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
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
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
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
(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
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
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
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
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
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
"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 (
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
(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
- 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
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:
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.
According to our historical background all
the
In
Kachin over 350,000
Lihsu " 50,000
Shan " 250,000
Bamar " 320,000, and
Others " 120,000.
In
Kayah over 90,000
Kayan " 20,000
Kayin " 10,000
Shan " 30,000
Bamar " 30,000, and
Others " 40,000.
In
Kayin over 640,000
Kayah " 10,000
Mon " 220,000
Shan " 30,000
Pa-O " 170,000, and
Others " 120,000.
In
Chin over 390,000
Rakhine " 10,000, and
Others " 10,000.
In
Mon over 780,000
Kayin " 260,000
Shan " 10,000
Pa-O " 60,000
Bamar " 760,000, and
Other " 190,000.
In
Rakhine over 1,610,000
Chin " 70,000
Bamar " 10,000, and
Other " 690,000.
In
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
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,
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
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,
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
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
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
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
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)