National Unity Government
Ministry of Defence

ကာကွယ်ရေးမူဝါဒ (ပေါ်လစီ) ဆိုင်ရာအခြေခံမူများ

With the objective to ensure democratic control of the defence sector in accordance with the federal system, hereby prescribed the following principles;

Alignment with political policies

1

The defence policies shall be in line with the political policies set by the National Unity Government (NUG).

2

The defence policies shall be aligned with democracy and human rights standards.

3

The defence policies shall be aligned with federal values such as equality and self-determination.

Leadership

4

Minister and Deputy Minister of Defence shall be civilians.

5

Minister of Defence shall manage and supervise the Tatmadaw (Armed forces) according to the defence policies.

6

Defence and Security Council shall be established under the leadership of the government.

7

Commander in Chief shall appoint the nominee of Minister of Defence as the Chief of Staff of the Tatmadaw (Armed forces). In doing so, there shall be no racial or religious discrimination.

Establishment and implementation of Defence policies

8

Ministry of Defence shall develop and implement defence policies.

9

Civilian experts from various sectors shall be included in the structure of the Ministry of Defence.

10

Ministry of Defence shall disclose information to the public and seek advice from the people when developing defence policies.

Legislative supervision on the defence sector

11

There shall be civilian governance and supervision for defence issues.

12

Defence budget shall be presented to the parliament and obtain its approval.

13

Defence expenditures shall have transparency and the parliament shall have the right to convene a hearing in relation to the expenditures.

14

There shall be coordination with the parliament or the defence and security committee of the Committee Representing Pyidaungsu Hluttaw.

Judiciary supervision on defence sector

15

Any crimes committed by the military to the civilians shall be heard and adjudicated in the civilian courts.

16

If the military’s activities were suspicious to have caused damages to the people, the crimes shall not only be investigated at the military court, but the civilian court shall also have the similar right to jurisdiction.

Management of Defence

17

Ministry of Defence shall enact and exercise management rules and regulations (bylaws) in accordance with the approval of the parliament.

18

Specific duties and responsibilities of different divisions shall be clearly defined.

19

Structure of the Tatmadaw shall be specified.

20

There shall be handbooks for respective devisions and armed forces to defence.

21

Reports related to defence shall be submitted to the People’s Defence and Security Council.

Compliance with internationally accepted laws and code of conducts

22

Shall comply with the Law of War and other components of International Law which do not contradict with the national interest.

23

Shall comply and respect the Provisions laid down in the Geneva Conventions during warfare.

24

Media outlets shall have the right to get news and information freely.

Designating positions and duties

25

Shall develop and specify necessary requirements in the matter of systematically administering positions and duties for the defence sector.

26

Shall ensure non-discrimination in terms of race and religion when appointing and assigning positions and duties related to defence.

27

Shall ensure non-discrimination in terms of gender and sexual orientation when appointing and assigning positions and duties related to defence.

Financial Management and Resources sharing

28

Shall establish a specific Defence Expenditure Management Committee.

29

Shall make appropriate management for defence expenditures according to the financial policy provisions.

30

Shall accept audits from relevant civilian audit department.

31

Shall draft defence expenditures based on the political and economic contexts of the country.

32

The Parliament may scrutinize, reduce, cut or amend the budgets submitted by the Ministry.

Effective International Cooperation

33

International cooperation shall be in accordance with the foreign policies of the Government, defence policies of the Ministry, national laws and protocols.

34

Shall closely discuss and negotiate with the concerned Ministry of Foreign Affairs and Ministry of Defence in order to ensure effective international cooperation in regards to the defence matters.

35

Shall conduct joint military training and cooperation with international troops, and shall have the right to serve joint duties in the global peacekeeping forces.