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 Ahlon Road, presided over by Alternate Chairman U Aung Than (category of intelligentsia and technocrats). U Aung Than "gave clarification regarding alloction of chapter headings suitable to be included in Constitution." He listed the number of headings suggested by each political party and group of delegates, and combined them into twenty groups; then for each group he listed the headings suggested by the various parties and delegate groups, noted their similarities, proposed an inclusive Chapter Heading covering all of them, cited the groups that had suggested this particular Heading, and concluded in the case of Nos. 1-18 that "it is to be discussed whether this should be the heading of a chapter." Groups 19-20 (interpretation and index) he felt to be unnecessary. [Partial text subheadings, based on Chapter Headings chosen by U Aung Than, have been inserted by HCMacD.]:

"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"....


III- State Structure

"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"....


XI- State Service Personnel

"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 Union.... I believe the heading that covers all of them is "political parties"....


XIV- Provisions on a State of
Emergency

"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"....


XVI- State Flag, State Seal, National Anthem and State Capital

"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 Myanmar 1947 Constitution. "Only then [sic] would there be specific details as to what are to be done and to be learned at the time of a transitory period. He said that political parties and groups concerned were to further coordinate the matter so that it could be designated as stated in the Alternate Chairman's address."

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)