The following is the clarification made at the Plenary Session of the National Convention held at Nyaunghnapin Camp in Hmawby Township, Yangon Division, on 26, October by the Chairman of the National Convention Convening Work Committee on adoption of detailed basic principles for the Chapter “The Role of the Tatmadaw” for drafting the State Constitution.

I wish you all the delegates blessed with health and happiness and auspiciousness.

All of you, the delegates, have already known the clarification made by the Chairman of the National Convention Convening Work Committee concerning the detailed basic principles concerning the Chapter “the Role of the Tatmadaw” at the plenary session of the National Convention held on 10 January 2006 and the proposals presented by delegate groups and some delegates. The proposals included proper suggestions within the framework of the detailed basic principles to be adopted. As the suggestions of some delegate groups are in the interest of the nation and the people, the Work Committee sought the opinion of the delegate groups through the panel of chairmen.

The Work Committee thoroughly studied the suggestions presented by the delegates concerning the Chapter “the Role of the Tatmadaw”. Afterwards, the Work Committee submitted the comprehensive report on the detailed basic principles to the National Convention Convening Commission. The Commission after studying the detailed basic principles in detail approved them. The approved detailed basic principles concerning the Chapter “the Role of the Tatmadaw” will be clarified.

At the plenary session of the National Convention held on 10 January 2006, the Work Committee Chairman presented a collection of detailed basic principles concerning the Chapter “the Role of the Tatmadaw”.

After holding discussions and making suggestions on the matter, the delegate groups — the delegate group of national races, the delegate group of peasants, the delegate group of workers, the delegate group of Intellectual and Intelligentsia, and the delegate group of State service personnel — and the Union Pa-O National Organization, the Mro or Khami National Solidarity Organization, the Lahu National Development Party, the Union Kayin League, the Kokang Democracy and Unity Party and the Wa National Development Party and the delegate group of representatives-elect of the delegate group of political parties presented the following points to be adopted as detailed basic principles for the Chapter “the Role of the Tatmadaw”.

1. The Tatmadaw is the sole existing Tatmadaw which is strong and modern.

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 Commanderin- 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 armed forces.

11. Military justice for members of the Tatmadaw may be administered according to law by a panel or by a judge.

12. The decision of the Commander-in-Chief of the Defence Services is final in military justice.

13. A law shall be promulgated to provide assistance 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.

As a separate suggestion, the National Unity 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 rendered 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.”

As regards the suggestions, it is to be pointed out that Our Three Main National Causes and the national peace, stability and security are the main duties of the Tatmadaw. The Tatmadaw has to carry out active service in performing its main duties. At times when there is no active service, the Tatmadawmen will have to undergo military training, and during the times when there is no military training, they will have to carry out public welfare task. Hence, the Tatmadaw’s duties already cover the public welfare task. As the Tatmadaw has been discharging its duties with full conviction, the suggested point is not necessary to be laid down as a detailed basic principle.

The Wa National Development Party presented 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. That is why, the party gives a suggestion to amend the point as follows:
“The Tatmadaw is mainly responsible for safeguarding independence and State Constitution.”

In connection with the suggestion, it will be necessary to explain that the paragraph 3 states “The Tatmadaw is mainly responsible for safeguarding nondisintegration of the Union, non-disintegration of national solidarity and perpetuation of sovereignty.” The perpetuation of sovereignty means safeguarding independence. Hence, the detailed basic principle is not necessary to be amended as suggested by the group.

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”.

In my assessment, the suggestion is in accord with the adopted detailed basic principles and should be considered seriously.

Coordination on the matter has been made with members of the panel of the Work Committee. The members of the panel sent the opinions of the delegate groups to the National Convention Convening Commission in writing after making coordination with them. A large number of delegates approved to state the paragraph 5 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”.

The delegate group of other invited persons supported to adop the detailed basic principle “The Tatmadaw is the sole existing Tatmadaw which is strong and modern.”

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 the sole existing Tatmadaw which is strong and modern.”

As regards the suggestion, it is required to explain that in Myanmar, all service institutions including the Tatmadaw are formed with citizens including the national races. If the expression “the Tatmadaw, formed with the participation of various national races,” should be used, seemingly, the point will not be inclusive of the citizens who are not the national races. As every one understands that the Tatmadaw means an Armed Forces formed with national races and citizens, the expression is not necessary for the detailed basic principle.

The representatives of the political parties included in the delegate group of representatives-elect presented the proposals of their respective parties.

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 participa- tion, 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:

“The Tatmadaw has the right to administer for participation of the entire people in the State security and defence in accord with the provisions 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.

Concerning the suggestion, explanation will be made that the point “The Tatmadaw is mainly responsible for safeguarding the State Constitution” has already been adopted and transferred to the Chapter “the Role of the Tatmadaw”. It has already been explained that 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. Moreover, the Tatmadaw will always safeguard the Constitution. As the Tatmadaw will perform its duties in accord with the Constitution, the suggested addition is not necessary for the detailed basic principle.

Now, a collection adopted detailed basic principles will be presented as follows:

1. The Tatmadaw is the sole existing Tatmadaw which is strong and modern.

2. The Tatmadaw is mainly responsible for safeguarding the State Constitution.

3. The Tatmadaw is mainly responsible for safeguarding non-disintegration of the Union, nondisintegration 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. With the approval of 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.

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 Commanderin- 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 armed forces.

11. Military justice for members of the Tatmadaw may be administered according to law by a panel or by a judge.

12. The decision of the Commander-in-Chief of the Defence Services is final in military justice.

13. A law shall be promulgated to provide assistance 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.