BURMA PRESS SUMMARY
From the Rangoon "Working People's Daily"
Compiled for the Burma Studies Group by Hugh C. MacDougall
Published by the Center for East Asian and Pacific Studies,
University of Illinois
Volume VII, No. 1, January 1993

 


NATIONAL
CONVENTION


Convention Preparations
Convention's Opening Speech
First Days of Convention
Convention Procedures
Chief Justice's Speech
Convention Recessed to February
Delegates Return Home, and Come Back
Rumours Denounced
Subversives Arrested

 

NATIONAL CONVENTION

Convention Preparations

Numerous articles at the beginning of the month described inspections of National Convention sites and facilities, publicity in honor of the Convention, meetings of the Management Committee for Convening the National Convention, etc. Before, during, and after the Convention session there were many articles reporting gifts of money from private citizens and companies to finance the Convention.

Jan. 4: An Office of the Work Committee for Convening of National Convention opened at the Kyaikkasan Grounds. "Contacts can be made with U Khin Kywe, Director-General (Admin), phone Nos 58976 (office) and 33821 (residence); and U Khin Maung Myint, Director-General (Meeting), phone Nos 51494 (office) and 50265 (residence)." (WPD 1/5)

Jan. 5: Delegates to the Convention, which will be held Jan. 9, began to arrive, and are being put up in hostels at the Kyaikkasan Grounds. (WPD 1/6) // Jan. 6: 324 more arrived. (WPD 1/7) // Jan. 7: The delegates were greeted by National Convention Convening Commission Chairman Religious Affairs Minister and Yangon Command HQ Commander Maj-Gen. Myo Nyunt. He urged them to preserve unity, and "assured them of arrangements made to attend to their health care, to make their stay here pleasant and enjoyable with facilities for sports and games including chinlon, badminton, and golf right there in the Grounds, and there would also be special shops opened there to cater to their needs." (WPD 1/8)


Convention
's Opening Speech

Jan. 9: Opening the National Convention, Convening Chairman Maj-Gen. Myo Nyunt said [text]:


Esteemed delegates and distinguished guests.

While expressing my best wishes for the physical and mental well-being of all the respected delegates attending the National Convention, I further wish that you would all be able to work together for the smooth and successful conduct from beginning to end of the National Convention which commences today.

The National Convention which begins today is full of extremely significant and profound special characteristics. In establishing a new State while keeping in mind the enduring perpetuity of the future of the nation and the promotion of peaceful and prospersous development of the national peoples, this National Convention is to carry out the necessary discussions of the principles and ideals which may be likened to the basic foundations for success in our endeavour. The basic principles which are arrived at, at this National Convention are to be utilized as guidelines in drawing up the State Constitution. That is why, in accord with the proverb that "a good beginning presages a successful conclusion," it is immensely important for this Convention to be smooth and successful. The smooth success of the National Convention depends upon all the delegates including us.


Work with mutual patience, tolerance, cetana and magnanimity

All of us must keep foremost in our minds the success of this Convention. If we keep this in mind and work together with mutual patience, tolerance, cetana and magnanimity among individuals and groups, this National Convention will achieve positive success. But if on the other hand, we allow cliquism and sectarianism, ideological bias, narrowness of views and ideas based on suspicion and prejudice as well as being contrary for its own sake to intrude, this National Convention is not likely to achieve success.

All the people in the entire country without exception are looking forward to the success of the National Convention. It is for this reason that the people are waiting with great expectation for auspicious news that the National Convention is being conducted smoothly by all those involved with mutual understanding, compassion and collective efforts.

The truth is, the National Convention Convening Commission resolutely holds that the foremost objective of the National Convention is to create by all possible means the best rerequisites for the welfare of the nation and its people. We expect that all the respected delegates too will have the same conviction.


At crossroads

As the distinguished delegates are well aware, our Myanmar Naing-Ngan is currently at the crossroads. One leads to deterioration of the Union to ultimate disintegration; degradation of national unity to ultimate disintegration; and from our national sovereign integrity being threatened and endangered to the ultimate loss of independence.

The other leads to the consolidation of all the national races of the Union; even as we are able to establish a strong and enduring Union amidst the family of the world's nations, all the Union nationalities must have the highest possible degree of fraternal spirit as of the same flesh and blood and with this spirit, we shall defend and protect the Union, we shall also develop it to achieve peace and prosperity, and all the Union nationalities shall also equitably share the benefits with accure from the exploitation of the natural and other resources of the motherland. Along this road lies practical achievement and success in establishing the Myanmar society imbued with the right preconditions for the burgeoning of the noblest and worthiest of worldly values such as justice, liberty and equality.

Hence, now that we are at the crossroads today, it is extremely important that we be able to avoid the wrong road and be able to follow the right one.

There is a well-known Myanmar saying which stresses the importance of a good beginning; it says "Marriage, building a pagoda and tattooing are three activities in which corrections are difficult to make once an error has been made". In the same way, we can say that the framing and the emergence of the State Constitution is, from the point of view of the nation which includes the entire human society, a most delicate and arduous task of the greatest importance which will not tolerate any kind of error. Whereas it may perhaps be relatively easy to correct one person's error, any defect or weakness in the State Constitution will result in great harm and loss to the entire nation and its people.

We have all witnessed how our country became destabilized and national unity became weakened due to the defects of the 1947 Constitution and also because the 1974 Constitution became unacceptable to the people as a result of changing conditions.


Convention
plays crucial preparatory role

The national responsibility which we are facing today is the framing of an enduring Constitution. Though the Constitution is not to be drawn up at this National Convention, the basic principles which are to be discussed, co-ordinated and affirmed at this Convention will form the basis for further activities to draw up an equitable and enduring Constitution. This being so, the present Convention plays a crucial preparatory role in the endeavours for framing the Constitution. That is why I have been stressing the need for a good beginning as being essential to ensure a successful conclusion.

Distinguished delegates,

The principal duty of the National Convention which begins today is to discuss, co-ordinate and present matters according to six objectives for the formulation of a firm State Constitution as stipulated in the State Law and Order Restoration Council Order No 13/92.

Six objectives

The six are:

(a) Non-disintegration of the Union;

(b) Non-disintegration of national solidarity;

(c) Perpetuation of sovereignty;

(d) For a genuine multiparty democracy system to flourish;

(e) For the further burgeoning of the noblest and worthiest of worthy values such as justice, liberty and equality; and

(f) For the Tatmadaw to be able to participate in the national political leadership role of the future State.

As all the distinguished delegates have already realized, our country's condition today is extremely delicate. If we look at the international situation, we can see practically every day the sad spectacle of some 'union' nations breaking up and conflicts arising among their own brethren and fraternal companions and thereby undergoing much suffering. With such bitter lessons being shown right in front of our eyes, it becomes imperative for us to discuss in utter seriousness how we all will prevent our Union from disintegration.


Mutually show full metta and cetana

For ensuring non-disintegration of national solidarity we must endeavour, while keeping in mind the need for all national brethren to mutually show the full measure of genuine metta and cetana (goodwill and magnanimity) towards one another; to show mutual love and respect; for nationalities to be equal before the law; and for genuine representatives to be elected in the regions of the respective nationalities for the burgeoning of the noblest and worthiest of worldly values such as justice, liberty and equality. This is also the time for all of us to firmly resolve and vow to forever live together in unity and solidarity keeping firmly in view the perpetuation of the Union.

Keeping foremost in mind the perpetuation of national sovereignty, all the nationalities of the Union need to invigorate their sense of patriotism and abhorrence of servitude, and also strengthen their spirit of heroic heritage so as to be able to overcome all varieties of internal and external dangers which confront the nation.


Democratic rights linked with responsibilities

If I am to explain a bit, regarding the objective "for a genuine multiparty democracy to flourish" as stated in the State Law and Order Restoration Council Order No 13/92, it is to practise democracy in a way which suits our Myanmar society. The most fundamental requirement in making use of democratic rights is the maintenance and observance of the law. Hence, the practice of democracy in our country ought to be tempered with full cognizance of our traditional culture, values and ideas which are part and parcel of our society. In order to be worthy of democratic rights, it will be necessary to stipulate the right preconditions for the fulfilment of duties and responsibilities as becoming of good citizens such as that of obedience of laws, rules and regulations, dutifulness, truthfulness, honesty, and integrity. It may perhaps be necessary to link democratic rights with duties and responsibilities.

In considering the basic principles for framing the State Constitution it is important to make sure that the spirit and essence as well as the substance of the noblest and worthiest of worldly values such as justice, liberty and equality, are included. We must ponder and discuss and lay down such basic principles as those which can bring about the emergence of a State structure, legislative system, administrative system, and judiciary system which will satisfy the noblest and worthiest of worldly values such as justice, liberty and equality.


Tatmadaw's participation in national political leadership role

In addition to this, the distinguished delegates must also consider in all seriousness the matter of the Tatmadaw being able to participate in the national political leadership role in the future State in accordance with Paragraph 4, Sub-paragraph B(6) of the State Law and Order Restoration Council Order No 13/92.

Everyone knows how the Tatmadaw undertook great hardships and suffered countless sacrifices in the anti-imperialist and anti-fascist struggles to achieve the independence of the Union. In the same way, soon after independence was regained at a time when the Union was in its infancy and the storm of civil strife was at its height during the conditions of 1949, the Tatmadaw remained loyal and dutifully faced and overcame all kinds of insurgent terrorists. Hand in hand with the people, the Tatmadaw sacrificed tens of thousands of lives in defending the country against the danger of disintegration, against the danger of once more losing national independence, against the danger posed by such talk that the country was just a finger's breadth away from the abyss, and against the dangers posed by the conditions in which the term "Yangon Government" was used in ridicule. In other words, it was the Tatmadaw which in 1949 prevented the disintegration of the Union.

Ten years later in 1958, the parties in power split and because of it national unity was destabilized. At that time, efforts were even made by the pocket paramilitary forces of the various political leaders to directly confront the Tatmadaw. It was then that the trouble began according to the vicious script of "Myriad difficulties and multifarious arms." It was at that time when there were urban battles and the worst conditions prevailed with urban and rural fightings [sic] breaking out that the Tatmadaw was able to protect the Union in time. In other words, it was the Tatmadaw which in 1958 was able to timely prevent the disintegration of the Union and loss of sovereignty.


Away from the road to disintegration

In 1962, it was the Tatmadaw which was again able to timely save the situation when the Union was on the brink of ruin and there were dissatisfactions, suspicions and loss of solidarity among the nationalities. In other words, it was the Tatmadaw which in 1962 was able to turn the Union away from the road to disintegration.

During the disturbances of 1988, people who did not want the one-party system staged demonstrations. At about the same time, chaos and anarchy reigned in the country as a result of the vicious machinations of those opportunists who wished to "lay down their mats when the pwe panicked". It was because of such deterioration of conditions which may result in the disintegration of the Union and potential loss of sovereignty that the Tatmadaw, just in time, assumed responsibilities.

That is why it will be necessary to work hand in hand with the Tatmadaw for the peace and tranquillity of the future State because the Tatmadaw has had a long tradition and heritage of having confronted and overcome all dangers which had threatened the nation and the people and in so doing, has sacrificed many lives. The international situation as well as the domestic, political, economic, social and military situations are constantly changing. Under such fluctuating conditions it is timely to bestow appropriate responsibilities to the Tatmadaw so that it will be able to actively participate in the national political leadership role of the future State and thereby be able to provide timely protection whenever the need arises.

To put it frankly, the maintenance of national stability, peace and tranquillity without the participation of the Tatmadaw is extremely risky and dangerous and it will not be at all easy at a time when internal and external threats, interferences and dangers are confronting the nation.


Tatmadaw's cetana ought to be understood

That is why the Tatmadaw's cetana (goodwill) in assuming suitable responsibilities to participate in the national political leadership role of the future State ought to be understood and appreciated while the pure and selfless goodwill of the Tatmadaw upon the nation and the people ought to be also well understood and appreciated.

Incidentally, I wish to say a few words about the nobility and selflessness of the Tatmadaw's goodwill. In the entire history of the Tatmadaw, there has never been any intention, at any instance, of holding on to State power with covetousness. The long history of the Tatmadaw from its founding on 26 December 1941 as the BIA (Burma Independence Army) to this very day, stands witness to this fact.

The Tatmadaw fully respects the values of genuine democracy which the people wish for. It wishes for and looks forward to the effectiveness and beneficial emergence of genuine democratic practice.

The Tatmadaw is a national force which permanently holds in high esteem the objectives of national welfare and also always maintains the tradition of protecting and defending the lives, properties and wealth of all the national peoples.


Majority of the people fully understood

The majority of the Myanmar people fully understand that the multiparty parliamentary democracy system has been unable to resolve the numerous and major problems of national unity, economic administration and social matters, from the time the Myanmar Naing-Ngan became independent to this day. On the other hand, the Tatmadaw on its part has had to confront and overcome, one after another, the various problems regarding national affairs which had arisen since the regaining of independence. Among the many problems, the danger of national disintegration and the compromise or sovereign integrity have also occurred repeatedly.

In this way the Tatmadaw has accumulated a lot of experience and expertise in undertaking the task of resolving major national issues which involve the survival of the nation itself. That is why the practical emergence of a genuine democratic system may be more practically effective if the foresight, experience and expertise of the Tatmadaw that can be co-opted in various fields of endeavour of the future new State. Whether under contemporary conditions or according to the lessons of history, the people wholeheartedly believe that only the Tatmadaw can be relied upon as a force capable of keeping things under control when the country faces emergencies. Hence, it is very important for the Tatmadaw to be able to participate in such a role as to provide protection for the people's welfare in the future State. Only in this way, would there be deterrence against threats against the nation and bring to the people peace of mind for the future.


Protection provided with sacrifice of many lives

A reappraisal of the past experiences in the regions inhabited by the nationalities which are today the states will show to what extent conditions would have been worse if these regions have not had the benefit of the Tatmadaw's protection provided with the sacrifice of many lives, much blood and much sweat. A look back at the events of the 1960s, 1970s, and 1980s will surely cause the distinguished delegates to remember how these regions were repeatedly in danger of falling into the hands of terrorist insurgents. The 40-day battle of Kunlong, the Sisiwan Tarpan battle, the Mongyang region battle, the Methawaw region battle and the battles which took place within the Kachin State are just a few examples. Hence, the stability, peace and tranquillity which prevails in those states indicative of the benefits which accrue from magnanimity, goodwill and sacrifice of the Tatmadaw.


Tatmadaw enjoys people's confidence, reliance

Having the foremost organization and being in the forefront in providing protection for the people in practically all the exigencies met by the Myanmar Naing-Ngan, the Tatmadaw is an organization of vast mature experience in all Myanmar matters. In establishing a new Myanmar Naing-Ngan, the Tatmadaw is the foremost organization which enjoys the confidence and reliance of the people in its ability to lead the way along the road which will be of the greatest benefit to the people. It is the national force which can ensure the realization of the Three Main National Causes and while providing greatest protection for the welfare of the people, would at the same time, help establish a genuine democratic system representing the aspirations of the people. Hence, the principle which would bestow appropriate responsibilities to the Tatmadaw so that it will be able to actively participate in the national political leadership role ought to be included in the basic principles laid down for the new Constitution, in order that the Tatmadaw which the people respect and have confidence in, would be even more effective in promoting the welfare of the nation and the people according to its traditions.

So that the distinguished delegates may not overlook an important point, I wish to speak a bit on the Tatmadaw and politics (in other words) how military and political matters are linked and how there are mutual repercussions of cause and effect.


Forced to exercise right of self-defence

I am sure you are aware of the saying that "war is an extension of politics". Putting it another way, it means that military matters and political matters are interconnected. The social conflicts of human society are resolved through political means. However, if we are to ask whether it is always successful for political means to resolve problems, we may find that they are not always successful. This becomes very obvious in a study of historical experiences throughout the world. The period of 45 years from 1946, the end of World War II, up to 1990 is known as the cold war period; but during this time there were known to be 125 wars in the Third World countries with about 22 million deaths. In term of costs, as much as 200 billion dollars were spent on arms in these regions. This is known from a report presented to the North-South Roundtable Conference held in Costa Rica in 1990.

During this 20th Century there have been two World Wars, repeated limited wars and regional wars. This being so, valuable lessons have been gained for national leaders of perception in many countries [sic].

As for our Myanmar society, every endeavour must be made to solve matters in political ways and peaceful means. But in solving problems there have been obvious instances, in our history, when we had experienced conditions in which it had been impossible to succeed through peaceful means even though we had wanted to do so. The First Anglo-Myanmar War of 1824, the Second Anglo-Myanmar War of 1852 and the Third Anglo-Myanmar War of 1885 as well as the 1953 aggression of our territory and sovereign integrity by the "White Chinese" (KMTs) with the support and backing of a certain super power are instances; according to these lessons of history we were eventually forced to exercise the right of self-defence and fight back.


Terrorists have no regard for well-being of nation

If we today look at the activities and behaviours of the internal and external destructive elements and terrorist insurgents we may find similarities. As everybody already knows, even thought the State Law and Order Restoration Council, the Tatmadaw, suspended offensives with constructive magnanimity in the interests of national solidarity so that they may abandon the line of armed struggle and participate in the National Convention, they abused the chance and took advantage of the lull to attack Hti Mu Khi camp and Hweponlong camp of the Tatmadaw. That is why we have had to respond accordingly against these terrorists who are devoid of constructive spirit and who have no regard whatsoever for the welfare of the State, for the welfare of the Union or for the welfare of the people. However, we will always keep our hands extended in welcome so that they may participate in this Convention because they are after all, our nationalities.

If there is a desire to take action for timely deterrence against all potentials for national destruction which may manifest themselves in numerous forms against the future State, either from within or without the country, it may be readily realized that it would be imperative for such action to be taken in close conformity with the Tatmadaw participation in the national political leadership role.


A patriotic force born with national politics

Everybody knows that our Tatmadaw is not merely a salary-earning force but that we are a patriotic force which has sacrificed tens of thousands of lives while engaging in authentic national political activities such as having engaged in the anti-imperialist struggle and anti-fascist revolution and also in safeguarding national independence in the contemporary context.

The Tatmadaw came into being with greatly respected politicians at its core. As an organization which came into being together with the emergence of national politics and having developed together, the Tatmadaw possesses an accumulation of immense experience and maturity in national matters.


Difference between party politics and national politics

Distinguished delegates,

We have heard that some with constructive attitudes welcome the Tatmadaw's participation and shouldering of responsibilities in the future national political leadership role. But as is natural, there may perhaps be others whose points of view may not be as clear. To give a clearer view to such people I shall explain a bit. At this point, we will have to explain our point of view regarding the difference between party politics and national politics. Party politics involves the respective political party organizations explaining their policies, ideologies and programmes to the public and organizing them so as to gain the greatest amount of support from the electorate. It is in the nature of parties to engage themselves in party politics.

On the other hand, national politics involves providing deterrence and defence against all threats and dangers which may befall the entire nation and the entire people. And if and when actual dangers befall they will be confronted, overcome and removed. Projects and programmes which will be of benefit to the entire people will be laid down and implemented. In particular, efforts will be made to achieve preconditions which can ensure the safety and perpetuity of national independence and national sovereignty. Cohesive solidarity and unity of national races will be established and preserved. All may already know that such matters as I have mentioned are not the concern of one particular party nor can any single party successful achieve [sic]. The best and the most beneficial way in national politics in the interests of the whole nation and people is to scrutinize the policies and laws and to implement beneficial programmes while working hand in hand in close contact with the representatives of the Tatmadaw which is an organization which possesses fine historical traditions, unity and capabilities. These are the activities of national politics. It is according to the saying "what cannot be achieved with the strength of a single man can be accomplished with the strength of ten thousand".


Points of truth no one can deny

I have so far been explaining things with frankness because I want you to have a clarity of views regarding this point. The time has now arrived to resolve to seize the opportunity provided by the National Convention to work hand in hand, in the future progress of the State, with the Tatmadaw, the force which will render sacrifices in protecting and defending the nation and its people against all dangers. In this context, the Tatmadaw should be considered a noble companion which is loyal, courageous and dutiful in carrying out its responsibilities.

That is why the six objectives mentioned should be kept constantly in mind during the National Convention which begins today. The six objectives should also be the criteria in pondering the topics to be discussed. These six objectives constitute points of truth which no one can deny. As they are correct today they will continue to be correct in the future. Every effort should be made to realize the six objectives as it is clearly evident that they are much cherished and valued by all the nationalities and by all classes living within the Myanmar Naing-Ngan.


No alien interference will be tolerated

As all the distinguished delegates are well aware, the National Convention is purely a matter of national concern of Myanmar Naing-Ngan. This being the case, no alien interference nor influence will be tolerated.

We heard before the Convention that some individuals and organizations were expressing concern as to whether they would be given sufficient time to comprehensively discuss all they have in mind.

The National Convention Convening Commission is holding this Convention with great expectations and we also place great value on it. Hence, every preparation has been made to enable comprehensive discussion of all matters relevant to the Convention. Every thought has been given and every preparation made so that it will be systematically conducted with great patience and respect.

All arrangements have been made at the National Convention so that proposals and discussions can be systematically made chapter-wise. The topics have been prescribed according to separate categories in panel discussions on the basis of the topics; papers are to be compiled on the basis of these respective discussions and for these papers to be presented at the general session of the main Convention to be attended by all categories of delegates.

Every assistance will be provided to the delegates by the Work Committee and staff so that all the relevant activities may be carried out as smoothly as possible.


Co-operate actively for success

A handbook on Procedures relevant to systematic, smooth and successful conduct of the National Convention has already been distributed. I urge all the distinguished delegates to thoroughly study the handbook and to actively cooperate and carry out their respective tasks for the success of the Convention.


Panel of Chairmen to be chosen

Distinguished delegates,

A Panel of Chairmen is to be formed to steer the proceedings. The eight categories of delegates are to choose five chairmen in each category. Together with five chairmen of the Work Committee, there will be a total of 45 in the Panel of Chairmen. They will be divided into five groups, each made up of nine Chairmen, and they will carry out their responsibilities in rotation.

The panel meetings which will soon be held according to the respective categories of delegates will be selecting the respective five chairmen category-wise. I request you all to elect suitable personalities for this purpose.

After having elected the chairmen there is another equally important matter to attend to. This is to discuss and designate the relevant chapters which are to be discussed at the National Convention. This will be done only after thorough coordination with the distinguished delegates. After having done that we will all conduct the discussions category-wise with the greatest cordiality and patience.


Auspicious omen presaging peace

Now that the National Convention is being held in the cool comfort of the winter season I believe that it is indeed an auspicious omen presaging peace and tranquillity for the nation's future, free from the heat of problems and atrocities.

I would like to draw your attention to another auspicious coincidence of the occasion - according to the ancient poet Maha Atula Mingyi who wrote about the present month of Pyatho beginning with "Clear skies, free of clouds; with silvery mists moist and cool...": in this work he also referred to the auspicious gathering of distinguished personalities congregating on the apron of the palace and eulogized it as a scintillating convention of hundreds of noble royalty. What this shows is that congregations of the noblest and the worthiest were held in the month of Pyatho in the old days. Now too, in accord with the ancient traditions we are holding the National Convention in the month of Pyatho. The over 1000 staff members under the National Convention Convening Commission, the Work Committee for Convening the National Convention and various sub-committees will be attending to all the needs of the distinguished delegates so that you may carry out the tasks of the Convention in peace of mind and good health while enjoying the pure and cool comfort of the wintry season.


Bring greatest benefit to the nation

I urge all the distinguished delegates to give particular attention to your health and to immediately tell us whenever you feel a need for medical attention.

Esteemed delegates and distinguished guests,

In conclusion I would like to say that noble endeavours have been made by those concerned according to their times and conditions, to achieve the best accomplishments in national politics upon the Myanmar political arena. The conferences for national solidarity such as the Naythuyein Conference and the Panglong Conference have brought benefits worthy of being documented in the annals of our history.

Hence, I wish to conclude by urging one and all to participate in harmony and unity to achieve meaningful successes through the historic and significant National Convention which begins this day of 1993 so that it mauy bring the greatest possible benefit for the welfare of the nation and the national peoples.

(WPD 1/10)

First Days of Convention

Jan. 9: The National Convention opened in the Central Meeting Hall in the compound of the President's Residence at 10:35 am, attended by many SLORC leaders and by 699 delegates out of the 702 chosen, or 99.57%. Following a speech of welcome by the National Convention Convening Committee Chairman, Maj-Gen. Myo Nyunt [reported in full above], the Convention adjourned until 10 am on January 11.

"The first installment of daily allowance for delegates who are attending the National Convention was disbursed at the Accounts Secion near the No 9 gate of Kyaikkasan Grounds by the Finance Sub-committee beginning this afternoon.... The first installment was for travelling allowance, daily allowance and petty cash of K300 each for the whole convening period. Seven sections were opened for the convenience of the delegates. The allowances will be paid tomorrow if not finished today. Other allowances will be paid in installments till the conclusion of the Convention."

Present were journalists from many foreign media, namely Radio France International, ARD, Tokyo Shimbun, Newsweek, Kyodo News Service, Kawa Ji Ji Press, Sankei Shimbun, Fuji Television Network, Yomiuri Shimbun, Nihon Kaizai Shimbun, Mainichi, AP, NHK, TBS, AFP. Asahi Shimbun, BBC (Tokyo), TV Asahi, BB TV, NTV, and Time Magazine.

In the evening the delegates were entertained with a Cultural dance show. (WPD 1/ 10)

Jan. 10: The delegates were entertained with "modern music" at the Saya San Hall [photo shows guitar players in jeans]. (WPD 1/11)


Convention
Procedures

Jan. 9: "Clarification" on procedures given by Maj-Gen. Myo Nyunt following his opening speech [text]:

Esteemed chairman and delegates

1. All auspiciousness attends this National Convention that should be chronicled in the history of Union of Myanmar. Delegates to the Convention are personalities from all national races and all strata in the whole of Union of Myanmar.

2. They have come here to discuss and coordinate what principles should form basis in framing a firm Constitution to serve the interests of the country and the people. It is arranged for them to hold discussions on them thoroughly.

3. Convention convening procedures issued by the Commission will be circulated to the delegates so that they can present their views and suggestions systematically. The procedures have a preamble and seven chapters. Chapter 1 contains the Convention's six objectives, namely

(1) non-disintegration of the Union

(2) non-disintegration of national solidarity

(3) perpetuation of sovereignty

(4) for a genuine multiparty democracy system to flourish

(5) for the further burgeoning of the noblest and worthiest of worldly values such as justice, liberty and equality

(6) for the Tatmadaw to be able to participate in the national political leadership role of the future State.

4. Chapter 2 contains types of delegates, namely delegates from political parties, delegates elected in the election, delegates of national races, delegates of peasants, delegates of workers, delegates of intelligentsia and technocrats, delegates of State service personnel and other persons who should be invited.

5. Selection and invitation have been made to involve persons from all national races and all strata of people from all over the country, in accord with submission of the organizations concerned.


Delegates to the Convention

6. I will go on and clarify what the delegates should know about their responsibilities and what they can do, what they shall have and what they shall get as right.

7. These are prescribed in Paragraphs 5 and 6 of the work procedures. They are prescribed so that the delegates precisely know them. They include responsibility to respect and obey existing laws, orders and directives, and respect and comply with regulations, procedures and directives issued by the Convening Commission. The delegates are to honestly and openly present their wishes and suggestions within the framework of the objectives with aims at laying down principles to form basis in framing a firm Constitution. There may be some discussions to be kept as secret.

8. So it is prescribed as a responsibility of the delegates to keep secrets in connection with the Convention. Now I will clarify the rights of delegates. They come from all national races and all strata of people in the whole country. They include delegates from State service. They are treated as on their original duty. Moreover all delegates will get grants, daily allowances and other allowances officially.


Delegates to the Convention

9. The delegates will realize the importance of this Convention for laying down principles to form basis in framing a firm Constitution. A code of conduct and rules are laid down to be followed by the delegates to ensure mutual respect and systematic proceeding of the Convention. They are:

 -  not to owe allegiance to any country other than the Union of Myanmar

 -  to respect and abide by instructions of Convention chairman or delegates group chairman

 -  to conduct oneself in conformity with the integrity of a Convention delegate

 -  not to misuse the position of a Convention delegate and seek personal gain

 -  to adhere only to objective discussion at Convention meetings, to avoid attacks on personalities and organizations

 -  to salute the State Flag on entering or leaving Convention plenary meeting hall and delegates group meeting halls

 -  Men delegates are to wear jackets and collar-less shirts and women delegates are to wear long sleeves. National races may also wear their national dresses in full. Tatmadaw and People's Police personnel may also wear duty uniforms

 -  not to bring in arms, ammunition, audio recorders, video recorders and cameras into Convention plenary meeting hall and delegates group meeting halls

 -  to wear delegate badges on their left breast, and report as early as possible to the Convening Work Committee Office in case of damage or loss of badges

 -  Convention news will be released by the Convention Work Committee. So delegates are to keep news secret before they are officially released by the Work Committee

 -  not to bring food, take food or smoke in the Convention meeting hall

Delegates are requested to abide by these rules.

Delegates to the Convention

10. The Panel of Chairmen is necessary to supervise meetings so as to ensure systematic proceeding in Convention meetings and enable delegates to present what they wish to present in accord with the procedures. So, for forming the Panel of Chairmen, five representatives from the Convening Work Committee, ten from delegates of political parties and delegates elected at the election, five from delegates of national races, five from delegates of peasants, five from delegates of workers, five from delegates of intelligentsia and technocrats, five from delegates of State service personnel and five from invited persons are to be nominated by respective delegates groups. It is to be done so with fairness and in coordination with one another.

11. Some from the group of delegates of political parties and the group of delegates elected at the election are found to belong to the same political party. So the two groups are to get together to nominate ten persons for the Panel of Chairmen, fairly in such a way as to let one from each party get onto the Panel of Chairmen.

12. When the Convening Work Committee gets the nominations from delegates groups it will form panels of chairmen, each comprising nine members, to supervise plenary meetings of the Convention. In each Panel of Chairmen, one selected by the Convening Work Committee will act as chairman of a Convention plenary meeting whereas the remaining eight will be reserves.

13. The five persons nominated for the Panel of Chairmen by each group are to supervise meetings of that group. They are to coordinate among themselves and select one from among themselves to act as chairman, while the others will be reserves.

14. There will be ten persons nominated by the group of delegates from political parties and the group of delegates elected at the election. When the two groups hold separate meetings, each meeting will need only five on the Panel of Chairmen. So the ten nominated are to coordinate among themselves to assign five for each meeting.

15. Duties and rights of the chairman and members of the Panel of Chairmen are laid down in Paragraphs 15 and 16 of Procedures succinctly and so require no clarification.

Delegates to the Convention

16. I will explain matters regarding Convention meetings as contained in Chapter 3. Convention plenary meetings will be held in this hall. Normally they will be from 10 am to 4 pm, it is intended. For delegates' convenience, there will be a 15-minute recess in the morning, about an hour's lunch break and a 15-minute tea break in the afternoon.

17. Plenary meetings are valid only with a quorum of 50 per cent attendance. Delegates are to sign attendance with Delegates Scrutiny. Only then will it be possible to know the attendance and fulfillment of quorum or not. It has been arranged to facilitate their signing in. The same applies to group meetings as well.

Delegates to the Convention

18. I would now like to explain the methods of holding discussions as contained in Chapter 4. The State Law and Order Restoration Council has assigned the National Convention Convening Commission to make arrangements to enable the delegates to present their wishes and suggestions systematically at the National Convention. Accordingly it has been prescribed to enable the delegates to present their wishes and suggestions in democratic way frankly, cordially, and systematically. (WPD 1/11)

19. In the first place subject headings of basic principles on which the constitution is to be founded will have to be discussed. The Work Committee will make arrangements to enable panels of Delegates for such discussions. Members of the panels will draw up a list of subject headings they wish to discuss in their respective panels and submit the list through their respective chairmen.

20. A member, or members, of a panel may introduce the subject headings the panel has decided on unanimously. Dissenting views in a panel may be discussed only in the panel concerned. Such dissenting views will have the right to be introduced in the plenary session only after they have been discussed in the panels concerned.

21. Party representatives may separately introduce subject headings their parties might wish to be discussed. Members of panels who are also elected deputies, either on party platforms or on independent basis, may also separately introduce their party suggestions or independent suggestions.

22. Dissenting views of a member of a political party or a panel of elected deputies may separately introduce the subject headings they would like to suggest. In all such cases, such dissenting views will first have to be discussed in panels before they can be introduced in the plenary session.

23. The Work Committee will make arrangements and otherwise take necessary action to resolve differences, if any, in suggestions made by political parties and by delegates who have differing views from those of the panels.

Esteemed Delegates

24. I will now continue to explain the procedure for discussion on subject headings the Convention has obtained after maximum co-ordination. The Work Committee will make suitable arrangements to enable delegates to discuss on the subject headings chosen and to present them to the plenary session. Panels will have to discuss separately in accordance with the chosen subject headings of the basic principles of the constitution.

25. The panels will then write a report on their discussions to be presented to the plenary session. Party representatives may present separate reports on discussions made within their parties. Delegates to the Convention who are also elected deputies may, if they belong to political parties, present their reports on party basis.

26. Reports on discussions are to be presented by panels. Suggestions additional to those contained in panel reports may also be submitted through the chairmen of the panels.

27. The reports shall state clearly those points on which a discussion is desired. I will now explain the objects of these reports. If a member of the panel were to be allowed to report on verbally and without any written document, some matters that panel desires to be brought out might get left out. And additionally, this will also facilitate those delegates who are not very fluent in Myanmar language, to present their viewpoints. And also, when basic principles are laid down at the time of actual drafting of the constitution, these documents will become very useful.

28. Political parties, delegate panels and delegates who desire to present separate reports, will submit a copy of their reports to the chairman of their individual panels within a time to be specified. In such submission, the name or names of delegates who are going to submit the report will have to be stated. Political parties and/or members of panels submitting dissenting views will also have to state the name of the delegate who will be making the submission.

29. The Chairmen of the panels will forward the reports received together with the names of delegates who will be submitting these reports to the body charged with preparing lists of speakers.

30. The Work Committee will convene a plenary session of the Convention on receipt of these reports and names of delegates who will be presenting them.

31. Only those whose names have thus been given will have the right to speak at the plenary session of the Convention.

32. The Work Committee will make suitable arrangments to enable panels or individual member delegates of the panels to resolve their differences with suggestions contained in such reports.

Esteemed Delegates

33. I have already presented procedural matters relating to discussions to be held within panels and within plenary sessions. Delegates are urged to conduct their discussions within the framework of the six objectives and observe the following discipline:

 -  to refrain from saying anything treasonable to the State;

 -  to refrain from saying anything that might lead to disintegration of the Union, that might hurt the national unity and that might injure national sovereign independence;

 -  to refrain from saying anything that would serve the interests of organizations and individuals not functioning within the framework of Law;

 -  to refrain from saying anything that might harm national unity and impair mutual help and friendship;

 -  to refrain from saying anything blasphemous to any religion;

 -  to refrain from reviving a subject already discussed at the Convention;

 -  to refrain from saying anything extraneous to the subject under discussion;

 -  to refrain from making any personal attacks against another delegate to the Convention;

 -  to refrain from abusing the right to speak at the Convention by extolling one's own qualities and denigrating other organizations and individuals;

 -  to refrain from saying anything not originally stated in the written report; only written reports will be put on record and anything said outside of the reports will be ignored;

 -  to refrain from demonstrative walk-outs during sessions of panel discussions and sessions of whole Convention.

34. These rules are made in the interests of all delegates to the Convention and a strict observance of these rules is necessary.

Esteemed Delegates

35. The National Convention, now in session, is going to be a landmark in history as I have explained earlier. It is a common practice to lay down certain prohibitions to ensure orderly conduct of business without any disruptions at such Conventions. Therefore in Chapter V of the Rules of Procedure prescribed for the Convention certain prohibitions have been stipulated in the interests of all Delegates. To detail these prohibitions, a Convention Delegate, or any other person -

 -  shall not exert undue influence, persuade or threaten a Convention Delegate who is going to speak at the Convention;

 -  shall not interfere with a Convention Delegate in the Convention Hall, or in panel discussion chambers, or in the hostels designated for the residence of Convention Delegates or within their periphery;

 -  shall not interfere with or obstruct a Convention Delegate or a security personnel from performing his or her duties;

 -  shall not make use of any fraudulent documents or markings in order to deceive the Convention or a Panel of Convention Delegates; and

 -  shall not distribute any documents or papers not authorized by the Work Committee in the Convention Hall, or in panel discussion chambers, or in hostels designated for the residence of Convention Delegates or within their periphery;

 -  shall not disclose documents classified by the Work Committee as 'secret', and shall not talk about, or write, or print, or print [sic] or distribute such documents;

 -  shall not carry any arms and ammunition in the Convention Hall, or in panel discussion chambers, or in hostels designated as residence fo Convention Delegates or within their periphery; this does not apply to personnel posted on security duty.

Esteemed Delegates

36. Chapter VI deals with vitiation of status of a Delegate. It needs hardly be said that all Delegates are gathered here to thoroughly discuss their opinions and present their views relating to the laying down of basic principles for drafting of a constitution. Only a regular attendance at all plenary sessions and panel discussions will enable a Delegate to keep in touch with topics being discussed at the Convention.

37. Should a Delegate fail without any reason to attend any of the sessions of the Conference, his purpose of attending the Convention will be nullified. Should any delegate be unable for any urgent personal reason to attend a session of the Convention, he or she should apply for leave of absence in a prescribed procedure through the Chairman.

Esteemed Delegates

38. Chapter VII deals with miscellaneous matters. Delegates should be resident all together so that the business of the Convention would be facilitated and so that panel discussions may be held as and when required. The Management Committee, under the direction of the Convening Commission, has therefore arranged accommodations for all Delegates to lodge together.

39. I have now explained all the Rules of Procedure for the conduct of this Convention together with their objectives. I conclude my explanations with a notice that any panel of discussion or any individual Delegate may communicate in writing with the Office of the Work Committee in connection with any point in the Rules of Procedure of which they are not very clear. (WPD 1/12)


Chief Justice's Speech

Jan. 11: Chief Justice U Aung Toe, Chairman of the National Convention Convening Work Committee, devoted the morning session to a lecture on the contents of constitutions, and provided statistics on Myanmar's ethnic makeup [full text--except for chapter headings of foreign constitutions] :

Distinguished delegates to the National Convention

May you all be of good health and be blessed with tranquillity! May you also enjoy a surfeit of auspicious benefactions! I greet you all with an invocation that you may be able to exert yourselves, ever more than before, in working for the welfare of the nation!

As the distinguished delegates already know, discussions are to be conducted at this National Convention for the formulation of a fundamental principles to frame a State Constitution which would be in harmony with the objective conditions and requirements of our Myanmar Naing-Ngan, with the country's natural habitat, historical background, politics, economy, social conditions as well as cultural and traditional heritage. The following objectives are to serve as guide for the discussions:

 -  Non-disintegration of the Union;

 -  Non-disintegration of National Unity;

 -  Perpetuation of sovereignty;

 -  For a genuine multiparty democracy system to flourish;

 -  For the further burgeoning of the noblest and worthiest of worldly values such as justice, liberty and equality; and

 -  For the Tatmadaw to be able to participate in the national political leadership role of the future State.

No difficulties are likely to be encountered in drawing up an enduring Constitution if the fundamental principles formulated for the purpose fulfil thise six principal objectives. The discussions are to be conducted chapter-wise, including those chapters which are normally part of the constitutions of the world's nations, and more importantly, including those points which are relevant and necessary in the light of our country's special conditions. I exhort you, to make sure that these six objectives are fulfilled in the basic principles which you will discuss and lay down.


Fundamental principles for framing Constitution

I shall say a few words regarding the chapters which ought to be discussed in laying down the fundamental principles for framing the Constitution. First, there is a chapter on State structure. This is the most fundamental part of a constitution. In practically all the State constitutions of other countries the chapter on State structure usually comes first. The State, of course, possesses specifically defined boundaries; in other words, it refers to the territory of the State. Then we have the sovereignty of the State; referring to legislative, executive and judicial powers and how the nationals living within the State utilize these powers. We will also see in what form, structure or system the State itself is organized.

Generally speaking, we may find two kinds of State structure. The first type is unitary and the second type is union or federation system. Roughly speaking, in the former system, legislative, executive and judicial powers are concentrated at the centre. In particular, legislative power is permanently exercised by the centre. As for executive and judicial powers, specified regional organizations exercise them in accordance with the laws laid down by the centre. In the union or federative system, the legislative, executive and judicial powers are shared by the centre and by the member states. In other words, it is a system in which legislative power is exercised not only by the centre but also by the member states which are empowered to make laws which are relevant to their respective regions. Executive and judicial authority may also be exercised by the member states. In a nutshell, it is a system in which the sovereign authority of the State is shared by the union and by the states which are members of the union. Hence, in discussing the State structure, we will have to deal comprehensively with the type or form, structure and system which would be most suited and therefore best, for our country.

Another chapter which ought to be pondered concerns the fundamental principles of the State; some refer to it as the directive principles of State policy. These are intended for the general guidance of the State regarding policies and principles to be followed in politics, the economy, social matters, cultural matters, peasants' affairs, workers' affairs and religious rights as well as land use and exploitation of natural resources. It is found that these fundamental principles are used as general guidance in legislation, administration and in interpretation of laws.


Points for discussions

There would be a need to comprehensively discuss,

 -  what kind of rights and duties should be given to the citizens,

 -  what kind of guarantees should be ensured for the welfare of the peasants and workers,

 -  what kind of principles should be followed in nurturing and protecting minors, youths and the aged,

 -  what kind of provisions should be made to create the best preconditions which can ensure realization of non-disintegration of the Union, non-disintegration of National Solidarity and perpetuation of sovereignty.

 -  how to lay down firm fundamental principles regarding the enjoyment of benefits which accrue from the exploitation and use of natural resources abundant in our waters, land, forests and mountains, and

 -  what should be the economic system of the State.

Hence, discussions are to be made on what kind of fundamental principles and directives, relevant to our country, ought to be prescribed in our Constitution.

Regarding other chapters, it has been found that separate chapters are devoted to each of the three branches of State power, namely, legislative, executive and judicial powers; which organ will exercise the legislative power on behalf of the State, as well as how executive and judicial powers are to be divided and exercised.


Legislative power

Regarding the chapter on legislation, some countries use the unicameral system with a single chamber exercising legislative power. Some other countries employ the bicameral system in which two houses exercise legislative power. In those countries using the union or federation system, it can be found that the legislative power is also entrusted to the members of the union. What is to be discussed is whether there should be only one house or two houses in our country and also in what form the legislative power is to be exercised as well as whether or not judicial power should be apportioned.


Executive power

How executive power is to be exercised must also be discussed. In some countries, the Head of State is also the Chief Executive. In some other countries, there is a separation of duties between the Head of State and the Chief Executive. For example, the Head of State will have his duties as the President of the country while the Chief Executive is the Prime Minister who possesses full executive powers and is head of the government which administers the country. Such matters as which organ would appoint the Head of State in what way, or whether he is to be elected as well as which organ would appear, in what way, the Chief Executive, the Prime Minister, and the cabinet are prescribed. What must be discussed in detail is what kind of structure and what methods of choosing would be best suited for the conditions of our country.


Judicial system

The judicial system as well as the principles relevant to the administration of justice according to law must also be considered in the discussions regarding the chapter on judicial matters. In such discussions, it will be necessary to consider how the highest court of the land ought to be formed. In quite a lot of countries, it is found that the judges of the highest court of the land are appointed by Head of State with the approval of the Hluttaw (parliament). How it should be formed and how the appointments should be made must also be discussed. Similarly, the formation of the regional courts and appointments of judges should also be discussed. In addition, discussions should also be made on the jurisdiction and powers to be vested in the highest court of the land. For instance, should problems of law connected with the interpretation of the Constitution be put within the jurisdiction of the highest court of the land, or should such matters be entrusted to a separate court of law formed for the purpose and if so, with what kind of individuals should it be constituted - these must be pondered. In addition, it should also be carefully thought out as to whether or not the highest court should be vested with jurisdiction to protect the rights of citizens and if so, how and to what extent should it be vested with appropriate powers.


Attorney-General and Auditor-General

Regarding the chapters on the Attorney-General and the Auditor-General, I will first talk about the former. The Attorney-General is appointed to give advice to the Government about legal matters; among other things, to advise the Government in bilateral relations and agreements with other countries, on international agreements and when the Government enters into agreements and treaties with other countries, organizations or individuals. Among his responsiblities are included scrutinizing work involved in the enactment of new laws and for the revision and amendment of existing laws; he must also advise the government on all such matters. He must also act as the legal representative of the Government in all cases involving the Government. In addition, the Attorney-General is also required to give essential supervision to ensure that everything is according to law when service organizations carry out duties on behalf of the Government.

Most constitutions stipulate how the Attorney-General is to be appointed, his tenure of office and his specific responsibilities. You may have already seen that in the previous Constitutions of our country, this role has been stipulated both under the name of the Attorney-General as well as the Council of People's Attorneys.

I will next deal with matters concering the Auditor-General. The Auditor-General is appointed to supervise all fiscal matters of the State, including budgetary efficiency and whether or not the money being spent by the Government departments is being beneficially used for the people. Constitutions usually stipulate how the Auditor-General is to be appointed, his tenure of office and his specific duties. You mauy have already seen that in the previous Constitutions of our country, this role has been stipulated both under the name of the Auditor-General as well as the Council of People's Inspectors. Stipulations as to the specific duties, appointments and tenure, among other things, for the Attorney-General and the Auditor-General to be included in our Constitution will also have to be discussed.


Matter of local government to be discussed

The matter of local government should also be discussed as a specific chapter at this Convention. Regarding this chapter, it will be necessary to discuss how regional administration may be entrusted to the respective regions in the same way as the Hluttaw (parliament) has vested the Government with executive power for administering the State. In some countries local government is carried out by elected organizations. In some other countries, local government is carried out solely by appointed personnel. There are also other countries where the work is carried out jointly by elected as well as appointed personnel. In our country, work will have to be carried out in conformity with the emerging political system. If a system of genuine democracy is to become manifestr, regional affairs will have to be carried out regional-wise and the appropriate administrative structure will have to be laid down. What must be discussed, is how the right of region administration is to be vested, how it is to be systematically carried out, and the role to be played by the appointed personnel on the basis of previous experiences and in accord with the geographical and social conditions of the regions concerned.


Fundamental rights and duties of citizens

In discussing the chapter on the fundamental rights and the duties of citizens, matters concerning citizenship and relevant rights, the right of all citizens to be equal before the law without discrimination, rights concerning work and livelihood, rights concerning health, rights concerning rest and recreation, rights concerning education and cultural matters, rights concerning trade and commerce, duties and responsibilities of all citizens to obey the law, as well as the duty to defend and protect the Constitution and the State and the responsibility to honour all obligations required by law to pay taxes and revenues will have to be considered.

Regarding the chapter on State employees, it will be necessary to discuss what should be stipulated in the Constitution in respect of appointments, rights and responsibilities of employees, their code of conduct and the appropriate rules and regulations. Regarding the appointment of State employees and maintenance of discipline, the previous Constitutions included stipulations for the formation of a public services commission which would be concerned, among other things, with advising the Government on the appointment of staff and the maintenance of discipline. Discussions regarding our Constitution should include the matter of stipulations on the formation of an organization similar to the present Public Service Selection and Training Board which would advise the Government on the appointment of State employees, scrutinize and supervise the affairs of employees, provide protection of employees, provide training for improvement of employees' efficiency and also provide preliminary training for candidate employees before they enter work. The discussions must also include stipulations as to the organizations, rights and responsibilities and duties.


Tatmadaw's participation in national political leadership role

A very important chapter which should be discussed at this Convention is that of the Tatmadaw. Among the six objectives, that of "for the Tatmadaw to be able to participate in the national political leadership role of the future State" has been clearly and distinctly prescribed. The greatness of the Tatmadaw's tradition of leadership in striving for independence and in national politics stands out very distinctly. In this connection, the Chairman of the National Convention Convening Commission has spoken at length in his address on the opening day of the National Convention. Hence, it should also be discussed how firm stipulations ought to be included in the Constitution for the Tatmadaw to legally participate and carry out duties in all sectors of national affairs of the State in addition to defence and security, and legislation and executive sectors so that it may actively and effectively participate in the national political leadership role of the future State.


Elections

The discussions on the chapter on elections should include how the legislative assembly should be elected, how the executive branch is to be elected; how other necessary organizations and individuals are to be elected, what stipulations should be included regarding those eligible to stand for election, those eligible to vote, and on what form political parties should be organized so as to be conducive to the manifestation of a genuine multiparty democracy system, which is one of the objectives; and also how they should be formed and what stipulations ought to be made regarding disqualification in election matters.


Amendment

In the discussions on the chapter on constitutional amendment, what should be considered are whether or not the constitution should be easily amended or whether it should be left in a situation where amendments can be made only with difficulty, and also what kind of provisions should be allowed to lend themselves to easy amendments and which other provisions should only be left in such a way that they cannot be amended too easily.


Constitutions of other countries

Distinguished delegates,

I have explained so that you may allocate these chapters for discussions. If the distinguished delegates, through experience and study, would like to propose other matters, you may include them in the discussions. I wish to add that if there are chapters which ought to be excluded, you can exclude them. However, in formulating the fundamental principles to be used in framing an enduring Constitution, it is important that discussions should include all the matters relevant to the Constitution. In order to satisfy this requirement, about 150 constitutions of the countries the world over have been collected.

Studying the constitutions, one can find that some of them are divided into parts while in some others the parts are sub-divided into chapters. There are also some constitutions where there are only chapters and no parts. There are also separate headings under the chapters or parts. The fact is that all countries draw up their constitutions in harmony with their conditions including their natural conditions, prevailing political atmosphere, the economy, social matters, cultural mores and traditional heritage. That is why there is a difference in the format of the various constitutions. In order to highlight this difference I will give explanations about the chapters of the constitutions of some of the countries near us.

[There follow lists of the Chapter headings in the Constitutions of:

Thailand

Bangladesh

India

China

Malaysia

Singapore

Indonesia

Egypt

France

United States of America (including topics of principal amendments)

Myanmar's 1947 Constitution

Myanmar's 1974 Constitution]

Distinguished delegates,

It is found that the headings contained in the constitutions can be seen not only among different countries but also whenever another Constitution is draws in the same country. However, even though there may be certain variations in the usage and nomenclature, there are similarities in the concepts. Basically, such matters as State structure, fundamental principles of the State, citizenship, rights and responsibilities of the citizens, the Head of State, legislation, administration, judicial matters, the Attorney-General and Auditor-General, system of election, and constitutional amendments, are common to practically all constitutions. Either under one name or another, all thee matters are found to be in one way or another, part and parcel of the constitutions of all nations. Invariably, the details of such matters are incorporated into the respective constitutions to be in harmony with the natural condition, historical experience and prevailing conditions in politics, economy, social structure, culture and traditional heritage.


Myanmar's Ethnic Makeup (1992 data)

According to our historical background all the Myanmar nationalities possess the same roots and racial stock; and they have lived in the various regions of Myanmar Naing-Ngan in peace and harmony. According to the data compiled by the Immigration and Manpower Department, the population of the Myanmar Naing-Ngan as of 31st March, 1992, was over 41.9 million. Data concerning the population of nationalities who exceed more than 10,000 in the various States/Divisions are as follows:

In Kachin State, out of the total population of over 1.08 million.

Kachin over 350,000

Lihsu " 50,000

Shan " 250,000

Bamar " 320,000, and

Others " 120,000.

In Kayah State, out of the total population of over 210,000.

Kayah over 90,000

Kayan " 20,000

Kayin " 10,000

Shan " 30,000

Bamar " 30,000, and

Others " 40,000.

In Kayin State, out of the total population of over 1.26 million.

Kayin over 640,000

Kayah " 10,000

Mon " 220,000

Shan " 30,000

Pa-O " 170,000, and

Others " 120,000.

In Chin State, out of the total population of over 420,000.

Chin over 390,000

Rakhine " 10,000, and

Others " 10,000.

In Mon State, out of the total population of over 2.06 million.

Mon over 780,000

Kayin " 260,000

Shan " 10,000

Pa-O " 60,000

Bamar " 760,000, and

Other " 190,000.

In Rakhine State, out of the total population of over 2.38 million.

Rakhine over 1,610,000

Chin " 70,000

Bamar " 10,000, and

Other " 690,000.

In Shan State, out of the total population of over 4.25 million.

Shan over 1,640,000

Akha " 100,000

Kokang " 70,000

Danu " 220,000

Palaung " 300,000

Lahu " 170,000

Intha " 130,000

Pa-O " 450,000

Wa " 90,000

Kachin " 100,000

Lihsu " 50,000

Kayan " 40,000

Kayin " 10,000

Bamar " 470,000, and

Others " 410,000.

In Sagaing Division, out of the total population of over 4.65 million.

Chin over 150,000

Naga " 70,000

Shan " 180,000

Bamar " 4,190,000, and

Others " 60,000.

In Tanintharyi Division, out of the total population of over 1.12 million.

Kayin over 70,000

Mon " 20,000

Bamar " 940,000, and

Others " 90,000.

In Bago Division, out of the total population of over 4.41 million.

Kayin over 210,000

Chin " 30,000

Mon " 10,000

Rakhine " 10,000

Shan " 20,000

Pa-O " 20,000

Bamar " 3,920,000, and

Others " 190,000.

In Magway Division, out of the total population of over 3.88 million.

Chin over 90,000

Bamar " 3,750,000, and

Others " 40,000.

In Mandalay Division, out of a total population of over 5.54 million.

Lihsu over 20,000

Kayin " 10,000

Shan " 50,000

Palaung " 10,000

Bamar " 5,270,000, and

Others " 180,000.

In Yangon Division, out of a total population of over 4.79 million.

Kayin over 230,000

Mon " 30,000

Rakhine " 50,000

Shan " 20,000

Bamar " 4,000,000, and

Others " 460,000.

In Ayeyarwady Division, out of a total population of over 5.84 million.

Kayin over 1,190,000

Rakhine " 60,000

Bamar " 4,430,000, and

Others " 160,000.


Utmost caution to be taken not to disturb solidarity of nationalities

It is obvious from the data that the nationalities are well-distributed in the States and Divisions and there is no one State or Division which is occupied by only one particular national race. All of them have been known to live together in the utmost cordiality like blood brothers everywhere. It is evident that everywhere, the nationalities live together in peace, harmony and solidarity. That is why in conducting these discussions to formulate the fundamental principles for the framing of the State Constitution, utmost caution should be exercised to avoid any kind of thought, speech or behaviour which may in any way disturb the firm and enduring solidarity which has been established by the nationalities on their own volition.


Natural resources

As everybody knows, the forests, the mountains, the rivers and the sea itself have all come to provide natural boundaries which enclose the territory of the Myanmar Naing-Ngan. And what is more, [in] the terrain within these territories, namely our forests, our mountains, our rivers and our seas and even beneath the earth and in the waters exist enormous amount of natural resources.

It is incumbent upon all those who live within our country to protect and defend it so that the motherland can stand with pride, prestige and prosperity for as long as the world exists because our country is full of natural resources, so easy to cultivate, the weather so sublime, and our cultural traditions so refined; and what is more, geographically speaking, we are most strategically-placed.

Distinguished delegates,

It is particularly important never to forget that the solidarity of all the nationalities is, from the point of view of the nation and the people, the most fundamental prerequisite for the non-disintegration of the Union and perpetuation of national sovereignty.

Hence, before discussions begin for the formulation of fundamental principles leading towards the framing of an enduring State Constitution at this National Convention, the distingushed delegates are to engage in panel discussions chapter-wise, making suggestions and proposals to their hearts' content. It is important to remember the six principal objectives when making suggestions and proposals during the discussions. It is important for suggestions and proposals not to deviate from the six objectives.

The suggestions and proposals made are to be compiled and presented according to procedure explained by the Secretary of the National Convention Convening Commission at the first-day session. I would like to remind you that no time limit has been set so that the panel discussions may be carried out by the distinguished delegates to their hearts' content. I conclude by saying that when all the papers of the panel discussions have been submitted to the National Convention Convening Work Committee, the chapters proposed in the papers will be discussed and prescribed.

(WPD 1/12

Convention Recessed to February

Jan. 11: In the afternoon, National Convention Convening Commission Chairman Maj-Gen. Myo Nyunt "clarified" the programme for the National Convention, and adjourned the Convention until February 1st to give delegates times to study and prepare for the panel discussions [full text]:

Esteemed and respected delegates

Discussions are to be conducted at the National Convention nowe being held so as to formulate the fundamental principles which would form the basis for framing an enduring Constitution for our motherland which all of us love and cherish.

What is needed for all of us is to emphatically evaluate and submit proposals, from all points of view, on the chapters to be discussed, right from the beginning of the National Convention, in accord with the proverb that "a good beginning presages successful conclusion", as I said on the 9th of February, the opening day.

This being so, it has become necessary for each and everyone of us to strive to the best of our physical and intellectual abilities for contributing the best and the most suitable proposals from the very beginning, through the middle and right up to the end of the National Convention, after taking all aspects into consideration and without losing sight of the six objectives which I have explained with utter seriousness. In so doing, chapters usually contained in the constitutions of the world's nations and those of our Myanmar Naing-Ngan's 1947 Constitution and 1974 Constitution, which have been presented in the morning session by Chairman of the National Convention Work Committee Chief Justice U Aung Toe, would serve as material for relevant discussions. Specifically, the distinguished delegates will soon be considering the proposals based on the general suggestions made by the Chairman of the National Convention Convening Work Committee.

We assume that the distinguished delegates have realized by now the magnitude of the respect which the Convening Commission and various committees have towards the National Convention itself and towards the distinguished delegates; and also realize how arrangements have been made to enable you to discuss and submit proposals, freely and extensively in a most democratic manner.

I have already explained in detail the six objectives which should unswervingly serve as guide and the Chairman of the National Convention Convening Work Committee has also explained the nature of various constitutions together with the essential chapters. The distinguished delegates are to appraise the pros and cons of the variations from all possible angles. The National Convention Convening Commission realizes that the distinguished delegates must be given sufficient time for study and appropriate preparation.

We also feel that the National Convention delegates representing the political parties may need time to consult their respective political parties.

Hence, we have decided to adjourn the present National Convention so that all delegates including those political parties, delegates of national races, delegates of peasants, delegates of workers, delegates of intelligentsia and technocrats and delegates of State service personnel will have sufficient time for appropriate study. The interval begins tomorrow, the 12th January, 1993, and the National Convention will resume on 1st February, 1993.

Arrangements will be made in proper order for the delegates to leave for their respective regions beginning 12th January and to return and attend the National Convention on time.

Distinguished delegates,

You have stayed together with us for a week with the mutuality of love and respect. Our National Convention Convening Commission and various committees and sub-committees feel grateful towards the distinguished delegates for your cooperation during the one-week stay.

A Myanmar saying goes, "Those who take seven steps together become true companions". As we and the distinguished delegates have stretched our legs for not only seven steps, but lots of steps together, we have indeed become true companions. Hence, what I would like to express is for you, the distinguished delegates, to have a smooth and comfortable journey home and to meet again in a pleasant atmosphere on the 1st of February on which this National Convention will resume.

I also wish that the distinguished delegates may, in the interval, devote to related studies to your hearts' content so as to be able to put forward good and valuable proposals for the State at the next session of the National Convention.

What I would like to say in conclusion is that I cordially bid farewell with respect to the distinguished delegates and wish that we meet together again on the 1st of February, 1993.

(WPD 1/12)


Delegates Return Home, and Come Back

Jan. 12: Maj-Gen. Myo Nyunt inspected "transportation arrangements for delegates who would return home during the interval of the Convention." So far, 57 delegates have left by boat, 47 by bus, 79 by plane, and 128 by train. (WPD 1/13) // Jan. 13: 26 delegates left by 26, 25 by air, and 2 by bus. (WPD 1/14)

Jan. 29: 159 delegates came back to Yangon to attend the National Convention session due to begin Feb. 1. (WPD 1/30) // Jan. 30: 246 more delegates arrived in Yangon. (WPD 1/31)


Rumours Denounced

Jan. 17: "The National Convention is in recess for providing sufficient time for the delegates to continue to study and make preparations through discussions within the respective political parties and among the public. There were different rumours about the interval of the National Convention. There was no hitch at the National Convention. This was stated by Chairman of Yangon Division Law and Order Restoration Council Commander of Yangon Command HQ Maj-Gen Myo Nyunt during his inspection of Hlinethayar Township today." (WPD 1/18)

Jan. 25: Speaking to Division authorities, Maj-Gen. Myo Nyunt "said that today, rumours designed to destabilize the country were being spread. There were four kinds of people that spread rumours, he said. He singled out the four, namely;

1. those who broke the drum because they did not get a chance to play the chief actor's role/those who would like to become prominent;

2. foreign minions within the country who would like to depend upon alien nations;

3. profiteering opportunists; and

4. those with leftist tendencies bent on inciting others to be intolerant and angry.

He said that he had learned members of the public were in a state of uncertainty because of rumours...." (WPD 1/26)


Subversives Arrested

Jan. 22: [Full text]

Attempts to disrupt National Convention uncovered.

14 persons involved in distribution of propaganda leaflets to cause destabilization of peace and tranquillity exposed.

Authorities concerned during this month have exposed, together with evidence, 14 persons including three leading instigators who wrote and distributed copies of an agitative propaganda leaflet with the heading "Di-mo-crat-tic Yahandaw-myar, Kyaungthar/Kyaungthu-myar Hnint Mi-ba Pyithumyar Tho Di-mo-crat-tic Ayaydawbon Tat Oo Ei Tat-hlant-than" with the aim of creating conditions disruptive to the National Convention and destabilization of peace and tranquillity in the State. Legal action is being taken against them.

The three are Shwe Htoo (a) Aung Zeya [photo], 49, son of U Ba Phyu, of Nanshay Ahneiktaw Ward, North-West Township in Mandalay; Moe Kyaw Oo, 28, son of U Win Lwin, of Phontawtoe Ward, North-West Township; and Yi Yi Myint [photo], 24, daughter of U Kyaw Myint, of Zon Street, Wundan Ward, Anauk Myothit, South-East Township, Mandalay.

Shwe Htoo, who took part in the leading role in the distribution of the leaflet, served as a senior assistant teacher at No 1 High School in Kyaukme, Myitnge High School and No 1 High School in Mandalay. In 1987, he was appointed as the headmaster of Holi Village Middle School in Kunlong Township and for his failure to assume the new duty, he resigned as a teacher. He instigated students suring the 1988 disturbances, and then, absconded together with 16 youths to the town of Morae in the other country. When "Myanmarpyi Di-mo-crat-tic Pyaukkyar Tat-Oo" (BDGF) was formed, he became a leading committee member together wtih Dr Aiung Kyaw Oo, Writer Kaulthan Mauriel, Artist Sit Nyein Aye. In the third week of June, 1989, he illegally entered the country following the removal of the foru leading committee members. He sought refuge in Phayagyi Kyaungtaik and Saku Kyaungtaik in Mandalay. While in hiding, he instigated youths to write anti-government leaflets. He became acquainted with Moe Kyaw Oo during the 1988 disturbances and with Yi Yi Myint at Phayagyi Kyaungtaik. He wrote and distributed anti-National Convention leaflets together with Moe Kyaw Oo and Yi Yi Myint as his hardcores.

Yi Yi Myint made final transcription of the draft propaganda leaflet written by Shwe Htoo. She suffered slight head injuries while taking part in the disturbances on 8 August 1990, and was sent to Mandalay People's Hospital by the members of security units. At the hospital, she concealed her name and gave a fictitious name "Tin Mar Yi". At night, one Cho Gyi and one U Visuddha, without permission, took her from the hospital to Aungmingalar Aye Kyaung where she took her hide-out. Aungmingalar Aye Kyaung was the residence of U Tetawa, the chairman of an organization under the name of "Laybyin Layyat Thanga Thamaggi". The Ba-ka-tha (Ahtet Ba-marpyi) and Laybyin Layyat Thanga Thamaggi spread fabricated news by unleashing letters that Yi Yi Myint, Maths student at Mandalay University, had died of gunshot wounds due to the shooting of security forces. As the letter was also sent to the embassies here, fabricated news of the death of a student called Yi Yi Myint was afloat at that time.

Shwe Htoo, Yi Yi Myint and party, under the name "Di-mo-crat-tic Ayaydawbon Tat-Oo" spread rumours entitled "Tat-hlant-than" among people. Their group distributed propaganda leaflets to the universities, colleges and schools, factories and offices in Yangon, Mandalay and to other cities by post, and personally distributed the leaflets in crowded public places.

Effective legal action will be taken against such unscrupulous organizations which are hindering the peace and security of the State at a time when the State is striving for successfully holding the National Convention all nationalities and people from all walks of life will take part in the discussions to lay down fundamental principles for the emergence of an enduring State Constitution to be able to build up an affluent democratic State [sic]. (WPD 1/23)


Jan. 25: [full text]

Attempts to disrupt peace and tranquillity uncovered

Legal action taken against those who wrote and distributed agitative leaflets to disrupt public peace and tranquillity

The authorities concerned, at 3.30 am on 9 December 1992, found a group of persons writing agitative letters with paints on the walls of the wharf on the corner of Shwedagon Pagoda Road and Strand Road with the intention of misleading the people and they were arrested for disfiguring the beauty of the City.

The three who were arrested are Nay Lin, son of U Tin Oo of Tarmway; Kyaw soe Win and Kyaw Soe Lin, sons of U Aye Myint of Dagon Myothit.

According to their confession, they were asked by one Thein Tun (44), son of U Htay of Thegon Township to write agitative letters and to hang such writings in all parts of Yangon. Thein Tun is reported to be a member of one of the opposing groups illegally formed and active in Bangkok, Thailand. That their group is one which is under the opposing terrorist group led by Sein Win. It was also learnt that their group also included Naing Ko Ko, son of U Thein Win of Thingangyunn Township and Sein Myint (a) Mohammed Riduk, son of U Hla Din of Kawthoung Township. The authorities have exposed and arrested Thein Tun, Naing Ko Ko and and Sein Myint. Thein Tun and Naing Ko Ko were said to have entered Myanmar Naing-Ngan illegally in August 1992 and organized, incited innocent youths in the country. Sein Myint is said to be one who acted as courier for the illegal groups in Thailand in sending articles, letters and persons.

The authorities were able to interrogate and expose this group to be the one that was not only carrying out agitative and incitement work with the intention of disrupting peace and tranquillity within the public and spreading rumours, but were also the contacts of terrorist groups. The authorities concerned are taking legal action against the six of them.

Similarly, according to reports received that there were others who were trying to disrupt the peace and tranquillity in the country by writing agitative propaganda leaflets, the authorities concerned made investigations. They were able to expose U Aung Myint (57), son of U Thein Maung of South Okkalapa Township; Daw Khin Mar Aye (53), daughter of U Ba Thaung of Thingangyunn Township and Htay Myint (a) Khin Soe (37), son of U Kyi of Thingangyunn Township and seized from the printed propaganda leaflets with the heading "Democracy Lu-akhwint-yay Ahtwet Taik-pwe-win-gya" under the name of "Myanmar Naing-Ngan Lon Hsaing-ya Pyithu Alok Thama Thwaysi Nyinyut-yay Aphwe-chok" (Ma Pa La Tha) and Ba Ka Tha (Lower Burma) and arrested them on 16 December 1992. The authorities concerned are also taking action against them according to law. (WPD 1/26)