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

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The Law Protecting the Peaceful and Systematic Transfer of State
Responsibility and the Successful Perf ormance of the Functions of the
National Convention against Disturbances and Oppositions

State Law and Order Restoration Coun cil Law No. 5/96 of June 7, 1996

The Tatmadaw has protected the interest s 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 th e responsibility of the State after making a
timely prevention of the dangers which could cau se the destruction of the State, the State
Law and Order Restoration Council (Tatmadaw) has established stability of the State,
community peace and tranquillity, preval ence of law and order and national
reconsolidation. It has also laid down the founda tions with a view to the development of a
genuine multi-party democracy system and the peaceful and systematic transfer of the
responsibility of the State.
The State Law and Order Restoration Counc il together with the people is striving
its utmost to build a peaceful and modern de veloped 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 th e fundamental principles and the detailed
principles to be based upon and is successfully convening the Nati onal 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 elemen ts are conducting acts which undermine the
stability of the State, community peace and tranquillity, prevalence of law and order and
national reconsolidation.
Furthermore, it is also found that dist urbance 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 c onducted. Such acts amount to obstruction,
disturbance and oppression to the developm ent of a genuine multi-party democracy
system and the peaceful and systematic tran sfer 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 Conve ntion, building of a
peaceful and modern development State, th e 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 Su ccessful Performance of the Functions of the
National Convention against Disturbances and Oppositions.
2. The following expressions contained in th is Law shall have the meanings given
hereunder:–
(a) “National Convention” means th e National Convention being convened by
the National Convention Convening Commissi on formed by the State Law and Order
Restoration Council under Order No. 13/92 Dated 2 October, 1992;
(b) “Functions of the National Conventi on” means the functions being carried
out by the National Convention.
(c) “Organization” means an organiza tion and its subordinate organizations
formed with the participation of a large number of persons. Th is expression also includes
a political party registered in accordance w ith the Political Parties Registration Law.

Chapter II
Prohibitions

3. No one and no organization shall violate e ither directly or indirectly any of the
following prohibitions:–
(a) inciting, demonstrating, deliver ing speeches, making oral or written
statements and disseminating in order to underm ine the stability of the State, community
peace and tranquillity and prev alence of law and order;
(b) inciting, delivering speeches, maki ng oral or written statements and
disseminating in order to underm ine national reconsolidation;
(c) disturbing, destroying, obstructi ng, inciting, delivering speeches, making
oral or written statements and disseminati ng in order to undermine, belittle and make
people misunderstand the functions being carri ed out by the National Convention for the
emergence of a firm and enduring Constitution;
(d) carrying out the functions of th e National Convention or drafting and
disseminating the Constitution of the St ate without lawful authorization;
(e) attempting or abetting the viol ation of any of the prohibitions.

Chapter III
Penalties

4. Whoever violates any prohibition containe d in section 3 shall, on conviction be
punished with imprisonment for a term of a mi nimum 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 prohi bition 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 La w 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 consen t 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 with the approval of the Government.

(Sd.) Than Shwe
Senior General Chairman The State Law and Order Restoration Council