Fundamental Rights and Duties of Citizens” should be adopted as detailed basic principles.
The Union Kayin League said that the 48 points the Work Committee Chairman clarified regarding the Chapter “Citizenship, Fundamental Rights and Duties of Citizens” should be adopted as detailed basic principles.
Kokang Democracy and Unity Party recommended that the clarification to the meaning and definition of the word “The State” in the Chapter “Citizenship, Fundamental Rights and Duties of Citizens” and the basic detailed principles for citizenship, fundamental rights and duties made by the Work Committee Chairman are particularly appropriate. So, they should be adopted as detailed basic principles.
Wa National Development Party said that regarding the detailed basic principles laid down for the Chapter “Citizenship, Fundamental Rights and Duties of Citizens” to be included in the State constitution, the Work Committee Chairman’s clarification is appropriate for the adoption of 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.
Independent representatives-elect Dr Hmu Htan of Thantlang Township constituency in Chin State, U Aung Thein of Ywangan Township constituency in Shan State and U Tun Kyaw of Namhsan Township constituency in Shan State (North) from the delegate group of representatives-elect recommended the 48 points the Work Committee Chairman clarified for the Chapter “Citizenship, Fundamental Rights and Duties of Citizens” to be included in the State constitution.
As a separate suggestion, they said, “It is needed to take great care in drawing a State constitution. And the already-formulated constitution needs to be constantly effective at any times and any situations regardless of region and person and to be resistant to any criticisms. Therefore, it is required to specifically prescribe by-laws, procedures and provisions of a State constitution.
“We would also like to present facts about the rights to equality. It has been prescribed that the future nation will be built through multi-party democracy system and the market-oriented economic system. Under the market-oriented economic system, the nation will have to deal with other nations commercially. Foreign investments will be made in Myanmar, while some national people will earn money abroad. So, such nationals have to pay taxes to the State and they while in foreign countries send money they have earned to their families in the nation. That will contribute towards circulation of foreign exchange in the nation. So, the State should provide legal protection to such nationals working abroad. If necessary, respective nations recall their citizens working in other nations in time of natural disasters or war. Our State should do like this. And the State should also provide legal protection to the nationals who have to be still staying in foreign nations for various reasons in such times. Specific principles for such matters should be prescribed in the by-laws and provisions of the future State constitution.
It is found that the nations exercising multi-party democracy system provide their citizens freedom of publication. If necessary, the prevailing situations of the nation (good or bad) should be known to the people for public knowledge. There will be no rumours if the people have access to the news stories as they really are. Only when the people catch up with prevailing commodity prices, will the commodity prices be stable. And only when the people have access to authentic administrative news, will the people be able to lead a secure life. If the people have access to authentic commercial news, they will try their best for economic development. If local media is under excessive control at a time when IT is making a repaid progress, the people will place reliance on foreign media. If so, foreign media will have a dominant position in our nation. So, new laws and by-laws appropriate for the future nation should be prescribed to provide more freedom to local media.
If literature and culture are extinct, so will be the national races, and that has been evidenced by many incidents around the world. Prescribing necessary laws, the State should provide assistance to ethnic groups for flourishing of the literature, culture and development of these national races. Now, universities of culture have been established. So, a subject on literature and languages of national races should be prescribed as compulsory at the educational facilities. Only then will it be possible to secure equality of rights and mutual respect and understanding among national races. So, ethnic minorities should enjoy the rights to develop their literature, culture and fine arts, and the State should provide assistance to them occasionally.
The education standard of the youth in the regions that are making a good progress in the social, economic and transport sectors is better than those in the regions without such progress especially Chin, Kachin, Kayah and Shan states and some regions. That cannot bring positive results to the nation. So, the State should prescribe necessary laws and by-laws to narrow such gap as far as it can in the future nation.
Commercial freedom should be open to all in accordance with the market economy. And there should be no more centralized economic system (or) examining and prohibiting goods in the time of command economy. Opening of check points hinders commodity flows and cause rise in commodity prices. So, the State should prescribe necessary laws to tackle such cases in accordance with the market-oriented economic system.
The State shall give guarantee to the citizens privacy of property, rights to use assets and to innovate and copyrights in doing businesses without prejudice to the law. Anyhow, the State will have to prescribe necessary laws to avert a huge gap of development among the people and high unemployment.
The National Convention has laid down a principle that the State shall not demonetize the currency in circulation. So, we would like to suggest that principle should be replaced as a detailed basic principle in the chapter economic opportunities.
Independent representatives-elect of the delegate groups of representatives-elect—U Tin Win of Kyaiklat Township constituency-2, U Thein Kyi of Taungdwingyi Township constituency-1, U Hla Soe of Minbu Township constituency-2, U Mya Hlaing of Twantay Township constituency-2, U Kyi Win of Mingaladon Township constituency-1 and U Tin Tun Maung of Mingaladon Township constituency-2—suggested that the 48 points regarding the Chapter “Citizenship, Fundamental Rights and Duties of Citizens” explained by the Work Committee Chairman should be adopted as detailed basic principles.

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.

Esteemed delegates,

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.

Esteemed delegates,

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.
The group presented the following suggestions for the points to be adopted as detailed basic principles for the chapter “Citizenship, Fundamental Rights and Duties of the Citizens explained by the Work Committee Chairman to have perfect usage and wordings:
To consider whether the para 5 subpara (f) “exploration of science and technology” should be amended as “exploration of arts, science and technology” or not.
To consider whether para 6 “Women shall be entitled to the same rights as that received by men in respect of similar work” should be amended as “Women shall be entitled to the same rights as men does in respect of similar work” or not.
To consider whether para 34 “No citizen shall be held in custody for more than 24 hours without the remand of a competent magistrate” should be amended to “Without the remand of a competent magistrate, no citizen shall be held in custody for more than 24 hours” or not.
We fully support the para 46 “Every citizen is responsible to undergo military training in accord with the provisions of the law and to serve in the armed forces to defend the State”. We suggest to express the fixed age and period to undergo military training and to serve in the armed forces for national defence in enacting a law concerning the matter.
The group said, concerning the citizens’ rights, the nation should enact a law protecting senior citizens. In many countries, the government as well as other organization are providing assistance to the senior citizens. Hence a suggestion has been presented to consider whether a detailed basic principle should be adopted to enact a law protecting the persons who can be designated as senior citizens.
In accord with the four social objectives, the national development can be ensured only with fit and healthy citizens. A law should be enacted to enable every citizen the right to get access to primary health care, so that public health care project may cover the whole nation.
The delegate groups of State service personnel said, the Work Committee Chairman’s clarification on the detailed basic principles concerning the Citizenship, and Rights and Duties of Citizens includes the requirements for citizenship, equality before the law, freedom of expression, publishing, the right to assemble and hold talks, the right to reside in the nation, property ownership, security and ownership of homes and premises, prohibition of forced labour, religious freedom, the right to freely develop literature, culture, arts, customs and traditions they cherish, the right to vote, the right to be elected, the right of recall, the right to run businesses permitted by the state, the right of defence in accordance with law, and the right to protect the rights. The detailed basic principles also states the duties of the citizens comprehensively without leaving any loopholes and weaknesses to safeguard Our Three Main National Causes for perpetuation of the nation and emergence of a modern and developed nation. Thus, the detailed basic principles should be adopted.
The delegate group of other invited persons said, the definition of the basic human rights is wide and delicate. Fundamental rights of man are included in the UN Charter, the backbone of the United Nations, founded on 24 October 1945. Thirty points concerning the human rights are included in the Universal Declaration of Human Rights.
The points contained in the clarification made by the Work Committee Chairman concerning the chapter “Citizenship, and Rights and Duties of Citizens” are in accord with the Universal Declaration of Human Rights. Thus, the group gladly welcome the points of the clarification.
In presenting a separate suggestion, the group said, the two points — 14. The State prohibits enslaving of man and trafficking in persons; and 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.
Concerning the duties of citizens, the group gave the following suggestions:

(a) Every citizen has the duty to cherish and value the national cultural heritage.
(b) Every citizen has the duty to protect and conserve the environment.
(c) Every citizen has the duty to develop human resources.
(d) Every citizen has the duty to protect public property.