BURMA PRESS SUMMARY
From the Rangoon "Working People's Daily/New Light of Myanmar"
Compiled for the Burma Studies Group by Hugh C. MacDougall
Published by the Center for East Asian and Pacific Studies, University of
Illinois
Volume VII, No. 4, April 1993
NATIONAL CONVENTION
Papers on Chapter Headings
U Aung Toe Clarifies
U Aung Toe Clarifies Again
Chairman Adjourns to June 7
Delegate Ousted as Terrorist
Table of Chapter Headings
Vigilance Urged
NATIONAL CONVENTION
Papers
on Chapter Headings
Apr. 3: A National Convention
Plenary Session convened at
National League for Democracy Hluttaw Representative-elect U Lwin:
Legislature: "He said [the Hluttaw] is
an organization elected by the public that wields sovereignty and that has to
exercise, in accordance with the law, the three main branches of sovereignty --
legislative, executive, and judiciary...." If 'Legislature' is used
instead of 'Hluttaw' "it may convey the sense that it is an organization
that is concerned only with legislation.... The Hluttaw is responsible for the
establishment of a democratic state, the flourishing of a genuine multiparty
democracy system and the further burgeoning of the noblest and worthiest of the
worldly values such as justice, liberty and equality." Hence, as in past
Constitutions, 'Hluttaw' should be used instead of 'Legislature'.
The Executive: "He said the Government
that has to be formed by the Hluttaw elected by the public in accordance with
democratic practices, is to exercise the executive power of the State, in other
words, it is the second highest authoritative organization next to the Hluttaw.
Hence, he suggested a more accentuated and elegant term 'the Government' should
be used."
Provisions on State of
Transitory Provisions: "He said the NLD has not used the words 'not necessary' in its
previous submissions of proposals on the heading...."
"He emphasized the importance of
establishing a new democratic state and said a new democratic state means a
state ruled by a government elected by the public for public benefit."
Shan Nationalities League for Democracy General
Secretary U Sai Aik Poung:
Role of Member States of the
Head of State: "Everybody knows that
President is the highest position in the State," and should be used for
the "highest position in the State...and only one position...." The
newspapers have referred to the members of the SLORC as "Head of State."
Legislature and Executive: He recommended
'Pyidaungsu Hluttaw' and 'Pyidaungsu Government'. [Note: Pyidaungsu is Burmese
for
State of
National Unity Party delegate U Tun
Yi, after some discussion, approved the Chapter headings proposed by the
Alternate Chairman, though suggesting "Amendment of the State
Constitution", to make clear that the section refers to the national constitution and not those of
the Union states. He presented 16 proposed Chapter headings.
Union Pa-Oh National Organization Delegate U Hkun Sein Win said that in order for Myanmar to practice a
multiparty democracy system, "activities concerning democracy
administration should be invariably implemented in villages, wards, townships
and districts; Regional Administrative should be put under the main executive
chapter heading to enable to basically expedite the democratic system in Myanmar."
In addition, Public Service Personnel "should be included in the executive
chapter heading instead of designated as a separate chapter heading."
Shan State Kokang
Democratic Party Joint General Secretary U T Daung Wai:
Union States: "All the national races desire for the Union
States to be prescribed as a chapter heading." The
President: "The heading should not be
State Leader [sic] but the President as this would be more significant and
comprehensive."
The Hluttaws: This should be the heading,
rather than Legislature, because "it includes Union Hluttaw, Hluttaw of
the States and autonomous regions and leading bodies."
Union Government: This is preferable to
Government, and "in keeping [with] the
Mro or Khami National Solidarity Organization
General Secretary U Maung Pain (a) U Khin Maung Thein
approved the idea of a Provisions on a State Emergency
heading, and called for "ensuring the benefits of national groups."
Lahu National
Development Party delegate U Yaw Aye Hla approved the
suggested Chapter headings, save that Head of State should become President,
Legislature become Union Hluttaw, and Executive become Union Government. There
should also be a Chapter headed Union States.
Union Kayin League
delegate U Saw Mahn Aung said that the Kayin affairs department should be under the Union
Government heading.
Kokang Democracy and Unity Party delegate U Khin Maung Aye
said that local government and State employees can properly be included under
the heading Executive.
Wa National
Development Party delegate U Nyi Pa Loke suggested that Legislature become Union Parliament and
Executive become Union Government. (WPD 4/4)
Representatives-elect delegate [not named]
from the National League for
Democracy, representing 87 NLD Pyithu Hluttaw representatives and two
independents (from Bahann-1 and Kya-in-Seikkyi-1) presented their combined
proposals. He noted that the Chairman of the Work Committee had said on Mar. 24
that political parties can suggest substitutions for current Chapter headings.
In this connection he said that:
"The National League for Democracy had also discussed that the
Constitution is as vital to the State as life itself. Therefore discussions on
chapter headings would be made objectively. As all will be engaged in the
construction of a new democratic state, all should begin from now in practising according to the democratic principles and at
the same time not to lose sight of the 12 pillars of democracy. The pillars are
-
(1) the sovereign
power emanates from the people
(2) human dignity is
not to be undermined
(3) the government
should be based on the aspirations of the people
(4) majority or the
winning political organization is to govern
(5) respecting the
rights of the minority
(6) respecting the
basic human rights
(7) holding free and
fair elections
(8) all should be
equal before the law
(9) management work
should be carried out according to law
(10) Government should be restricted by the
Constitution
(11) all benefits
should be taken into consideration in political, economic and social matters
(12) to honour such matters as having patience, working to bring
about benefits, cooperating and understanding one another."
He went on to say that the delegates had
agreed, entirely or in principle, to 11 of the proposed chapter headings, and
no further discussion was needed. Local government is a needed heading, but
since it is to be included under Administration no further discussion is needed
on it; it is the same with State Service Personnel. However, he proposed again
that Political Parties be a chapter heading. He agreed that Interpretation was
not needed, since "respective articles could be written in such a way that
they can be fully understood and cannot be controversial in the future."
Representatives-elect delegate U Tuang Kho Thang
(Tamu) spoke on behalf of delegates from the Shan
Nationalities League for Democracy, National
Unity Party, Union Pa-oh National
Organization, Shan State Kokang Democratic Party, Mro or Khami National Solidarity Organizations and
5 independents (Damawhso-1, Thatlang, Namhsan, Tamu, and Ywangan). The heading Legislature should be changed to
Pyidaungsu Hluttaw, since group had "stated that the state to be
established is made up of different national
races residing together and the Union came into being following the signing of
the historic Panglong Agreement, that the first
objective of the National Convention being non-disintegration of
the Union reflects that there should be a Union, and the that the group was of
the opinion that the state to be established should be a Union and there was no
other way." Moreover, the "'Hluttaw' is concerned not only with law
making but also with sovereign powers of the State on behalf of the people.
Hence the term 'Hluttaw' will be more appropriate that 'legislature'. 16
parties and groups had taken this position.
Nationalities delegate U Saw Reh Mi approved the 16 proposed headings.
Peasants delegate U Sai
San Tun approved the 16 proposed headings.
Workers delegate Daw Aye Kyi approved the 16
proposed headings.
Intelligentsia and technocrats delegate Dr. Tha Hla Shwe approved the 16
proposed headings.
Public service personnel delegate U San Aung
approved the 16 proposed headings.
Other invited delegates delegate U Hsay Htin approved the 16
proposed headings. (WPD 4/5)
U Aung Toe Clarifies
Apr. 4: The Plenary Session opened with 603
delegates present. National Convention Work Committee Chairman
Chief Justice U Aung Toe, addressed the delegates
"to give clarifications on the proposals and suggestions submitted by the
delegate troups on the allocation of chapter
headings...." He reviewed these at considerable length [text published],
concluding:
"The summary of my clarifications are
- of the Preamble, 15 chapter headings
which should be allocated and three chapter headings which should not be
allocated; the Preamble, 10 chapter headings which should be allocated and
three which should not be allocated as I have clarified which all the political
parties and groups have unanimously suggested to do so. Hence, there are only
five chapter headings left on which there is difference of opinion. They are -
'The Head of State'; 'The Legislature'; 'Executive'; 'Provisions on the state
of emergency' and 'Provisions for the period of transition'. There are only
three political parties and one delegates group which have a difference of
opinion in this matter. They are the National
League for Democracy; Shan Nationalities League for Democracy; Shan State Kokang Democratic Party, and the representatives-elect gorup.... It is to be suggested that time should not be
wasted and there should be some kind of arrangement to complete the discussions
at an appropriate time. At the present situation it would take long to reach
the state of a draft constitution. The public is also supporting the National Convention and is waiting in great expectation and raising a lot
of questions such as what are being done? and Who all
are discussing? and so on. As for me I do not wish the
National Convention to be discredited....
"National
League for Democracy, Shan Nationalities League for Democracy and Shan State Kokang Democratic Party included in the Political Parties
Delegate group and Representatives-elect Delegate group can revise their
proposals on the "Head of State", "Legislature,"
"Executive", "Provisions on State of Emergency" and
"Provisions for the period of transition" which I have explained
earlier, based on suggestions of the members of the Panel of Chairmen and the
conditions arising from the process of designating chapter headings. They are
requested to reply in writing to the National
Convention Work Committee how
changes, if any, should be made and no changes would be made if there is none.
The Plenary Session will be held once all the replies are received. Thank you
all."
The Alternate Chairman then announced that
the Plenary Session would resume after receiving the complete proposal papers
of these groups, and he would inform the delegates in advance at least one day.
The Plenary Session closed at
U Aung Toe Clarifies Again
Apr. 7: The Plenary Session of the National Convention convened again with 652 delegates present. Work Committee
Chairman Chief Justice U Aung Toe again gave a lengthy clarification of the
situation, reviewing the discussion of proposed Chapter headings in detail
[full text published].
He noted that as of the last session, full
agreement had been reached on ten of fifteen Chapter headings: Preamble;
Fundamental principles of the State; State structure; The Judiciary; The
Tatmadaw; Citizens and their fundamental rights and responsibilities; Election;
Political parties; Amendment to the Constitution; State Flag, State Emblem
{Seal}, National Anthem, and
State Capital; General provisions. There was still disagreement on five
headings: Head of State; Legislature; Executive; Emergency provisions; and
Transitory Provisions. This disagreement came from only three Political Parties
(National League for Democracy;
Shan Nationalities League for Democracy; Shan State Kokang
Democratic Party), and the Representatives-elect delegates group (which had
submitted two separate papers).
These Parties and the Representatives-elect "were
requested that they could either make further discussions regarding the
proposals, and if they wish to make modifications to their proposals to state
what kind of modification they would like to make and if they did not wish to
make any modification to state that they did not wish to do so and send it to
the National Convention Convening Work Committee.
On Apr. 4-5, the three Political Parties
separately wrote back that they had no reason to change their original
proposals. The Representatives-elect responded in three different forms: (1)
The National League for
Democracy representatives-elect and two independents (for Kya-in-Seikkyi
and Bahann-1) replied that they had no reason to change their original
proposals. The Shan Nationalities League for Democracy, Union Pa-oh National Organization, Shan State Kokang Democratic Party, and Mro
or Khami National
Solidarity Organization representatives-elect, and three independents (for Thangtlan, Tamu, and Ywangan) also replied that they did not wish to modify
their proposals. The National
Unity Party representatives-elect replied separately that they now were now
"in full agreement with the chapter headings which were stated in the
address made by the Working Committee Chairman." Two independents (for
Dimawhso-1 and Namhsan) were on leave and are thus
held to continue their original proposals.
U Aung Toe then reviewed in detail the
varying proposals of these groups. The Work Committee will continue to work for
allocation of chapter headings "by facilitating appropriate
discussions." This work will be "based on the 15 chapter headings
which have been proposed," and are
"designated merely to expedite discussions of one chapter heading after
another." They will be comprehensively discussed, and "if as a result
of such comprehensive discussions a specific expression or terminology becomes
obviously suitable as a heading for specific chapter then it will become the
chapter heading for the particular chapter on unanimous agreement."
The terms proposed (Head of State,
Legislature, Administration) "are merely very
broad expressions used...so that the semantic constraints of specific
terminology may be avoided before wide-ranging discussions are held.... All
delegate groups concerned are free to make their own specific proposals with
most specific terminology. For instance if the broad expression used is Head of
State, the political parties delegates group may want to use Union President or
Union Chairman or else Naing-Ngan Okshaung or even Adipati as they may wish according to their desire."
Similarly, they may wish to replace Legislature with "Hluttaw or Pyithu
Hluttaw, Taingyintha Hluttaw or Amyotha
Hluttaw...."
"The very first chapter heading which is
to be discussed is fundamental principles of the State. When this particular
chapter and the principles involved are discussed by the political parties and
the delegate groups, the problem of specific terminology will emerge invariably
[sic] of its own accord and the answer too will eventually emerge.... I urge
one and all of you to involve yourselves in adequate studies so that you will
be able to discuss all matters comprehensively...." (WPD 4/8)
Chairman Adjourns to June 7
Apr. 7: Following the clarifications by U
Aung Toe, National Convention Convening Commission
Chairman Lt-Gen. Myo Nyunt adjourned the Convention until
Esteemed delegates
The National
Convention commenced on
The esteemed delegates to the National Convention have been residing here at the Kyaikkasan
Grounds in friendship and harmony and participating in the discussions since
the cool of the winter and today we have arrived at the beginning of summer;
before long the Thingyan Water Festival is to be held
and the old year is soon to give way to the new.
Having known about the energy and initiative
taken by the esteemed delegates to arrive at the suitable chapter headings, I feel
very grateful.
At this point of time we have procured the
chapter headings which are in the closest harmony as possible with the
proposals and the suggestions which have been made by the delegates. All that
remains to be done is for proposals and suggestions to be made so that the
fundamental principles may be laid down according to the respective chapter.
I have noticed frequent references made by
some of the esteemed delegates to Paragraph 20 of State Law and Order
Restoration Council Declaration No 1/90, dated
What is noticeable in the references made to
the State Law and Order Restoration Council Declaration No 1/90 is that there
is a tendency towards selecting quotations of individual paragraphs to suit
one's own purpose. Actually, what is most important is that Declaration 1/90
should be taken as a whole so that overall essence will be gained. What is
stated in Paragraph 18 is:
"It can be seen from the statements
issued that the desire of the majority of the political parties which contested
in the Multi-Party Democracy General Election is to draw up a new Constitution.
It will be seen that when the Constitution of 1947 was drawn up, matters
concerning the national races
were discussed among only the Shan, Kachin and Chin
nationals at the Panglong Conference and that they
were not discussed with the Mon and Rakhine
nationals. Today, in Myanmar Naing-Ngan there are many national races who have awakened politically and it is obvious
that it is especially necessary to draw up a firm Constitution after soliciting
their wishes and views."
Everyone knows that this is the reason why we
are procuring the proposals and suggestions of the national races at this National
Convention.
The National
Convention has today reached the
stage where the representatives-elect, delegates of the various poltical parties, delegates of the national races, delegates of the peasants, delegates of the
workers, delegates of the intelligentsia and technocrats, State service
personnel as well as invited delegates are all able to gather together and
discuss matters in harmony and cordiality making suggestions and proposals.
The fact that delegates from all classes and
all strata are able to join in the discussions and submit their proposals and
suggestions together with the representatives-elect at this National Convention symbolizes the successful implementation of Declaration
No 1/90 and does not in any way symbolize any kind of opposition to its stand.
At such a time when progress is being
achieved in the political sphere the principal need to engage in all activities
with full concentration upon arriving at the fundamental principles for the
framing of the Constitution is the most important task at hand.
The most basic and principal national task at hand has been laid
upon the shoulders of the esteemed delegates including us.
Esteemed delegates
The importance of the National Convention
in which the esteemed delegates are today deeply involved was underscored by
State Law and Order Restoration Council Chairman General Than
Shwe on the occasion of the 48th Anniversary of the Armed Forces Day.
The State Law and Order Restoration Council
Chairman General Than Shwe said:
"As explained earlier our Tatmadaw will
systematically retransfer State power to the people to whom it initially
belongs as the situation of the country allows.
That is why the National Convention
is being held for the emergence of a genuine multi-party democracy, for the
development of eternal principles of justice, liberty and equaity
and for prevalence of firm principles which will guarantee Our Three Main National Causes which are
'Non-disintegration of the Union; Non-disintegration of National Unity; and Consolidation and Perpetuation of
Sovereignty', which we hold uppermost.
The National
Convention is to coordinate and
lay down the basic principles for the writing of the State Constitution which
will see to the flourishing of the essence just mentioned."
That it why it is incumbent upon all of us to
fulfil the Six Objectives of the National Convention to the most of our ability as stated in the State Law
and Order Restoration Council Order No 13/92.
As all the esteemed delegates are aware, the National Convention is endowed with meaningful essence; that is why all of
us here in considering all matters have to do so in close consultations and
harmony.
We have also avoided any inclination or
intent to encourage quick decision-making on matters which we believe to be
good or correct. With the greatest of respect and patience, we have taken all
the suggestions and proposals which the esteemed delegates have found it proper
to submit. However, when such patience and respect is shown and sufficient time
given for the discussions to take place, there are complaints that it is taking
too long; some are inclined to say that there is too much procrastination and
wasting of time.
But then, when a specific date is fixed for
the conclusion of the work, then there are complaints that there has not been
sufficient opportunity to discuss matters at length and to their satisfaction.
There are criticisms that there is too little time and that there are
restrictions on the time given. As for us, if it is a matter for the welfare of
the nation and the people, we will carry on with what needs to be done no
matter who finds fault or whoever tries to criticize.
Now too, in the steps being taken for the
designation of the chapter headings there are some who have proposed that
instead of using the expression 'Legislature", "Hluttaw' should be
used; and there are others who feel that the former expression is more
suitable. On the same way there are differences of opinion regarding the use of
the expression 'Administration' and the expression 'Government'. So also there
are likes and dislikes between the use of the
expression 'Head of State' and the expression 'President'.
The heading 'State structure' concerns the
way in which a State is formed and as such, all the esteemed delegates are
aware that matters concerning the various states will also have to be included
in the discussions. That is why we feel that we and the esteemed delegates will
be of one mind in considering that unnecessary terminological constraints
should not be involved so as not to cause difficulties in the discussions.
The main importance is for us to gain the
best of essence. Hence, in the forthcoming discussions to be made for laying
down fundamental principles, it would be essential to see that whatever is
considered and whatever is discussed is essentially good in essence. If the
essence is the very best obtainable and if the terminology used is the best
that can be thought of, then everyone would be happy. I wish to candidly
declare that it would be inappropriate to waste too much time on choosing a
good name or a good form of terminology and spend too little time on the
goodness of the essence to be gained.
We have by now obtained 15 chapters on which
further discussions and further proposals are to be made at this National Convention. As everyone here realizes, each of these chapter
headings is possessed of deep meaning and essence.
Hence, in order to enable the esteemed
delegates to carry out appropriate studies and research regarding the first
chapter heading, that of the fundamental principles of the State, and the
chapter headings from 2 to 15, the National
Convention shall be adjourned.
Originally, we planned for such an
adjournment to take place only after the completion of discussions regarding one
or two chapter headings and for the adjournment to take place at the peak of
the summer heat so that the esteemed delegates can rest. However, as the
esteemed delegates are well able to experience, the heat of the
Esteemed delegates
Prior to the Plenary Session of 3-4-93 the
chairman of the workers delegates to the National Convention
suggested the adjournment of the National
Convention for summer.
Similarly, the nationalities and many other individual representatives have
also proposed recess for summer. This being the case, we have decided to
adjourn the National Convention from 8 April 1993, to 6
June 1993.
I conclude hereby wishing all the esteemed
delegates the best of regards while expressing my wish that you would all meet
again together in good health and joy when the National Convention
reconvenes again on 7 June 1993. I wish you all well by saying "Nayon La Hma Hson
Kya Mai".
Following the speech, delegates left their
hostels in the evening to return home. They were given daily allowances and
travel allowances. (WPD 4/8)
Delegate Ousted as Terrorist
Apr. 7: The authorities announced that U Marl
Ko Ban, independent
representative-elect for Pekhon-1 and a National
Convention delegate, has been cancelled
from the list of delegates. He attended the Convention from Jan 9-11, and returned home with the other
delegates, but did not return when the Convention
reconvened on Feb. 1.
"He reportedly left Pekhon
by bus on 29 January, 1993, to attend the National Convention
and got down at Mobye. On 30 January, he arrived at
his sister Daw Pee Set's house in Lweyin Village in Pekhon Township and met with Secretary of Village Law and
Order Restoration Council U Pee Yo.
"He told U Pee Yo
that he made anti-governmental talks when he was engaged in a chat with other
delegates at the hostel on 9 February 1993, after attending the National Convention. He also told him that he heard twelve delegates were
arrested for talking anti-government speeches and that he would be arrested if
he went back to attend the National
Convention. Saying he was going
to join the Kayin terrorist group, he left Lweyin Village round about noon taking the route to the
west.
"According to the BBC's report which was
broadcast at 20:15 hours on 6 April, 1993, regarding U Marl Ko Ban, it is noted that he was with the Kayin terrorists and that he made fabricated accounts of
the National Convention according to what was liked
by the terrorists and the BBC broadcast his false allegations.
"The authorities concerned explicitly
declared that there had never been the case like arresting twelve delegates. It
is common knowledge that arrangements are being made for holding free and open
discussions at the National Convention and that all undertakings
concerning the National Convention is
made known to the masses of the people by publishing news about the National Convention." (WPD 4/8)
Table of Chapter Headings
Apr. 8: A table showing the Preamble and
Chapter Headings, as approved or opposed (or proposed to be modified) by the
eight groups of delegates:
(1)-(10) Political
Parties (specified);
(11)-(14)
Representatives-elect (split into 4 sub-groups:
(a) NLD + 2
Independents;
(b) 3 NUP delegates;
(c) delegates from
four other parties + 3 Independents;
(d) 2 Independents
(15) Nationalities
(16) Peasantry
(17) Workers
(18) Intelligentsia and technocrats
(19) State service personnel
(20) Other invited delegates
Total: 20 groups
Chapter Headings Support
1. Preamble 20
2. Fundamental principles of State 20
3. State Structure 20
--Section of Union Member States
(proposed additional
heading by Shan Nationalities League for Democracy - SNLD) 1
--Sector of State
(proposed additional
heading by Shan State Kokang Democratic Party -
SSKDP) 1
--High Authority of autonomous region and its
rights
(proposed additional
heading by SSKDP) 1
--States
(proposed additional
heading by Reps-elect subgroups c, d) 2
4. Head of State 14
--President
(alternative
proposed by National League for
Democracy - NLD, SNLD, SSKDP, Reps-elect subgroups a,c,d)
6
5. Legislature 14
--Hluttaw
(alternative
proposed by NLD, Reps-elect subgroup a) 2
--Union Hluttaw
(alternative
proposed by SNLD, Reps-elect subgroups c,d) 3
--Hluttaws (Union Hluttaw + Hluttaws of the
States + departments)
(alternative
proposed by SSKDP) 1
6. Executive 14
--Government
(alternative
proposed by NLD, Reps-elect subgroup a) 2
--Union Government
(alternative
proposed by SNLD, Reps-elect subgroups c,d) 3
--Pyidaungsu Asoya Aphwe
(alternative
proposed by SSKDP) 1
7. Judiciary 20
8. Tatmadaw 20
9. Citizens and their rights and duties 20
10. Election 20
11. Political Parties 20
12. Provisions on Emergency Measures 16
--(opposed as Chapter heading by NLD, SNLD, SSKDP,
Reps-elect subgroup a) 4
13. Constitutional Amendment 20
14. State Flag, State Emblem, National Anthem and the State Capital
20
15. Transitory provisions 18
--(opposed as Chapter heading by NLD, Reps-elect subgroup
a) 2
16. General provisions 20
--. Index (15 opposed; 5 no opinion;
no further discussion needed) 0
(WPD 4/10)
Vigilance Urged
Apr. 12: Speaking at the end of a two-week
course for regional and local LORC members, SLORC Secretary-1 Maj-Gen. Khin Nyunt, said that
"Agreement on 15 chapter headings suitable to be included in the
Constitution has been reached, and the National
Convention was adjourned up to 6
June to avoid the head of summer.... As all know, he said, there are subversive
acts to disrupt the National Convention and to split the nation into
bits. The neo-colonialists, he said, who having failed in their attempts to
enable their followers to gain power, are now trying in every way to break up
the unity and solidarity of all nationalities and to break up the Union.
Keeping vigilance against their attempts, the regional authorities would have
to guide the people to know and guard against these plans, he pointed
out...." (WPD 4/13)