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Presentation of the Panel of Chariman on The Role of the Tatmadaw ( 12-10-06 )

The following is the presentation 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 “The Role of the Tatmadaw” at the Plenary Session held today.

Esteemed delegates,

At the plenary session of the National Convention held on 10 January 2006, the Chairman of the National Convention Convening Work Committee explained that the plenary session of the National Convention has already laid down the following principles in connection with the Tatmadaw on 16 September, 1993:

(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.

The plenary session has already adopted to form the basic principles as basis to discuss the chapter concerned and to move the basic principles to other sectors when the discussions are on the principles of those sectors. Hence, my clarification will be based on basic principles laid down by the National Convention concerning the role of the Tatmadaw. Moreover, the basic principles that should be transferred to the Tatmadaw chapter will also be presented.

Esteemed delegates,

The Work Committee Chairman presented a collection of the points that should be adopted as detailed basic principles as follows:

1. The Tatmadaw is strong, modern and must be the sole existing brilliant and patriotic Tatmadaw
2. The Tatmadaw is mainly responsible for safeguarding the State Constitution
3. The Tatmadaw is mainly responsible for safeguarding non-disintegration of the Union, non-disintegration of national solidarity and perpetuation of sovereignty
4. The Tatmadaw must play a leading role in safeguarding the Union of Myanmar against all internal and external dangers. The Tatmadaw is the core armed forces for national defence
5. The Tatmadaw has the right to administer for participation of the entire people in the State security and defence. The people’s militia strategy shall be formed with Tatmadaw’s leadership
6. All the armed forces in the nation shall be under the command of the Tatmadaw
7. The Defence Services Commander-in-Chief is the Supreme Commander of all armed forces
8. As a reference in designating the official position of the Commander-in-Chief, the Commander-in-Chief is designated as the Vice-President level
9. The President shall appoint the Commander-in-Chief of Defence Services with the proposal and approval of the National Defence and Security Council
10. The Tatmadaw has the right to independently administer all affairs concerning the forces
11. Military justice for members of the Tatmadawmay be administered according to law by a panel or by a judge
12. The decision of the Commander-in-Chief ofthe Defence Services is final in military justice
13. An Act shall be promulgated to provideassistance and care for families of the disabled or fallen Tatmadaw members
14. The Tatmadaw must render assistance to the people in case of the occurrence of a calamity in the nation that affects the nation and the people.

Esteemed delegates

The National Unity Party, one of the seven political parties of the delegate groups of the political parties presented its proposal, saying, we find that the Work Committee Chairman’s clarification on the detailed basic principles concerning the chapter “Citizenship, and the Rights and Duties of Citizens” have been compiled in accord with the traditions and culture of the nation. The Work Committee laid down the detailed basic principles after studying the constitutions of world nations, the 1947 Constitution and the 1974 Constitution. The detailed basic principles of the chapter “the Role of the Tatmadaw” are in conformity with the objective conditions of Myanmar. In addition, they are within the framework of the detailed basic principles in connection with the Tatmadaw the National Convention has already adopted.
All in all, the detailed basic principles for the chapters “Citizenship, and the Rights and Duties of Citizens” and “the role of the Tatmadaw” presented by the Work Committee Chairman are appropriate as they are in conformity with the six objectives and the 104 basic principles already adopted by the National Convention.
As a separate suggestion, the party said of a collection of the detailed basic principles for the role of the Tatmadaw, the point No 14 states “The Tatmadaw must render assistance to the people in case of the occurrence of a calamity in the nation that affects the nation and the people.”

Seemingly, the point means that the Tatmadaw will help the people only when there occur natural disasters. Because of its original traditions, organizational set up, experiences and achievements, nobody can deny that the Tatmadaw is the national strength. The Tatmadaw has always renders assistance to the social and economic sectors in the interest of the nation and the race.
At present, the Tatmadaw is taking part in social undertakings and motor road, railroad, bridge and dam projects and rural development tasks that are not concerned with the task of providing relief aids. In our view, the expression “to render assistance to the people in case of the occurrence of a calamity” is not totally comprehensive.
In our view, the following point should be added to the detailed basic principles as the point No 15:
“The Tatmadaw shall take part as a social and economic force in accord with the Constitution if there arises a need for national development.”
The Union Pa-O National Organization said every sovereign nation, race and legal experts will draw a constitution based on historical experiences for national interest. But the trend of the age and individual persons can make a constitution shaky and ineffective. The international situation highlights the fact that outside interferences coupled with social and economic hardships resulting from loopholes and weaknesses of the constitution may lead to national disintegration and racial armed conflicts. Hence, we solemnly agree the 14 points explained by the Work Committee Chairman at the plenary session of the National Convention held on 10 January 2006 should be adopted as detailed basic principles.
The Mro or Khami National Solidarity Organization finds the 14 points explained by the Work Committee Chairman are suitable to be adopted as detailed basic principles.
The Lahu National Development Party accepts that 14 points explained by the Work Committee Chairman are suitable to be adopted as detailed basic principles concerning the chapter “The role of the Tatmadaw”.
The Union Kayin League discussed in support of the clarification, saying, the 14 detailed basic principles on the chapter “the Role of the Tatmadaw” and the 48 detailed basic principles for the chapter “Citizenship, and the Rights and Duties of Citizens” presented by the Work Committee Chairman are appropriate as they are in conformity with the six objectives and the basic principles already adopted by the National Convention. Hence they should be adopted as detailed basic principles.

The Kokang Democracy and Unity Party expressed its view saying that clarification of the Work Committee Chairman concerning the detailed basic principles covering the duties of the Tatmadaw, the role of the Commander-in-Chief, the rights and duties, military codes of conduct and welfare for Tatmadaw members and families included in the chapter “the role of the Tatmadaw” are profound and comprehensive. Hence they must be adopted as detailed basic principle for the chapter.
The Wa National Development Party presented two suggestions to be applied if necessary for the chapter “the role of the Tatmadaw”. It agrees that the 14 collective points explained by the Work Committee Chairman should be adopted as detailed basic principles.
The party gives a suggestion concerning the point 2 “The Tatmadaw is mainly responsible for safeguarding the State Constitution”.
It says, as the Tatmadaw is the people’s Tatmadaw, it was born of the independence struggle in which lots of blood and sweat were sacrificed. Hence it has the duty to always safeguard the independence. Hence, the party gives a suggestion to amend the point as follows:
“The Tatmadaw is mainly responsible for safeguarding independence and State Constitution.” The party expresses an opinion to make an addition to the point 5 included in a collection of detailed basic principles explained by the Work Committee Chairman. As a means to facilitate the practical task of getting in touch with the people in mobilizing the entire public to take part in the national defence and security and ensure greater success in the task, the Tatmadaw should implement the task after seeking opinion from the National Defence and Security Council, instead of individually administering the public participation.
The party suggests that the point “The Tatmadaw has the right to administer for participation of the entire people in the State security and defence. The people’s militia strategy shall be formed with Tatmadaw’s leadership” should be amended as “With the approval of the National Defence and Security Council, the Tatmadaw has the right to administer for participation of the entire people in the State security and defence. The people’s militia strategy shall be formed with Tatmadaw’s leadership”.

Esteemed delegates,

Of the four papers presented by the representatives-elect group of the National Convention, which has eight delegate groups, the representatives of the National Unity Party and the Mro (or) Khami National Solidarity Organization presented the proposals of their respective parties.
Dr Hmu Htan of Thantlang Township Constituency, U Aung Thein of Ywangan Township Constituency, Shan State (South) and U Tun Kyaw of Namhsan Township Constituency, Shan State (North) in presenting their paper said, as the clarification made by the Work Committee Chairman are in conformity with the present age, all the 14 points should be adopted as detailed basic principles for the chapter “the role of the Tatmadaw”.
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 discussed in support of the clarification made by the Work Committee Chairman.
They gave a suggestion concerning the point “The Tatmadaw has the right to administer for participation of the entire people in the State security and defence. The people’s militia strategy shall be formed with Tatmadaw’s leadership”.
They said, not the Tatmadaw alone will have to form people’s militia strategy. The people will also have to participate in it. Only then will the people’s militia strategy realize its aim. To ensure active public participation, the fact that the Tatmadaw has been forming the people’s militia strategy in accord with the law should be obvious. In addition, there is another point “The Tatmadaw is mainly responsible for safeguarding the State Constitution”. They gave a suggestion to state the point as follows:

U San Tha Aung of Delegate Group of Representative-elect.
U Tun Yin Law of Delegate of Political Parties.

“The Tatmadaw has the right to administer for participation of the entire people in the State security and defence in accord with the prescriptions of the constitution.” Only then will it be linked with a point contained in the chapter “Citizenship and the Rights and duties of Citizens” — 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.
Delegate group of national races discussed in support of the clarification made by the Work Committee Chairman, saying, all the 14 points should be adopted as detailed basic principles.
The delegate group of peasants views all the 14 points explained by the Work Committee Chairman at the plenary session of the National Convention held on 10 January 2006 are sound and comprehensive and they should be adopted as detailed basic principles.
The suggestion presented by delegate group of workers is that the 14 points explained by the Work Committee Chairman to be adopted as detailed basic principles for the chapter “the role of the Tatmadaw” are suitable for the Tatmadaw that has the right to always serve the national politics of the nation and the people; and that they should be adopted as detailed basic principles.
The delegate group of intellectuals and intelligentsia views that all the 14 points explained by the Work Committee Chairman at the plenary session of the National Convention held on 10 January 2006 are essential detailed basic principles for the Tatmadaw that is safeguarding the constitution while discharging the national defence and security duties.
The delegate group of State service personnel presented a suggestion, agreeing to the adoption of all the 14 points explained by the Work Committee Chairman as detailed basic principles for the chapter “the role of the Tatmadaw” in formulating the constitution.
The delegate group of other invited persons approves the adoption of the 14 points explained by the Work Committee Chairman as detailed basic principles for the chapter “the role of the Tatmadaw”.
Its separate suggestion concerned with the detailed basic principle — The Tatmadaw is strong, modern and must be the sole existing brilliant and patriotic Tatmadaw.
As a means to help further cement national solidarity and to enhance the dignity of the Tatmadaw, the wording “the Tatmadaw, formed with the participation of various national races,” should be used. According to its suggestion, the point should be stated as follows:“The Tatmadaw, formed with various national races, is strong, modern and must be the sole existing brilliant and patriotic Tatmadaw.”

Esteemed delegates,

Now I have completed my compilation of a collection of suggestions presented by delegate groups, political parties of the delegate group of political parties, and other delegate groups concerning the detailed basic principle for the chapters “Citizenship, and Rights and Duties of Citizens” and “the role of the Tatmadaw” to be included in formulating the constitution.
A large number of representatives of the delegate groups discussed in support of the clarification made by the Work Committee Chairman, saying the detailed basic principles should be adopted as explained by the Work Committee Chairman. Some delegates in addition to holding discussions in support of the clarification, gave separate suggestions. And with this I conclude.

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