BURMA PRESS
SUMMARY
From the Rangoon "The New Light of Myanmar"
Compiled for the Burma Studies Group by Hugh C. MacDougall
Published by the Center for East Asian and Pacific Studies, University of
Illinois
Volume IX, No. 11, November 1995
NATIONAL CONVENTION
Plenary Session
Lt-Gen. Myo Nyunt's Opening Address
Press Release on NLD Withdrawal
Lt-Gen. Myo Nyunt on NLD Withdrawal
NATIONAL
CONVENTION
Plenary
Session
Nov. 28: The National Convention Plenary
Session reconvened, with 631 of 677 delegates present. Chairman Lt-Gen. Myo
Nyunt of the National Convention Convening Commission addressed the opening
session [see below]. The National League for Democracy, refused to continue to
participate in the Convention, and its delegates withdrew. [see
below for Commission Press Release on the NLD withdrawal from the National
Convention]. (NLM 11/29)
Nov. 29: The Plenary Session continued, with
545 of 591 delegates present. [Withdrawn NLD delegates are no longer counted --
HCMacD.] National Convention Convening Commission
Chairman Lt-Gen. Myo Nyunt addressed the session concerning the withdrawal of
the National League for Democracy [see below, under NLD Withdrawal]. The
Session then heard proposals on the Structure of Legislature presented by Peasants,
Workers, Intellectuals and Intelligentsia, and State Service Personnel groups
[full texts]:
Peasant delegate group
National Convention delegate U Than Maung of Kanbalu Township, Sagaing Division, of the Peasant delegate group said the
group would present the paper in two parts. He said the first part would be
presented by himself and the second part by U Kyi Maung of
He said in connection with legislature the
convention has already laid down a fundamental principle that the legislative
power of the State is distributed among Pyidaungsu Hluttaw, Region Hluttaw and
State Hluttaw; and legislative power stipulated by the State Constitution shall
be distributed to self-administered areas. In laying down the fundamental principles
based on this principle, detailed principles should be laid down as:
1. The legislative power of the State is
distributed among Pyidaungsu Hluttaw, Region Hluttaw and State Hluttaw.
2. Legislative power stipulated by the State
Constitution shall be distributed to self-administered areas.
He said in stipulating the number of Pyithu
Hluttaw representatives and constituting the Pyithu Hluttaw, detailed
principles should be laid down as:
-- The Pyithu Hluttaw is to be constituted
with 440 representatives as follows:
(a) no more than 330
representatives elected on the basis of population,
(b) no more than 110
Tatmadaw servicemen nominated as such by the Defence Services
Commander-in-Chief.
In connection with the proposals to be
included in the detailed principles for constituting the Amyotha
Hluttaw, he said it should consist of equal number of Hluttaw representatives
from the Regions and States and Tatmadaw servicemen Hluttaw representatives
nominated by the Defence Services Commander-in-Chief in accord with the
fundamental principles laid down. He said the number of representatives of the
Hluttaw that would emerge later should be about twice the number of
representatives of the Amyotha Hluttaw. He said it
had already been proposed that the Pyithu Hluttaw should be made up of 440
representatives at most. Hence, he said the Amyotha
Hluttaw should be constituted with 220 Hluttaw representatives or about that
number of 224 Hluttaw representatives. Then only would it be possible to
stipulate 16 Hluttaw representatives from each Region and State in electing
equal number of Amyotha Hluttaw representatives
including Tatmadaw servicemen. Amyotha Hluttaw representatives. [sic] He
said out of the 16, 12 are to be elected and four Tatmadaw servicemen
representatives nominated by the Defence Services Commander-in-Chief should be
included.
In presenting the second part, peasant
delegate U Kyi Maung said Region Hluttaws and State Hluttaws are to promulgate
necessary laws for the Regions and States exercising powers invested to them
mainly by the State Constitution.
He said in accord with the fundamental
principles, the Region Hluttaws or State Hluttaws should comprise Hluttaw
representatives elected from the stipulated constituencies of the Region or
State concerned, Tatmadaw servicemen representatives nominated by the Defence
Services Commander-in-Chief and national race representatives residing in the
respective Regions or States with appropriate sizes of population.
Hluttaw representatives are to be elected
township-wise in the Regions and States for the respective Region Hluttaws and
State Hluttaws, he added.
He said population of the country at present
is about 44 million. Certain national races who have
0.1 per cent of the total population should be included in the legislature and
executive of the self-administered areas in the Regions and States concerned,
he said. National races who meet this stipulation would be permitted in the
legislature and executive of the Regions or States and self-administered areas
as national race representatives, he added.
Other national races who have less than 0.1
per cent of the total population wishing to present their affairs to the Region
Hluttaws or State Hluttaws will be permitted to do so through the Region/State
Hluttaw representatives elected from their respective constituencies, he said.
He spoke of the need to lay down in detail
the principles barring those from being elected as fundamental principles have
been laid down in detail on connection with prescribing qualifications for the
Hluttaw representatives.
He said the following principles should be
laid down as bases:
-- The following persons shall not have the
right to stand for election as Pyithu Hluttaw representatives:
(a) any person
serving prison terms after he was convicted by a court for committing a crime,
(b) any person, whether before or after the
commencement of this Constitution, who has been convicted of an offence
disqualifying him to stand for election as Pyithu Hluttaw representative for a
prescribed period, unless such period has elapsed,
(c) any person who
is of unsound mind and stands so declared by a relevant law,
(d) any person who
is undischarged bankrupt or insolvent,
(e) any person who
is under any acknowledgement of allegiance or adherence to a foreign power, or
is a subject or citizen,
(f) any person who
is entitled to the rights and privileges of a subject or citizen of a foreign
power,
(g) any person who is directly or indirectly
enjoying money, land, housing, buildings, vehicles, property etc. of the
government or religious associations or any other organizations of a foreign
country or a member of such association or organization,
(h) any person who speaks, gives talks,
issues announcements and instigates to vote or not to vote using religious for
political cause or a member of such an organization,
(i) any person who is a member of a religious order,
(j) any person who
is a civil servant,
(k) any person who
is enjoying directly or indirectly the State-owned money, land, housing,
building, vehicle, property etc. or a member of such an organization.
Exception (1). As regards State-owned money neither pension
allowances nor cash granted officially by the State in the service of State are
included.
Exception (2). As regards State-owned land, housing, building,
vehicles and property, neither State-owned land, housing,
building and flats, other buildings and flats permitted under a law or
permitted to discharge State duty or rented by the State nor State-owned
aircraft, trains, ships, motor vehicles etc. rented by the state are included.
[sic]
(l) any person, whether before or after the
commencement of this Constitution, who has been found to have been guilty of an
offence or corrupt or illegal practice relating to elections to stand for
election as Pyithu Hluttaw representative or disqualified to stand for election
as Pyithu Hluttaw representative for his failure to abide by the election law
for a period, and unless such period has elapsed.
Moreover, he said, detailed fundamental
principle should be laid down in connection with the qualifications of the
Tatmadaw servicemen representatives as follows:
-- Tatmadaw servicemen Pyithu Hluttaw
representatives nominated by the Defence Services Commander-in-Chief are to
meet the qualifications prescribed for the Pyithu Hluttaw representatives.
He said the proposals on the legislature were
submitted within the framework of the six objectives of the National Convention
and 104 fundamental principles laid down.
He noted that the proposals included
fundamental principles that would serve the interests of the respective
national races aimed at consolidating the unity of national races in the Union
of Myanmar. Similarly, he said, there included fundamental principles that
would protect the nation from dangers, safeguard Our Three Main National Causes
and enable the Tatmadaw to participate in the national political leadership
role of the future State.
He then expressed his belief that the
fundamental principles in connection with the structure of the legislature
would contribute toward emergences of a State Constitution which will ensure
perpetuation of the State and national solidarity and give security and
protection to the nation and the people.
Proposal paper of worker delegates group
U Tha Aye of
He said the worker delegates group would
discuss lasting principles that would contribute to national consolidation. In
other words, he said, the group would present principles that conform to the
aspirations of the people and suit the objective conditions in the long run.
Moreover, he said, fundamental principles
laid down for the structure of the legislature are designed to enable all the
national races to share rights, privileges and responsibilities equitably and
enable the Tatmadaw which has fine traditions to play a national political
leadership role with the proper ratio in the Pyithu Hluttaw of the Tatmadaw
servicemen representatives.
He said the National Convention delegates
with common goals and aspirations are prepared to carry on for the emergence of
a new State Constitution to be written to allow harmonious participation of the
representatives of the national races, mass and class organizations and
Tatmadaw servicemen.
12 The worker delegates group, mindful of the
six objectives of the National Convention, would present suggestions for the
fundamental principles which should be included in the State Constitution, he
said.
In connection with the structure of the
Pyithu Hluttaw, he said there are a total of 324 townships in the Union of
Myanmar at present. Population in certain townships is dense but sparse in
some. However, he said, national brethren are living together in almost every
township. Hence, election of representatives township-wise based on population
would allow a large number of national races to take part in the Pyithu
Hluttaw, he said, adding one Pyithu Hluttaw representative is to be elected
from each township the population of which is 300,000 or more. In so doing, he
said, it should be stipulated that no more than 330 Pyithu Hluttaw
representatives are to be elected. When more Pyithu Hluttaw representatives are
need [sic] to be elected to meet 330, he said, one representative each is to be
elected from the townships which have more than 300,000 population
starting from the township with greatest number of population. This should be
prescribed in accordance with the election law. Then a total of 330
representatives would be elected from townships, he said. With 110 Tatmadaw
servicemen Pyithu Hluttaw representatives, Pyithu Hluttaw should be constituted
with the total number of 440 Pyithu representatives, he said.
In connection with the formation of the Amyotha Hluttaw, a fundamental principle has been laid down
that an equal number of Hluttaw representatives are to be elected from the
Regions and States with the participation of Tatmadaw servicemen Hluttaw
representatives nominated by the Defence Services Commander-in-Chief, he said.
Hence, he said, he would like to suggest what
number of Hluttaw representatives should comprise the Amyotha
Hluttaw. The number of Pyithu Hluttaw representatives should be twice the
number of Amyotha Hluttaw representatives, he said,
adding the worker delegates group has proposed the number of Pyithu Hluttaw
representatives should be 440 at most. The Amyotha
Hluttaw, therefore, should be made up of 220 or around this number of
representatives, he suggested.
Altogether 16 Amyotha
Hluttaw representatives, including Tatmadaw member Amyotha
Hluttaw representatives, should be included in each of the Regions and States
in accord with the fundamental principles already laid down, and 12 of the 16
are to be elected and the remaining four should be Tatmadaw member Hluttaw
representatives nominated by the Defence Services Commander-in-Chief, he said.
He proposed that Amyotha Hluttaw be constituted with
a maximum of 224 Hluttaw representatives.
U Kyaw Myo Win of
In Region Hluttaws and State Hluttaws,
Tatmadaw member Region Hluttaw or State Hluttaw representatives nominated by
the Defence Services Commander-in-Chief are to be stipulated in addition to
Hluttaw representatives elected from constituencies and Hluttaw representatives
of national races having appropriate sizes of population, he said and proposed
that the Region Hluttaw and the State Hluttaw be constituted with Tatmadaw member
Hluttaw representatives the number of which is one-third of the total number of
Hluttaw representatives-elect.
So, he said, the Region Hluttaw or the State
Hluttaw must be constituted as follows:
(a) in regions and
states, Region or State Hluttaw representatives made up of two representatives
each elected from townships;
(b) in regions, Region Hluttaw
representatives made up of one representative each elected from among national
races, each having a population which constitutes 0.1 per cent of the national
population, of the remaining national races other than national races who have
got the respective Region or who have got self-administered areas in that
Region;
(c) in states, State Hluttaw representatives
made up of one representative each elected from among national races, each
having a population which constitutes 0.1 per cent of the national population,
of the remaining national races other than national races who have got the
respective State or who have got self-administered areas in that State;
(d) Tatmadaw member Region Hluttaw or State
Hluttaw representatives nominated by the Defence Services Commander-in-Chief in
numbers equal to one-third of the total Hluttaw representatives elected in the paras (a) and (b) or (a) and (c).
He proposed that these be laid down as
detailed principles to serve as bases.
He expressed his belief that suggestions
included in the proposal paper of the worker delegates group are suited to the
Union of Myanmar and will contribute to emergence of the kind of Constitution
which will practically bring about welfare of all national races.
U Sum Lut Naw
U Sum Lut Naw, worker delegate of
He first wished the National Convention
delegates physical and spiritual wellbeing.
In his suggestions on the numbers of Hluttaw
representatives to be included in the two Hluttaws, he said the National
Convention Convening Work Committee had explained with reasons that the number
of Hluttaw representatives to be included in the Pyithu Hluttaw should be 440;
one-fourth of that number, 110, should be Tatmadaw member representatives; and
the remaining three-fourths, 330, should be Hluttaw representatives-elects.
He said he assumed the ratio of Hluttaw
representatives is proper, reiterating that the work is to continue with the
formation of 110 Tatmadaw member representatives, or one-fourth of the total
Hluttaw representatives, to be able to implement the sixth objective of the
National Convention.
One-fourth is a suitable ratio to begin with,
he said and expressed support to that the number of Tatmadaw member Hluttaw
representatives should be one-fourth of the total number of Hluttaw
representatives.
[Representation of
He said Union territory placed under direct
administration of the President of the
He proposed the Hluttaw be called the Taingyintha Lumyomyar Hluttaw
instead of Amyotha Hluttaw and wished further
consolidation of national unity.
Intellectuals and intelligentsia
Director-General Dr. Ko Lay of Health Manpower Department presented a
proposal paper compiled by the intellectuals and intelligentsia delegates group
on the structure of the Legislature.
First of all he wished physical and spiritual
wellbeing to all the National Convention delegates.
He said Chairman of the National Convention
Convening Work Committee U Aung Toe elaborated at the National Convention plenary
session on 2 September 1994 on designation of the self-administered divisions
or self-administered zones and structures of the Legislature, the Executive and
the Judiciary to be included in writing the Constitution and the intellectual
and intelligentsia delegates openly, cordially and elaborately discussed his
clarifications and independently put forward their desires, opinions and
suggestions.
The discussions, he said, were based on the
following points:
(a) the six objectives
of the National Convention;
(b) the 104
fundamental principles, which serve as State guideline, unanimously laid down
by the National Convention;
(c) the National
Convention Convening Procedures;
(d) the wellbeing of
the entire mass of the nationals and the Union of Myanmar;
(e) emergence of a
fine Constitution.
He said every nation needs laws for creation
of good conditions such as security of lives and property for all the
nationals, perpetuation of the State, wellbeing of their life, sharing the
feeling of what is independence among all nationals, safeguarding their rights,
prevalence of discipline and peace and tranquillity,
defending the nationals against lawless, anarchistic characteristics and
achieving higher and higher standard of living with the development and
progress of the nation and legislative bodies are to make necessary laws.
There must be an executive body which itself
adhering to these laws, will provide supervision on the nationals' adherence to
the laws, and the Government, called the executive body, will exercise the
administrative powers, he said.
Concerning the judiciary, he said that with
the laws necessary for the State and the executive body, which supervises the
nationals for their adherence of laws, there must also be a judicature to hear
cases of and administer persons who do not obey and breach the laws and it is
the judiciary which will exercise judicial power, adding that the delegates had
to ponder over, review and coordinate relatively or separately the three
headings -- the Legislature, the Executive and the Judiciary.
He spoke of giving ample suggestions by the
intelligentsia and intellectuals delegates on whether the term Amyotha Hluttaw (National Assembly) or instead, the term Taingyintha Hluttaw, should be used and said the majority
of them favoured 'Taingyintha
Hluttaw'.
[Tatmadaw representatives]
He said that their delegates group is of the
opinion that the basic principle 'Pyithu Hluttaw, Amyotha
Hluttaw, Regional Hluttaws and State Hluttaws shall include Tatmadaw member
Hluttaw representatives nominated by the Defence Services Commander-in-Chief
which constitute one-fourth of the total number of the Hluttaw representatives'
should be laid down and it is in conformity with the objective of the National
Convention 'for the Tatmadaw to be able to participate in the national
political leadership role of the future State' and the 104 basic principles. He
said that as it is in a position to guarantee future wellbeing of the State, we
accept it as a good principle which should be laid down.
Concerning the matter, the intellectuals and
intelligentsia delegates conducted extensive discussions,
he said and spoke of the Tatmadaw as a national force or national political
pillar which has safeguarded the people for their welfare in all along the
He spoke of the National Convention's having
laid down the 104 fundamental principles, which form essence and core of the
Constitution or in other words, heart and soul of the Constitution or guiding
principles for other chapters.
We must have preventive measures not to have
these crucial principles and important principles, sections and sub-sections of
other chapters easily amended, he said and cited the fundamental principle on
non-secession from the
Concerning participation of Tatmadaw member
representatives which constitute one-fourth of the total number of the Hluttaw
representatives-elect, the following principle to serve as basis should be laid
down:
Pyithu Hluttaw, Amyotha
Hluttaw, Region Hluttaws and State Hluttaws shall include Tatmadaw servicemen
Hluttaw representatives nominated by the Defence Services Commander-in-Chief
which constitute one-fourth of the total number of the Hluttaw representatives.
He said that the intellectual and
intelligentsia delegates, in holding discussions systematically in conformity
with democratic norms and the National Convention Procedures, have found that
facts to be included in the structure of the Legislature, as clarified by the
National Convention Convening Work Committee Chairman U Aung Toe, guarantee the
affairs of building a new genuine democracy nation which all of us hope for and
sovereignty of the nationals and equality of the national brethren can be seen
vividly. Hence, he said, the delegates group proposed principles to form as
bases in the structure of the Legislature with suggestions put forward with
goodwill.
(To be continued)
(NLM 11/30)
Lt-Gen.
Myo Nyunt's Opening Address
Nov. 28: National Convention Convening
Commission Chairman Lt-Gen. Myo Nyunt addressed the Convention's opening
session [full text]:
Esteemed Delegates to the National
Convention,
Allow me to tell you first of all that I am
especially delighted to see that delegates to the National Convention have
ardently come to attend this plenary session and to see all of you in good
health and I welcome you heartily.
Much progress has been made by all of us,
National Convention Delegates, the National Convention Convening Commission,
the National Convention Convening Work Committee, and the National Convention Convening
Management Committee, working together hand in hand at this National
Convention.
What we are endeavouring
to do at this National Convention is aimed at obtaining the principles on which
the writing of the Constitution is to be based. We are not yet writing the new
Constitution. We will be ready to write the Constitution when we have obtained
all those basic principles. To cite an example, one has,
first of all, to think about and lay down the objectives for its durability and
other essentials in order to construct for the emergence of a grand building.
At the same time, a soil test has to be
conducted at the place where the building is to be constructed. In keeping with
the points thus obtained, the team of architects will produce a blueprint.
Having obtained a general sketch, and based on the requirements of that design,
a detailed design will be produced. Then, having obtained the architect's
designs thus, the necessary building materials will have to be gathered and the
grand, durable building must be constructed. In like manner, National
Convention delegates resemble architects in endeavours to build a new nation.
What we have thus far coordinated upon and laid down as fundamental principles
constitutes the building's design.
According to
If we assess the current situation in Myanmar
Naing-Ngan, we will notice there exists a specially
vast differences [sic] between past and present. From the former one-party
system, we are now heading toward a multi-party system, from the former
centralized economy, we are now moving toward a market economy. From the former
surging of all kinds of internal strife, we are now moving in the direction of
national reconciliation and beginning to gain momentum in consolidation. We are
duty-bound to work together for consolidation and perpetuation of unity and
peace.
Today, there are not only ten political
parties but also national organizations which have entered the legal fold and
are shouldering responsibilities for development of the State. In this
significant situation, it is necessary, in our efforts for flourishing of the
multi-party system we envisage, to apply common sense and to have principles
and methods that help us steer clear of extremes. There is no one to argue or
go against our having as our goal the emergence of our country as a state where
democracy flourishes. It is necessary, in working toward that goal, to ensure
that, while the objective is the same, it is necessary to avoid zealousness and
mistake in being hasty in our march toward that goal.
Esteemed Delegates,
The concepts and ideas I have mentioned above
are reflected in the Six Objectives of the National Convention --
(1) non-disintegration
of the
(2) non-disintegration
of the national solidarity;
(3) perpetuation of
sovereignty;
(4) flourishing of a
genuine multi-party democracy;
(5) further
flourishing of the noblest and worthiest of worldly values, namely, justice,
liberty and equality in the State; and,
(6) for the Tatmadaw
to be able to participate in the national political leadership role of the
future State.
It is our duty to see to the materialization
of these objectives.
These Six Objectives have been explicitly
declared in the State Law and Order Restoration Council Order No. 13/92 on
In Order No. 13/92 forming the National
Convention Convening Commission, seven functions it was entrusted with were
also explicitly included. These are:
(a) determining the
methods for selection of delegates to attend the National Convention according
to the following categories of delegates:
(1) delegates of
political parties;
(2) delegates of
Hluttaw representatives-elect;
(3) delegates of
national races;
(4) delegates of
peasants;
(5) delegates of
workers;
(6) delegates of
intelligentsia and intellectuals;
(7) delegates of
service personnel;
(8) other invited
persons.
(b) after determining
the methods for selection of delegates, intimating to the relevant
organizations for selection of delegates in the prescribed number according to
the category of delegates;
(c) determining the
periods for respective organizations to send the nomination list and personal
records of the delegates;
(d) compiling the
names and personal records of delegates according to the category of delegates;
(e) sending
invitations for the timely attendance at the National Convention, after
receiving a complete list of the names of delegates;
(f) laying down the
procedures relating to the convening of the National Convention;
(g) laying down and
carrying out the administrative work programmes and
financial regulations required for the convening of the National Convention.
The Commission has the right to form
committees as necessary and duly assign them duties in order to assure better
success. At the conclusion of the National Convention, the National Convention
Convening Commission will have to submit its report to the State Law and Order
Restoration Council. In fact preparations for the convening of the National
Convention were made according to State Law and Order Restoration Council Order
No. 11/92 issued on 24 April 1992 and due coordination at our meeting with
delegates of political parties and independent representatives-elect and have
been implemented accordingly.
In accord with the task officially given to
the National Convention Convening Commission by the State Law and Order
Restoration Council that in leading the State, we constituted the National
Convention Convening Work Committee and assigned to it suitable tasks that
required to be carried out. Thereafter, the National Convention Convening
Commission drew up the working procedures and published them explicitly on
The objective and the nature of the
procedures followed in holding the National Convention are aimed at making it
possible to hold discussion systematically and freely for the success of the
Convention.
Therein are prescribed methods to be used
such as the following:
-- Members of each group can freely elect
five members of the Panel of Chairmen to lead and supervise their group;
-- Each group's Panel of Chairmen and each
group's members are at liberty to schedule and hold discussions as they wish,
and freely coordinate, discuss and present matters till they are resolved
without any limitation of time or date;
-- Each group is at liberty to freely write
and present group-wise the proposal paper of their group;
-- Each group is at liberty to have the
proposal paper of the group read out and presented at plenary sessions by a
representative chosen by the group;
-- Discussions are to be held objectively,
refraining from attacks to harm any person or any group;
-- The workings of the National Convention
are to be kept to oneself so that there is no premature leakage of information;
-- All behaviour,
speech and attire is to be in accord with the prestige
and dignity of the National Convention, and so on.
These procedures are being adhered to all
along right up to this day too.
Moreover, there are also prescribed among the
procedures Convention delegates' responsibilities, rights and privileges and
Panel of Chairmen's responsibilities and rights.
We are convening a great meeting that is the
highest in terms of standard and prestige in the Myanmar Naing-Ngan. We are not
doing it in a way satirised by the saying
"lights out after it is all over." As we are making a great endeavour that must recorded in the chronicles of the
history of Myanmar Naing-Ngan, getting together with parties, various masses and
classes, various organizations and various national races, systematically
discussing matters, making proposals, getting together and bringing out evident
points with all seriousness, it is imperative to have precise and good
discipline and procedures and to adhere to them.
This is a good way that should be practised
in discipline properly with respect and integrity by every cultured and
disciplined society of people.
Although it may not always be necessary to
strictly observe discipline in engaging in social conversations outside, it
will not do not to have adequate discipline and ways at the National Convention, it has been understood and accepted by all the
delegates.
We started convening the National Convention
on
To enumerate the success in other words the
fruits of the National Convention [sic], it laid down on
Chapter (2) State structure
Chapter (3) Head of State
Chapter (4) Legislature
Chapter (5) Executive
Chapter (6) Judiciary
Chapter (7) Tatmadaw
Chapter (8) Citizenship and Citizens'
fundamental rights and responsibilities
Chapter (9) Election
Chapter (10) Political parties
Chapter (11) Emergency provisions
Chapter (12) Amending the State Constitution
Chapter (13) State Flag, Emblem, Anthem and
Capital
Chapter (14) Provisions for period of
transition
Chapter (15) General provisions
After coordinating and laying down of the 15
chapter headings, we were able to lay down after serious discussion and
appraisal 104 principles to serve as basis in the chapter on State fundamental
principles at the National Convention held on 16 September 1993.
Likewise we have been able to lay down
detailed basic principles for the chapter on State structure and the chapter on
Head of State at the National Convention held on
Esteemed Delegates,
The chapter headings we are serious
discussing and making proposals on currently are:
(1) The Legislature
(2) The Executive
(3) The Judiciary
It is necessary to bring out and lay down
detailed basic principles fully and firmly in aspects of formation under the
three chapter headings. Accordingly the various delegates groups will be
presenting proposal papers concerning the three chapter headings.
In conducting group-wise discussions
systematically and seriously the delegates have held discussions and made
suggestions freely to their hearts' content, and in preparing of proposal
papers too, they have done it to their full satisfaction in tranquillity
without any restriction in the number of pages or the number of days, it is
known to all the delegates.
Thinking out, discussing and proposing points
from all angles and aspects with consideration of all factors all round and
bringing out and laying down detailed basic principles is, in truth, not an
easy matter and also, it is not something that should be done easily and
expeditiously, I would like to say.
In bringing out principles to serve as basis
in drawing up the State Constitution, it is utterly inappropriate to copy from
any other country. It is something that should not be done. Only after
comprehensively reflecting cultural conditions, historical traditions and
surrounding situations of one's own country and nationality are the best, the
most possible and the most appropriate principles to be laid down.
As it has to be done so with serious
contemplation, weighing everything properly, with utmost consideration for the
interests of the country and the nationality, it will take just as long as it
should.
It is evident that, while our National
Convention is being convened with all seriousness, the entire people all over
the country too are giving their support for the success of the National
Convention. It will be known to the delegates that the National Convention was
hailed and endorsed by over four million people attending the mammoth rallies
held in 26 cities during January 1994.
It will also be known that more than K 43 lakhs have been generously donated to the National
Convention by the people with fervent wish to honour
it and ardent desire to more completely meet the needs, even as they know
expenses are being borne out of the State funds in the main to completely meet
the needs of the delegates ensuring tranquillity and
pleasantness in their travels and stays in convening the National Convention.
Just as there are those who make donations out of their hard earned incomes,
there are many hundreds of people who make blood donations hailing the National
Convention.
These show that emergence of a Constitution
is essential for the State; what is desired is an enduring constitution and not
a nominal one; a kind of constitution written with priority given to interests
of a party is not wanted; and hopes are placed with respectful appreciation of
the importance of the National Convention being convened together hand in hand
by all strata and classes of people and various political parties to obtain
principles to serve as basis in writing an enduring constitution.
Esteemed Delegates,
There has been a turning point in the
historical development of our country,
It is necessary to co-operate with patience
as we are paving the way for the smooth change to a multiparty democratic
system in the country.
As it can be seen and heard how the change is
not smooth plagued by flowing of blood and blazing of fires in European
countries that had made turns in political systems, I think nothing need be
said especially.
We have explicitly exposed and made known
evil schemes to take over power through violence in the wake of the 1988
disturbances in
How they had schemed big to launch a
synchronized armed struggle and political struggle linking up rural and urban
areas has been revealed. Similarly, they stepped up the tempo of their armed
assaults in the south-east and threatened the major towns and became so bold as to explode bombs at the City Hall in
Now, after removing and clearing away the
dangers that could occur during changes of system and era stability, peace and tranquillity and the rule of law have been established in
reality in the country. At the same time, due to endeavours made with the right
outlook and sincere goodwill for national reconsolidation, remarkable successes
are being achieved, as it is known to all.
So, we all are responsible for seriously
valuing, cherishing and preserving the good conditions and maintaining the
momentum of success achieved by the National Convention and then carry on the work. The State Law and Order Restoration
Council will not, in any way, allow these positively developing conditions to
be jeopardized or marred. It will not stand any element marring or obstructing
the process of the National Convention. We all know the Tatmadaw and the people
are looking to the National Convention with loving care and high hopes. So, all
the delegates are urged to strive for the success of the National Convention
together with the National Convention Convening Commission, the National
Convention Convening Work Committee and National Convention Convening
Management Committee.
Of the four political objectives of the State
today, the fourth calling for the building of a new modern developed nation in
accord with the new State Constitution is our goal.
We are determined to achieve that goal with
tenacity, courage and strong spirit.
There cannot be a single person among all the
strata and classes of people including all the national races living in the
country who does not like or wish for stability of the State, community peace
and tranquillity, prevalence of law and order,
national reconsolidation, emergence of a new State Constitution and building of
a new modern developed nation.
The programme for Myanmar Naing-Ngan to march
along unrelentingly is for full realization of the four political objectives,
four economic objectives and four social objectives laid down by the State. Other
than that, there is none.
It is a time of great need for the entire
mass of the people to co-operate in unison to realize the political, economic
and social objectives as the programmes of endeavours
for the building of a peaceful, pleasant, developed and modern nation.
Our National Convention plays an important
role in this programme of development.
So, success of the National Convention is the
cause for emergence of the State Constitution. Emergence of the State
Constitution is the basic cause for emergence of a genuine multiparty democracy
system. There is no effect without cause as in the teaching 'yedhamma hetuppabhava'.
Esteemed Delegates,
The delegates, together with us, have been
able to lay down principles to form as basis after seriously discussing and
putting forward suggestions on the first, second and third of the 15 chapter
headings -- State fundamental principles, State structure and Head of State --
with high respect to the six objectives of the National Convention.
Now, proposal papers on the formative aspects
under the three headings -- the Legislature, the Executive and the Judiciary --
will be submitted in continuity.
All of us must seriously listen to and note
down the contents of various paper compiled by the delegates to their hearts'
content.
Afterwards, in accord with traditions and
past experience, let us all together hand in hand carry on with the work of
collecting and presenting the findings of the panel of chairmen, coordinating
with groups, if necessary, the National Convention Convening Work Committee
making its scrutiny and appraisal, and laying down points as basic principles
in conformity with the procedures of holding the National Convention. With this
emphatic exhortation, I conclude.
(NLM 11/29)
Press Release on NLD Withdrawal
Nov. 28: The National Convention Convening
Commission issued the following Press Release [full text]:
1. The National Convention which has been
going on since 9 January 1993 with eight delegates groups to obtain principles
to serve as bases in drawing up the State Constitution started its current
plenary session on 28 November 1995. At this plenary session,
Lt-Gen. Myo Nyunt, Chairman of the National Convention Convening Commission,
delivered an address appraising the importance and political essence of the
National Convention. The full text of his address has been broadcast on
radio and television programmes on the evening of
2. Like the previous sessions, the plenary session
of the National Convention held on
3. At a time when the National Convention was
being held systematically with momentum in accord with the six objectives, a
letter containing an attack with a negative attitude towards the National
Convention was sent by the National League for Democracy on 27-11-95, signed by
U Aung Shwe, Chairman of that League, and addressed to U Aung Toe, Chairman of
the National Convention Convening Work Committee.
4. The National League for Democracy again
intimated in writing for the National Convention Convening Work Committee to
reply on
5. Moreover, the National League for
Democracy sent another letter to the Chairman of the National Convention
Convening Commission on 28-11-95 saying that its delegates would not continue
to attend the National Convention, giving the reason mainly that the matter of
dialogue wanted by them was not included at all, as they found in their studies
of points in the address of the Chairman of the National Convention Convening
Commission.
6. In analyzing the actions one after another
of the National League for Democracy as above, it will be found that they are
actions:
-- to cancel the basic principles laid down
by the National Convention as they are not in conformity with the opinion of
their party;
-- to reorganize
with persons they like so as to be able to lay down principles as the party
likes;
-- to lay down new
methods and procedures to be followed by the National Convention and carry on
as they like;
-- to move seriously
towards dialogue so as to be able to carry out above matters;
-- in appraising those demands mainly, it is
found that they have been made with ill premeditation to mar the ongoing works
of the Convention and successes achieved after systematic discussions and coordinations.
7. Such attempts aimed at disruption of the
National Convention while emphasizing negative outlooks towards the National
Convention were made with intent to mar the successes achieved so far by the
National Convention. The moves were made with the aim that only after the
disruption of the National Convention, their National League for Democracy
would replace it with a convention they would be able to dominate as they like,
giving priority to promote the interests of their party.
8. Moreover, it is appraised that demand for
dialogue was incessantly being made unnecessarily in order that a group said to
be leader of the National League for Democracy would be able to lord over the
government. When they could not get dialogue on this basis, they have taken
this step further for disruption of the National Convention.
9. Their attitude and action does not take
into consideration the interests of the State but only aims at furthering those
of their own party and is thus tantamount to totally forsaking and going
against the national interests. Nonetheless, the National Convention Convening
Commission will not abandon its noble national duties.
10. The National Convention, that will be
continued with the participation of Convention delegates in the political
parties delegates group without the National League for Democracy, the
representatives-elect group without representatives-elect from the National League
for Democracy, national race delegates group, peasant delegates group, worker
delegates group, intellectuals and intelligentsia delegates group, State
service personnel delegates group and other invited persons group, will go on
in accord with the original arrangements, on the basis of the successes so far
achieved at the National Convention. (NLM 11/29)
Lt-Gen.
Myo Nyunt on NLD Withdrawal
Nov. 29: Chairman Lt-Gen. Myo Nyunt of the
National Convention Convening Commission addressed the second-day session
concerning the withdrawal of delegates from the National League for Democracy
[full text]:
Esteemed Delegates to the National
Convention,
The National Convention we are convening is
going on with the six objectives including that for flourishing of a genuine
multi-party democracy system of Myanmar, and aiming at non-disintegration of
the Union, non-disintegration of national solidarity, perpetuation of
sovereignty, further burgeoning of the worthiest and noblest of worldly values
namely justice, liberty and equality, and for the Tatmadaw to be able to
participate in the national political leadership role in the future State, with
the delegates of eight groups taking keen interest and holding discussions and coordinations, preparing and presenting proposal papers and
laying down basic principles together hand in hand.
In a summary I have also reviewed and
appraised the successes so far achieved as the delegates to the National
Convention and all of us have endeavoured in
cooperation and coordination.
In my address, I spoke of the need to
cooperate with patience as we are paving the way and laying the base for a
smooth change to the multi-party, just as I spoke with an appraisal from all
points of view on the importance of the National Convention.
However, despite what I have said with
emphasis, the delegates from the National League for Democracy, it is found,
have ceased to attend the National Convention, without having any regard for
the workings of the National Convention any more but looking only towards party
interests.
The main reason proffered for their ceasing
to attend the National Convention was mainly that the speech I gave yesterday
did not include the matter of dialogue between the State Law and Order
Restoration Council and the National League for Democracy.
Esteemed Delegates,
Our National Convention is one that has
resolutely laid down its own objective and that is conducting discussions with
aims at obtaining principles to serve as bases as are important for the new
State of the future. The matter of a political party organization wanting to
meet and talk with the State Law and Order Restoration Council is one that is
not concerned with the National Convention. It does not at all come within the
purview of the task concerning the convening of the National Convention. Yet,
the National League for Democracy, giving priority to affairs of its own party
organization, sought a pretext on the National Convention and acted with
unrighteous intent like this, resulting in acts of perpetration to wreck the
National Convention.
Just because a group turning its back on the
noble objectives and programmes for peaceful and
prosperous development of the State, for flourishing of genuine multi-party
democracy system and for safeguarding of Our Three Main National Causes, we
have no reason at all to abandon our programmes and
objectives. I would like to explicitly say we will carry on, joining hands with
the delegates who have honest and sincere aspirations only for national
interests, till the successful conclusion of the National Convention, so as to
continue to safeguard the fruits of success so far achieved by our endeavours.
Esteemed Delegates,
Concerning the one-sided violation by the
National League for Democracy of the rules and discipline agreed on earlier in
connection with the convening of the National Convention, if I am to review and
appraise events a little in inter-relation, as it will not do without it, [sic]
-- in the course of discussions at meetings
held from 23 June 1992 to 10 July 1992 in preliminary coordination for
convening of the National Convention, leader of representatives of the National
League for Democracy U Aung Shwe spoke at length expressing support for
inviting political parties' delegates, national races delegates, peasant
delegates, worker delegates, intelligentsia and intellectual delegates, State
service personnel delegates and other invited persons, with reference to each
category of delegates.
As agreed at the preliminary coordination
meeting like that, delegates led by U Aung Shwe, leader of representatives from
the National League for Democracy, had worked hand in hand with us all along up
to yesterday. At one point during the period of such working together in unity,
Daw Suu Kyi who had to be living under a restriction order by law for actions
harming stability and peace in the State was permitted to live in freedom with
the withdrawal of the restriction order on
-- in answering questions at her meeting with
35 media representatives on 12 July 1995, she said the National Convention was
only in name; she had no objection to this name; after consultations with her
colleagues, she would present their attitude to all;
-- in answering questions at her meeting with
foreign media representatives again on 14 July 1995, she said she did not like
the current convening of the National Convention; there were many things to be
changed; they must be changed;
-- in answering questions at her meeting with
internal and external media representatives on 24 July 1995, she said that the
NLD still existed as a lawful organization; it could not be said that it was
not organized; but there were differences of opinion; for example, U Aung Shwe
had been attending the National Convention since it began; he was still
attending it even at that time; she did not concur with that; in this way she
spoke out her attitude towards the National Convention;
-- in answering questions at her meeting with
representatives of Japanese news agency on 9 September 1995, she said a
declaration would be issued in connection with the National Convention;
-- from these, it was seen that, soon after
withdrawal of the restriction order, there emerged attitudes opposing the
National Convention; these utterances rendered evident action with
premeditation to mar the National Convention;
-- on 22 November 1995 it was found the
attitudes towards the National Convention as originally planned were declared
to the outside; in the declaration criticism was made against the Convention
delegate participation, procedures and discussions; therein was stated that if
the National Convention went on like this, national reconsolidation could not
be achieved from the Convention; nor could genuine democracy system emerge;
moreover the Constitution the people have faith in would not materialize; she
kept on finding fault and criticizing the National Convention; in the meantime
Ambassador of the United States of America to the United Nations Ms Madeline
Albright arrived on 9 September 1995; after a tete-a-tete
between the two she adopted a harsher attitude towards the National Convention;
Ms Madeline Albright herself, on meeting media representatives while in
Bangkok, Thailand, said she had exerted pressure on Myanmar government to have
a dialogue with Daw Suu Kyi; that she learned from Daw Suu Kyi that she, Daw
Suu Kyi, not only did not recognize the National Convention but moreover also
believed that it had no political effect;
-- on 27 November 1995, one day before the
convening of the current plenary session of the National Convention, demands
were made to reply whether or not there would be compliance with calls for
dialogue they are wishing for; to reply with statement of attitude on their
fault-finding accusations against the National Convention; exerting pressure to
do so on 28 November 1995; sending a letter to that effect to U Aung Toe,
Chairman of the National Convention Convening Work Committee.
Esteemed Delegates,
It is not since just yesterday or the day
before that we have been convening the National Convention. We have been doing
so since
In appraising the change of attitude of the
National League for Democracy, it will be found that there have been aims -
-- to cancel the basic principles laid down
by the National Convention as they are not in conformity with the opinion of
their party;
-- thereafter to
reorganize with persons they like so as to be able to lay down principles as
the party likes;
-- to lay down new
methods and procedures to be followed in the Convention and carry on as they
like;
-- to move seriously
towards dialogue so as to be able to carry out the above matters;
-- in appraising those demands mainly, it is
found that they have been made with ill premeditation to mar the ongoing work
of the National Convention and success achieved after systematic discussions
and coordinations.
Esteemed Delegates to the National
Convention,
In conclusion I would like to call for
continued endeavours till we achieve success in the National Convention, hand
in hand with the delegates who are here, looking only towards the interests of
the State and the interests of the people. (NLM 11/30)