Myanmar 2008 Constitution (reviewed 2015)

Chapter VIII. Citizen, Fundamental Rights and Duties of the Citizens

1. 1. All persons who have either one of the following qualifications are citizens of the Republic of the Union of Myanmar:
      1. person born of parents both of whom are nationals of the Republic of the Union of Myanmar;
      2. person who is already a citizen according to law on the day this Constitution comes into operation.
   2. Citizenship, naturalization and revocation of citizenship shall be as prescribed by law.
   3. The Union shall guarantee any person to enjoy equal rights before the law and shall equally provide legal protection.
   4. The Union shall not discriminate any citizen of the Republic of the Union of Myanmar, based on race, birth, religion, official position, status, culture, sex and wealth.
   5. Citizens shall enjoy equal opportunity in carrying out the following functions:
      1. public employment;
      2. occupation;
      3. trade;
      4. business;
      5. technical know-how and vocation;
      6. exploration of art, 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 equal rights as prescribed by law.
   8. The Union shall, upon specified qualifications being fulfilled, in appointing or assigning duties to civil service personnel, not discriminate for or against any citizen of the Republic of the Union of Myanmar, based on race, birth, religion, and sex. However, nothing in this Section shall prevent appointment of men to the positions that are suitable for men only.
   9. Nothing shall, except in accord with existing laws, be detrimental to the life and personal freedom of any person.
   10. Every citizen shall be at liberty in the exercise of the following rights, if not contrary to the laws, enacted for Union security, prevalence of law and order, community peace and tranquility or public order and morality:
       1. to express and publish freely their convictions and opinions;
       2. to assemble peacefully without arms and holding procession;
       3. to form associations and organizations;
       4. 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 Republic of the Union of Myanmar according to law.
   12. The Union shall protect according to law movable and immovable properties of every citizen that are lawfully acquired.
   13. The Union shall protect the privacy and security of home, property, correspondence and other communications of citizens under the law subject to the provisions of this Constitution.
   14. The Union prohibits the enslaving and trafficking in persons.
   15. The Union prohibits forced labor except hard labor as a punishment for crime duly convicted and duties assigned by the Union in accord with the law in the interest of the public.

360

1. 1. 1. The freedom of religious right given in Section 34 shall not include any economic, financial, political or other secular activities that may be associated with religious practice.
      2. The freedom of religious practice so guaranteed shall not debar the Union from enacting law for the purpose of public welfare and reform.
   2. The Union recognizes special position of Buddhism as the faith professed by the great majority of the citizens of the Union.
   3. The Union also recognizes Christianity, Islam, Hinduism and Animism as the religions existing in the Union at the day of the coming into operation of this Constitution.
   4. The Union may assist and protect the religions it recognizes to its utmost.
   5. The abuse of religion for political purposes is forbidden. Moreover, 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 this Constitution. A law may be promulgated to punish such activity.
   6. 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 detrimental to national solidarity. Moreover, any particular action which might adversely affect the interests of one or several other national races shall be taken only after coordinating with and obtaining the settlement of those affected.
   7. Every citizen, in accord with the educational policy laid down by the Union:
      1. has the right to education;
      2. shall be given basic education which the Union prescribes by law as compulsory;
      3. have the right to conduct scientific research explore science, work with creativity and write to develop the arts and conduct research freely other branches of culture.
   8. Every citizen shall, in accord with the health policy laid down by the Union, have the right to health care.
   9. The Union shall honour and assist citizens who are outstanding in education irrespective of race, religion and sex according to their qualifications.

369

1. 1. 1. Subject to this Constitution and relevant laws, every citizen has the right to elect and right to be elected to the Pyithu Hluttaw, the Amyotha Hluttaw, and the Region or State Hluttaw.
      2. Relevant electorate has the right to recall a Hluttaw representative in accord with the law.
   2. Every citizen has, in accord with the law, the right to conduct business freely in the Union, for national economic development.
   3. The Union may assist the access to technology, investment, machinery, raw material, so forth, for national economic development.
   4. The Union guarantees the right to ownership, the use of property and the right to private invention and patent in the conducting of business if it is not contrary to the provisions of this Constitution and the existing laws.
   5. Any person who committed a crime, shall be convicted only in accord with the relevant law then in operation. Moreover, he shall not be penalized to a penalty greater than that is applicable under that law.
   6. 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 the retrial.
   7. An accused shall have the right of defence in accord with the law.
   8. No person shall, except matters on precautionary measures taken for the security of the Union or prevalence of law and order, peace and tranquility in accord with the law in the interest of the public, or the matters permitted according to an existing law, be held in custody for more than 24 hours without the remand of a competent magistrate.
   9. In order to obtain a right given by this Chapter, application shall be made in accord with the stipulations, to the Supreme Court of the Union.

378

1. 1. In connection with the filing of application for rights granted under this Chapter, the Supreme Court of the Union shall have the power to issue the following writs as suitable:
      1. Writ of Habeas Corpus;
      2. Writ of Mandamus;
      3. Writ of Prohibition;
      4. Writ of Quo Warranto;
      5. Writ of Certiorari.
   2. The right to issue writs by the Supreme Court of the Union shall not affect the power of other courts to issue order that has the nature of writs according to the existing laws.
2. At the time of the occurrence the following situation, the rights under Section 377 shall not be suspended unless the public safety may so require:
   1. in time of war;
   2. in time of foreign invasion;
   3. in time of insurrection.
3. Every citizen who has relations with foreign countries shall have the right to seek protection of the Union at home or abroad.
4. Except in the following situations and time, no citizen shall be denied redress by due process of law for grievances entitled under law:
   1. in time of foreign invasion;
   2. in time of insurrection;
   3. in time of emergency.
5. In order to carry out their duties fully and to maintain the discipline by the Defence Forces personnel or members of the armed forces responsible to carry out peace and security, the rights given in this Chapter shall be restricted or revoked through enactment to law.
6. Every citizen has the duty to uphold:
   1. non-disintegration of the Union;
   2. non-disintegration of national solidarity;
   3. perpetuation of sovereignty.
7. Every citizen has duty to abide by the provisions of this Constitution.
8. Every citizen has the duty to safeguard independence, sovereignty and territorial integrity of the Republic of the Union of Myanmar.
9. Every citizen has the duty to undergo military training in accord with the provisions of the law and to serve in the Armed Forces to defend the Union.
10. Every citizen, with the Union Spirit, has the duty to enhance unity among national races and to ensure public peace and stability.
11. Every citizen has the duty for the emergence of a modern developed Nation.
12. Every citizen has the duty to pay taxes to be levied according to the law.
13. Every citizen has the duty to assist the Union in carrying out the following matters:
    1. preservation and safeguarding of cultural heritage;
    2. environmental conservation;
    3. striving for development of human resources;
    4. protection and preservation of public property.