Preface

This draft document, titled “Proposed Constitutional Rights for Myanmar Muslim Minorities”, is a preliminary contribution toward shaping a future democratic and inclusive Constitution for Myanmar. As its author, I, Dr. Ko Ko Gyi @ Abdul Rahman Zafrudin, humbly acknowledge that I am neither a legal expert nor a scholar of Islamic jurisprudence, but a medical doctor by profession.

My intention is simply to lay a foundational stone—offering a structured outline of rights based on international human rights standards and comparative constitutional practices, particularly with reference to the Singapore, Malaysia and Thai Constitution’s protections for its Muslim and Christian minorities. I sincerely hope that learned Muslim lawyers, religious scholars, and practitioners of Islamic law will take this draft forward, refining and expanding it into a comprehensive legal framework worthy of our diverse and pluralistic nation.

May this humble effort inspire further collaboration in the pursuit of justice, equality, and peaceful coexistence for all minorities in Myanmar.

This draft is guided by:

• Universal Declaration of Human Rights (UDHR)
• International Covenant on Civil and Political Rights (ICCPR)
• Conventions on Minority Rights
• Federal protections seen in countries like Malaysia (Sabah/Sarawak), Singapore
• Historical context of Myanmar’s diverse Muslim communities

PROPOSED CONSTITUTIONAL RIGHTS FOR MYANMAR MUSLIMS & MINORITY RELIGIOUS GROUPS

Introduction: Why We Need These Protections

Myanmar, as a majority-Buddhist nation, has historically struggled with protecting the rights and dignity of its religious and ethnic minorities, particularly Muslims—whether Rohingya, Bamar Muslims, Pathi, Panthay, Kaman, or others.

• Democracy must be based on “Rule of Law”, not “Rule by Law.” True democracy includes justice, fairness, empathy, tolerance, and loving-kindness for all.
• If majority rule suppresses minorities by legal force, democracy degenerates into mobocracy.
• Myanmar’s post-colonial history shows weaponization of religion and nationalism by both civilian and military leaders, leading to systemic discrimination and atrocities.
• General Aung San rightly rejected making Buddhism a national religion, as recalled in his reprimand of Deedoke U Ba Cho during the AFPFL conference.
• Sayagyi U Razak once declared that Myanmar Muslims did not want “minority rights,” because they saw themselves as part of the national fabric. That trust was ultimately betrayed.

This proposal calls for strong, enforceable constitutional rights for Muslims and other minorities—framed in modern legal language and backed by international norms.

PROPOSED CONSTITUTIONAL FRAMEWORK

I. CITIZENSHIP & IDENTITY RIGHTS

1. All ethnic and religious minorities, including Muslims, must be legally recognized as full citizens.
2. Right to be registered under a unified identity system with:
   • Birth Certificates
   • National Registration Cards (NRD)
   • Family Registration Lists
   • Passports
3. Right to self-identify ethnically as: Myanmar Muslim, Rohingya, Pathi, Kaman, Pashu, Panthay, Myaedu, etc.
4. Race/religion must not be a barrier to legal documentation, citizenship, or national inclusion.

II. CIVIL & POLITICAL RIGHTS

1. Full voting rights at all levels (local to national).
2. Right to contest elections and hold office at:
   • Local councils
   • Township and district administrations
   • National and regional parliaments
3. Right to reserved parliamentary representation in proportion to population (similar to India, Malaysia, Nepal and Singapore etc..
4. Protection from religious discrimination in:
   • Government services
   • Civil service, military, police, education sectors

III. RELIGIOUS & CULTURAL RIGHTS

1. Right to freely practice and propagate religion without interference.
2. Legal protection to:
   • Build new mosques and madrasas
   • Repair, renovate, or expand existing religious buildings
   • Teach own languages (Arabic, Urdu, Burmese, English and Pali), Maths, Science, IT and religious curriculum
3. Right to Islamic personal and family law:
   • Marriage, divorce, inheritance
   • Protected as customary law since pre-colonial and colonial times

IV. EDUCATION & EMPLOYMENT EQUALITY

1. No discrimination in:
   • University admissions
   • Government scholarships
   • Civil service entry or promotions
   • Armed forces and police recruitment
2. Establishment of:
   • Muslim professional associations
   • Muslim student and youth organizations

V. SOCIAL & HUMANITARIAN RIGHTS

1. Right to form:
   • Islamic welfare societies
   • Old-age homes
   • Orphanages
   • NGOs for humanitarian work
2. Rights to cemeteries with dedicated mosque areas.

VI. PROTECTIONS AGAINST HATE SPEECH & VIOLENCE

1. Criminalize:
   • Hate speech
   • Religious hate summons
   • Distribution of hate literature
2. Ban extremist organizations like Ma Ba Tha and all similar groups.
3. Enforce anti-discrimination laws:
   • Ban on “Muslim-Free Zones” in housing, towns, villages
   • Prevent landlords refusing to rent/sell to Muslims

VII. ECONOMIC EQUALITY & MOBILITY

1. Equal right to:
   • Start businesses
   • Migrate and settle in any part of Myanmar
   • Own property and land without discrimination
2. Ensure equal access to:
   • State tenders
   • Trade licenses
   • Financial support and microfinance

VIII. FEDERAL MODELS TO EMULATE

1. Malaysia (Sabah/Sarawak) – Cultural autonomy and revenue-sharing with federal government, especially in:
   • Language, education, and religion
   • Oil and gas revenues for local development
2. Singapore – Multi-religious protection within a secular legal framework
   • Clear constitutional prohibitions against religious or racial discrimination

CLOSING NOTE

Muslims of Myanmar are not guests or outsiders. They have:

• Fought alongside the Bamar against colonialism.
• Served in parliaments, cabinets, and civil service.
• Lived peacefully as part of Myanmar’s social fabric for centuries.

It is time the Constitution recognizes their rights with the dignity, protection, and equality they deserve—so that Myanmar may finally become a united, democratic, and just country for all.