CONSTITUTION OF MYANMAR

CHAPTER XI
FUNDAMENTAL RIGHTS AN DUTIES OF CITIZENS

Article 145
(a) All persons born of parents both of whom are nationals or the Socialist Republic of the Union of Burma are citizens of the Union.
(b) Persons who are vested with citizenship according to existing laws on the date this Constitution comes into force are also citizens.

Article 146
Citizenship, naturalization and revocation of citizenship shall be as prescribed by law.

Article 147
All citizens are equal be before the law irrespective of race status official position wealth, culture birth religion or sex.

Article 148
Every citizen shall have the right to-

(a) enjoy the benefits derived from his labor in proportion to is contribution in manual or mental labor and diligence;
(b) freely undertake any vocation permitted by the State within the framework of the Socialist economy;
(c) settle a reside in any place within the State according to the law.

Article 149
Every citizen in sickness shall have the right t to medical treatment as arranged by the State.

Article 150
Every working citizen has the right to-

(a) rest and recreation,
(b) fixed working hours and leave as prescribed by law.

Article 151
(a) Every working citizen shall e enjoy benefits as prescribed by law for injury due to occupational accidents or when disabled or sick or old.
(b) Heirs to any working citizen shall e enjoy benefits as prescribed by law on his death.

Article 152
(a) Every citizen shall have the right to education.
(b) Burmese is the common language Languages of the other national races may also be taught.
(c) Every citizen shall be given bask education which the State prescribes by law as compulsory.

Article 153
(a) Every citizen shall have the right to freely conduct scientific research, work with creativity and initiative to develop the arts, literature and other branches of culture.
(b) Every citizen shall have the right to freely use one's language and literature follow one's customs, culture and traditions and profess the religion of his choice The exercise of this right shall not, however, be to the detriment of national solidarity and the socialist social order which are the basic requirements of the entire Union 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 obtaining the consent of those affected.
(c) Notwithstanding the rights enjoyed under Clauses (a) and (b) acts which undermine the unity and solidarity of the national races, national security or the socialist social order arc prohibited. Persons who violate this prohibition shall be punished according to law.

Article 154
(a) Women shall enjoy equal political, economic, social and cultural rights as men.
(b) Mothers, children and expectant mothers shall enjoy those rights prescribed by law.
(c) Children born of citizens shall enjoy equal rights.
(d) Women shall enjoy freedoms and rights guaranteed by law as regards marriage, divorce, partition of property, succession and custody of their children.

Article 155
Every citizen shall have the right-

(a) subject to the provisions of this Constitution, to elect and be elected to the Pyithu Hluttaw and the People's Councils at different levels;
(b) to submit in accordance with law a list of candidates for election as people's representatives to the Pyithu Hluttaw and the People's Councils at different levels;
(c) to recall in accordance with law people's representatives elected to the Pyithu Hluttaw and the People's Councils at different levels.

Article 156
(a) Every citizen shall have the right to freedom of thought, and of conscience, and to freely profess any religion.
(b) Notwithstanding the rights and freedoms granted under Clause (a), the State may enact laws in the interests either of the working people or of law and order.
(c) Religion and religious organizations shall not be used for political purposes. Laws shall be enacted to this effect.

Article 157
Every citizen shall have freedom of speech, expression and publication to the extent that the enjoyment of such freedom is not contrary to the interests of the working people and of socialism.

Article 158
Every citizen shall have the right freely to take part in political, social, class and mass organizations permitted by law and to enjoy freedom of association, assembly and procession. The State shall provide necessary assistance to the people to enable them to enjoy fully these rights and freedoms.

Article 159
(a) Personal freedom and security of every citizen shall be guaranteed.
(b) No citizen shall be placed in custody for more than 24 hours without the sanction of a competent judicial organ.
(c) The State shall be responsible for the protection, in accordance with law, of citizens of the Socialist Republic of the Union of Burma who are abroad.

Article 160
The privacy and security of the home, property, correspondence and other communications of citizens shall be protected by law subject to the provisions of this Constitution.

Article 161
Every citizen's income, savings, property and residential buildings lawfully earned and acquired by his diligence and manual and mental contribution, instruments of production permitted to be owned within the framework of the socialist economic system, and other lawful possessions shall be protected by law.

Article 162
The right of every citizen to inheritance shall be recognized by law.

Article 163
(a) Every citizen shall fully e enjoy the rights provided by this Constitution.
(b) Laws shall be enacted to ensure the most expeditious and effective protection of the rights of citizens and prevent their violation.

Article 164
(a) Every citizen shall have the right to lodge complaints concerning their grievances to the competent organ of State power.
(b) The organ of State power shall investigate the complaints expeditiously and take such action as in be necessary.

Article 165
The right to sue for compensation any member of an organ of State power or any of the organs of State power or any public servant or any body of Public Services for abuse of authority entrusted by the people in violation of the rights or interests of any citizen shall be guaranteed and prescribed by law.

Article 166
Every citizen shall be under a duty in the exercise of his rights and freedom to abstain from undermining any of the following-

(a) the sovereignty and security of the State;
(b) the essence of the socialist system prescribed by this Constitution;
(c) the unity and solidarity of the national races;
(d) public peace and tranquillity;
(e) public morality.

Article 167
(a) Laws may be enacted imposing necessary restriction on the rights and freedoms of citizens to prevent in infringements of the sovereignty and security of the State the essence of the socialist system prescribed by this Cons the unity and solidarity of the national races public pence and tranquillity or public morality.
(b) Such a preventive e law shall provide that the restrictive order shall only be made collectively by a body and that the order shall be regularly reviewed and modified as necessary and that e a aggrieved person shall have the right of appeal to a higher organ.

Article 168
Every citizen shall be under a duty to abide by the provisions of this Constitution as well as the laws work discipline and local rules made for the building of a socialist society and discharge efficiently such duties as may be assigned to him by the State.

Article 169
Every citizen shall be under a duty to protect nationalized property co-operative owned property and public property and strive to the best of his ability for socialist capital accumulation for strengthening the defensive capacity of the State and enhancing the standards of living of the people.

Article 170
Every citizen shall be under a duty to protect and safeguard the independence sovereignty and territorial integrity of the Socialist Republic of the Union of Burma. This is a noble duty.

Article 171
Every citizen shall in accordance with law-

(a) undergo military training, and
(b) undertake military service for the defense of the State.

Article I72
Every citizen shall be under a duty to pay taxes and duties as prescribed by law.

CHAPTER XII
ELECTORAL SYSTEM

Article 173
The basic aims of the electoral system are as follows-
(a) to elect people's representatives who will truly represent the working people;
(b) to secure a broad participation of citizens in the electoral process;
(c) to elect Organs of the Pyithu Hluttaw and of the People's Councils at different levels that will truly represent the working people.

Article 174
(a) Citizens shall directly elect people's representatives by secret ballot.
(b) Every citizen who has attained the age of eighteen years shall have the right to vote.
(c) All citizens who have the right to vote shall enjoy equal voting rights.

Article 175
Constituencies for the election of people's representatives to the Pyithu Hluttaw and the People's Councils at different levels shall be formed as follows-

(a) constituency for Ward or Village-tract People's Council;
(b) constituency for Township People's Council;
(c) constituency for State or Divisional People's Council;
(d) constituency for the Pyithu Hluttaw.

Article 176
(a) Constituencies for the Pyithu Hluttaw shall be delimited on township basis.
(b) Each township shall elect one representative to the Pyithu Hluttaw.
(c) Townships with large populations shall, in addition to the right granted under Clause (b), elect representatives in proportion to population as prescribed by electoral law.
(d) Additional members of the Pyithu Hluttaw shall, by law, be allotted to States or Divisions having less than 10 townships and less than 10 lakhs in population. .

Article 177
Persons having the right to vote and possessing the following qualifications are eligible to stand for election as people's representatives to the Pyithu Hluttaw and to the People's Councils at different levels-

(a) being a citizen born of parents both of whom are also citizens;
(b) having attained the age of 20 years to stand for election to Ward, Village-tract and Township People's Councils;
(c) having attained the age of 24 years to stand for election to State and Divisional People's Councils;
(d) having attained the age of 28 years to stand for election to the Pyithu Hluttaw.

Article 178
The following persons shall not have the right to vote or to stand for election-

(a) members of religious orders, and
(b) persons disqualified by electoral law.

Article 179
The Burma Socialist Programme Party, in consultation with mass and class organizations formed under its leadership and with the electorate of the constituency concerned, and respecting their wishes, shall submit lists of candidates for election as people's representatives to the Pyithu Hluttaw and to the People's Councils at different levels.

Article 180
A candidate for election as a people's representative-

(a) shall stand for election to the Pyithu Hluttaw to the People's Council at one level only and
(b) from only one constituency.

Article 181
(a) The Pyithu Hluttaw shall form an Election Commission six months before the expiry of the terms of the Pyithu Hluttaw and the People's Councils for the purpose of electing a new Pyithu Hluttaw and new People's Councils at different levels.
(b) The Council of State shall submit to the Pyithu Hluttaw, a list of names of citizens who are qualified by law, other than members of the Council of State and of the Council of Ministers, from among whom the Election Commission may be formed.
(c) The Pyithu Hluttaw which decides to dissolve itself under Article 62, shall form, in accordance with Clause (b), an Election Commission for the election of a new Pyithu Hluttaw.
(d) Elections for the Pyithu Hluttaw and the People's Councils at different levels shall be held as prescribed by law, prior to the expiry of the terms of the Pyithu Hluttaw and the respective People's Councils.
(e) Sessions of the new Pyithu Hluttaw and of the new People's Councils at different levels shall be converted with the newly elected people's representatives on the date of expiry of the term of the old Pyithu Hluttaw and the old People's Councils.

Article 183
(a) If the Pyithu Hluttaw or any People's Council is dissolved before the expiry of its term elections shall be held as prescribed by law and sessions of the Pyithu Hluttaw or of the People's Council concerned shall be convened.
(b) If any State, Divisional or Township People's Council is dissolved, the Council of State shall form with suitable citizens, an Executive Committee, a Committee of Judges and a Local Inspectorate and temporarily assign duties to them pending the election of the respective new People's Council.
(c) If a Ward or Village-tract People's Council is dissolved, the Council of State shall form with suitable citizens, an Executive Committee and a Committee of Judges and temporarily assign duties to them pending the election of the respective new People's Council.

Article 184
Expenses incurred in the elections of people's representatives to the Pyithu Hluttaw and to the People's Councils at different levels shall be met out of State funds.

Article 185
(a) If the situation is not yet ripe for the election of any State, Divisional or Township People's Council, the Council of State shall form, with suitable citizens, an Executive Committee, a Committee of Judges and a Local Inspectorate and temporarily assign duties to them for the purpose of performing the functions of the People's Council concerned.
(b) If the situation is not yet ripe for the election of any Ward or Village-tract People's Council, the Council of State shall form with suitable citizens, an Executive Committee and a Committee of Judges and temporarily assign duties to them for the purpose of performing the functions of the People's Council concerned.

Article 186
The Pyithu Hluttaw shall enact such laws as may be necessary in connection with the election of people's representatives.

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