The State Law and Order Restoration
Council
The Law Protecting the Peaceful
and Systematic Transfer of State Responsibility
and the Successful Performance of the Functions
of the National Convention against Disturbances
and Oppositions
(The State Law and Order Restoration Council Law
No. 5/96)
7th Waxing Day of Nayon, 1358 M.E.
(7th June,1996)
The Tatmadaw has protected the
interests of the State and the people whenever disturbances
which undermine national unity in the State and
Sovereignty of the State occur. Likewise from the
time it took over the responsibility of the State
after making a timely prevention of the dangers
which could cause the destruction of the State,
the State Law and Order Restoration Council (Tatmadaw)
has established stability of the State, community
peace and tranquility, prevalence of law and order
and national reconsolidation. Jt has also laid down
the foundations with a view to the development of
a genuine multiparty democracy system and the peaceful
and systematic transfer of the responsibility of
the State.
The State Law and Order Restoration
Council together with the people is striving its
utmost to build a peaceful and modern developed
State, after laying down the political objectives,
economic objectives and social objectives.
At the same time, in order to
draft a firm and enduring Constitution, the State
Law and Order Restoration Council formed the National
Convention Convening Commission and assigned responsibility
to lay down the fundamental principles and the detailed
principles to be based upon and is successfully
convening the National Convention with an extensive
participation of representatives from the entire
State.
However, it is found that people
who are against the development and progress of
the State with reliance on external elements are
conducting acts which undermine the stability of
the State, community peace and tranquility, prevalence
of law and order and national reconsolidation. -
Furthermore, it is also found
that disturbance of the functions of the National
Convention and acts such as incitement, delivering
speeches, making oral and written statements and
disseminating in various ways to belittle the National
Convention and to make the people misunderstand
are being conducted.
Such acts amount to obstruction,
disturbance and opposition to the development of
a genuine multi-party democracy system and the peaceful
and systematic transfer of the responsibility of
the State. Consequently as it has become necessary
to prevent the obstruction, disturbance and opposition
to the peaceful and systematic transfer of responsibility
of the State successful performance of the functions
of the National Convention, building of a peaceful
and modern developed State, the State Law and Order
Restoration Council hereby enacts the following
Law:-
Chapter I
Title and Definition
1. This Law shall
be called The Law Protecting the Peaceful and Systematic
Transfer of State Responsibility and the Successful
Performance of the Functions
of the National Convention against Disturbances
and Oppositions.
2. The following
expressions contained in this Law shall have the
meanings
given hereunder:-
(a) "National Convention"
means the National Convention being convened by
the National Convention Convening Commission formed
by the State Law and Order Restoration Council under
Order No.13/ 92 Dated 2nd October, 1992;
(b) "Functions of the National
Convention" means the functions being carried
out by the National Convention;
(c) "Organization" means
an organization and its subordinate organizations
formed with the participation of a large number
of persons. This expression also includes a political
party registered in accordance with the Political
Parties Registration Law.
Chapter II
Prohibitions
3. No one or no
organization shall violate either directly or indirectly
any of the following prohibitions:-
(a) inciting, demonstrating, delivering speeches,
making oral or written statements and disseminating
inorder to undermine the stability of the State,
community peace and tranquillity and prevalence
of law and order;
(b) inciting, delivering speeches,
making oral or written statements and disseminating
in order to undermine national reconsolidation;
(c) disturbing, destroying, obstructing,
inciting, delivering speeches, making oral or written
statements and disseminating in order to undermine,
belittle and make people misunderstand the functions
being carried out by the National Convention for
the emergence of a firm and enduring Constitution;
(d) carrying out the functions
of the National Convention or drafting and disseminating
the Constitution of the State without lawful authorization;
(e) attempting or abetting the
violation of any of the above prohibitions.
Chapter IlI
Penalties
4. Whoever violates
any prohibition contained in section 3 shall, on
conviction be punished with imprisonment for a term
of a minimum of (5) years to a maximum of (20) years
and may also be liable to fine.
5. If any organization
or any person on the arrangement or abetment of
any organization violates any prohibition contained
in section 3, such organization may be-
(a) suspended for a period to be specified;
(b) abolished; or
(c) declared as an unlawful association
under the Unlawful -Associations’ Law.
6. All funds and
property of an organization against which action
is taken under section 5 may also be confiscated.
Chapter IV
Miscellaneous
7. In prosecuting
under section 3 of this Law prior sanction of the
Government
shall be obtained.
8. Action taken
under sections 5 and 6 of this Law shall be carried
out by the Ministry of Home Affairs with the consent
of the Government.
9. Such orders
and directives as may be required under this Law
shall be issued by the Ministry of Home Affairs
~‘ith the approval of the Government.
Sd./ Than Shwe
Senior General
Chairman
The State Law and Order Restoration Council