Presentation by His Excellency U Khin Maung Win, Deputy Minister, Ministry of Foreign Affairs of the Union of Myanmar
at the Seminar on Understanding Myanmar
27-28 January 2004,Yangon
Myanmar Road to Democracy: The Way Forward
Introduction
On 30th August 2003, in his address to the Members of the State Peace and
Development Councils, Government Ministers, Heads of Departments, Non-Government
Organizations, Prime Minister General Khin Nyunt stated that Myanmar would be
implementing a 7-step programme for Myanmar's transition to a democratic state.
The 7-step Road Map includes:
1. Reconvening of the National Convention that has been adjourned since 1996;
2. After the successful holding of the National Convention, step by step
implementation of the process necessary for the emergence of a genuine and
disciplined democratic state;
3. Drafting of a new constitution in accordance with basic principles and
detailed basic principle laid down by the National Convention;
4. Adoption of the constitution through national referendum;
5. Holding of free and fair elections for Pyithu Hluttaws (Legislative bodies)
according to the new constitution;
6. Convening of Hluttaws attended by Hluttaw members in accordance with the new
constitution;
7. Building a modern, developed and democratic nation by the state leaders
elected by the Hluttaw; and the government and other central organs formed by
the Hluttaw.
Today, Myanmar is vigorously implementing the 7-step Roadmap which represents
the way forward for a brighter future for the whole country. It is a programme
based on the objective conditions in the country as well as the aspirations of
the entire people.
Specific Conditions, Special
Circumstances
Each country in the world has it own special and sometimes unique
conditions which differentiate it from others. The same holds true for Myanmar.
A comprehensive understanding of the policies, practices and activities of
Myanmar would only possible by comprehending the country's special
circumstances.
Myanmar has existed as an independent kingdom for thousands of years. It has always been proud of its culture, traditions and values. Therefore, colonization by Great Britain was a great shock to the psyche of the Myanmar people. After the regaining of independence in 1948, the Myanmar people are deeply jealous of their independence and sovereignty and are determined that they will never be again subjugated by an alien power. Sense of patriotism and nationalism still runs very deep in Myanmar. A case in point, Myanmar became the first nation that refused to join the Commonwealth following the regaining of independence due to nationalism that refused to accept the British sovereign as head of state.
Another distinguishing feature of the Myanmar society is the influence of religion, particularly Buddhism which is practised by over 90 per cent of the people. Accordingly, wealth in Myanmar not only means material affluence but also spiritual advancement, especially peace of mind and contentment. The Myanmar people are by nature kind, gentle, and tolerant. Moreover, good society to Myanmar is the equilibrium of atta (individual desire) and Para (working for the good of the community). Thus, for Myanmar, democracy is not just conferring basic rights but also obligations and duties to the state.
Myanmar is a Union composed of more than one hundred different national races, each with its own culture and traditions. Politically, there cannot be lasting peace and stability in the country without national unity. Unfortunately, the divide and rule policy practiced by the British colonialists resulted in suspicion and discord among the national races. This subsequently led to armed insurgency that spread to various parts of the country for decade. The question of achieving national unity and bringing to an end the armed insurgency are vital issues for any government, past, present and future.
Since the days of the struggle for independence, Tatmadaw the Armed Forces have played a leading role in national politics. Whenever the country faced a crisis, it was the Tatmadaw that had stood in front of the people to protect the nation and the interests of the people. In 1949, at the height of armed insurgency when the country was in flames; in 1962 when splits in the ruling political party threatened to ignite a severe civil war; in 1962 when the nation faced disintegration due separatists and in 1988 when chaos and anarchy reigned in the country and people lived in fear for their lives and property, it was the Tatmadaw that stepped in to save the nation.
Another special feature that deserves attention is that Myanmar is the only country that shares common borders with the two most populous countries in the world namely China and India. Moreover, Myanmar acts as a land bridge connecting South and Southeast Asia. Thus, peace and stability in Myanmar is important not only to the people of Myanmar but also to the region as a whole.
Therefore, to fully understand Myanmar, these special characteristics that distinguished Myanmar from other countries must be taken into account.
Overcoming the Challenges
The special circumstances surrounding Myanmar culminate in unique
challenges for the Government.
The biggest challenge is the question of national unity. Today, as a
result of the Government's endeavours, notable success has been achieved in this
regard. For decades, there had been discord among the national races due to the
British divide and rule policy and therefore it is most important to change the
mindset and to instill a sense of national identity and a sense of belonging to
the Union. The Government endeavours to spread the Union Spirit underscores the
fact that all the national races are brethren that live together in harmony
through weal and woe.
The regions where the national races live are the most remote and least developed areas in the country. The Government has concentrated its efforts to bring progress and advancement to these regions. The political commitment of the Government can be seen by the fact that a Central Committee for the Progress of the National Races and Border Areas headed by the Chairman of the State Peace and Development Council Senior General Than Shwe was formed to provide guidance and supervision in this noble task. Likewise, a Working Committee headed by the Prime Minister General Khin Nyunt oversees the endeavours for developing the border regions. In addition, a separate Government Ministry named the Ministry for Progress of Border Areas and National Races and Development Affairs was created to look after the day-to-day work.
This is the first time that so much attention has been accorded to the welfare of the national races. In this regard, during the time of the present Government, it has spent more than 50 billion Kyats and over 500 million dollars to improve the economic, basic infrastructure, education and health conditions. A growing transport network connects the border areas with other parts of the nation. The Government constructed 2812 miles of earthen roads, 1683 miles of gravel roads and 309 miles of tarred roads and upgraded 3030 miles of roads in border areas spending over 27 billion kyats. In addition, a total of 43 large bridges, 661 small bridges and 16 suspension bridges were built in the border areas. In the education sector, the Government had constructed 627 primary schools, 61 middle schools and 62 high schools, spending over 3 billion kyats. Primary medical health care is now available to many regions for the first time. The Government spent over 1.4 billion kyats constructed a total of 52 hospitals, 82 dispensaries, 29 rural health centers, and 40 rural health care centers (branch) in border areas. Improvement of economic conditions has also generated greater income for the people. Indeed, some of the localities in the border regions even enjoy better facilities than their counterparts in the central parts of the country. Subsequently, the national races today enjoy higher standards of living and better quality of life than ever before.
Myanmar is today enjoying unprecedented peace and stability. With the return to the legal fold by 17 armed groups the issue of armed insurgency that has plagued the nation since the time of the regaining of independence is almost over. However, it should be remembered that these groups have approximately one hundred thousand people still under arms since the agreement is to allow them to retain their arms for their own security until the emergence of a new constitution. These groups would not have returned to the legal fold if they were asked to give up their arms. Moreover, it should be mentioned that the agreements were verbal ones like gentlemen's agreement and there were no signed documents. The danger is that should there be major differences, the possibility exists for them to take up arms against the Government, thus re-igniting the circle of violence. As such, extreme care must be taken in dealing with these groups.
Another challenge that the country faces is external
pressure. Some western countries continue to exert political, economic and
diplomatic pressure and sanctions against Myanmar for their own motives. If
their interest is to see the rise of democracy in Myanmar and not just the
benefit of an individual or an organization, it is high time for them to realize
that such efforts will not only fail but will be counterproductive. Thus Prime
Minister General Khin Nyunt stated in his address on 30th August that " Such
actions will not contribute to democracy. The more one pressures us, the further
will it become. However, as we already have the correct objective, we will work
together with the people so that there will be no deviation from the path that
we have chosen"
Implementing the Roadmap
The Government has already initiated steps for the implementation of the road
map. The major steps include on the one hand preparations for the holding of the
National Convention and on the other creating a positive atmosphere conducive to
the successful holding of the Convention.
The emergence of a new enduring State Constitution is the most important key in building a new nation. In this regard, the holding of the National Convention is not only the first step of the 7 steps road map but also the most crucial one. It may be recalled that the State Law and Order Restoration Council (Declaration No. 11/92) issued on 24th April, 1992 stated that the State Law and Order Restoration Council will convene the National Convention in order to lay down the basic principles for the drafting of a firm and stable Constitution.
The formulation of the State Constitution will be based on
the following six objectives:
(1) non-disintegration of the Union,
(2) non -disintegration of national solidarity,
(3) perpetuation of sovereignty,
(4) flourishing of a genuine multiparty democracy system,
(5) development of eternal principles of justice, liberty and equality in the
State,
(6) for the Tatmadaw to be able to participate in the national political
leadership role of the State.
To give the chance for all segments of the society to have a say in the drafting
of the new constitution, the National Convention is composed of representatives
from the following 8 strata of society:
1. delegates of political parties,
2. representatives-elect delegates,
3. delegates of nationalities,
4. delegates of peasantry,
5. delegates of workers,
6. delegates of intellectuals and intelligentsia,
7. delegates of State service personnel,
8. other invited delegates.
The National Convention first met in 1993 and before it was adjourned in 1996,
it was able to accomplish the following tasks.
(a) identified the chapter headings to be included in drawing up the State
Constitution and their order of arrangement. (the 15 chapter headings can be
seen in the annexure)
(b) laid down 104 basic principles for formulating State fundamental principles
(see annexure)
(c) laid down the detailed fundamental principles on the chapters on the State,
State Structure and the Head of State
(d) laid down detailed fundamental principles in prescribing self-administered
divisions or self-administered zone
(e) laid down detailed fundamental principles for formation of the Legislature
(f) laid down detailed fundamental principles for formation of the Executive
(g) laid down detailed fundamental principles for formation of the Judiciary
As mentioned above, the National Convention will be reconvened in the near future. Towards this end, the 3 main organs needed for preparatory work has already been reconstituted. They are the National Convention Convening Commission, the National Convention Convening Work Committee and the National Convention Management Committee. These committees are holding meetings in preparation for the convening of the National Convention.
In addition to the above preparations, Prime Minister General Khin Nyunt has already met with 13 National Races Groups in order to sound out they have views on the political programme. All the groups had voiced their supports to the 7-step Road Map and their wiliness to participate in the National Convention.
Although it is still not possible to provide a precise timetable, the Government has no intention to prolong the process since that would entail higher threats to national unity. At the same time, the world is full of examples where a hasty and ill-prepared transition from one system to another has brought chaos and anarchy. The National Convention is a most delicate undertaking and deliberations must be held until consensus is reached particularly with respect to the issues touching national races. Otherwise, there is always the possibility that the groups that had returned to legal fold will go back to the path of armed struggle against the Government.
Conclusion
Today, Myanmar is at a most important and delicate juncture. It is in
transition to a democratic state. The democratic system that it envisaged is one
that is in accordance with the objective conditions of the country as well as
the aspirations of the people. The democratic system being built in Myanmar may
not be identical to those of other countries giving the unique situation and
circumstances of the country.
Regarding the disciplined democratic state envisioned by
Myanmar, Prime Minister General Khin Nyunt stated:
"The most important factor in building a new, peaceful, modern, developed and
democratic nation is the emergence of a disciplined democratic system that does
not effect the historical traditions of the Union of the national races living
in unison and harmony for thousands of years; that does not effect the national
prestige and integrity of our people and nation; and that does not effect the
national characteristics of our people. Therefore, I would like to urge all the
national races to work together with the Government in unity, and the local
authorities and the responsible government departmental personnel to actively
render necessary assistance, for the realization of the seven steps in the
political programme mentioned above which the Government will continue to
implement for the emergence of a new enduring State Constitution and building of
a new modern developed nation in accordance with the national policy of Our
Three Main National Causes as well as twelve political, economic and social
objectives."
In this regard, I wish also to recall the words of Former Malaysian Prime Minister Dr. Mahathir Mohamad who stated that "Asia and Asian nations must be free, truly free. No one should impose their values or ideologies or systems on Asia. While everyone should be concerned over human rights, the environment etc, no one from within or outside Asia should appoint himself or his country as the policeman charging himself with the responsibility to ensure that everyone behaves. Asian countries are mature enough to know what is right and what is wrong. Any attempt to undermine the sovereignty of independent countries through subverting nationals should be condemned roundly by everyone."
We are also encouraged by the positive international response
to the Road Map. Thus, the 9th ASEAN Summit in Bali last October stated that:
''The Leaders welcomed the recent positive developments in Myanmar and the
Government's pledge to bring about a transition to democracy through dialogue
and reconciliation. The roadmap as outlined by the Prime Minister of Myanmar
that would involve all strata of Myanmar society is a pragmatic approach and
deserves understanding and support. The Leaders also agree that sanctions are
not helpful in promoting peace and stability essential for democracy to take
root."
Moreover, in the joint communiqué issued on the occasion of the visit of the
Indian Vice-President H.E. Mr. Bhairon Singh Shekhawat stated that: "The
Vice-President of India expressed support for the national reconciliation
process and progress in the transition to democracy in Myanmar."
The Road Map declared by Prime Minister General Khin Nyunt shows the way forward for our country. Together with our people, we are determined to fully implement the 7 steps with the participation of the entire people. It is our hope that the international community will also show understanding and support for this most important venture for the country. Giving undue pressure will not serve any purpose for the Myanmar people will not yield to outside pressure and interference in the country's internal affairs. Moreover, Myanmar people are completely capable of resolving their issues and challenges.
There is a very popular Beatle's song saying give "Peace a
chance". It is now time to give Myanmar a chance so that it could go forward.
* * * * * * * * *
Chapter Headings and their serial order
1. State fundamental principles
2. State Structure
3. Head of State
4. Legislature
5. Executive
6. Judiciary
7. Tatmadaw
8. Citizens and their fundamental rights and duties
9. Election
10. Political parties
11. Provisions on state of emergency
12. Amendment of the Constitution
13. State flag, State seal, national anthem and the capital
14. Transitory provisions and
15. General provisions
The Principles laid down to serve as bases in
prescribing State Fundamental Principles
(1) In connection with the State, it is laid down that -
(a) Myanmar Naing-Ngan is a sovereign, independent nation;
(b) the State shall be known as Pyidaungsu Thamada Myanmar Naing-Ngan Daw;
(c) sovereign power of the State is derived from the citizens and is in force in
the whole country;
(d) the territorial boundary of the State is as it is on the day this State
Constitution comes into force.
(2) In connection with the aims and objectives of the State, it is laid down
that -
the State is consistently aimed at -
(a) non-disintegration of the Union,
(b) non-disintegration of national solidarity,
(c) perpetuation of sovereignty,
(d) flourishing of a genuine multiparty democracy system,
(e) further burgeoning of the noblest and worthiest of worldly values namely
justice, liberty and equality in the State,
(f) for the Tatmadaw to be able to participate in the national political
leadership role of the State.
(3) In connection with multiparty democracy, it is stipulated that-
- the State practices genuine multiparty democracy system.
(4) In connection with State structure, it is laid down that -
(a) the Union is constituted by Pyidaungsu (Union) systems;
(b) the existing seven divisions are designated seven regions and the existing
seven states are designated seven states. Those seven regions and seven states
are of equal status and authority;
(c) the names of those seven regions and seven states are retained as they are
at present;
(d) if it is desired to change the name of a region or a state, it shall be done
so with enactment of law after ascertaining the wishes of citizens residing in
the region or state concerned;
(e) in regions or states, self-administered areas are to be prescribed for
national races who reside together in communities on the same common stretches
of land in appropriate sizes of population, other than national races who have
already got regions or states;
(f) depending on size of population and inhabited area, they are to be
prescribed as self-administered divisions or self-administered zones as
suitable;
(g) no part of the territory of the Union, namely regions, states and
self-administered areas etc., shall ever secede from the Union.
(5) In connection with the Head of State, it is laid down that -
(a) the Head of State is the President of the Union;
(b) the President of the Union shall be elected by presidential electoral
college.
(6) In connection with separation and distribution of sovereign State power, it
is laid down that -
(a) the three branches of State power, namely legislative power, executive power
and judicial power are separated as much as possible and exert reciprocal
control, check and balance among themselves;
(b) the three branches of State power, so separated are distributed among
Pyidaungsu (Union), regions, states and self-administered areas.
(7) In connection with legislature, it is laid down that -
(a) the legislative power of the State is distributed among Pyidaungsu Hluttaw,
Region Hluttaws and State Hluttaws, legislative power stipulated by the State
Constitution shall be distributed to self-administered areas;
(b) Pyidaungsu Hluttaw consists of two Hluttaws - one Hluttaw elected on the
basis of population and the other one with equal number of representatives
elected from regions and states;
(c) there will be a Region Hluttaw in each of the seven regions and a State
Hluttaw in each of the seven states;
(d) Pyidaungsu Hluttaw, Region Hluttaws and State Hluttaws include Tatmadaw
servicemen Hluttaw representatives nominated as such by the Defence Services
Commander-in-Chief in numbers stipulated by the State Constitution;
(e) for national races with appropriate sizes of population, national race
representatives are to be permitted to participate in legislatures of regions,
states or self-administered areas concerned.
(8) In connection with executive branch, it is laid down that -
(a) the head of executive of the State is the President of the State;
(b) the executive power of the State is distributed among the administrative
organs of Pyidaungsu, regions and states; self-administered areas as stipulated
by the State Constitution;
(c) Pyidaungsu, regions, states, self-administered areas and districts'
executive organs include Tatmadaw servicemen nominated by Defence Services
Commander-in-Chief to undertake responsibilities of the defence, security,
border administration etc.
(d) for national races of which representatives are so permitted to participate
in legislatures of regions, states or self-administered areas in accord with
above paragraph (7) sub-paragraph (e), representatives are to be permitted to
participate, mainly to undertake their national race affairs, in administration
of respective region, state or self-administered area;
(e) "The National Convention shall forthwith carry out matters included in above
mentioned Paragraph (4) Sub-paragraphs (e) and (f) Paragraph (7) Sub-paragraph
(e) and this Paragraph Sub-paragraph (d)".
(9) In connection with the judiciary, it is laid down that -
(a) the judicial power of the State is distributed among Pyidaungsu Taya Hluttaw
(Supreme Court), Region Taya Hluttaw (Region High Court), State Taya Hluttaw
(State High Court) and law courts of different levels including law courts of
self-administered areas;
(b) in the Pyidaungsu is constituted one Pyidaungsu Taya Hluttaw. Pyidaungsu
Taya Hluttaw is the supreme law court of the State;
(c) Pyidaungsu Taya Hluttaw has powers to issue writs;
(d) a Region Taya Hluttaw is constituted in each of the regions and a State Taya
Hluttaw is constituted in each of the states;
(e) the following are stipulated as judicial principles-
- independent administration of justice in accord with law;
- administration of justice in public except where restricted by law;
- giving of right of defence and right of appeal by law in cases.
(10) In connection with the Tatmadaw, it is laid down that -
(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 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.
(11) In connection with citizens and citizens' fundamental rights and
responsibilities, it is laid down that -
(a) all persons born of parents both of whom are nationals are citizens; all
persons who have become citizens in accord with law on the date the State
Constitution comes into force are citizens; and citizenship, naturalization and
revocation of citizenship shall be as prescribed by law;
(b) every citizen shall enjoy rights of equality, rights of liberty and rights
of justice etc. as prescribed in the State Constitution;
(c) there shall be no right to hold a citizen in detention for more than 24
hours without the permission of a law court;
(d) every citizen has the duty to safeguard non-disintegration of the Union,
non-disintegration of national solidarity and perpetuation of sovereignty;
(e) every citizen is responsible to abide by and uphold the State Constitution;
(f) every citizen shall have the duty to learn military service as prescribed by
law;
(g) every citizen shall be responsible to undergo military service as prescribed
by law;
(h) public peace and tranquility and prevalence of law and order is the
responsibility of every citizen;
(i) necessary law shall be enacted to make citizens' freedoms, rights, benefits,
responsibilities and restrictions effective, firm and complete.
(12) In connection with the national races, it is laid down that -
(a) the State shall help develop language, literature, fine arts and culture of
the national races;
(b) the State shall help promote solidarity, mutual amity, and respect and
mutual help among the national races;
(c) the State shall help promote socio-economic development including education,
health, economy, transport and communications of less developed national races.
(13) In connection with the peasantry, it is laid down that -
(a) the State shall enact necessary law to protect the rights of the peasantry;
(b) the State shall help the peasantry get equitable value for their
agricultural produce.
(14) In connection with workers, it is laid down that -
the State shall enact necessary laws to protect the rights of workers.
(15) In connection with intellectuals and intelligentsia, it is laid down that -
- the State shall help promote the interests of the intellectuals and
intelligentsia.
(16) In connection with the State service personnel, it is laid down that -
(a) State service personnel shall be free from party politics;
(b) the State shall enact necessary laws for State service personnel to have due
security in service and sufficiency of food, clothing and shelter, for married
women in service to get maternity benefits, and for welfare to ease livelihood
of persons who have retired from service.
(17) In connection with national culture, it is laid down that -
- the State shall help for development, consolidation and preservation of
national culture,.
(18) In connection with education and health, it is laid down that -
(a) The State shall earnestly strive to improve education and health of the
people;
(b) the State shall enact necessary law to enable the national people to
participate in matters of education and health of the people;
(c) the State shall implement free compulsory primary education system;
(d) the State shall implement a modern education system that will promote
all-around correct thoughts and good morals and contribute towards building of
the nation.
(19) In connection with agriculture, it is laid down that -
- the State shall provide inputs such as technology, investments, machinery, raw
materials etc. as much as it can for changeover from manual to mechanized
agriculture;
(20) In connection with industry, it is laid down that -
- the State shall provide inputs such as technology, investments, machinery, raw
materials etc. as much as it can for development of industries.
(21) In connection with employment, it is laid down that -
- the State shall, as much as it can, help reduce unemployment among the people.
(22) In connection with mothers, children, the old and the infirm, it is laid
down that -
(a) the State shall care for mothers and children, orphans, fallen Tatmadaw
servicemen's children, the old and the infirm, and the disabled;
(b) the State shall arrange for disabled Tatmadaw servicemen to be able to make
a respectable livelihood and get free vocational training.
(23) In connection with the youths, it is laid down that -
- the State shall strive to imbue youths with strong and dynamic patriotic
spirit, correct way of thinking and the five noble strengths.
(24) In connection with religion, it is laid down that -
(a) every citizen is equally entitled to freedom of conscience and the right
freely to profess and practise religion subject to public order, morality or
health and to the other provisions of the State Constitution;
(b) the above right shall not include any economic, financial, political or
other secular activities that may be associated with religious practice;
(c) the freedom so guaranteed shall not debar the State from enacting laws for
the purpose of social welfare and reform;
(d) the State recognizes the special position of Buddhism as the faith professed
by the great majority of the citizens of the State;
(e) the State also recognize Islam, Christianity, Hinduism and Animism as some
religions existing in the Union at the date of the coming into force of the
State Constitution;
(f) the State shall help and protect as much as it can the religions it
recognizes;
(g) 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 is contrary to the State
Constitution and may be made punishable by law.
(25) In connection with the economy, it is laid down that -
(a) the State economic system shall be market economic system;
(b) the State permits all economic forces such as the State itself, regional
organizations, cooperative organizations, joint venture organizations and
private concerns etc. to take part in economic activities for the development of
national economy;
(c) the State shall prevent acts that harm public interests through
monopolization or manipulation of prices by an individual or group with intent
to jeopardize fair competition in economic activities;
(d) the State shall strive towards uplift of living standards of the people and
development of general investments;
(e) the State shall assist to acquire technology, investments, machinery and raw
materials etc. for development of national economy;
(f) the State will not nationalize economic enterprises;
(g) the State will not demonetize the currency that is legally put into
circulation.
(26) In connection with the land, the waters, the atmosphere and natural
resources, it is laid down that -
(a) the State is the ultimate owner of all the land, and natural resources above
and below the ground, above and beneath the waters and in the atmosphere within
its territorial boundary;
(b) the State shall enact necessary law to supervise economic forces extraction
and utilization of State owned natural resources;
(c) the State shall permit citizens right of private property, right of
inheritance, right of private enterprise, right of initiative and right of
patent in accord with law.
(27) In connection with elections, it is laid down that -
(a) every citizen shall have the right to vote and to stand for election
according to law;
(b) voters concerned shall have the right, in accord with provisions of the Sate
Constitution, to recall elected people's representatives.
(28) In connection with political parties, it is laid down that -
- the State shall enact necessary law for systematic formation of political
parties for flourishing of genuine multiparty democracy system.
(29) In connection with state of emergency, it is laid down that -
(a) when there arises a state of emergency characterized by inability to perform
executive functions in accord with provisions of the State Constitution in a
region or a state or a self-administered area, the President of the State is
empowered to exercise executive power in that region, state or self-administered
area and if necessary in doing so, the President of the State is empowered to
exercise legislative powers concerning that region, state or self-administered
area in accord with provisions of the State Constitution;
(b) when there arises or there is sufficient reason to arise a state of
emergency endangering life and property of the people in a region, a state or a
self-administered area, the Tatmadaw has the right, in accord with provisions of
the State Constitution, to preempt that danger and provide protection;
(c) when there arises a state of emergency that could cause disintegration of
the Union, disintegration of national solidarity and loss of national
sovereignty, due to takeover of sovereign State power or attempts therefor by
wrongful forcible means such as insurgency or violence, the Defence Services
Commander-in-Chief has the right to take over and exercise State power in accord
with provisions of the State Constitution.
(30) In connection with foreign affairs, it is laid down that -
(a) the State practises independent, active and non-aligned foreign policy, aims
at world peace and friendly relations with nations, and upholds the principles
of peaceful co-existence among nations;
(b) the State never starts aggression against any nation;
(c) no foreign troops are permitted to be deployed within the borders of the
Union.
(31) In connection with punishments, it is laid down that -
(a) there is no right for any penal law to provide for retrospective effect;
(b) there is no right to prescribe punishments that violate human dignity.
(32) In connection with the natural environment, it is laid down that -
- the State shall protect the natural environment.
(33) In connection with general provisions, it is laid down that -
(a) Myanmar language is the official language;
(b) the State fundamental principles are guidelines to be followed by the
legislative Hluttaws in enacting laws and in interpreting provisions of the
State Constitution and other laws;
(c) a Constitutional Tribunal shall be set up to interpret provisions of the
State Constitution, to scrutinize whether or not laws enacted by Pyidaungsu
Hluttaw, Region Hluttaws and State Hluttaws and functions of executive
authorities of Pyidaungsu, regions, states and self-administered areas are in
conformity with the State Constitution, to decide on disputes in connection with
the State Constitution between Pyidaungsu and regions, between Pyidaungsu and
states, between regions and states, among regions, among states, and between
regions or states and self-administered areas and among self-administered areas
themselves to perform other duties prescribed in the State Constitution.
After laying down the principles to serve as base for formulating State
fundamental principles, it will be carried on as follows:
- of those basic principles, relevant ones are to be taken as basis in
discussing basic principles in respective chapters.
- of those basic principles, those that should be mentioned in the preamble of
the State Constitution should be mentioned also in that preamble,
- principles concerning the State are to be mentioned separately in the chapter
heading 'The State',
- likewise, principles concerning respective chapters are to be transferred to
respective chapters, when discussions are held for those respective chapters,
- principles concerning the chapter 'State fundamental principles' are to be
retained in the chapter on State fundamental principles.
Prime Minister Receives National Race Leaders
1. 17 November 2003 Wa national race leader U Pauk Yu Chan and party
Shan State (North) Special Region-2
2. 22 November National race leaders U Hsay Htin and U Lwe Moung
Shan State (North) Special Region-3
3. 29 November Kachin national race leaders U Lamon Tujaing, U G Zaw Saing and
party, Kachin State Special Region-2, and peace negotiators Dr. Zabwe Jan and U
Khun Myat
4. 5 December U Za Khon Ting Ring and party
Leader of Kachin State Special Region-1
5. 25 December Vice-Chairman U Than Soe Naing and members
Kayan Pyithit Party
6. 27 December Chairman U Aung Hkam Hti, Vice-Chairman U Khin Kyaw Nyo and
party, Pa-O National Organization (PNO), Shan State (South) Special region-6
7. 3 January 2004 Chairman U Sandar, Vice-Chairman U Tun Kyaw and party , Kayah
State Special Region-2
8. 7 January Chairman U Takleh and party, Shan State Nationalities People's
Liberation Organization
9. 9 January Chairman U Htay Ko and party
Kayah State Special Region-1
10. 14 January U Khun Mein and party
Shan national race leader of Shwe Pyi Aye Development village
11. 19 January Chairman U Phone Kyar Shin and Vice-Chairman U Phone Kyar Phu and
members
Shan State (North) Special Region-1
12. 22 January Chairman U Matunaw and party
Shan State (North) Special Region-5
13. 23 January Chairman U Aik Mone and members
Shan State (North) Special Region-7
Armed National Groups that have Achieved Peace with the Government
Sr.
No. Name of Group Location Date of Entry to Legal Fold Head Quarters
1. Myanmar National Democracy Alliance (MNDA) Northern Shan State Special Region
(1) 31-3-89 Laukkai
2. Myanmar National Solidarity Party (MNSP) (WA) Northern Shan State Special
Region (2) 9-5-89 Pan San
3. National Democracy Alliance Army (NDAA)
Military Local Administration Committee Eastern Shan State Special Region (4)
30-6-89 Mong La
4. Shan State Army (SSA) Northern Shan State Special Region (3) 24-9-89 Sein
Kyawt
5. New Democratic Army (Kachin) (NDA) Kachin State Special Region (1) 15-12-89
Pan Wah
6. Kachin Defence Army (KDA) Northern Shan State Special Region (5) 11-1-91
Kaung Khar
7. Pa-o National Organization (PNO) Southern Shan State Special Region (6)
18-2-91 Kyauktalone
8. Palaung State Liberation Party (PSLP) Northern Shan State Special Region (7)
21-4-91 Namtu
9. Kayan National Guard (KNG) Kayah State Special Region (1) 27-2-92 Mobye /
Pha Khon
10. Kachin Independence Organization (KIO) Kachin State Special Region (2)
24-2-94 Lai Sin
11. Kayinni National Peoples Liberation Front (KNPLF) Kayah State Special Region
(2) 9-5-94 Hoya / Biya
12. Kayah New Land Party (KNLP) Kayah State Special Region (3) 26-7-94 Pyin
Saung
13. Shan State Nationalities People's Liberation Organization (SNPLO) 9-10-94
Naung Htaw
14. Kayinni National Progressive Party (KNPP) 21-3-95 Daw Tama Gyi Htipoe Kaloe
15. New Mon State Party (NMSP) 29-6-95 Ye Chaung Pyar
16. Mon Tai Army (MTA) 5-1-96 Homong, Lwelan,
Lweton, Monghtaw
17. Burma Communist Party (Rakhine State) (BCP) (Rakhine) 6-4-97 Buthing-daung
Maungdaw