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SLORC RENEGED ITS PROMISE: DECLARAT



Subject: SLORC RENEGED ITS PROMISE: DECLARATION 1/90.

/* written 16 Jun 6:00pm 1996 by DRUNOO@xxxxxxxxxxxx in soc.culture.burma */
/* ----------" SLORC reneged its promise: Declaration 1/90 "---------- */
After the multi-party general election in 27-May-1990, the SLORC seems to
have been shocked by the un-expected win of National League for Democracy.
Instead of transferring state power to the elected representatives, the
Slorc declared the Order 1/90 in July 1990. It also appear that the
leadership of SLORC had exploited the Opposition's weakness: i.e. un-able
to consolidate power at that time in 1990. Crackdown on the NLD was
made in the period that followed. -- U Ne Oo.
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Full  text  of State Law and Order Restoration Council Declaration No. 1/90
is as follows:-

THE STATE LAW AND ORDER RESTORATION
COUNCIL DECLARATION,
(DECLARATION NO. 1/90)

The Sixth Waxing Daw of Wagaung, 1352 ME
(27the July, 1990)

1.      Myanmar Naing-Ngan became an independent and  sovereign  nation  on
4th January, 1948.

2.       The  situation in the whole of the country deteriorated because of
the disturbances during 1988. The Tatmadaw took over State Power  in  order
to  control the deteriorating situation in time and in the interests of the
people. The Tatmadaw abolished all the Organs of State Power including  the
Pyithu  Hluttaw,  formed  the  State  Law  and  Order  Restoration Council,
declared that it would carry out the four  main  tasks  and  undertook  the
responsibility of all the affairs of the State.

3.        The   State  Law  and  Order  Restoration  Council  issued  laws,
notifications, declarations  and  orders  which  have  the  force  of  law,
required  for effectively ensuring prevalence of law and order, the rule of
law and peace and tranquility throughout the country.

4.      In order to cease the food, clothing and shelter  problems  of  the
people  and to enable private, co-operative and joint venture businesses to
be undertaken, the State Law and Order Restoration  Council   has  repealed
the  restrictive laws and has issued necessary laws, orders, directives and
orders which have the force of law. Moreover, it is carrying  out  measures
which  should  be undertaken with a view to serving the long-term interests
of the State.

5.      The State  Law  and  Order  Restoration  Council  is  carrying  out
measures  which  should  be  undertaken  in order to ensure safe and smooth
transportation and communications and to improve the same.

6.      The State Law and Order Restoration Council (Tatmadaw)  is  not  an
organization  that observes any constitution; it is an organization that is
governing the nation by Martial Law. It is common knowledge that the  State
Law  and  Order  Restoration  Council is governing the nation as a military
government and that it is a government that has been accepted  as  such  by
the United Nations and the respective nations of the world.

7.       As  regards  international  relations,  the  State  Law  and Order
Restoration Council has declared that it will  pursue  an  independent  and
active  foreign  policy  and  has  friendly  relations  with the respective
nations of the world. With a view to promoting better diplomatic  relations
with  the respective nations the Government has not closed down any embassy
in Myanmar Naing-Ngan but has allowed them to continue to operate;  neither
has  it  withdrawn  Myanmar  embassies  from  foreign  countries,  but  has
continued to keep  them  open  and  maintains  normal  relations  with  the
respective  nations. Furthermore, the Government has even opened an embassy
in a country in which there was no Myanmar embassy previously.

8.      Myanmar Naing-Ngan being  a  member  of  the  United  Nations,  the
Myanmar  Embassy  to the United Nations strictly pursues the foreign policy
of Myanmar Naing-Ngan in international matters and in performing its duties
concerning the United Nations. Myanmar Naing-Ngan abide by  the  principles
of  peaceful  co-existence  in  its relations with other nations. MOreover,
Myanmar Naing-Ngan defends and safeguards its independence and  deals  with
other  nations' interference in its internal affairs in accordance with the
provisions of the United Nations Charter.

9.      In order to avoid disruption and  severance  of  relations  between
Myanmar Naing-Ngan and other nations, the Government magnanimously has time
and  again  told  some diplomats who have violated their diplomatic code of
conduct not to interfere in its internal affairs without  mentioning  their
names  and  the  nations to which they belong. Furthermore, it has informed
the matters to the embassies concerned through diplomatic channels.  As  it
has  been  able  to  avoid  matters  that may cause disruption of relations
between nations and governments by doing  so,  there  has  not  arisen  any
problem.  Misunderstandings  due  to  the activities of some diplomats have
been cleared with magnanimity, through diplomatic channels.

10.     The State Law and Order Restoration  Council  (Tatmadaw)  has  been
persistently  carrying  out  the  three  main  tasks  -  that of preventing
disintegration  of  the  Union,  preventing  disintegration   of   national
solidarity  and that of ensuring perpetuity of the sovereignty of the State
from the time it has assumed the duties and responsibilities of the  State.
Everybody  is aware that on the other hand it has launched major offensives
and crushed all  sorts of armed insurgents, sacrificing  the  lives,  blood
and  sweat  of  many  members  of the Tatmadaw. Since the Tatmadaw is not a
political organization, it did not hold negotiations with the insurgents by
political means. However, it welcomes all  those  who  have  renounced  the
programme  of  armed  struggle  and  returned  to the legal fold and a body
formed by it is carrying out resettlemet work for them. Since the State Law
and Order Restoration Councial is not a political  government,  it  has  no
reason  at  all  to  negotiate  by political means with any armed insurgent
organization.

11.     In order to enable the Multi-Party Democracy General Election to be
held, the State Law and Order Restoration Council enacted  the  Multi-Party
Democracy  General  Election  Commission  Law  and  formed  the Multi-Party
Democracy  General  Election  Commission.  It  also  It  also  enacted  the
Political  Parties  Registration Law to enable political parties wishing to
stand for the election to get themselves registered. Moreover, in order  to
hold a free and fair multi-party democracy general election, it enacted the
Pyithu Hluttaw Election Law.

12.      Section  3  of  the Pyithu Hluttaw Election Law provides that "The
Hluttaw shall be constituted with  the  representatives  elected  from  the
constituencies  in  accordance  with  this  law."  The  State Law and Order
Restoration Council  will  take  measures  for  summoning  the  Hluttaw  in
accordance with this provision. The Information Committee has, from time to
time  explained that the Multi-Party Democracy General Election Commission,
the parties which won seats in the election and the elected representatives
should carry out measures which should be carried out  in  accordance  with
the law and rules.

13.      Today,  after  the Multi-Party Democracy General Election has been
held, matters relating to summoning the Hluttaw and transfer of  power  are
being discussed in bulletins and panphlets published; guidelines in respect
thereof  are  being  given  and  incitements  and  instigations  are  being
undertaken by foreign broadcasting  stations  and  illegal  pamphlets  and
leaflets are being distributed.

14.     The matter of summoning the Hluttaw has been explained earlier. The
Chairman  of  the  State  Law  and  Order Restoration Council has explained
matters relating to transfer of power in the addresses  he  has  made  from
time  to  time  in  his  meeting with the Command Commanders, Commanders of
Light Infantry Divisions and  Chairmen  of  State/Division  Law  and  Order
Restoration   Councils.   The  Secretary-1  of  the  State  Law  and  Order
Restoration Council explicitly dealt with this matter at  the  100th  Press
Conference held on 13th July, 1990.

15.      There  will  be  no necessity to clarify the fact that a political
party cannot automatically get the three aspects of the State  Power -  the
legislative  power,  the  executive  power  and  the  judicial power - just
because a Pyithu Hluttaw has come into being and  that  they  can  only  be
obtained  on  the  basis  of  a  constitution. The Constitution of 1947 was
accepted and approved by the Constituent Assembly on 24th September,  1947.
However,   it  can  clearly  be  seen  from  the  legal  aspect  that  that
constitution came  into  force  only  on  4th  January  1948  when  Myanmar
Naing-Ngan  was  declared an independent and sovereign State. There are two
types of constitutions for a nation  -  one  drawn  up  before  the  nation
becomes  independent  and  the  other  drawn up after the nation has become
independent. The tradition followed by the respective  nations  which  have
attained  independence is that they hold constituent assemblies and draw up
the constitutions only after they have acquired sovereign  power.  However,
in  Myanmar Naing-Ngan independence was declared only after the Constituent
Assembly had drawn up the constitution. It is clear that this  was  due  to
the  fact  that  the  leaders  of the nation in those days wanted to obtain
independence from the British by peaceful means as early as possible.

16.      The  Constitution  of  1974  was  drawn  up  after  the   nation's
independence  had  been  gained  and no one can deny the fact that it was a
constitution promulgated through a national referendum.

17.     It is necessary to note particularly the  difference  in  that  the
Constitution of 1947 was drawn up before the independence of the nation was
attained  and  that  the  Constitution  of  1974  was  drawn  up  after the
independence of the nation had been attained.

18.     It can be seen from the statements issued that the  desire  of  the
majority  of  the  political  parties  which  contested  in the Multi-Party
Democracy General Election is to draw up a new  constitution.  It  will  be
seen  that  when  the Constitution of 1947 was drawn up, matters concerning
the national races were discussed only  with  the  Shan,  Kachin  and  Chin
nationals  at the Panglong Conference and that they were not discussed with
the Mon and Rakhine nationals. Today, in Myanmar Naing-Ngan there are  many
national  races  who have awakened politically and it is obvious that it is
especially necessary to draw up a firm constitution after soliciting  their
wishes and views.

19.      As  the  State  Law  and  Order  Restoration Council is a military
government, it exercise Martial Law. As such it  exercises  the  following
three aspects of State Power in governing Myanmar Naing-Ngan:

    (a) Legislative power: Only the State Law and Order Restoration Council
        has the right to exercise it.
    (b) Executive  power:  The State Law and Order Restoration Council has
        the right to exercise it. However, it has delegated this power  to
        the   Government,   State/Division,  Township  Zone,  Township  and
        Ward/Village-tract Law and Order Restoration Councils at  different
        levels and has caused administrative work to be carried out through
        collective  leadership.  This  is  a form of giving training to the
        service personnel so that they will be able to perform, by  keeping
        themselves  free  from party politics their departmental work under
        the  government  that  will  come  into  being  according  to   the
        constitution.
    (c) Judicial power: The State Law and Order Restoration Council has the
        right  to exercise it. However, the Government has formed courts at
        different levels to adjudicate on ordinary criminal and civil cases
        so that they will have practical training when a constitution comes
        into being.

20.     Consequently under the present circumstances,  the  representatives
elected  by the people are those who have the responsibility to draw up the
constitution of the future democratic State.

21.     It is hereby declared that the  State  Law  and  Order  Restoration
Council will in no way accepting the drawing up of a temporary constitution
for  forming  a  government  to take over State Power and that it will take
effective action if it is done so, and that in the interim period before  a
government  is  formed  in accordance with a new firm constitution drawn up
according to the desires and aspirations of the people, the State  Law  and
Order Restoration Council (Tatmadaw) will defend and safeguard -

    (a) the  three  main  causes  -- such as the non-disintegration of the
        Union,  non-disintegration  of  national  solidarity  and  ensuring
        perpetuity of the sovereignty;
    (b) of  the  four  main  tasks  mentioned  in  the State Law and Order
        Restoration Council Declaration No 1/88 such as the  prevalence  of
        law  and  order,  the  rule of law, regional peace and tranquility,
        ensuring safe and smooth transportation and  communication,  easing
        the  food,  clothing and shelter problems of the people and holding
        Multi-Party Democracy General Election, the first three main  tasks
        (with  the  exception  of  the  task  of  holding  the  multi-party
        democracy general election) and
    (c) the task of bringing about the  development  of  all  the  national
        races of Myanmar Naing-Ngan.

                                        By order,
                                        Sd. Khin Nyunt
                                        Secretary-1
                              The State Law and Order Restoration Council
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