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. 3, March 1993
NATIONAL CONVENTION
U Aung Than on Chapter Headings
Panel Discussions
U Aung Toe on Chapter Headings
NATIONAL CONVENTION
U Aung
Than on Chapter Headings
Mar. 3: The Plenary Session of the National Convention resumed with 678 delegates present at the Central
Meeting Hall in the compound of the President's Residence on
"The first stage for the National Convention to be able to lay down fundamental principles for
framing an enduring Constitution for the State is the allocation of chapter
headings. The distinguished delegates, after holding panel-wise and political
party-wise discussions, put forward their proposals on chapter headings at the National Convention Plenary Sessions held from 24th to 26th of last month.
"In overall, it is found that a total of
18 papers on the proposals have been presented - 10 by the No 1 category group
of political parties' delegates; two by No 2 category group of Hluttaw
representatives-elect delegates; and one each by [the other category
groups]....
[Number of headings from each group listed]
"In total, there are 367 headings in the
18 papers. Of them, the Panel of Chairmen for the present session has collected
160 headings that have same wordings and usages. We have divided these 160
headings into 20 groups that have common nature and aspects despite some
differences in wording. We are to discuss designating a chapter heading for
each of the 20 groups. Each chapter heading will encompass all the headings for
the group.
"When we go on to discuss chapter-wise
headings, plans have to be made for discussions so as not to leave out topics
included in the headings in each group. In this way, discussions will cover all
the proposals in the papers presented by political parties and delegate groups.
"Hence, so as to deliberate on the
selection of a suitable chapter heading that will encompass all the topics in
the headings of each group, I will now clarify
headings in each group.
I- Preamble
"There is only one group heading under
group 1 and it is "Preamble", which has been proposed by 16 political
parties/ groups for inclusion in the Constitution. It has also been found
included in most constitutions of other nations. Hence, discussions are to be
made whether it should be considered as a chapter alone itself or not and
whether it should be designated as a preamble and not as a chapter.
II- Fundamental Principles of the State
"There are 23 headings under group 1.
They are - State fundamental principles; fundamental principles of the
State; fundamental principles of the State or fundamental policies; fundamental
principles; directive principles; the economic system of the State; economic
policy of the State; the future economic plan of the Union; economic policy;
the economy and social affairs; the foreign policy of the State; foreign
policy; foreign affairs; affairs of national
races; rights of the national races;
nationalities' affairs; Kayin affairs division; the
development of border areas and national
races; mass and class affairs; rights and responsibilities of peasants and
workers; rights and responsibilities of peasants; rights and responsibilities
of workers; and the protection and preservation of the natural environment of
the Union and the extraction and utilization of natural resources in the
Union.... The suitable chapter heading that will encompass all these headings
will be "Fundamental Principles of the State"....
"In group 3, there includes 18 chapter
headings - Form and Structure of State; State Structure; Form of Union
Government; the State; State Title, Structure and Flag; Form of State; the
divisions; the states; the role of states; states and divisions; states and
formation of new states; relationship between the State and the states;
Hluttaws of member states, governments, structures and rights of the states'
governments; roles of the member states; supreme powers and rights of
autonomous regions; structures and rights of the leading committee and
executive committees of autonomous regions in member states; distribution of
power among the Union Government, state government and autonomous regions; and
the states, the new states and the autonomous regions.... It is to be assumed
that the most relevant chapter heading to all these chapter headings is
"State Structure"....
IV- Head of State
"There includes 11 chapter headings in
group 4 and these are Head of State; President of State; President of Union
Government; President; Head of State or President of State; Heads of State;
Supreme
Body of State; Leading Body of State; Head of
State and Leading Body of State; State Advisory Board; and Vice-President of
State.... I am of opinion that the Chapter Heading that would cover all these
suggested chapter headings should be "Head of State".
V- Legislation
"There are 10 chapter headings compiled
in group 5 - Legislation; Hluttaw; Pyithu Hluttaw; Pyidaungsu Hluttaw;
Bi-cameral; Legislative Power of Pyidaungsu Hluttaw; Non-legislative matters of
Pyidaungsu Hluttaw; Promulgation, Amendment and Repealling
[sic] of Law; Promulgations, Amendments and Abrogations
of Laws; and structures of Pyidaungsu Hluttaw and Union Government.... The Chapter
Heading that would encompass all these compiled chapter headings should be
"Legislation"....
VI- The Executive
"Chapter headings in group 6 are: the
executive, the government, the Union government, the Union central government,
head of government (Prime Minister/Ministers), the cabinet, formation of the
ministry of nationalities, ministry of nationalities affairs, the sharing of
power between the Union Government and the state governments, Attorney-General
and Auditor-General and commission on the inspection of public activities.... I
believe the Chapter Heading which covers all of them is "the
executive"....
VII- Administration of Justice
"Chapter headings in group 7 are
administration of justice; Union administration of justice; Union
administration of justice; Chief Justice; Chief Justice, Attorney-General and
Auditor-General; Chief Justice, Auditor-General and Attorney-General; law
tribunal; Constitutional court and administrative court.... I believe the
heading that covers all of them is "administration of justice"....
VIII- Tatmadaw
"Chapter headings in group 8 include:
Tatmadaw, the role of Tatmadaw, National
Security Council, National
Defence Council and the role of Tatmadaw on a state of emergency.... I believe
that the heading that covers all of them is "Tatmadaw"....
IX- Local Government
"Chapter headings in group 9 are local
government and the areas covered by the local government.... I believe the
heading that covers both is "local government"....
X- Citizens and Fundamental Rights and Duties of Citizens
"Chapter headings in group 10 include
citizens, fundamental rights and duties of citizens; citizens, rights and
duties of citizens; nationalities, fundamental rights and duties of citizens;
duties and rights of citizens; freedom, fundamental rights and duties of
citizens; fundamental rights; citizen; commission on protecting the rights of
citizens; fundamental rights and democracy and safeguarding democracy.... I
believe the heading that covers all of them is "citizens and fundamental
rights and duties of citizens"....
"Chapter headings in group 11 include
State service personnel, State service organizations and public services
commission or public services selection and training board.... I believe the
heading which covers all of them is "State service personnel"....
XII- Elections
"Chapter headings in group 12 include
elections; elections and assignment; electoral system; elections and recall;
recall, resignation and replacement; removal, resignation and retirement.... I
believe the heading that covers all of them is "elections"....
XIII- Political Parties
"Chapter headings in group 13 are
political parties, political party, formation of
political parties and lawful existence of political parties in the
XIV- Provisions on a State of
"The chapter heading in group 14 is
"provisions on a state of emergency". Only one delegates group [the
Peasants--HCMacD.] suggested to
include it as a chapter heading. Since it is a heading which is vital
for the State it is to be discussed whether this should be a heading for a
Chapter.
XV- Amendment of the Constitution
"Chapter headings in group 15 include
amendment of the Constitution; amendment and interpretation of the
Constitution; safeguarding the Constitution and enactment and the safeguarding
of the Constitution.... I believe the heading that covers all of them is
"Amendment of the Constitution"....
"Chapter headings in group 16 are State
Flag, State Seal, National
Anthem and State Capital; State Emblem, State Flag, National Anthem and State Capital; and State Flag, State Seal, National Anthem, State Capital, national flower, national bird and the official
language.... I believe the heading that covers them all is "State Flag,
State Seal, National Anthem and
State Capital"....
XVII- Transitory Provisions
"Chapter headings in group 17 include
transitory provisions and provisions on transitory period.... I believe the
heading that covers them is "transitory provisions"
....
XVIII- General Provisions
"Chapter headings in group 18 are
general provisions and general....I believe the heading that covers them is
"General provisions"....
XIX- Interpretation of Terms
"The chapter heading in group 19 is
"Interpretation of terms". Only one political party suggested to include it. Some countries include this in their
constitutions but majority of the nations do not mention it separately and write
respective Articles in such a way that they can be understood without any
difficulty. This is aimed at making people fully understand the Articles
immediately without referring to the chapter on interpretation. I believe this
is good and so it is to be discussed whether there should be a separate chapter
under the heading or Articles to be written in such a way that they can be
understood fully.
XX- Index
"The only chapter heading in group 20 is
"Index." Only one delegates group suggested the heading. Certain
countries include this in their Constitutions but the majority of the nations
do not include it in theirs. They countries that include it do not open it as a
separate chapter but mention it just as there is content [sic] in the front
pages in a book on law there is index in its back pages. Therefore, it is to be
discussed whether this should be included in the Constitution when printed into
book form.
"To put my clarifications in brief, it
is to be discussed, based on the 20 above-mentioned groups, whether the
chapters should be [18 proposed group titles listed] ....
"It is also to be discussed whether
there should be a separate chapter [for groups 19 and 20]....
"When they deliberate on the chapters,
all the political parties and delegates groups have the right to discuss the
relevant chapter headings suggested in their papers whether or not they have
been tentatively chosen as headings of the chapters. Furthermore, you will have
the right to discuss, on a broader basis and to your satisfaction, points mentioned
in your suggestions and proposals. Therefore I would like to request you not to
be overzealous about your suggestions being tentatively chosen as headings of
the chapters but to discuss objectively the headings which cover in general. I
would also request you to give suggestions on the order of the chapters. You
can hold discussions on them group-wise in the meeting rooms prescribed
starting in the afternoon. There is no time limitation and you can discuss
matters to your satisfaction. I would like to urge you to present chapter
headings and the order of the chapters that come out from discussions to the National Convention Convening Work Committee." (WPD 3/4)
Panel Discussions
Mar. 3: Following U Aung Than's "clarifications," the Plenary
Session adjourned for panel discussions at the Kyaikkasan
Grounds by the various delegates groups on the chapter headings and their
order, as he suggested.
That afternoon eight categories of delegates met
[speakers listed]: political parties met, and adjourned to Mar. 8;
representatives-elect met, and adjourned to Mar. 8; nationalities met and
approved U Aung Than's recommendations; peasants met;
workers met; intelligentsia and technocrats met, and adjourned to Mar. 4; State
service personnel met, and adjourned to Mar. 4; invited delegates met, and
adjourned to Mar. 4. [several pages of photos] (WPD
3/4)
Mar. 4: Four groups of delegates met
[speakers listed]: peasants met, and approved U Aung Than's
recommendations; intelligentsia and technocrats met, and approved U Aung Than's recommendations; State service personnel met, and
adjourned to Mar. 8; invited delegates met, and adjourned to Mar. 9. (WPD 3/5)
Mar. 8: Two groups of delegates met [speakers
listed]: political parties met, and adjourned to Mar. 10; representatives-elect
met, and adjourned to Mar. 9. (WPD 3/9)
Mar. 9: Two groups of delegates met [speakers
listed]: representatives-elect met and adjourned until Mar. 10; invited
delegates met and approved U Aung Than's
recommendations. (WPD 3/10)
Mar. 10: Two groups of delegates met
[speakers listed]: political parties met, and "decided to present compiled
suggestions and proposals" to the National
Convention Work Committee;
representatives-elect met, and will consider two papers on Mar. 15. The Work
Committee met, and Chairman Chief Justice U Aung Toe said the Plenary Session
will resume when the present round of discussions is concluded. (WPD 3/ 11)
Mar. 14: The National Convention
Convening Commission met under Chairman Maj-Gen. Myo
Nyunt. (WPD 3/15)
Mar. 15: One group of delegates met [speakers
listed]: representatives-elect met, considered two proposals, "and reached
agreement on presenting them to the plenary session." (WPD 3/16)
Mar. 16: Following discussions by delegate
groups, compiled suggestions and proposals were sent to the National Convention Work Committee as follows:
State service personnel delegates: 1 paper on
Mar. 5;
Intelligentsia and technocrats delegates: 1
paper on Mar. 10;
Other invited delegates: 1 paper on March 10;
Nationalities delegates: 1 paper on Mar. 11;
Peasants delegates: 1 paper on Mar. 11;
Workers delegates: 1 paper on Mar. 11;
Representatives-elect delegates: 2 papers on
Mar. 15;
Political parties delegates: 10 papers on
Mar. 16.
"The National Convention
Work Committee is carrying out work on compiled suggestions and proposals in
accordance with the provisions under Chapter 4 of National Convention
Convening procedures." (WPD 3/17)
Mar. 23: The National Convention
Convening Work Committee met. Chairman U Aung Toe "said that each category
of delegate groups had held discussions, focussed on
the suggested chapter headings and submitted suggestions on orderly compilation
of chapter headings to the Work Committee. The Work Committee would meet with
the Panel of Chairmen on 24 March and discuss the progress of the work."
(WPD 3/24)
Mar. 25: Following the address by U Aung Toe
[below], his "clarifications" were explained to the respective
delegates groups by the Alternate Chairman and members [speakers listed]:
political parties met, and "decided to submit the paper to political
parties delegates discussions to be held on 27 for approval;"
representatives-elect met and "reached agreement on presentation of two
papers on 27 March; peasants, workers, and intelligentsia and technocrats met;
State service personnel met, and adjourned to Mar. 26; invited delegates met;
[nationalities not mentioned]. (WPD 3/ 26)
Mar. 26: Two delegate groups met [speakers
listed]: nationalities met, and will present a paper on suggestions to the Work
Committee on Mar. 27; State service personnel met, and will present a paper on
suggestions to the Work Committee on Mar. 27. The peasants, workers,
intelligentsia and technocrats, and invited delegates submitted their papers on
suggestions to the Work Committee.
Mar. 27: Two delegate groups met [speakers
listed]: political parties met and "handed over papers of compiled
proposals" for the Work Committee; representatives-elect met and handed
over two papers for the Work Committee. (WPD 3/28)
Mar. 28: The Work Committee met "to
observe papers of compiled proposals submitted by the National Convention
delegates groups." (WPD 3/29)
Mar. 29: The National Convention
Convening Commission met under Chairman Lt-Gen. Myo Nyunt and discussed the
activities of the Work Committee. (WPD 3/30)
U Aung Toe on Chapter Headings
Mar. 24: Following the delegate discussions, National Convention Convening Work Committee Chairman U Aung Toe addressed
a coordination meeting between the Committee and the Panel of Chairman with
"clarifications...regarding allocation of chapter headings suitable to be
included in Constitution."
Further Discussion of Chapter Headings
1) Three chapter headings had been proposed
unanimously by all eight delegate groups:
- Preamble;
- Judiciary;
- Elections.
For these "no more discussions were
needed."
2) Seven headings had been proposed by all
groups, with titles substantially the same as those suggested by Alternate
Chairman U Aung Than:
- Fundamental principles of the State;
- State structure;
- Tatmadaw;
- Citizens and their fundamental rights and
duties;
- Amendment of the Constitution;
- State flag, State seal, national anthem and the capital;
- General provisions.
U Aung Toe then specified reviewed seven
objections to details of U Aung Than's proposed
headings, made by a handful of delegates and concluded "that despite some
differences in wording, these seven headings had unequivocal meanings and
called on the parties and delegates groups that want to leave out or add words
in the headings suggested by the Alternate Chairman to coordinations
again so as to gain approval on the headings suggested by the Alternate
Chairman."
3) In five categories, despite no changes in
wording, some delegates had omitted them, included them under other headings,
or proposed that they not be designated as Chapter headings:
- Local government;
- State service personnel;
- Political parties;
- Provisions on state of emergency;
- Transitory provisions.
U Aung Toe discussed the variations in delegates proposals.
Local Government and State service personnel:
Some wanted these as separate chapter headings, others did not. He concluded:
"In connection with chapter headings 'local administration' and 'State
service personnel', there included a chapter heading 'administration' in the
alternate Chairman's address. 'Local government' and
'State service personnel' are, in fact, administrative matters; these topics
could be dealt with when the chapter heading 'administration' is discussed. The
respective political parties and groups, he said, are to further discuss and
submit their suggestions so that 'local government' and 'State service
personnel' will be discussed under the chapter heading 'administration'."
Political parties: The Shan Nationalities
League alone had suggested that this not be a Chapter heading; the League
"would have to discuss further the matter to be in accordance with the
points mentioned in the Alternate Chairman's address."
Provisions on the state of emergency: Six
groups and three political parties had suggested that this be included as a
chapter heading; seven parties and the representatives-elect opposed it. [Note:
Although many groups had gone along with U Aung Than's
insistence that this heading be included, only one delegation- the peasants
delegates group- had in fact suggested it- HCMacD.] U Aung Toe concluded: "This provision
is essential to provide protection for the country in times when the national sovereignty is being
endangered...as in times of foreign aggression, internal unrest, administrative
instability, natural disasters and monetary instability. It should be
understood explicitly, precisely and firmly as to who and which organizations
are to declare state of emergency and how and what actions are to be taken
under different situations. The topic is designated as one chapter heading in
constitutions of some countries, he said. Hence, political parties and groups
concerned will have to further coordinate the 'emergency provisions' to be in
accord with the Alternate Chairman's address and then give suggestions."
Transitory Provisions: Several parties and
representatives-elect suggested that this was not needed, because included in
SLORC Declaration No. 1/90, or need not be a separate chapter heading. U Aung
Toe said that this heading is included in most Constitutions, including the
4) Three of the headings proposed by the
Alternate Chairman might later be changed totally:
- Head of State;
- Legislation;
- The Executive.
On a fourth, there was unanimity:
- Judiciary.
Various parties and delegates groups had
suggested other versions for the first three headings, such as President,
Hluttaw, and Government [details given]. In all these cases, broad and general
terms were given by the Alternate Chairman so "all the political parties
and groups would be able to freely discuss and suggest in discussing the
chapter headings." U Aung Toe concluded that "Therefore, 'Head of
State', 'Legislation', and 'The Executive' as mentioned in the Alternate
Chairman's address would be tentatively chosen as headings for the three
chapters. When there emerges headings which the political parties and the
groups prefer they can deliberate upon them whether or not they should be used
in place of current headings. The Work Committee Chairman requested the
political parties and the groups to discuss further among themselves, so that
the headings mentioned in the Alternate Chairman's address could be used."
5) There were two proposals made by various
groups:
- Interpretation of terms;
- Index.
Interpretation of terms: Some suggested,
others did not mention or opposed its inclusion as a separate chapter heading.
U Aung Toe "requested the political parties and the groups to discuss
further among themselves and give their revised suggestions on 'interpretations
of terms' taking into consideration the reasons given in the alternate
chairman's address so that there would be no separate chapter under the
heading."
Index: "The alternate
Chairman...discussed whether there should not be a separate chapter for Index
but it should be compiled only when the Constitution is printed into book
form." Various parties and groups agreed. "Accordingly, there will be
no further discussion on 'Index.'"
5) There were six suggested chapter headings
included in the 367 mentioned by the Alternate Chairman, but not included in
his suggested headings, namely:
- States;
- The role of States;
- The high power of autonomous States;
- Auditor-General;
- Preservation of the Constitution;
- Interpretation of terms.
These "were covered by one of the 20
groups of headings compiled by the Panel of Chairmen. They can take up the
matter when deliberations are to be made on the headings for chapters
pertaining to them or relevant chapters and so they still have the right to
discuss the headings whether or not they have been designated as headings for
the chapters. Through discussions the groups can find out whether the headings
are significant enough to be used as headings for chapters."
6) There were 17 suggested headings not
included in the 367 mentioned in the Alternate Chairman's address. U Aung Toe
said: "The time has now passed to suggest new headings and it has now
reached the stage on discussing matters for designation of headings for the
chapters. If we go back to the stage we have already passed, it will be very
difficult for us to go ahead.... So I would like to tell the political parties
and groups to discuss further among themselves and take up the matters only
when deliberations are being made on the headings."
Order of Chapters
U Aung Toe then "spoke on the order of
chapters. "All the orders of the chapter headings
suggested by political parties and various groups will be presented in the
tables to be distributed at the end of the meeting for them to study.
Next Steps
U Aung Toe called on the delegates to work
with patience for the benefit of the State and people. They should respect each
others' opinions and be forgiving. Majorities should not take the upper hand,
but minorities should not stick to their views but should respect those of the
majority and make compromises.
He noted that there were differences of
opinion between different parties and delegate groups, and "that the National Convention Convening Work Committee would take necessary steps, in
accordance with para 29(1) of "The Procedures on
Convening of National Convention" issued by the National Convention Convening Commission, to settle the differences as far
as possible."
In accordance with this provision, the
Committee had met with the Panel of Chairmen "to settle the
differences." He requested the Panel "to get the opinions of the
groups concerned on his clarifications and send revised papers on their
suggestions and proposals to the...Work Committee by 27 March."
He announced that the following would be
distributed, "to aid the Panel of Chairman in giving their clarification
to their respective groups:
- His clarifications;
- Table 1 which shows the suggestions given
by the various groups on the headings of the chapters and
- Table 2 which shows the comparisons of
orders of suggested headings.
Members of the Panel of Chairmen
"presented discussions on clarifications made by Chairman U Aung Toe."
(WPD 3/24)