The following is the clarification made at the Plenary Session of the National Convention held at Nyaunghnapin Camp in Hmawby Township, Yangon Division, yesterday the Chairman of the National Convention Convening Work Committee on adoption of detailed basic principles for the Chapter “Citizenship, Fundamental Rights & Duties of Citizens” for drafting the State Constitution
Convening Work Committee Chief Justice U Aung Toe
I wish you delegates to be blessed with a good health, wealth and auscipiousness.
You delegates have listened to and known the clarification the Work Committee Chairman made as well as the proposal papers the delegate groups and some National Convention delegates submitted to the National Convention plenary session held on 10 January 2006, regarding the points suitable to be adopted as detailed basic principles for the Chapter “Citizenship, Fundamental Rights and Duties of Citizens” to be included in the State Constitution. Of them, some appropriate proposals for the basic principles and detailed basic principles that the National Convention laid down were submitted. Certain proposals presented by some delegate groups are found appropriate for enhancing the interests of the State and the people. So, regarding those proposals, the Work Committee sought the stances of the delegate groups through the members of the Panel of Chairmen.
Then, the Work Committee conducted a thorough study on the delegates’ proposals on the Chapter “Citizenship, Fundamental Rights and Duties of Citizens”. After that, the Work Committee collected with great care the points that should be adopted as detailed basic principles and submitted them to the National Convention Convening Commission. The Commission carried out a careful study on the points and approved them. Now, presentation will be made on the approved points.
At the plenary session held on 10 January 2006, the Work Committee Chairman said, “It is required to state specifically and clearly citizenship, fundamental rights and duties of the citizens in drafting an enduring State Constitution for our nation. Only then, will a citizen be able to understand well, when studying the Constitution, the requirements to be citizenship, what the fundamental rights bestowed on the citizens according to the Constitution are, and what kinds of duties they have to carry out in the interests of the State are.”
A collection of the points that should be adopted as detailed basic principles for the Chapter “Citizenship, Fundamental Rights and Duties of Citizens” will be presented.
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 the existing laws on the date this Constitution comes into force.
2. Citizenship, naturalization and revocation of citizenship shall be as 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 profession;
(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, religion, 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 the 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 law.
12. The State shall, according to the law, protect every citizen’s current assets and fixed assets lawfully earned and acquired.
13. The State shall, by law, protect the premises and security of 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 in the interests of the people.
16. Any person is equally entitled to freedom of conscience and the right to freely profess and practise 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 the religions existing in the Union on the date on which the State Constitution comes into force.
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 provoke 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 consulting with and seeking the consent of 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 the law as compulsory;
(c) have the right to conduct research freely for the development of science, literature and arts, and culture.
25. The State shall encourage and provide, based on qualifications, assistance for citizens outstanding in 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 stand for elections to the Pyithu Hluttaw, the Amyotha Hluttaw, the Region or State Hluttaw.
27. Respective constituency shall have the right to recall a Hluttaw member in accord with the law.
28. Every citizen shall have the right to freely do any business 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 doing business without prejudice to the law, every citizen is guaranteed the rights of property ownership, using assets, initiation, and copyright by the Union.
31. No person shall be convicted of crime except for violation of a law in force at the time of the commission of the act. Moreover, he shall not be subject to a penalty greater than that is applicable.
32. Any person convicted or acquitted for an offence by a competent court shall not be retried unless a superior court reverses the judgment and orders to retry the case.
33. An accused person shall have the right of defence in accord with the law.
34. No citizen shall, except matters on precautionary measures taken in accord 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. Every citizen shall have the right to apply to the Supreme Court of the Union through appropriate proceedings to enjoy the rights guaranteed under this Chapter.
36. In order to bestow the rights granted under this Chapter the Supreme Court of the Union shall have the power to issue the following writs as may be appropriate.
(a) Writ of Habeas Corpus;
(b) Writ of Mandamus;
(c) Writ of Prohibition;
(d) Writ of Quo Warranto;
(e) Writ 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 foreign invasion,
(c) in time of insurrection.
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 the law shall not be refused:
(a) in time of foreign invasion,
(b) in time of insurrection,
(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 maintenance of public order so as to ensure fulfilment of their duties and maintenance of discipline are needed to be restricted or abrogated, they shall be done so only through enactment of the 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 levied under the law.
48. In this Chapter “The State” means a body that exercises legislative and executive powers according to this Constitution.
Such delegate groups of the National Convention as the delegate group of peasants, the delegate group of workers, and the delegate group of State service personnel, delegate group of representatives-elect and such parties of the delegate group of political parties as Union Pa-O National Organization, Mro (or) Khami National Solidarity Organization, Lahu National Development Party, Union Kayin League, Kokang Democracy and Unity Party, and Wa National Development Party suggested that the points I have explained to you should be adopted as detailed basic principles.
Separate suggestions of the delegate groups will be presented.
The National Unity Party said, “Among the points, a point says “The State shall, in appointing or assigning duties, not discriminate against or in favour of any citizens with qualifications set for the posts or duties based on race, birth, region, and sex”.
That appropriate 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, and will win the support of the mass of women and the people.
Instead of prescribing the point “However, nothing in this section shall prevent appointment of men to the positions that are naturally suitable for men only” in the State Constitution, it should be implemented by means of prescribing separate laws, and issuing orders and directives by the ministries concerned.
To clarify on this suggestion, if such a case is implemented by means of prescribing separate laws, and issuing orders and directives instead of prescribing it in the State Constitution, that act will be far beyond the State Constitution and even may bring disputes over the Constitution. Prescribing it in the State Constitution will ensure no possible disputes and will help understand the expression clearly.
The delegate group of national races said, “Paragraph 24 says, “Every citizen, in accord with the education policy laid down by the State, shall have the right to education”. However, nothing is mentioned 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 as a separate paragraph”.
This suggestion is consistent with the alreadylaid down principle, so it should be taken into consideration seriously. So, the Work Committee held discussions with members of the Panel of Chairmen as to whether the suggestion should be adopted as a detailed basic principle. Then, the members of the Panel of Chairmen coordinated with their fellow members of the delegate groups concerned and submitted the case to the Work Committee. Several delegate groups suggested that “Every citizen, in accord with the health policy laid down by the State, shall have the right to health care” should be added as paragraph 25. If so, that will be compatible with paragraph 24.
The delegate group of intellectuals and intelligentsia said, “Sub paragraph (F) of paragraph 5 ‘exploration of science and technology’ is exclusive of the term “arts”. So, we would like to suggest the phrase should be ‘exploration of arts, science and technology’.
The suggestion is also in conformity with the already-laid down principle, so it should be taken into consideration seriously. But, the meaning will be better if the phrase is “exploration in the fields of arts, science and technology”. So, the Work Committee had a meeting with members of the Panel of Chairmen to approach
the matter. The members of the Pane of Chairmen then held discussions on the case with fellow delegates. And they submitted the stances of the delegate groups to the Work Committee. Several delegate groups suggested that sub-paragraph (F) of paragraph 5 should be “exploration in the fields of arts, science and technology”.
That group tabled a motion to decide whether the point “Women shall be entitled to the same rights and salaries as that received by men in respect of similar work” should be “Women shall be entitled to the same rights and salaries as that enjoyed by men in respect of similar work”. In fact, these two phrases are the same in meaning, but the first carries better meaning.
The group also tabled a motion to decide whether there should be a change in word order in the phrase “No citizen shall be held in custody for more than 24 hours without the remand of a competent magistrate” to meet Myanmar grammar rules.
To reply to the suggestion, the sentence is constructed in accord with the style of writing law, so there is no need to make any amendment to it.
The group also said, “We are in support of paragraph 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. But, it would be better if the paragraph also prescribes age and minimum duration for military service”.
In this regard, we will have to record the suggestion so that the future legislative body gets more facts to prescribe necessary laws in implementing the provisions of the State Constitution. The group added, “The State should promulgate an act to provide health care to elderly persons”. “The government and related social organizations render assistance to senior citizens”.
“So, we make a suggestion to decide whether the point “The State shall promulgate a law to provide care for national older persons” should be adopted as a detailed basic principle”.
The point “The State shall care for mothers and children, orphans, fallen Tatmadaw servicemen’s children, the old and the infirm, and the disabled” has been laid down by the National Convention. And the point “To care for children, youths, women, the disabled, the aged and the homeless” has been prescribed in paragraph 12 of the Union Legislative List. The State and social organizations are caring and will continue to care for elderly persons in accordance with law.
The group continued to say, “Only with healthy and sound citizens will it be possible to build a developed nation in accord with the four social objectives laid down by the State. We would like to suggest that the State should promulgate a law to enable the entire people across the nation have access to primary health care”.
Many delegates have suggested that the point “Every citizen shall have access to health care in accord with the health care policy laid down by the State” presented by the delegate group of national races should be adopted as detailed basic principle paragraph 25. So, there is no need to designate that suggestion as one of the fundamental rights.
The delegate group of other invited persons said, “paragraph 14 “The State prohibits enslaving of man and trafficking in persons” and paragraph 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 in the interests of the people” should be adopted as detailed basic principles.
Here, it is a suggestion that the term “trafficking in person” prescribed in paragraph 14 should be replaced with the term “human trade” that was prescribed in a law enacted in 2005.
The term “human trade” was used previously and the term “trafficking in persons” is used worldwide. Both are the same in meaning. But, the term “human trade” is found more modern with a broader meaning. This suggestion deserves a serious consideration due to its conformity with the already-laid down principle.
So, the Work Committee coordinated with members of the Panel of Chairmen to translate the suggestion into reality. The members of the Panel of Chairmen thus met with their fellow members of delegate groups concerned and submitted the case to the Work Committee. Several delegate groups made a suggestion that paragraph 14 should be “The State prohibits enslaving of man and human trade.”
Regarding duties of citizens, the group also submitted the points for decision.
(a) Every citizen is under a duty to value and preserve national cultural heritage.
(b) Every citizen is under a duty to conserve the environment.
(c) Every citizen is under a duty to develop human resources.
(d) Every citizen is under a duty to protect and safeguard public property.
The suggestion is found consistent with the already- laid down detailed basic principle and deserves consideration. However, according to the adopted detailed basic principles, it is a case, for which the State is solely responsible. In this regard, what citizens should do is just to extend a helping hand to the State in implementing such a case.
Therefore, the Work Committee held a meeting with members of the Panel of Chairmen. They also approached the case in consultation with their fellow members of the delegate groups concerned. Then, they forwarded the stances of the delegate groups to the Work Committee. Several delegate groups suggested that the point:
“Every citizen is under a duty to contribute towards the following tasks being carried out by the State:
(a) preservation and safeguarding of national cultural heritage
(b) environmental conservation
(c) development of human resources
(d) protection of public property”
should be adopted as a detailed basic principle in the Chapter “Citizenship, Fundamental Rights and Duties of Citizens.
Work Committee Brig-Gen Mya Win.
Representatives of political parties—Independent representatives-elect Dr Hmu Htan of Thantlang Township constituency in Chin State, U Aung Thein of Ywangan Township constituency in southern Shan State and U Tun Kyaw of Namhsan Township constituency in Shan State (North) of the delegate group of representatives- elect presented the stances of the parties concerned.
They said, “It is needed to take great care in drafting a State Constitution. And the already-formulated Constitution needs to be effective at any times and any situations regardless of region and person and to be resistant to any criticisms. Therefore, it is required to prescribe bye-laws, procedures and provisions of a State Constitution in specific manner.
“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 citizens will earn money abroad. So, such citizens have to pay taxes to the State and they, while in foreign countries, send money they have earned to their families residing in the State. That will contribute towards earning 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 times of natural disasters or war. Our State should also do so. And the State should also provide legal protection to the nationals who are staying in foreign countries for various reasons in such times. Specific principles for such matters should be prescribed in the bye-laws and provisions of the future State Constitution.
“It is found that the nations exercising multiparty democracy system vest their citizens with 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 true account of incidents and events. Only when the people catch up with the rates of prevailing commodity prices, will the commodity prices will be stable. And only when the people have access to true information on administration, 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 rapid 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 bye-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 a great many of 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 in the nation. So, a subject on literature and languages of national races should be prescribed as compulsory in the educational institutions. 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 from time to time.
“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 and Kayah States and some regions in Shan State. That cannot bring any positive results to the nation. So, the State should prescribe necessary laws and bye-laws to narrow such an undesirable gap as possible as it can in the future nation.
“The State should give guarantee to the citizens right to property, right to use assets and to innovate and to protect copyrights in doing businesses without prejudice to the law.
“Anyhow, the State will have to prescribe necessary laws so as to avert an unnecessarily huge gap of income among the people and high unemployment”.
To assess these suggestions, detailed basic principles relating to national races affairs, national cultural heritage, education, health and rights of citizens have been already adopted. Under these detailed basic principles, the State will have to take necessary steps for the development in these sectors and to promulgate necessary laws.
The three delegates added, “The National Convention has laid down a principle “The State shall not demonetize the currency in circulation”. So, we would like to suggest that that principle should be replaced as a detailed basic principle in the Chapter related to economic opportunities”.
To respond to the suggestion, the point, “The State will not demonetize the currency in circulation” manifested in a basic principle represents the State’s guarantee to the citizens as an economic policy that it will exercise in future. It is not an economic right of citizens, so it is no need to mention it as a detailed basic principle.
In conclusion, in accord with the suggestions of the majority of National Convention delegates, a collection of the detailed basic principles for the Chapter “Citizenship, Fundamental Rights and Duties of Citizens” will be clarified as follows:
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 the existing laws on the date this Constitution comes into force.
2. Citizenship, naturalization and revocation of citizenship shall be as 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 areas:
(a) civil service;
(b) occupation;
(c) trade;
(d) business;
(e) technical know-how and profession;
(f) exploration of science and technology.
6. Women shall be entitled to the same rights and salaries as hat 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, religion, 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 citizen.
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 law.
12. The State shall, according to the law, protect every citizen’s current assets and fixed assets 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 in the interests of the people.
16. Every citizen 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 the religions existing in the Union on the date on which the State Constitution comes into force.
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 provoke 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 consulting with and seeking the consent of 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 the law 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. Every citizen, in accord with the health policy laid down by the State, shall have the right to health care.
26. The State shall encourage and provide, based on qualifications, assistance for citizens outstanding in education, irrespective of race, religion, and sex.
27. Subject to this Constitution and relevant laws, every citizen shall have the right to elect and to stand for elections to the Pyithu Hluttaw, the Amyotha Hluttaw, the Region or State Hluttaw.
28. Respective electorate shall have the right to recall a Hluttaw member in accord with the law.
29. Every citizen shall have the right to freely do any business in accord with the law for the national economic development.
30. The State shall help national businessmen have access to technologies, investments, machinery, and raw materials.
31. In doing business without prejudice to the law, every citizen is guaranteed the rights of property ownership, using assets, initiation, and copyright by the Union.
32. No person shall be convicted of crime except for violation of a law in force at the time of the commission of the act charged as an offence. Moreover, he shall not be subject to a penalty greater than that is applicable.
33. Any person convicted or acquitted by a competent court for an offence shall not be retried unless a superior court annuls the judgment and orders to retry the case.
34. An accused person shall have the right of defence in accordance with the law.
35. 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 tranquility 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.
36. Every citizen shall have the right to apply to the Supreme Court of the Union through appropriate proceedings to enjoy the rights guaranteed under this chapter.
37. 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) Writ of Habeas Corpus;
(b) Writ of Mandamus;
(c) Writ of Prohibition;
(d) Writ of Quo Warranto;
(e) Writ 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.
38. 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 foreign invasion;
(c) in time of insurrection.
39. Every citizen, at home or abroad, dealing with foreign countries shall have the right to seek protection of the State.
40. Except in the following situations, the grievances of the citizens legally entitled under law shall not be refused—
(a) in time of foreign invasion;
(b) in time of insurrection;
(c) in time of emergency.
41. 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 fulfillment 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.
42. Every citizen is under a duty to uphold
(a) Non-disintegration of the Union;
(b) Non-disintegration of national solidarity;
(c) Perpetuation of sovereignty.
43. Every citizen is under a duty to abide by the provisions of the Constitution 44. Every citizen is under a duty to safeguard independence, sovereignty, territorial integrity of the Union of Myanmar.
45. 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.
46. Every citizen, charged with Union Spirit, is under a duty to enhance unity among national races and to ensure community peace and stability.
47. Every citizen is under a duty to build a modern developed nation.
48. Every citizen is under a duty to pay taxes levied under the law.
49. Every citizen is under a duty to contribute towards the following tasks being carried out by the State:
(a) preservation and safeguarding of national cultural heritage;
(b) environmental conservation;
(c) development of human resources;
(d) protection of public property.
50. In this Chapter “The State” means a body that exercises legislative and executive powers according to this Constitution.