BURMA PRESS SUMMARY
From the Rangoon "The 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. 8, August 1993
NATIONAL
CONVENTION
Delegate Discussions
Plenary Session Proceedings
Plenary Session Proposal Papers
SNLD Representatives-elect and Party
NUP Representatives-elect and Party
UPNO & SSKDP Representatives-elect
MKNSO Representatives-elect
NLD Representatives-elect and Party
Nationalities Delegates
An Independent Representative-elect
Peasant Delegates
Worker Delegates
Intellectual & Intelligentsia Delegates
State Service Personnel Delegates
Other Invited Delegates
UPNO Party
SSKDP Party
MKNSO Party
LNDP Party
UKL Party
KDUP Party
WNDP Party
NATIONAL
CONVENTION
Delegate
Discussions
June 21: Six groups met: Political Parties,
Representatives-elect (adjourned to June 24), National Races (adjourned to June
22), Peasants (adjourned to June 22), Workers, Other
Invited Delegates (adjourned to June 24). (NLM 6/22)
Plenary
Session Proceedings
Aug. 9: The Plenary Session of the National
Convention convened at the Central Meeting Hall in the President's Residence
Compound on
National Convention Convening Commission
Chairman and members, Work Committee Chairmen and members and delegates,
First I extend my greetings and best wishes
for the spiritual and physical well-being of Commission and Work Committee
personnel and all delegates present at this plenary session of the National
Convention.
Today at this plenary session of the National
Convention, delegate groups will be submitting suggestions compiled in accord
with their own wishes in connexion with the prescribing of principles to form
basis in formulating State fundamental principles that will constitute a
chapter in the State Constitution.
It is found that political parties and
Convention delegate groups have held discussions on their wishes and attitudes
thoroughly and openly party-wise and group-wise taking nearly two months in
order to get State fundamental principles to be incorporated into the State
Constitution that is as important as life itself for the State and the
citizens.
Convention delegates,
The State fundamental principles to be incorporated
into the State Constitutions are guidelines for the chapter-wise headings. I
would like to express great pleasure, pride and appreciation to see Convention
delegates energetically discussing matters and giving suggestions with patience
and interest to the best of their ability in their respective groups forgoing
their personal affairs and giving priority to the tasks entrusted by the
National Convention, for the cause of prescribing principles to form basis in
formulating State fundamental principles of such importance.
At this plenary session of the National
Convention, political parties and delegate groups will be presenting, fully
with clarification of reasons, in the presence of all Convention delegates, the
principles to form basis in formulating State fundamental principles, which
they have got after discussions and co-ordinations within their respective
groups.
These presentations are most important and
they can also come under related discussion when the time comes for discussions
on chapter-wise headings at a later stage and so in conclusion I would like to
urge all Convention delegates to hear them out with full interest and
attention.
Proposals were presented by: Shan
Nationalities League for Democracy (SNLD) (representatives-elect and Party),
National Unity Party (NUP) (representatives-elect and party), a joint proposal
from the representatives-elect of the Union Pa-O National Organization (UPNO)
and Shan State Kokang Democratic Party (SSKDP), and Mro or Khami National
Solidarity Organization (MKNSO) (representatives-elect) (see below). (NLM 8/10)
Aug. 10: The Plenary Session met with 666 out
of 698 delegates present. Three proposals were presented: Representatives-elect
from the National League for Democracy, the Nationalities Delegates Group, and an Independent Representative-elect (see below). (NLM 8/11)
Aug. 11: The Plenary Session met with 664 out
of 698 delegates present. Three proposals were presented: Peasant Delegates
Group, Worker Delegates Group, and Intellectual and Intelligentsia Delegates
Group (see below). (NLM 8/12)
Aug. 12: The Plenary Session met with 663 out
of 698 delegates present. One proposal was presented: State Service Personnel
Delegates Group (see below). (NLM 8/13)
Aug. 13: The Plenary Session met with 664 out
of 698 delegates present. Five proposals were presented: Other Invited
Delegates Group, Shan Nationalities League for Democracy (same proposal as read
on Aug. 9), National Unity Party (same proposal as read on Aug. 9), Union Pa-Oh
National Organization, Shan State Kokang Democratic Party, and Mro or Khami
National Solidarity Organization (see below). (NLM 8/14)
Aug. 14: The Plenary Session met with 665 out
of 698 delegates present. Five proposals were presented: Lahu National
Development Party, Union Kayin League, Kokang Democracy and Unity Party, Wa
National Development Party, and National League for Democracy (same proposal as
read on Aug. 10) (see below). As all the proposals have been presented, the
Panel of Chairmen will study the proposals and make recommendations to the
Plenary Session, which will probably be resumed at
Aug. 17: The Panel of Chairman on Aug. 16
began scrutinizing the proposal papers submitted by the various delegate
groups, "to be able to submit a condensed overall view to the Plenary
Session of the National Convention for it to prescribe the principles which
will form the basis in writing the new Constitution." (NLM 8/18)
Aug. 24: The Work Committee held its 14th
meeting, and was told that the delegate groups had submitted 22 proposal papers
totalling over 900 pages. The Panel of Alternate Chairman was scrutinizing them
and would compile a "condensed overall view of the Panel of Chairman"
to be submitted to the Plenary Session. When the paper is completed, "a
specific date is to be fixed for re-convening the National Convention Plenary
Session for submission of the paper." (NLM 8/25)
Aug. 30: The National Convention Plenary
Session will reconvene September 6. (NLM 8/31)
Plenary Session Proposal Papers
Aug. 9: The following proposal proposals were
read to the Plenary Session [full texts as published in NLM]:
SNLD
Representatives-elect and Party: Shan Nationalities League for Democracy;. A 35-page proposal presented by U Hkun Tun Oo (Hsipaw-1):
First of all I would like to express my high
regard for the Chairman and members of the Panel of Chairmen and the delegates
to the National Convention. I also extend best wishes for your physical and
spiritual well-being. I would also like to express my pleasure and honour at
having the opportunity of discussion and speaking on behalf of Shan
Nationalities League for Democracy. I am U Hkun Tun Oo of No 1 Constituency,
Hsipaw township,
First I would like to say beforehand that
presentations and discussions put forward by the Shan Nationalities League for
Democracy are free of bias for any party, any race, any region, any individual
and any organization and aimed at promoting the interests of the State and the
people, primarily for stability, strength, progress and peace of the Pyidaungsu
Naing-Ngan-Daw.
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx [two rows of xxx in NLM; representing an omission
from the text]
We understand that national unity is
essential for non-disintegration of the
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
To state succinctly, we utterly do not
consent to changing the use of the term "state". Moreover we utterly
do not consent to downgrading of states as regions.
Constituting the Pyidaungsu with member
states should be in accord with the objective "For further burgeoning of
the eternal principles of justice, liberty and equality", and another
objective "For a genuine multiparty democracy system to flourish".
There must be right to freely form political
parties if we are to practise multi-party democracy. It should not be
controlled and limited by law. If we are to practise a genuine multi-party
democracy, we consider that parties should not be placed under constraints.
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
In constituting the Pyindaungsu, how will
powers be shared between the Pyidaungsu Government (Central Government) and the
national state governments? We, Shan Nationalities League for Democracy, would
like to suggest that powers to be exercised by Pyidaungsu Government (Central
Government) be succinctly prescribed in the Constitution and a basic principle
be laid down for enabling state governments to freely exercise the remaining
powers. Concerning this, we shall present clearer details when we come to
respective chapter-wise headings.
x x x
Our party is in favour of 'parliamentary
executive system'. The fact that 'the Prime Minister is under constant anxiety,
as he may be deposed at any time through a no-confidence motion' is still
better than the chief executive becoming a dictator. If a presidential
executive system is established, there must be private newspapers, broadcasting
stations and freedom of the Press and there must not be such a thing as a
censor board. Moreover, there have to be strong democratic practices. If such a
situation is not brought about, who will guarantee the President will always
work solely for the country?
One can recall the case of men from a
President's party breaking into an opposition party office. It became exposed
and extensively reported in the media, so much so that all attempts at coverup
failed and the case came before an upright district magistrate, with the
consequence that the President finally had to resign from office.
x x x
All that has been presented
with goodwill and sincerity with aims at unity and progress of the country.
We are making an honest presentation, within
the framework of law, of the truth as we have always believed in, not to cause
disintegration of the Pyidaungsu, not to break up national solidarity, but for
stability and perpetuity of the Pyidaungsu and for building national
solidarity.
In conclusion, we would like to propose the
following points which should be incorporated as fundamental principles in the
Constitution to be written:
* For this nation to be an independent and sovereign
nation;
* To state that it is 'the genuine Pyidaungsu
Naing-Ngan that emerged from signing the historic Panglong Agreement';
* To state that 'this Pyidaungsu Naing-Ngan
is constituted, equally incorporating national states namely Kachin, Kayah, Kayin,
Chin, Mon, Bamar, Rakhine and Shan';
* To state that the sovereign powers of the
State reside in the citizens;
* All sovereign powers to be drawn from the
people and exercised on behalf of the people, by or with the sanction of
functional bodies and officers of the Pyidaungsu Naing-Ngan (or) Pyidaungsu
members constituted and appointed under this Constitution;
* For only people's representatives elected
by the people to have the right to decide by vote in matters concerning three
sovereign powers of the State - legislative, executive and judicial;
* For service organizations and outside
experts and persons to have a right to present their opinions before Pyidaungsu
Hluttaw committees;
* To be a Constitution that primarily aims at
national solidarity;
* To constitute a Pyidaungsu incorporating
national states so as to be a genuine Pyidaungsu that is based on and that lays
stress on equality;
* To practise a free multi-party democracy
system;
* To hold fair elections in conformity with
democratic practices;
* To provide for the right to recall one's
elected representatives at different levels in accord with the law;
* For every citizen, regardless of race,
religion, status or sex, to be equal before the law and to have equal
opportunities;
* For every citizen to be able to enjoy
benefits commensurate with one's own physical or intellectual efforts and
diligence;
* For every citizen to have the right of
inheritance according to law;
* To constitute the Pyidaungsu in consonance
with three eternal principles of justice, liberty and equality;
* To retain the names of the states and their
territorial demarcations as they are;
* Not to downgrade states to the status of
regions;
* To constitute a bicameral Hluttaw with
people's representatives elected by the people;
* To invest the Pyidaungsu Government
(Central Government) with power prescribed by the Constitution and delegate
remaining powers to national state governments;
* To practise a parliamentary executive
headed by a Prime Minister and not to practise an executive headed by the
President;
* To conduct administration of justice
through formation of Taya Hluttaw Chok and Taya Hluttaw Yons in national
states;
* For every national race to have the right
to act freely in connexion with its literature, culture and customs without any
prohibition, hindrance, obstruction, interference, and domination;
* To provide for freedom of publication and
freedom of expression;
* For every citizen to have opportunity to
undergo military training;
* To exercise supervision to ensure adherence
in practice to provisions of the Constitution and enable enjoyment of such
provisions;
* To have provisions that protect classes and
strata of people such as workers, peasants, youths and students and service personnel
and provisions that enable them to serve the interests of the State;
* For the State to practise market-oriented
free economic system;
* For the State to uphold principles of
peaceful co-existence and practise independent foreign policy; and,
* For this Constitution to be the highest law
that cannot be overwhelmed by any other law.
I hereby conclude expressing my thanks for
the opportunity of discussion and presentation on behalf of Shan Nationalities
League for Democracy.
x x x
NUP
Representatives-elect and Party: National Unity Party;.
A 47-page proposal presented by U Thein Tun (Ingapu-2) [full text]:
The National Unity Party would like to
propose the following to be kept as State fundamental principles:
1. To always emphasize and safeguard national
independence, sovereignty and territorial integrity,
2. To maintain firm safeguards and provisions
for non-disintegration of the Pyidaungsu, for further consolidation of national
unity, for equality among national races, for own right to prescribe for
oneself that enables one to shape one's destiny, for continued existence and
development of less-strong national races,
3. To extend all-round cooperation for
practising dignified multi-party system for flourishing of genuine democracy,
4. To adopt independent national economic
policy for improvement of economic and social conditions of the country and the
entire people,
5. To establish genuine democratic social
system that guarantees democratic rights and liberties of the people based on
the worthiest of worldly values such as justice, liberty and equality and also
based, with respect and value, on human life, dignity and basic human rights,
6. To effectively safeguard the interests of
peasants and workers who constitute the great majority of the country,
7. To lay down and carry out programmes for
development and progress of the entire mass of youths and women with aims at a
better future for the country,
8. To provide for freedom to worship, to
abstain from mixing of religion and politics, to abstain from seeking political
gain by using religion and religious organizations as stepping stones,
9. To consistently
practise independent and active foreign policy and practically implement
peaceful co-existence with all nations and friendly relations between nations.
x x x
The National Unity Party has already
presented comprehensively nine "principles" under the heading
"State Fundamental Principles". These nine principles include main
principles for chapter-wise headings.
However, as required by the National
Convention Convening Work Committee, the following fundamental principles will
be presented for the remaining 14 chapter-wise headings:
Fundamental principles on State structure
- It should be such a Pyidaungsu as one where
all nationalities will live unseparating hand in hand together forever.
- This Pyidaungsu should incorporate as its
members 14 states of equal status with own right to prescribe for themselves.
- Constituent members of the Pyidaungsu
should be firmly constituted inseparably with the Pyidaungsu.
- Distribution of powers between the
Pyidaungsu and its members should be based on mutual trust, equality, right to
prescribe for oneself, right of a national race to stand on its own and flourish, development, etc.
Fundamental principles on the Head of State
- The Head of State should be the President
as the nation is to be constituted as a Pyidaungsu.
- The President should not be just a
figurehead but one with authority.
- In accord with international practices, the
President should be a person who was born in the country, both parents being
nationals born in the country, and who is qualified to stand for election as
Hluttaw representative.
Fundamental principles on legislature
- The set-up of the Hluttaw should be one in harmony
with the State structure.
- There should be two chambers of Hluttaw -
Upper Hluttaw and Pyithu Hluttaw.
- In the constituent states of the
Pyidaungsu, too, there should be Hluttaws in accord with the principle of right
to prescribe for themselves.
- Functions and duties of the respective
Hluttaws should be prescribed precisely.
Fundamental principles on executive powers
- Pyidaungsu Government should be formed in
accord with the concept of separation of three powers.
- Distribution of powers between the
Pyidaungsu Government and member-states and between the states and local
administrative bodies should be based on political harmony, national harmony
and legal harmony.
- It should be firmly prescribed in the
Constitution for a members-state of the Pyidaungsu to be provided with
deserving rights and responsibilities.
- In the Constitution there should be
principles for formulation of democratic local bodies at district, township,
ward and village-tract levels.
Fundamental principles on judiciary
- There should be included provisions to
safeguard genuine democratic social system from legal point of view.
- Administration of justice should be
independent and in accord with law.
- Administration of justice should be
conducted before the public unless prohibited by law.
- There should be right of defence and right
of appeal according to law.
- It should be stipulated that punishments
are not meted out in violation of human dignity.
- It should be stipulated that no penal law
has retrospective effect. There should be formed Pyidaungsu Taya Hluttaw Chok
(The Supreme Court), state Taya Hluttaws (High Court) and township courts.
Fundamental principles on the Tatmadaw
- Importance of the role of the Tatmadaw must
be recognized, in view of the course of history of the nation.
- The Tatmadaw should be closely associated
unalienated with national politics [sic].
- There should be a single modern, dynamic
Tatmadaw comprising Army, Navy and Air Force.
- In participating in the national political
leadership it should participate as appropriate where due in the State's
legislative and executive spheres.
Fundamental principles on citizens and their
fundamental rights and responsibilities
- There should be provisions for freedom of
worship, freedom of expression, freedom of peaceful assembly, freedom of
association, right to pursue livelihood according to law, right to work, the
right to own, sell and transfer movable and unmovable property.
- There should be provisions against
discrimination between men and women in law, for equal rights and status for
men and women, for enjoyment of the benefits derived from one's labour
commensurate with one's physical or mental efforts and diligence and for right
to inheritance according to law.
- Every citizen should have democratic rights
such as the right to vote, the right to stand for election and the right to
recall the elected representatives.
- Every citizen should have the right to
education, the right to freely conduct studies and the right to develop one's
language, literature, culture, religion and customs.
- Every citizen should have the right to
medical treatment, and women and children should have freedoms and privileges.
Fundamental principles on election
- The essence of democratic practice of the
people themselves electing persons to serve the interests of the people on
behalf of the people should be made evident.
- People's representatives should be elected
by holding elections that are free and fair and peacefully demonstrative of the
true wishes of the people.
- There should be opportunities for extensive
participation of citizens in the elections.
- Organs of power at different levels are
responsible to the people, and represent the people, and it should be made evident
as such.
Fundamental principles on political parties
- Political parties are to serve as bridges
between the government and the people.
- Political parties should be ones capable of
adopting and implementing policies and working styles that will conform with the interests of the people concerning political,
economic and social matters.
- Just as there are parties covering the
entire country, there should also be parties of region-wise representation.
- Every party should be required to have
suitable guiding philosophy, basic political programme and practices.
Fundamental principles on emergency
provisions
- There should be provisions to enable Organs
of State Power at different levels to give effective protection to security,
life and property of the people when situations threatening them arise.
- The Defence Services Commander-in-Chief
should have action taken in accord with the provisions of the Constitution when
there arise situations of national emergency that will
harm independence and sovereignty, seizure of State power by violent ways and
unlawful ways or attempts to do so, and attempts to cause disintegration of the
Pyidaungsu.
Fundamental principles on amending of the
Constitution
- It should be prescribed, after coordination
of wishes of the majority, that the Preamble of the Constitution and the
provisions involving principles shall be amendable only by means of a national
referendum.
- The Hluttaw should be given the right to
amend the provisions not involving principles in accord with changing times and
conditions.
- State Hluttaws and democratic local bodies
should be given the right to propose amendments to the Constitution.
Fundamental principles on State Flag, Emblem,
Seal, Anthem and Capital
- State Flag, Emblem, Seal, Anthem and
Capital should bear national character of the State.
Fundamental principles on provisions on
period of transition
- There should include provisions for
uninterrupted performance of executive and judiciary duties and maintenance of
peace and stability during the period of transition.
- There should include provisions stipulating
that work done by the government that has been exercising State power before
the Constitution comes into effect is legal.
- There should be provisions stipulating
that, at the time of changeover from one government to another, undertakings of
the government that has been exercising State power are to be inherited by the
Government that will emerge under the Constitution.
Fundamental provisions on general provisions
- There should be provisions dealing with the
specific points which are not covered in the earlier chapters of the
Constitution.
- There should be provisions to clarify
points requiring separate clarification in the Constitution.
- There should be an Indemnity Clause to the
effect that undertakings of the government exercising State power prior to the
day the Constitution comes into force are undertaking pursued in accord with
the Constitution.
x x x
These fundamental principles are presented to
suit geographical and general conditions of the country based on experiences at
home and abroad. These also reflect the aspirations of the national people of
the country. It can bee seen that national identity is evident as they are
objectively based on absolute fundamentals of our own country and races.
These presentations of the National Unity
Party in connexion with fundamental principles for chapter-wise headings are
just extracts of main points. It will make more extensive presentations when
the time comes for discussions on each chapter headings.
UPNO & SSKDP Representatives-elect;
I am representative-elect U Tun Kyaw of
Namhsan Constituency,
First of all I would like to say that I feel
much honoured for having the opportunity of putting forward proposals at this
National Convention that will remain historic in
x x x
I would like to present that the fundamental
principles of the State should be laid down as follows:
(1) The Union of Myanmar is a sovereign,
democratic nation which practises the Union system and which is unified with
states in equal status where all national races reside.
(2) The basic foundation of the State must be
structured with people's representatives elected by the people themselves, and
the nation must be a republic composed of Union member-states where there is no
mingling of politics with religion (or) where there should not be any chief
religion of the State (or) there should not be partiality to any religion which
cannot be proclaimed as the chief religion of the State. To put it short in
English, a principles of "a republic, secular,
democratic, sovereign and social State" must be practised.
(3) The Hluttaw must be constituted
bicamerally - Upper House and Lower House - and also with Pyi-ne Hluttaw
(chamber of states).
(4) All the sovereign powers of the Union of
Myanmar must reside in the people composed of all the nationalities in the
(5) A principle must be laid down for
adopting an administrative system in accordance with the wishes of the majority
and also for protecting the rights of the minority, and the nation must be a
State where eternal principles such as social justice, economic justice and
political justice, freedom of thought, freedom of speech and expression, freedom
of press, freedom to profess any religion, freedom of earning one's own
livelihood, freedom of organizing, equality of status, equality of rights,
equality before the law, etc flourish and where there is no such class of
people as those enjoying special privileges or whatsoever [sic].
(6) Nationalities' literary and cultural
organizations must be formed legally at township and state levels. Plans must
be formulated for the preservation and promotion of the nationalities' literary
and cultural mores and traditions, without any prohibition on related
activities of a national race. Legal provisions must be prescribed to be able
to help fulfil such activities of the national races with the assistance of the
State in cash or kind and to be able to include nationalities' literary and
cultural traditions in the curriculum of the
(7) With the adoption of market economic
system for the development of the State, incentives must be given to private,
cooperative and State sectors and joint venture enterprises. Law must be
promulgated for free trade and economic ventures.
(8) Public utility undertakings and natural
resources, which are potential wealth, must be regarded as solely owned by the
State and the government must formulate a policy to enable the Union Government
itself or local organizations or cooperatives or joint-venture enterprises to
utilize them and plans must be implemented in accordance with the policy
guidelines.
(9) Economic plans must be laid down by the
State with a view to augmenting the wealth of the State, increasing the
quantity and improving the material conditions of public property, promoting
the cultural standard of the public, perpetuating independence of the Union
nation and invigorating the defence capacity of the State. A policy must be
formulated by the State for providing economic organizations and enterprises
with technology and cash and material assistance.
(10) For the regions that have not achieved
development to keep abreast with developing regions, plans must be laid down
with priority laid on political, economic and social matters and other crucial
sectors such as transportation and telecommunications and assistance must be
given to efforts made to officials in charge of states in the implementation of
the plans.
(11) Freedom of the press, freedom of
thought, freedom of speech and expression and freedom of association and
organization must be provided by law.
(12) Freedom to profess any religion, freedom
of faith, freedom of speech and freedom of conducting missionary services and
legal provisions must be prescribed so that there should be no partiality to
any particular religion.
(13) In the administration of justice, the
State Supreme Court and local courts must be constituted with the adoption of a
jury trial system and the fact that all are equal before the law must be
demonstrated.
(14) The State must formulate a policy for
every citizen to ensure the right to work, the right to rest, the right to
enjoy his or her own free time, the right to maintenance in cases of old age or
invalid condition or loss of capacity to work and policy guidelines must be
implemented in accordance with the policy.
(15) The State is to provide free compulsory
primary education, encourage especially children's education and extend assistance
to high school and university education, arts and science studies, researches
and cultural organizations.
(16) The promulgate laws giving access to
vocational education to national races of hill regions and those of the states
in proportion to the requirements of the regions concerned.
(17) Provisions are to be included in the
Constitution giving primary and secondary and up to the high school education
in order that literature and culture of the respective national races might be
preserved and promoted.
(18) Emphasis is to be laid on laying down
health and physical education policies to bring about health, physical and
intellectual development of the people.
(19) Improvement of living conditions such as
food, clothing and shelter and the health of the people residing in the Union
is to be regarded as one of the main responsibilities and the State is to make
available basic commodities such as rice, cooking oil, salt, meat, fish and
eggs at reasonable prices for the welfare of the people at all times; it is to
subsidize if necessary.
(20) The State is to introduce relevant laws
forbidding employment in disregard of the ability, age and sex, in order to
guard against harming the health of workers and against affecting children in
their tender age.
(21) A citizen of the Union of Myanmar shall
have the right to ownership of the house he resides in, cottage industries he
runs, livestock breeding he undertakes and personal belongings, and inheritance
to the occupation and belongings for one's generations to come.
(22) The State is to make arrangements to
provide decent living conditions for the disabled war veterans and to enable
them to undergo vocational training free of charge. It will have to take
special care of children of the fallen Tatmadaw members and those who become
orphans because of the war.
(23) The State is to give mass and class
strata such as peasants and workers, student youths, women, technocrats and
intelligentsia the right to form Asiayons and organizations thereby enhancing
their physical and intellectual strength and creating welfare and other
opportunities. They should have the right to enjoy benefits derived from their
labour in proportion to their contribution in labour.
(24) The State is to form a strong Tatmadaw
of the
(25) Law requiring all citizens to undertake
military service on coming of age is to be enacted.
(26) With the exception of armed
organizations responsible for protecting public life and security no citizen
will be allowed to carry arms without licence.
(27) The State is to pursue an independent
and active foreign policy maintaining fraternal relations with neighbouring
countries in honour of the United Nations Charter.
(28) All service personnel are to be loyal to
the government in power. A principle is to be formulated specifying that
service personnel who wish to enter politics can do so only after their
resignation.
(29) Laws are to be enacted requiring to always preserve and protect the natural environment of
the
(30) A commission is to be set up to
safeguard democracy and the Constitution. A law providing ways and means to
take action against violators of democracy and Constitution is to be enacted.
We have presented formulation of the
fundamental principles of the State in accordance with the instructions of the
National Convention Convening Commission Chairman on 9-1-93 and 7-6-93, with
the clarifications of the National Convention Convening Work Committee Chairman
on 7-6-93 and with the six objectives of the National Convention; we have no
prejudice in presenting this. With this we conclude.
MKNSO
Representatives-elect;: Mro or Khami National
Solidarity Organization. A 10-page proposal presented by U San Tha Aung
(Kyauktaw) [full text]:
(1) The State is the sovereign democratic
Union of the entire people guaranteeing fundamental rights.
(2) The State shall be called the Union of
Myanmar.
(3) Emphasis is to be laid and always acted
upon on non-disintegration of the Union and non-disintegration of national
solidarity.
(4) Special attention is to be paid to and
appropriate assistance extended for the economic and social progress of
national races who lag behind in development.
(5) The State protects the interests of the
entire people.
(6) It is to be clearly stated in the
Constitution that the State practises dignified multiparty system for the
flourishing of genuine multiparty democratic system.
(7) There will be two Hluttaws (chambers) -
Pyithu Hluttaw and Chamber of Nationalities. The respective townships are to
elect representatives for the Pyithu Hluttaw and nationalities are to elect
their representatives to the Chamber of Nationalities.
(8) Sovereign power of the State must lie on
the citizens. The Union Hluttaw elected according to the wishes of the people
is to receive the sovereign powers and then use, distribute and delegate them
according to the Constitution.
Affairs of national races
(1) All the national races shall have equal
rights such as political rights in all aspects and the right to
self-determination to shape their own destinies.
(2) Self-administered areas must be
established for national races to enable them to have full authority to carry
out duties in the respective areas.
(3) National races have the right to create,
adopt and teach the literature of the language they cherish. National races
shall have the right to inheritance according to their own traditions or to
other laws.
(4) National races have the right to
introduce laws and rules to be adhered to in dispensing justice or to be abided
by based on their cultural traditions.
Economy
(1) State economy is based on market oriented
economic system which suits the respective regions.
(2) In the State there will be public,
co-operative, joint-venture and private ownerships.
(3) Priority will be given to ownership of
the land for those who work on it, agricultural development and rural
development.
(4) [no item printed
- it is probable that a whole segment, with the end of the Economic, and
beginning of the Social section was omitted by NLM; see paper presented by the
same organization as a Political Party, below]
(5) Punishments that exposes a person to
humiliation and causes tarnished image to him or her should not be meted out.
(6) The State must plan for disabled
ex-military servicemen to enjoy a decent living and free vocational training.
Wives and children of fallen servicemen and children orphaned by war must be
under the special care of the State.
(7) Workers and government employees who are
not involved in politics must be allowed to legally form unions.
National defence
(1) The duty of defending the nation is a
noble task. To bring about effective execution of national defence and security
duties, a sole Tatmadaw composed of Army, Navy and Air Force must be formed in
the State. Due regard and special recognition must be given to the essential
role of the Tatmadaw that has had traditions in the historical trend of the
State.
(2) With lessons drawn from events in
history, proper measures must be taken so that there should not be any
political control or constraint and political influence on all armed
organizations including the Tatmadaw. The head of all armed organizations of
the State must be the commander-in-chief of the Defence Services.
Foreign affairs
The State, adopting an independent and active
foreign policy, is to abide by the principles of the United Nations Charter and
to uphold the principle of peaceful co-existence among nations, maintaining
goodwill and friendly ties.
An uprising emerged as there was depletion or
lack of democracy under one-party system.
Hence, it is crucial time for a genuine
multi-party democracy system to flourish and for the State to have prevalence
of peace and tranquillity and prosperity and for all national races to have
unity and solidarity.
As such, for a genuine multi-party democracy
system to flourish, to bring about conditions for the people themselves to
exercise people's powers, for considerations to be taken for various national
races to have the right to self-promulgation and self-administration, the
principles now submitted should be included in the "Fundamental principles
of the State" in the Constitution. I conclude here with these suggestions.
(NLM 8/10)
Aug. 10:
NLD
Representatives-elect and Party;: National League for
Democracy. A 95-page proposal was presented in five parts by various members
["salient points" as printed in NLM]:
To esteemed chairman, members of the panel of
chairmen, members of National Convention Convening Commission and Work
Committee and all delegates, I extend my best wishes and goodwill for
auspiciousness, and physical and spiritual well-being of all.
I am representative-elect U Hla Kyi, representing
the National League for Democracy, from No 2 Constituency, Pathein East township, Ayeyarwady Division. This paper will be read out
by me and by U Myint Thein, representative-elect from No 1 Constituency, Chauk
township, Magway Division; by U Aung Myint, representative-elect from No 1
Constituency, Letpadan township, Bago Division; by U Tun Myaing,
representative-elect from No 1 Constituency, Wetlet township, Sagaing Division;
and by Daw Win Myint, representative-elect from No 2 Constituency, Mayangonn
township, Yangon Division, in that order. We will discuss "The State
fundamental principles" and present constructive suggestions.
As for the National League for Democracy, it
will present matters and suggestions in the manner of finding answers within
the family in the interests of the family. It will stand objectively, free of
any bias and clear of any attachment. It will strive for the successful framing
of a Constituency especially embibing the seven principles of the National
League for Democracy, namely
(1) Openness, sincerity and mutual respect
and compliance
(2) national
reconciliation (This is the matter of national solidarity, in connexion with
which it has been presented comprehensively and with special emphasis.)
(3) use of peaceful
and smooth way
(4) aiming at
general harmony free of any grudge
(5) mutual respect
(6) mutual
co-operation
(7) mutual
understanding.
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Presented in continuation below are
discussions and suggestions on basic principles in connexion with which
citizens must have right, under the Constitution, to litigate before the court
of law. These basic principles are:
(1) The sovereign power of the State resides
in the citizen people of the country.
(2) The highest organ of State power shall be
formed to exercise the sovereign powers of the State. This organ shall be
formed only with people's representatives elected freely and fairly by the
people.
(3) Only this highest organ of State power
shall wield and delegate the three main State powers, namely legislative,
executive and judicial powers, in accord with the Constitution.
(4) Multi-party democracy shall be practised
in the State.
(5) As multi-party democracy is practised in
the State, the highest organ of supreme powers of State shall be formed only
with people's representatives elected by the people. This highest organ of
supreme powers of State shall be called Hluttaw (Parliament is supreme.)
(6) There shall be no such entities as State
organizations or machineries existing separately independent of supervision and
control of the Hluttaw that is the highest organ of State power.
(7) The State shall be established as a
democratic state that with emphasis heeds the democratic rights of citizens.
(8) The system of constitution and administration
of the State is the system of administration based on democracy.
(9) In order that the single-party system
that is counter to the wishes of the majority of the people and destroys
multi-party system does not emerge and flourish again, this Constitution
prohibits any and all propaganda and organizational movement aimed at
flourishing of that single-party system.
(10) The principle of openness that is held
in high esteem by mankind shall be practised in conduct of legislative,
executive and judicial affairs. The practice of relations of such openness
shall be regular practice of relations between the government of the State and
the people.
(11) The economic system of the State shall
be market-oriented economic system.
(12) As groups of nationalities have all
along together inhabited the Myanmar Naing-Ngan and there have all along been
demarcations such as States and Divisions, it shall be constituted as a
Pyidaungsu Naing-Ngan-Daw comprising States and Divisions. The State shall
endeavour for incessant flourishing of nationals' solidarity, equality,
non-loss of rights due to them for their physical and intellectual efforts,
tenacity and diligence, mutual amity and respect, and mutual help.
(13) All groups of nationalities are family -
members of the Pyidaungsu; and living on the same land and drinking the same
water, they will live unitedly unseparated forever together, with equality
among themselves, sharing tranquillity as well as adversity, eggs and nest all
intact, free of any suspicion among them. All States in this Pyidaungsu, in
accord with this Constitution,
(a) shall have the
right of self-administration.
(b) every
legislation enacted by the State shall be in accord with the Constitution. The
Hluttaw has the right to review any legislation enacted by the States if that
legislation is liable to be detrimental to the interests of the Pyidaungsu.
(14) If the Hluttaw has to prescribe matters
concerning States, it shall do so only upon the consent of 75 per cent and
above of all Hluttaw representatives of the State concerned.
(15) The Naing-Ngan-Daw is a nation
comprising groups of nationalities of equal status namely Kachin, Kayah, Kayin,
Chin, Bamar, Mon, Rakhine, Shan etc. There shall be utterly no domination,
coercion, degradation, unlawful treatment, exploitation of one race by another,
or among groups of nationalities. There shall be right to enjoy the fruits of
the State in accord with one's own physical and intellectual efforts, tenacity,
and diligence.
(16) Respective nationals have right to freely
profess, cultivate, preserve, use and practise their religion, cherish
language, literature, culture and customs in accord with the Constitution but
it shall not harm the interests of another.
(17) Every citizen is equal before law. No
one shall be above the law. It shall not be that, for a person, law is one
thing, and for another, law is something else. There is freedom in
administration of justice. There is right to file complaints against grievances
and right to sue for action. No law, rule, regulation, order or proclamation
etc shall have retroactive effect. There shall be no detention of a citizen for
more than 24 hours without a court order. No one shall be deemed guilty until
and unless so judged by the court. Examination or punishment that violates
human dignity is prohibited. A person punished for an offence shall not be
punished again for the same offence. Moreover, even a person who is undergoing
punishment because he is guilty shall not suffer a violation of human dignity.
(18) Time of elections shall be prescribed
and elections duly held. Elections shall be in accord with democratic practice.
(19) Citizens shall have right to elect and
be elected people's representatives in accord with law. There is right of
recall in accord with law of any-level representative one has elected.
(20) The State is the ultimate owner of all
natural resources above and below the ground, above and beneath the waters and
in the atmosphere, and also of all lands.
(21) The country is still one based on
agriculture. Assistance and support must be given for all-round development of
agriculture. Efforts shall also be made for development of mechanized
agriculture and industries as much as it comes to be favoured by conditions.
(22) Peasants and workers are currently basic
forces of the State. Assistance and support shall be given for promoting their
works and their rights shall be safeguarded. Bodies free of party politics
shall be formed to truly represent respective classes and shall have right to
submit for their rights in accord with law.
(23) Intelligentsia, intellectuals, business
entrepreneurs etc forming all sorts of strata of masses also are operators of
enterprises serving the interests of the State. Assistance and support shall be
given for them to flourish. Their rights shall also be safeguarded. Their
inventions, innovations and performances shall be accorded recognition. Bodies
free of party politics shall be formed to truly represent respective classes
and shall have right to submit for their rights according to law.
(24) Youths are ones who will become leaders
of the State in future and ones who have abilities. The role of youths is duly
recognized. Youths shall be cultivated and trained to develop their Five
Strengths and become able to shoulder the duties of the State. They shall have
the right to form youth organizations free of party politics.
(25) Women shall have equal rights as men.
They shall also have separate rights on account of their feminine nature in
accord with law. They shall have right to form organization free of party
politics.
(26) Personnel in the service of the State
are serving the interests of the State and citizens. Law and procedures shall
be made to guarantee full safety of their career. Service personnel shall have
the right to submit for their service rights, in a way free of party politics.
Service personnel shall be for the people, not vice versa.
(27) The State shall maintain friendly
relations with world nations. Especially with neighbouring countries, it will
maintain relations of understanding and good-neighbourliness. It will
co-operate in matters of mutual benefit in international organizations, bloc
organizations and regional organizations. As no nation can stand alone and practise
isolationism in the present times, the State will enter into mutual
co-operation in all matters of mutual benefit between nations. In world
problems, it will always stand for what is right. It will steadfastly adhere to
the Five Principles of Peaceful Co-existence, namely (1) mutual respect for
each other's territorial integrity and sovereignty (2) non-aggression (3)
non-interference in each other's internal affairs (4) equality and mutual
benefit and (5) peaceful co-existence despite differences in foreign policies.
It will abide by the United Nations Charter. It will respect the Universal
Declaration of Human Rights.
(28) Myanma Tatmadaw is the people's Tatmadaw
that safeguards, in accord with democratic practice, the tasks of national
Independence, non-disintegration of Pyidaungsu, perpetuation of sovereignty,
national security and defence etc. The State shall take responsibility to build
it into a modern people's Tatmadaw that is worthy of confidence and reliance of
the State and the citizens depending on the capability of the State and
strategy laid down by the State. Rights of Tatmadaw members shall be guaranteed
by law. Families of Tatmadaw members who are disabled shall be given protection
and care. Being formed with members from all groups of nationalities and all
classes of people in the country, the Tatmadaw is an armed organization
representing the citizenry. Accordingly the Tatmadaw shall stand in splendour
in the State and shall safeguard stability of the new democratic state and the
Constitution.
(29) Research works in the country shall be
conducted with planning to meet the needs of the State. They shall be carried
on through contacts with international research organizations in accord with
the foreign policy of the State.
(30) Environmental conservation shall be
carried on with systematic planning. Especially forests, soil, land, watershed
areas and water resources shall be protected.
(31) Myanmar language shall be used as
official language in Myanmar Naing-Ngan.
(32) There shall be freedom of religion. The
right to freely profess any religion shall be given. The State recognizes that
Buddhism is the major religion, replete with distinguished attributes,
professed by the majority of citizens. With reference to freedom of religion,
there shall be no mixing of politics and religion.
(33) The State shall prescribe for emergence,
in accord with plan, of an education system that is truly effective for
imparting of free and compulsory primary education. Moreover, the primary
education system shall be aimed at bringing real benefit to the State and the
children more than it does now. Moreover, it shall be provided to enable
teaching of national languages in addition to Myanmar language as optional
subjects at schools.
(34) The Constitution is the highest law of
the State. No other legislation shall supercede it.
(35) Each and every people's representative
elected to any organ of State power shall report on the work done by him or her
to the citizens who have elected him or her, and shall also seek their wishes.
In connexion with the fundamental principles,
the second part, namely the "State objective principles" will be
presented and discussed. It is to be mentioned here again that these general
objective principles are to be heeded and adhered to in conducting legislative,
executive and judicial work. However, in such conduct of work, there shall be
no right to sue before any law court.
The objective principles are generally as
follows:
(1) Now we are going to build the State by
means of multi-party democracy. So, for the flourishing of multi-party
democracy, it is true, political stability is especially necessary.
(a) In order to have political stability,
social and economic conditions have to be good. They must be progressing and
developing. For the social conditions to be good in Myanmar Naing-Ngan,
basically all groups of nationalities have to be united. For economic
conditions to be good, basically a market-oriented economic system has to
flourish.
(b) For social and economic conditions to be
good, the main requisite is that there must be capital and technology.
(c) Emergence and capital and technology is possible only with the flourishing of genuine democracy
and development of market-oriented economic system.
(d) Capital and technology can flourish only
under the administration of governments based on the wishes of the people
especially under democratic system. Capital and technology do not grow
instantly. They grow gradually with the flourishing of democracy and
development of the market-oriented economy. Just as capital and technology
flourish, so also will democracy become more stable and dynamic. (In other words) just as democracy has to flourish for growth of
capital and technology, so also are capital and technology essentially
necessary for flourishing of democracy.
(2) To build a democratic state based on
multi-party system which allows enjoyment of political, economic, social,
democratic rights and basic human rights.
(3) To protect citizens both within the
country and without, in dealings with foreign countries.
(4) To work towards giving due assistance
when citizens become old and unable, when they can no longer work, when they
become unwell.
(5) To work towards enabling citizens to
enjoy at appropriate time right to rest and right to free time.
(6) For the State to give priority as much as
possible and strive towards progress of still less-developed regions and
citizens' lives.
(7) For every citizen to get opportunity to
pursue education; To encourage and extend monastic
school education.
(8) For the State to strive towards
improvement of citizens' living standards and well-being.
(9) For the State to strive towards uplift of
the life of children, care of wayward youths, and protection of minors from
having to do work not compatible to their strength.
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A summary of all that has been presented now
will show that, as we are going to build the new democratic state, it is specially for all groups of nationalities to be new men with
fresh outlook, to have correct concept, to foster family spirit, and to keep up
and strengthen unity. At the same time it is necessary to include all
democratic rights as befits the democratic state, not just to include them, but
to be able to enjoy them in practice. Moreover, it is necessary to succinctly
lay down fundamental principles for constituting the Pyidaungsu Naing-Ngan-Daw,
which the entire people are hoping and wishing for, and for delegation of
powers and for correct implementation in practice. Moreover it must inevitably be
included in the provisions to have mutual check and balance and harmonious
relations between the organs of power and the people.
With such a concept, the National League for
Democracy has conducted studies of historical background, national solidarity, democratic
cause, and constitutional matters etc. and made a presentation as
comprehensively as it possibly can. Especially in drafting the Constitution,
fundamental principles are most primary. Accordingly fundamental principles and
objective principles that should inevitably be included have been presented and
proposed. If they are thoroughly scrutinized and improved upon with changes and
additions, there will emerge fundamental principles that have full essence and
that will truly serve the interests of the State and the citizens.
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Moreover, in connexion with fundamental
principles, the National League for Democracy is standing for the cause of
building a genuinely democratic state by means of multi-party democracy; in
democratic practice, the ultimate true owners of sovereign power are the
people; likewise, only people's representatives democratically elected by them
shall exercise the three sovereign powers of State; only then will it be
tantamount to implementation of genuine democracy. Emphasizing these points, I
conclude the presentation, with thanks.
Nationalities Delegates; Group. A 68-page
proposal in three parts was presented by various delegates ["salient
points" as printed]:
I extend my best wishes for auspiciousness to
all National Convention delegates.
I am Daw Hnin Mya, nationalities delegate of
In the nationalities delegate group,
altogether 32 delegates of the 14 States and Divisions have thoroughly held
seven rounds of discussions, representing the respective States and Divisions
as well as individually, on the fundamental principles concerning the heading
"State fundamental principles" for formulation of principles to form
basis in writing the Constitution. The paper compiling team made up of the
panel of chairmen and delegates then prepared a paper. The paper prepared
together with the panel of chairmen was approved unanimously by the
nationalities delegate group meeting held on
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
A presentation will be made on State
fundamental principles and all the 14 chapters to be included in the State
Constitution in their set order. In connection with the State fundamental
principles it is presented as follows:
The State shall be constituted as Pyidaungsu
Thamada Myanmar Naing-Ngan-Daw that practises genuine multi-party democracy in
accord with the noblest and worthiest of worldly values.
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
The economic policies of the State are
presented below:
(1) State economic system is market economic
system directed towards the national economic system;
(2) The State is the ultimate owner of all
the land, resources above and below the ground, above and beneath the waters,
and in the atmosphere.
(3) For development of the national economy,
the State shall supervise sector-wise extraction of State-owned resources by
State organizations, regional organizations, joint-venture organizations and private
economic organizations.
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In connexion with the foreign policy of the
State, it should be prescribed as follows in fundamental principles:
(1) The State shall practise an independent
and active foreign policy.
(2) The State shall maintain friendly
relations with all nations on the basis of equality with all nations and the
five principles of peaceful co-existence.
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As regards education, the following points
should be included in the chapter on State fundamental principles:
(1) Every citizen has the right to pursue
education. Basic education up to primary education is compulsory.
(2) The State education system shall be
modern education system that will ensure correct thinking and good moral
character in students and serve the cause of building the nation.
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
As regards health, the point wanted to be
included in the fundamental principles is as follows:
It shall be moved to define and carry out
activities to promote public health in order to reinforce and support
endeavours of the State.
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In connection [sic] with national culture,
the following point should be included in the State fundamental principles:
The State shall enact necessary laws for
developing, strengthening and preserving national culture.
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In connexion with the State Structure, it is
presented as follows:
(1) The 14 existing states and divisions will
be formed as states of equal status and the names of the states shall be as
they are now.
(2) Within the states, suitable
self-administered areas may be demarcated and constituted if necessary.
(3) No state shall have the right to secede
from the Pyidaungsu.
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In connexion with the Head of State, it is
presented as follows:
(1) The Head of State is the President.
(2) The Sate will practise the system of
executive headed by the President to be elected by presidential electoral college.
(3) The President of the State shall be a
citizen being a national loyal to the State and the citizens and qualified as
prescribed by law.
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In connexion with legislature, it is presented
as follows:
(1) Legislative power resides in two chambers
- the Hluttaw representing the people, elected by citizens who have the right
to vote, and the Pyidaungsu Hluttaw with equal representation from 14 States.
(2) In each state, there shall be a
legislative Hluttaw.
(3) In the legislative Hluttaws, there shall
be representatives nominated by the Defence Services Commander-in-Chief.
(4) In enactment of laws, punishments that
violate human dignity shall not be prescribed.
(5) Laws to suit extraordinary conditions of
the self-administered areas shall be enacted.
(6) Laws enacted by the state-level
legislative Hluttaws should not be contrary to enactments by the central level.
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
I will continue to present principles
considered suitable in connexion with the executive. They are:
(1) The system of leadership by the President
will be practised.
(2) The President shall delegate executive
power to states and self-administered areas.
(3) Local executive organs of states, districts
and self-administered areas, these being regional entities, shall include
persons nominated by the Defence Services Commander-in-Chief.
(4) Persons chosen by the President and
approved by the two chambers of the Hluttaw shall be appointed the Attorney-General
and the Auditor-General.
(5) Personnel in the service of the State
shall be clear of party politics. The Government shall take responsibility to
secure in-service guarantee for personnel in the service of the State.
(6) The State shall strive as much as
possible to ease food, clothing and shelter conditions of people who have
retired from service.
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Administration of justice shall be conducted
on the basis of the following principles:
(1) To administer justice independently
according to law.
(2) To conduct administration of justice in
public, except on restriction by law.
(3) To give the right of defence and the
right of appeal in cases.
(4) No penal law shall have retrospective
effect.
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Administration of justice is better done by a
bench formed with judicial personnel including legal experts. That is why it is
being submitted to prescribe as follows in the fundamental principles:
(5) Justice shall be administered only by a
bench.
(6) The highest law court in
(7) Pyidaungsu Taya Hluttaw, state Taya
Hluttaws, self-administered areas' law courts, district law courts and township
law courts shall be constituted in the State.
xxxxx
Concerning the chapter heading "The
Tatmadaw", it is suggested fundamental principles be laid down as follows:
(1) A strong, modern, single Tatmadaw shall
be built for strengthening national security and defence. In so doing, the
Tatmadaw is empowered to plan and manage for participation of the entire
people.
(2) In addition to its original duties of
defence and security, the Tatmadaw shall participate in implementation of
legislative and executive duties.
(3) The head of all the armed organizations
in the country is the Defence Services Commander-in-Chief alone.
(4) The Tatmadaw shall have the right to
manage all its affairs by itself independently.
(5) The Tatmadaw shall safeguard the causes
of non-disintegration of the Pyidaungsu, non-disintegration of national
solidarity and perpetuation of national sovereignty.
(6) The Tatmadaw shall have right of action
in regional emergency situations for effectively protecting life and property
of the people upon emergence of situations threatening security, life and
property of people in some regions in the State.
(7) The Defence Services Commander-in-Chief
shall be permitted to secure and exercise State power in accordance with
provisions of the Constitution in situations of emergencies concerning the
whole country.
(8) The Tatmadaw has responsibility to give
protection for stability of and adherence to the provisions of the
Constitution.
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Extensive provisions will have to be made
under the heading or the chapter 'Citizens and their fundamental rights and
responsibilities'. We consider the following principles suitable to be
prescribed under the heading.
(1) (a) All persons
born of parents both of whom are nationals are citizens;
(b) Citizenship, naturalized citizenship and
revocation of citizenship shall be prescribed by law.
(2) Separate fundamental rights shall be
prescribed for nationals in political, social and economic affairs.
(3) All citizens, irrespective of race,
official position, economic status, culture, birth, religion and sex, shall be
equal before the law.
(4) The interests of peasants and workers,
who are playing the main role in national economic development, shall be
safeguarded.
(5) Every citizen shall have freedom to
profess the religion of his or her own choice. However religion shall not be
misused for political purpose.
(6) Every citizen shall exercise restraint so
as not to harm the causes of non-disintegration of the
(7) Every citizen shall enjoy freedom of
speech and freedom of publication.
(8) Every citizen shall have the right of
inheritance according to law.
(9) Income earned legitimately through
physical and intellectual efforts and diligence, savings, property, dwellings
and other possessions of the citizens shall be protected by law.
(10) The State shall enact laws and strive
for youths to have strong patriotic spirit, to have correct way of thinking and
to develop in Five Strengths - physical, intellectual, moral, material and
spiritual.
(11) (a) Women shall
enjoy equal political, economic, social and cultural rights and employment
opportunities as men.
(b) Mothers, children and expectant mothers
shall enjoy rights prescribed by law.
(12) The State shall take responsibility for
less-developed national races to make progress so as not to lag in economic,
social, intellectual and technical aspects.
(13) Every citizen shall have the right to
freely apply one's own language, literature, culture, religion and worthy
customs and traditions. If such application has an effect of harming national
solidarity, it shall be totally avoided. It shall not be to the detriment of
others.
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As regards elections it should be presented
as follows:
(1) Every citizen shall have the right to
vote and stand for election as prescribed by law.
(2) There shall be the right, as prescribed
by law, for recall of elected Hluttaw representatives by the people who have
elected them.
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We cannot say that we will not encounter
situations of impending danger of disintegration of the Pyidaungsu and
disintegration of national solidarity. In such a situation, if the President
too cannot keep control, the Tatmadaw would again have to take over
responsibility whether it is asked by anyone to do so or not. In such a case,
it would be blamed as seizing power. Untruths would be mouthed from abroad. If
the Tatmadaw refrains from taking over responsibility the country will meet
with disaster. So in order that the people do not misunderstand the Tatmadaw,
in order that there are no accusations from abroad, and in order that the
Tatmadaw itself too can serve the interests of the nation with due honour, it
should be prescribed as follows:
The Defence Services Commander-in-Chief has
the right to secure and exercise State power when there arises
a situation designated as state of emergency in the country.
In connection [sic] with amending of the
Constitution,, fundamental principle is presented:
"Necessary provisions shall be made on
effecting amendments, additions and cancellations can be made to the provisions
of this Constitution."
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Concerning the State Flag, emblem, anthem and
capital, it is presented as follows:
"The State Flag, emblem, anthem and
capital shall be prescribed in conformity with the State fundamental
principles."
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As regards provisions in the period of
transition, it should be included in fundamental principles as follows:
"Laws, rules, notifications and
directives that have been in force before the date on which this Constitution
comes into effect shall continue to be in force providing they are not contrary
to the provisions of this Constitution or provided they have not been
cancelled."
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As regards general provisions the general
principle is presented:
"This Constitution is the basic law of
all laws of the State and is guide for interpretation of the provisions in
other laws."
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In conclusion, we would like to assure that
we, nationalities delegates group, submit our proposals comprehensively on the
State fundamental principles that should be included under 15 Chapter Headings
after having discussed them thoroughly and seriously with national objective.
An
Independent Representative-elect;, U Tun Hlaing of
Bahann Constituency No. 1 presented a 15 page proposal [salient points as
printed]:
In multiparty democracy, free citizens must
be able to form a political party as they wish provided it is not contrary to
the constitution. The parties must be able to act according to the arrangements
made by their party members. No matter how many parties there are, the public
will finally choose just two or three. This is the democratic procedure
practised by all the countries of the world.
Another guidance given is the flourishing of
the eternal values such as justice, liberty and equality. This is very good.
Both the Constitution of 1947 and the Constitution of 1974 contained the
eternal values and human rights in full. If people had indeed abided by them,
then the citizens of our country would have loved one another and lived in
unity [and] the country would have developed and prospered.
Then another guidance
is the matter for the Tatmadaw to be able to participate in the national political
leadership role of the future State. Tatmadaw always participates in national
political affairs. It must, too. The armies of the various countries of the
world are not only engaged in the affairs of their respective countries but are
seen to take part even in the affairs of other countries (Excerpts from the
book "Doh Pyidaungsu Myanmar Naing-Ngan" written by Dr. Maung Maung
is quoted)
xxxxx
So, provisions will have to be made for the
states in the Pyidaungsu to achieve a uniform development and for the people in
the states to have opportunities to strive and build by themselves.
So, wherever in the Pyidaungsu they may
reside, people will be able to enjoy right to decide by themselves and build by
themselves without losing any opportunities.
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Accordingly, efforts must be made by
democratic means, with the wishes of the national races, to strengthen national
solidarity and safeguard it from disintegration.
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In market oriented economy there have to be
well-defined rights for doing businesses. The authorities concerned must be not
create restrictions and deduct here and there [sic]. Government must not turn a
blind eye, either. It must give priority to nationals who can really operate
businesses. It must protect the interests of nationals by deterring foreigners
from getting control of businesses.
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Children and youth, who hold future prospects
of the country, and womenfolk must be protected, cared
and cultivated. The aged and the infirm, who had shouldered their duties well
by serving the interests of the State, must be fed and looked after.
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Another important matter is the freedom of
the Press. As injustice and wrongdoings come to be exposed, the persons
concerned will come to control themselves and then come to do what is just and
right.
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It is highly praiseworthy that the State Law
and Order Restoration Council has made endeavours to
change over to a truly democratic State. It is only those who are brave who
dare to make a decision to change over from an old system to a new one. Such
changes are not easy and one has to venture a great deal. One must also be
clever. One has to have goodwill. Some think that all the 40 million citizens
have to consent in framing a constitution. In democracy, it is impossible for
all to agree. Decisions are made with the approval of the majority. The consent
of the entire people can be obtained only in countries which practise
dictatorship. Such consent obtained is ineffective and therefore it is
meaningless.
xxxxx
In summing up, the convening of the National
Convention, making preparations for laying down fundamental principles for the
framing of the constitution and making efforts for the establishment of the
State in unity in a friendly atmosphere among our own people is to be heartily
welcomed. All must make concerted efforts with trust, free of suspicions. As a
people's representative I would forward constructive suggestions most sincerely
and speak of whatever I see along the path laid for the progress and
development of the State. I conclude by asking all the esteemed delegates
attending the convention to work hand in hand among themselves.
(NLM 8/11)
Aug. 11:
Peasant
Delegates; Group: A 26-page proposal was read by U Shei Rei of
It is proposed that a fundamental principle
be prescribed to redesignate the existing seven states and seven divisions as
regions of equal status under the present names, in keeping with
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It is proposed that a fundamental principle
be prescribed to demarcate self-administered areas within regions if necessary.
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It is proposed a fundamental principle be
prescribed as follows:
The goal of the State is for all the national
races to live together forever in close amity; for the flourishing of a genuine
democratic system; for raising the living standards of people in the State and
for all the national races to enjoy fairly and rightly.
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Fundamental principles should be laid down
for ensuring the rule of law and order in the different regions of the national
races who are our national brethren.
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It is proposed that fundamental principles be
laid down for effective distribution of the three State powers between the
central and regional organs for the sake of unity in constituting the State.
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
It is proposed that fundamental principles be
prescribed so that there shall be no gap in regional government.
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The State should lay down fundamental
principles of regional development so as to put emphasis on endeavours for
greater development of the less-developed national races.
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It is proposed that a fundamental principle
that protects language, literature, culture and customs of the national races
be laid down.
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It is proposed that a fundamental principle
for the State to supervise extraction and utilization of State-owned natural
resources be laid down.
It is proposed that a fundamental principle
be laid down for the State to provide assistance and support for commodity
production, commodity distribution, investment and price stabilization to promote
life of the people and boost investments in general in the country.
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It is proposed that a fundamental principle
be prescribed to the effect that the State shall be one that stands on its own
without depending on other countries in matters of our own culture, customs,
etc.
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A principle should be laid down for
systematic formation of parties for flourishing of a genuine multi-party
democracy through practice of a multi-party democratic system with integrity.
It should be laid down that all sovereign
powers of the State shall reside in the citizens. Of the three branches of
sovereign powers - legislative, executive and judicial powers - the legislative
power shall be exercised by the Pyithu Hluttaw; the executive power shall be
distributed between the central and regional organs to be formed in conformity
with this Constitution; the judicial power shall be distributed between the
central Taya Hluttaw and regional Taya Hluttaws.
A principle should be laid down that the
State shall practise an independent check and balance system between branches
of power namely legislative power, executive power and judicial power of the
State at central level.
A principle should be laid down as follows:
The State shall have two chambers of Hluttaw. The legislative Hluttaw shall be
elected by vote of every citizen who has the right to vote. The
It should be laid down as fundamental
principles that representatives elected by electoral college
from special areas shall attend Upper and
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A fundamental principle should be laid down
to practise an executive system headed by the President elected by electoral college.
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For further burgeoning of the eternal
principles of justice, liberty and equality, it should be laid down as follows:
(a) All citizens shall be equal before the
law and act according to law;
(b) Administration of justice shall be
conducted independently; it shall be done in public; and there shall be right
of defence and right of appeal.
(c) There shall be constituted Pyidaungsu
Taya Hluttaw at central level, regional Taya Hluttaw in each region and courts
in areas, districts and townships.
(d) No penal law shall have retrospective
effect and, for the State to exist in perpetuity with further burgeoning of
eternal principles of justice, liberty and equality, no punishment shall be
meted out in violation of human dignity.
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
The Tatmadaw is a National Tatmadaw which
came into being along with national politics, in response to the needs of the
nation and out of endeavours of the nation. So it should be laid down as
fundamental principle that the Tatmadaw shall participate in legislative and
executive fields.
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
It is proposed that a fundamental principle
be laid down for the Tatmadaw to have right to plan and manage as necessary for
participation of the entire people in building a single Tatmadaw.
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
A fundamental principle should be laid down
to empower the Tatmadaw to control regional emergency situations and to plan
and manage as necessary.
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A fundamental principle should be laid down
to empower the Commander-in-Chief of the Defence Services to secure and
exercise powers of the State according to law when there arises a state of
emergency covering the whole country.
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The State should provide assistance and
support for uplift of life of the people, for increasing and developing
investments within the country; boosting production and distribution of goods,
and investments and stabilising commodity prices; the State should promote
national economy that permits all economic forces to participate in raising
commodity production, increasing export of finished products, and in trade and
commerce. Fundamental principles to this effect should be laid down.
A fundamental principle should be laid down
for the State to bring forth an all-round applicable education system aimed at
promoting livelihood leading from the classroom to the worksite in addition to
objectives of physical, mental, moral, aesthetic and vocational development.
A fundamental principle should be laid down
for the State to facilitate public pursuit of intellectual and technical
knowledge and public health, taking into consideration the short-term and
long-term interests of the State; and for the national working people on their
part to assist and support the State in these endeavours.
The peasantry plays the main role in
agriculture. It is necessary for them to have appropriate right to farm and
produce goods in accord with time and place, the right to make full use of
their own labour in their worksites during working hours and guarantee of an
appropriate value. In addition, they should be provided with necessary farming
techniques and investments. A fundamental principle be
laid down to that effect.
With aims at serving the interests of the
peasantry, the State should lay down a principle incorporating the following
points:-
(a) To form class organizations of the
peasantry systematically;
(b) to hold
seminars;
(c) to give the
peasantry the right to cultivate and produce freely, and the right to store,
transport, process and sell their produce freely;
(d) as the peasantry
represents about 85 per cent of the total population of the country, peasant
representatives should be included to shoulder national political duties in
various levels of the State's administrative sphere. A fundamental principle
should be laid down to enable their participation through formation of peasants organizations from primary to central level.
Fundamental principles should be laid down to
give workers right to due wages, right to worksite harmony, right to social
security, assistance in the form of technology, investment, machinery and raw
material supply for development of industries and provisions for protection of
their interests.
As regards State service personnel, a
fundamental principle should be laid down for the State to do its best for
workers, to stay clear of politics and enjoy security of employment and for
their food, clothing and shelter, social security and welfare.
A fundamental principle should be laid down
for the State to do its best for food, clothing and shelter, social security
and welfare of persons who retire from service.
A fundamental principle should be laid down
to endeavour for development of the five strengths in youths.
A fundamental principle should be laid down
to enable women to enjoy equal rights as men and to enjoy the rights concerning
maternity.
A fundamental principle should be laid down
to give freedom of worship and to prohibit misuse of religion for political
purposes.
A fundamental principle should be laid down
for the State to endeavour for development and preservation of national
culture.
A fundamental principle should be laid down
to practise an independent, active and non-aligned foreign policy and to
maintain friendly relations between one another.
I conclude proposing that a fundamental
principle should be laid down to the effect that the fundamental principles are
to be followed in enacting laws and to be taken as guiding principles in
interpreting the laws.
Worker Delegates; Group: A 36-page proposal was read in three parts [salient
points]:
I am worker delegate to the National
Convention of Kyaing Tong Township in Shan State (East) U Bo Thein.
At the Plenary Session of the National
Convention, I will present, on behalf of the worker delegates group of the
National Convention, fundamental principles that should be included in the
Chapter One "State Fundamental Principles".
The worker delegates to the National
Convention would like to present the following fundamental principles that should
be included in the Constitution and State fundamental principles.
(1) This nation is a sovereign independent
nation; independent sovereign powers, political, social, economic and military,
free from dependence on another country, free from foreign dictation, shall be in force throughout the country.
(2) Political system of the State is the
multi-party democracy political system based on genuine democracy prescribing
Our Three Main National Causes as the basic policy of the State.
(3) The three powers of the State namely
legislative, executive and judicial powers are to be exercised independently
and separately according to law.
(4) The State is the ultimate owner of all
the land and resources above and below the ground, in the water and under water
and in the atmosphere.
(5) The State shall prohibit mixing of
politics and religion; there must be a distinct line drawn between the two.
(6) The State shall strive for development
and preservation of national culture of nationalities.
(7) The State shall pursue independent,
active and non-aligned foreign policy and co-operate with other countries on
the basis of amity and equality.
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In connection with fundamental principles on
economy, I would like to present, on behalf of the worker delegates to the
National Convention, the following principles to be prescribed in the
Constitution.
(1) The State economic system shall have
right to operate in accord with market economic system compatible with
objective conditions in the country, so as to be able to maintain international
relations on equal footing.
(2) The economic system practised by the
State shall not be a burden for the citizens, peasants and workers; it shall
allow the State to have opportunities to engage in vital undertakings.
(3) The State shall create new farmland for
the peasants; it shall also create opportunities to strive to get technical and
material requisites of commodity production, commodity distribution and
investment.
(4) In implementing projects for economic development
of the country, the State shall exert supervision on extraction of State-owned
resources by economic forces such as State organizations, regional
organizations, cooperative organizations, joint ventures and private
organizations to be in accord with the interests of the people.
(5) National economy should be shaped in such
a way as to permit all economic forces to participate in endeavours for raising
commodity production in general, boosting exports of finished products and
expanding commercial activities.
xxxxxxxxxxxxxxxxxxxxxxxx
I will now discuss and present fundamental
principles on the State structure.
(1) The boundary of the State shall be the
same as that of the present incorporating the land, atmosphere and waters of
the State.
(2) The State is a Pyidaungsu Naing-Ngan
where all national races live together sharing tranquillity and adversity, all
eggs and nest intact, with the concept that no area of the State shall ever
secede from the Pyidaungsu.
(3) The Pyidaungsu Myanmar Naing-Ngan-Daw is
constituted with the existing 14 States and Divisions as regions of equal
status.
(4) States and Divisions should be renamed,
with reuse of historical names as Kanbawza, Kantarawady etc. which are more
natural and more in the nature of unity among the nationalities.
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In connection with the fundamental principles
on the Head of State, we, all the worker delegates, unanimous propose the
following:
The Head of State is the President; the State
practises the presidential form of government with full authority.
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Concerning legislature, fundamental
principles should be prescribed as follows:
(1) There shall be two chambers, a Hluttaw
representing the people and another Hluttaw equally representing 14 regions of
States and Divisions.
(2) The two Hluttaws shall include
representatives nominated by the Defence Services Commander-in-Chief.
(3) There shall be distribution of
legislative, executive and judicial powers between the central and regional
organs of power.
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In matters concerning the executive branch,
fundamental principles should be laid down as follows:
(1) Executive powers of the State shall be
distributed between central and regional organs.
(2) To narrow down the development gap
between different regions as much as possible and to place emphasis on
development of less developed nationalities.
(3) Within regions of the State, it is
necessary to constitute self-administered areas; it shall be done with
necessary restrictions; and executive powers are to be delegated to
self-administered areas.
(4) The State shall do all it can to see that
service personnel stay clear of party politics and enjoy guarantee of service
security; to ease food, clothing and shelter conditions of service personnel
and retired service personnel.
(5) Central, regional, self-administered
areas and district organs shall be constituted with elected representatives and
Tatmadaw representatives proportionately.
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In connexion [sic] with judicial affairs, it
is proposed as follows:
(1) There shall be Pyidaungsu Taya Hluttaw at
central level and regional Taya Hluttaw in each region.
(2) Courts shall be set up in the
self-administered areas, districts and townships for administration of justice.
(3) Administration of justice shall be
independent and in accord with law; it shall be conducted before the public
unless prohibited by law; and there shall be the right of self-defence in court
cases.
(4) No penal law shall have retrospective
effect.
(5) Punishments shall not be meted out in
violation of human dignity.
(6) No citizen shall be placed in custody for
more than 24 hours without prior authorization of the competent court.
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Concerning the Tatmadaw, fundamental
principles should be laid down as follows:
(1) The Tatmadaw is responsible for
safeguarding Our Three Main National Causes.
(2) The Defence Services Commander-in-Chief
is the head of all armed organizations.
(3) Representatives nominated by the Defence
Services Commander-in-Chief shall take part proportionately in the legislative
Hluttaws and executive organs.
(4) The Tatmadaw shall not be under the
influence of any political party; it should be a strong, modern, single
Tatmadaw.
(5) The Tatmadaw has the right to
independently manage its own affairs; Only the
Tatmadaw itself shall do so.
(6) Every citizen of age shall undergo
national service.
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The following should be laid down as
fundamental principles under the chapter heading "Fundamental principles
on citizens and their fundamental rights and responsibilities".
(1) All citizens are equal before the law.
(2) Personal freedom and security of every
citizen should be guaranteed.
(3) Every citizen shall have freedom of
press, freedom of expression, freedom of worship, freedom of faith and freedom
of promoting the respective language, literature, culture and customs of
nationalities according to law.
(4) Every citizen has the right to settle and
reside in any place within the State in accord with the law.
(5) Religion shall not be misused for
political purposes.
(6) For development of citizens, peasants and
workers, the State shall provide protection for their responsibilities and
rights.
(7) Women shall enjoy equal rights in
employment as men; and married women in service shall enjoy maternity benefits.
(8) The State shall plan and manage for
youths to have strong patriotism and correct outlook and development in the
Five Strengths.
(9) The State shall establish a modern
education system that will facilitate nation-building activities; it shall be
based on a stable all-round education system that will contribute towards
physical, intellectual and moral development and livelihood.
(10) The State shall strive, and the people
shall assist, to raise living standards of the people, to develop education and
health and to help people who can work get suitable jobs.
(11) The State has responsibility to provide
and care for the aged.
(12) The State shall strive with momentum to
quash and ward off all dangers that will defoliate mankind [sic].
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Fundamental principles on elections are
presented below:
(1) The President shall be person who has
experience - political, administrative, economic, military etc. - not a person
who owes allegiance to another country, and shall be a person who can pass
scrutiny on personal wealth and property.
(2) The President shall be a citizen and
national loyal to the State and citizens; the spouse to be an issue from two
generations of citizens.
(3) The President shall be elected by the
presidential electoral college.
(4) Every citizen shall have the right to be
elected, the right to elect, and the right to recall one's elected
representative.
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In connection with political parties, the
following is proposed as a fundamental principle to be laid down:
Political parties shall be formed
systematically according to law.
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In connexion with states of emergency,
fundamental principles should be laid down precisely and firmly as follows:
(1) The Defence Services Commander-in-Chief
has the right to secure and exercise State power in accord with the provisions
of the Constitution upon arising of a state of emergency concerning the whole
country.
(2) It shall be prescribed such exercise of
State power by the Defence Services Commander-in-Chief in such a state of
emergency shall be only for a definite period prescribed by the Constitution.
(3) It shall also be established that, under
the Emergency Provisions, the Tatmadaw has the right to deal with the situation
for the rule of law, public security and tranquillity in accord with emergency
provisions of the regions concerned if there arises in some regions of the
State threats to public security and public life and property.
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Relevant law shall be enacted to make
amendments, additions and cancellations in the Constitution.
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As regards general provisions, the following
is proposed for inclusion as a main fundamental principle:
These fundamental principles are ones that
shall be adhered to by the Legislative Hluttaw in promulgating laws; they shall
also be taken as guiding principles in interpretation of the Constitution and
other laws.
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I have now come to the conclusion in
presenting, on behalf of the worker delegates, the fundamental principles that
should be included in the No 1 Chapter Heading "State Fundamental
Principles" taking into account all causes and effects in a consistent
manner.
Intellectual
& Intelligentsia Delegates; Group: A 57-page proposal was read by two
delegates [salient points]:
I am Daw Po, Professor of Myanmar Language
and Literature, a delegate of the intellectual and intelligentsia delegates
group to the National Convention. The paper to be submitted now will be read
together with me by Writer U Myth Thu (Tekkatho Myth Thu) and Daw Ye Ye Myint,
Associate Professor of the
Regarding the State, we would like to suggest
the following fundamental principles:
(a) Myanmar Naing-Ngan-Daw is a State wherein
our kinspeople of various national races live together sharing tranquillity and
adversity, eggs and nest intact.
(b) "
(c) Sovereignty of the State shall cover the
entire country.
(d) The territory of the State shall be as it
is on the day this Constitution is adopted. It shall be a territory which is an
indivisible consolidated whole. No part thereof shall secede from it nor shall
any part be sliced off from it.
(e) The State shall be constituted with 14
regions of equal status as a united and strong Pyidaungsu Naing-Ngan-Daw based
on justice, liberty and equality. Self-administered areas may be designated
where necessary within some regions.
(f) The State shall be called
"Pyidaungsu Thamada Myanmar Naing-Ngan-Daw".
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Regarding separation of sovereign powers, the
intellectual and intelligentsia delegates group considers the following
principles suitable to be adopted:
(a) The three sovereign powers of the State -
legislative, executive and judicial - shall be separately exercised with a
system of reciprocal control between them.
(b) In such separate exercise of the three
sovereign powers, the way shall be open not only for political parties but also
for the State's nationalist forces to participate in the affairs of the State.
xxxxxxxxxxxxxxxxxxxxxxxx
Regarding legislation, the following
fundamental principles are presented:
(a) There shall be two chambers of Hluttaws
to effectively promote in legislative sphere the practice of multi-party
democracy and the interests of the national people.
(b) Persons assigned by the Defence Services
Commander-in-Chief shall be included as representatives in the two Hluttaws and
in regional Hluttaws if they are formed in regions of equal status
(c) Appropriate numbers of representatives of
national peasantry, workers, intellectuals and intelligentsia shall be selected
and assigned to the central-level Hluttaws and regional Hluttaws.
xxxxxxxxxxxxxxxxxxxxxxxx
Our country for various reasons is not as
developed as our neighbours. It is now time to move without delay and carry out
nation-building works. So we should opt for the system of President taking
complete responsibility and control of the State administrative machinery. So
the following fundamental principle should be included:
The executive system of the State shall be a
system wherein the President takes leading responsibility.
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For separate exercise of the three powers and
for prevalence of law, it should be prescribed that "Administration of
justice in the State shall be independent".
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It should be prescribed that "All
citizens shall be equal before the law".
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It should be prescribed that "No penal
law shall have retrospective effect".
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Regarding the administration of justice, the
following should be prescribed as fundamental principles:
(a) All citizens, irrespective of race,
religion, status and sex, shall be equal before the law.
(b) No penal law shall have retrospective
effect. A case shall be judged under the law which was in force at the time of
the offence.
(c) Punishments shall not be awarded in
violation of human dignity.
(d) In the State -
(i) Law courts shall be formed at different
levels, namely Pyidaungsu Taya Hluttaw, regional Taya Hluttaws,
self-administered area and district law courts and township law courts.
(ii) Administration of justice shall be
independent with responsibility to the Constitution.
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The intellectual and intelligentsia delegates
group suggests the following fundamental principles to be provided in the
Constitution to enable the Tatmadaw to participate, in accordance with the
Constitution, in the affairs of the State in establishing a new State in
future:
(a) Safeguarding the Three Main National
Causes, namely non-disintegration of the
(b) The Tatmadaw, having been born of the
national people along with the struggles for independence, shall be a national
Tatmadaw which always upholds the interests of the people in the fore, which is
one with the people and which believes in the strength of the people.
(c) Political parties shall not interfere or
exert control in the affairs of the Tatmadaw; this is in order not to undermine
solidarity of the Tatmadaw.
(d) The Tatmadaw shall stay clear of party
politics and not be partial for or against any of the political parties, formed
in accord with law, in election campaigns.
(e) All the armed organizations, including
the people's police force, shall be under the control of the Defence Services
Commander-in-Chief, who shall take necessary action for the prevalence of peace
and tranquillity and in the defence of the State.
(f) To ensure stable and dynamic leadership
in the Tatmadaw, to uphold fine traditions of the Tatmadaw and to build a
modern Tatmadaw, the Defence Services Commander-in-Chief shall have the right
to independently plan and manage the affairs of the Tatmadaw in conjunction
with the policies of the State.
(g) There shall be the right for Tatmadaw
representatives to take part, in appropriate proportions, in legislative
Hluttaws at different levels and administrative organs at different levels so
that the Tatmadaw would be able to participate in the affairs of the State hand
in hand with other nationalist forces of the country.
(h) The Tatmadaw shall also perform other
duties as prescribed by the Constitution.
(i) The Tatmadaw shall constantly adhere to,
respect and safeguard the Constitution.
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The following are the fundamental principles
suggested for the economy:
(a) The State is the ultimate owner of all
natural resources above and below the ground, above and beneath the waters and
in the atmosphere, and it shall conserve, protect and safeguard them.
(b) The State, cooperative, joint-venture and
private sectors shall have the right to independently participate in the
economy of the State.
(c) The State shall pursue national economic
policies that are directed towards common welfare and long-term interests,
without harming national economic interests.
(d) Laws shall be enacted to prevent
profiteering buy wrongful ways and monopoly of ownership.
(e) "Norms" suited to Myanmar
Naing-Ngan shall be designated for promoting the quality of goods manufactured
and sold by the citizens and keeping up the efficiency of related services.
(f) A 'Social and Economic Commission' shall
be formed for providing counsel for the success of the economic system of the
State.
(g) Measures must be taken for the progress
and modernity of production from farms, meat and fish sectors and from forests
and for development of domestic industries based on them.
(h) The State shall be in the lead for laying
an infrastructure essential for the development of national economy.
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The following are the fundamental principles
regarding education:
(a) Education in Myanmar shall be directed
towards literacy for all citizens.
(b) Every child of the citizens shall be
provided with free and compulsory primary education.
(c) Measures shall be taken for all-round
development in middle and high school level education.
(d) Emphasis must be laid on extensively
prescribing vocational education.
(e) In higher education, efforts must be
directed towards modernity, progress and development of art, science and other
technological subjects and emergence of outstanding skilled intellectuals and
technicians.
(f) Plans must be made and implemented for
the development of research services and for their application.
(g) Art, scientific and technological knowledge
including the nature and aspects and practices of democracy must be
disseminated among the people.
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Fundamental principles on health are
suggested as follows:
(a) Every person shall be entitled to primary
health care services oriented towards development in health sector in the
entire country.
(b) Ways and means must be sought within the
framework of law for recovering costs on primary health care services.
(c) Encouragement and incentives must be
given to cooperative, joint-venture [and] private sectors to enable them to
come to participate extensively in primary health care services.
(d) Promotion of sports and physical
education work must be carried out in a national movement.
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We would like to submit the following
fundamental principles concerning the literature, culture and fine arts:
(a) "Literary and cultural
policies" must be laid down by the State for revitalization and
preservation of Myanmar literature, cultural matters and fine arts and for implementing
measures for their development in keeping with times.
(b) The State shall give encouragement and
incentives within the context of national culture to endeavours for the
revival, innovation and creation of literature, culture and performing and fine
arts.
(c) The State, in cooperation with
well-wishers and social organizations, shall create conditions for children,
young women and the aged who do not have any means of reliance for their
livelihood to enable them to enjoy physical and spiritual wellbeing.
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We would like to put forward the following
fundamental principles regarding mass and class organizations.
(a) The State shall protect the welfare of
peasants, workers, intellectuals and technocrats and members of other mass and
class strata.
(b) Peasants, workers, intellectuals and
technicians and members of other mass and class strata shall have a role in
national politics of the State.
(c) The State shall cultivate youths to have
them equipped with strengthening patriotic spirit, correct ideological outlook
and physical, intellectual and moral development.
(d) Measures must be taken for steering
government employees clear of party politics and enabling them to have on-job
assurances and for bringing about welfare for retired personnel.
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The following points are considered
appropriate to be designated as fundamental principles:
(a) The State shall undertake measures for
national consolidation, ensuring mutual assistance, equality of status, mutual
trust, reliance, respect and love and development in all sectors.
(b) The national races shall enjoy freedom to
profess religions of their choice and freedom of speech and publication for
their religions, for the use and development of their cherished languages and
literatures and for following their cultural traditions provided that enjoyment
of such freedoms is not contrary to the laws or public interest.
(c) All nationals have the duty to uphold and
defend Our Three Main National Causes namely, non-disintegration of the
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Fundamental principles regarding foreign
policy are suggested as follows:
Myanmar Naing-Ngan-Daw shall adopt an
independent and active foreign policy, adhering to the principles of peaceful
co-existence.
xxxxxxxxxxxxxxxxxxxxxxxx
As rights of citizens are
prescribed it will also be necessary to formulate codes of conduct and
disciplines to be followed by them.
It is therefore suggested that the following rights and responsibilities are to
be formulated as the fundamental principles.
(a) Every citizen should enjoy the rights
such as freedom of expression, freedom of organization, freedom of press, freedom
of faith and worship, freedom of thought and freedom of upholding one's
traditions according to law.
(b) Every citizen, regardless of race,
religion or sex, is equal before the law.
(c) Women should enjoy equal political,
economic, employment, social and cultural rights as men commensurate with one's
own physical and intellectual efforts and diligence.
(d) Every citizen should have the right to
elect candidates of one's choice in elections of the State at different levels
and the right to stand for election according to law.
(e) Every citizen should have the right of
inheritance according to law.
(f) Every citizen should be duty bound to
abide by laws promulgated by the State.
(g) Every citizen should observe the rules of
conduct and civic duties.
(h) To abstain from mixing of religion and
politics [sic].
(i) Rights and responsibilities of citizens
should be prescribed by law.
(j) Every citizen should be duty bound to
undertake military service for the defence of the State.
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Political parties are responsible for
educating and organizing the people for non-disintegration of the Union,
non-disintegration of national solidarity, perpetuity of sovereignty and
flourishing of genuine multiparty democratic practices. In doing so, they are
to abide by the laws and rules systematically; then only will the democracy
thrive and they serve the interests of the country and the people. Hence the
following should be included in the fundamental principles of the State:
Establishment of political parties,
organization by speech and by publications and their dissolution should be
permitted according to law.
The following fundamental principles should
be included under the General Provisions:
(a) Appropriate laws should be enacted to
ensure effectiveness and comprehensiveness regarding freedom, rights, benefits,
responsibilities and prohibitions as prescribed by the Constitution.
(b) Fundamental Principles of the State in
the Constitution are the principles that must be abided by when the in-coming
Legislative Hluttaws promulgate laws; they should serve as guiding principles
in the interpretation of provisions in the Constitution or those of other laws.
(c) The Sate should not be sued in connection
with the work done on the basis of the fundamental principles and guiding
points in the Constitution.
(d) An organization should be set up in
accordance with law to protect and safeguard the Constitution and deal with
problems in connection with the Constitution.
(e) The State is to prevent promulgation of
any laws contrary to public interests, those
disrupting the fundamental principles of the State and those which run counter
to the fundamental principles of this Constitution, nor to sign international
agreements and treaties of similar nature.
Conclusion
The intellectual and intelligentsia delegates
group does not stick to the idea that the principles it has presented are to be
included without fail. It will cooperate happily and in unity in accordance
with the wishes of the majority.
(NLM 8/12)
Aug. 12:
State
Service Personnel Delegates; Group: An eight-part 180-page proposal was read by
U Win Zaw Nyunt, U Hkun Ba Yin, Lt-Col. Zaw Win, U Kyaw Aye, Brig-Gen. Win
Hlaing, Capt. (Navy) Thein Ngwe, Daw Khin Than Tin, and U Tun Shwe [salient
points as printed in NLM]:
So far away would it be from the situation
today when there is peace and tranquillity in the country and we are hold the
National Convention to lay down principles to write a firm State Constitution
vitally important for building the nation, had the Tatmadaw not safeguarded the
Union by assuming State responsibilities during the 1988 disturbances, the
Union would have disintegrated after suffering wartime disaster with flowing of
blood and piling of bones of the people on account of fighting for power by
those who did not care if the Union disintegrated or vanished into servitude.
In order to avert such disaster and disintegration of the Union the Tatmadaw
unavoidably assumed the State responsibilities and it adopted
"non-disintegration of the Union" as the first and foremost of
"Our Three Main National Causes". Hence, we submit the principle of
"Building the State along Pyidaungsu system".
We propose
"To constitute the
State with the existing 14 States and Divisions as regions of equal
status."
xxxxxxxxxxxxxxxxxxxxxxxx
As national solidarity is of utmost
importance, speeches of the Commission Chairman and the Work Committee Chairman
delivered on 7 June 1993 observed that the existing seven States and seven
Divisions should be designated as major regions of equal status.
xxxxxxxxxxxxxxxxxxxxxxxx
As they are to be designated as regions of
equal status, they should not be differentiated as States and Divisions but be
given appropriate and specific term. What to call them - regions as proposed by
both chairmen? or state? or a
better term? - is a matter to be discussed extensively; so it would be more
appropriate to discuss it in detail when we get to discussions on the Chapter
"State structure".
xxxxxxxxxxxxxxxxxxxxxxxx
We will now present in connection with the
principles "to set up suitable self-administered areas in the regions as
necessary".
A fundamental principle should be laid down
to set up self-administered areas where necessary so that local affairs,
township affairs, social and cultural affairs and customs of the national races
who reside closely and unitedly in the area concerned can be taken care of
according to the wishes of the majority.
To determine which national races are to be
granted the self-administered areas we will need relevant statistics; so, we
should discuss it in detail after getting relevant statistics and when we deal
with the chapter heading "State Structure".
xxxxxxxxxxxxxxxxxxxxxxxx
It is true the most basic concept is that
"there shall be no secession ever of any territory from Myanmar
Naing-Ngan". The Union of Myanmar had emerged on account of unity of all
the national races and it will be of benefit for all the national races, in the
future too, only if the
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Hence, to be safe from the main danger to the
xxxxxxxxxxxxxxxxxxxxxxxx
In adopting "Our Three Main National
Causes" to be upheld by all the national people, "perpetuation of
sovereignty" is included as one of the three main national causes.
xxxxxxxxxxxxxxxxxxxxxxxx
Parties with definite political objectives,
policies and working styles aimed at serving the Three Main National Causes and
parties that cherish
xxxxxxxxxxxxxxxxxxxxxxxx
[President, and his
qualities] As to how we shall elect our President, we have to ponder in detail
in the light of the course of political development of our nation and the
situation of the life of our national people. These we will discuss in detail
when we come to the heading Head of State.
For now we present the fundamental principle:
"The Head of State is the
President".
xxxxxxxxxxxxxxxxxxxxxxxx
The President who will lead the entire nation
has to have leadership qualities. He will have to decide and act promptly,
effectively and successfully after an honest and just appraisal of objective conditions
and the basic requirements in the country in the light of the world situation.
He must be able to formulate correct policies and programmes and be able to
spot errors and correct them in implementation as well.
xxxxxxxxxxxxxxxxxxxxxxxx
I will elaborate on why the President has to
have a rich store of knowledge and experience in political, economic,
administrative and military affairs. In the political aspect, the President
will have to deal with numerous problems such as the problem of building manpower
to strive for solution of the problem to ease food, clothing and shelter
situation of the 42 million population of Myanmar Naing-Ngan; the problem of
providing leadership for having the entire people constantly serving the
interests of the country and its citizens through organizational and
authoritative means; the problem of possible outside interferences and attacks
when constructive efforts are being made for national welfare; the problem of
possible conflicts among the multi-parties arising out of their attempts to get
into power; and the problem of possible attacks at home and abroad against Our
Three Main National Causes; and so forth. Under such circumstances, he needs
political wisdom and experience to solve problems based on political experience
and lessons drawn from history. Moreover, he should be far-sighted to be able
to visualize the future. Then only will he fulfil his political duty.
As regards the economy, he may not be
permitted by situation to know as much as trained economists, but he needs to
know basic principles such as the nature of demand and supply, the balance of
trade, gross domestic product and gross national product, investments, and
investment-generating natural resources etc. Furthermore, he has to have economic
outlook to compare the economies of one's own and neighbouring countries and
find ways to bring about improvements in the future, to formulate plans and
motivate the driving force for the success of the plans. Only then will he be
able to serve the national interests.
Another point concerns administrative
outlook. He needs to know a leading executive's duties such as inspection,
supervision and taking action to keep the administrative machinery running
smoothly; taking effective action in the interest of the country against those
who act counter to the country's interests and effectively commending those who
serve the interests of the people. Only with administrative outlook will he be
able to perform such functions as keeping in constant contact with the people,
always harking at the wishes of the people and assigning administrative
officers to solve problems of the people.
As for military matters, he must have
military knowledge and military outlook one way or the other, either by having
served in the armed forces, or by having taken military training or by having
studied military science. It is said that war is continuation of politics by
other means. In other means, the highest level is war fought with the use of
arms. As various other means of warfare may be used such as
felling by economic means, swallowing up by cultural means and religious and
racial means, suppressing by educational means and breaking up national spirit
of women by various means. Hence the need for military
outlook. In the history of world civilization there exist eight pillars
namely, economics, social relations, politics, religion, science and
philosophy, literature and music, love for beauty of environment and famous
leaders. A national race who can keep these pillars form will flourish and one
that cannot will fade out and vanish. So a President has to have a cold war
outlook just as he has to know such things as stages of armed conflicts,
defensive, defensive-based offensive, offensive, etc. The President must have
such military views. Vo Nguyen Giap of Vietnam had not attended military
academies but he got well acquainted with the nature and basic principles of
warfare and so became an able and successful military leader. That is why it is
proposed that the President needs to be a qualified person possessing
political, economic, administrative and military outlooks and experiences.
It is necessary for a President to be a
citizen born of national citizen parents loyal to the State. Only those of true
lineage love their lineage. Only those who love their lineage are loyal, Only those who are loyal serve the good of the people.
xxxxxxxxxxxxxxxxxxxxxxxx
[Three branches of government] In seriously
thinking of creating good conditions for flourishing of genuine multi-party
democracy, it is found that the three branches of sovereign powers namely,
legislative power, executive power and judicial power need to be exercised
separately as much as possible to prevent misuse of democratic rights and
freedoms. To quote John Adams, "the nation which will not adopt an equilibrium of power must adopt a despotism. There is no
other alternative". With further reference to him, C. Wright Mills said
"As developed by the men of eighteenth century, equilibrium, or checks and
balances thus becomes the chief mechanism by which both economic and political
freedom were guaranteed and the absence of tyranny insured among the sovereign
nations of the world".
xxxxxxxxxxxxxxxxxxxxxxxx
If the elements of democratic system such as
noblest and worthiest values of justice, liberty and equality are to flourish,
separation of power and division of power of the three branches of sovereign
powers is to be practised without fail. It is of utmost importance to maintain
check and balance between persons and organizations that can separately
exercise them. In doing so, the legislative power is to be entrusted to the
Hluttaws, the executive power to the President, and the judicial power to the
courts.
The legislative, executive and judicial powers
are to be exercised harmoniously. Similar exercise of powers in the regions
will strengthen national solidarity; and respect for traditional cultures of
nationalities.
Hence, taking into account historical trend
of our country, flourishing of genuine multi-party democracy and that of
noblest and worthiest values, we propose the fundamental principle:
"The three branches of sovereign powers
- legislative, executive and judicial powers - shall be exercised as separately
and independently as possible.'
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[Legislature] We will now present the
fundamental principle,
"Two chambers of Hluttaw - one
representing the people at the central level and another representing equally
the 14 States and Divisions shall be constituted in the legislative
sphere".
xxxxxxxxxxxxxxxxxxxxxxxx
The noblest and worthiest worldly values of
justice, liberty and equality will flourish only when the sovereign powers
namely, legislative, executive and judicial powers are exercised independently
and separately.
For that the Hluttaw representing the people
at the central level and the Hluttaw representing equally the 14 States and
Divisions shall enact and revise laws and formulate economic plans for the
nation.
xxxxxxxxxxxxxxxxxxxxxxxx
The Union of Myanmar being home for the
national races the two Hluttaws are to exert reciprocal control in exercise of
legislative powers to ensure equal opportunities for involvement of all in
discharging national political duties.
xxxxxxxxxxxxxxxxxxxxxxxx
Questions as to how many members should be
there in regional Hluttaws and how to distribute legislative, executive and
judicial powers will be discussed in detail when the chapter headings are dealt
with. Now, we propose a fundamental principle "to constitute one
legislative Hluttaw in each of the 14 regions".
xxxxxxxxxxxxxxxxxxxxxxxx
[Tatmadaw participation] In ancient Greek
city states that practised direct or primary democracy, warriors not only
performed defence duties but also took part in the administration of justice.
Later in the Roman administrative system, many warriors participated in the
senate. Even in the parliamentary system of
Hence it is not unusual that Tatmadaw members
were seconded to participate, as necessary, in legislative hluttaws for serving
the welfare of the State and the citizens and safeguarding the sovereignty of
the State. It is arranged within hluttaws in accord with own objective
conditions and the world situation.
It is now time to tactfully guard against
such a fate as that of developing nations and small nations whose sovereignty
is in danger of being torn away by those taking foothold in and acting from
beneath the cover of the circle of international organizations.
In view of such subtle, profound
international situations and objective conditions in the country, it is
appropriate that members of the national Tatmadaw that has always served the
interests of the nation participate in due proportion in legislative Hluttaws,
as had been done in olden times and as is also being done as nothing new today,
it will be concurred by all those who truly desire to promote the interests of
the State and the citizens. Accordingly we propose the fundamental principle:
"To constitute
legislative Hluttaws with proportional inclusion of Tatmadaw
member-representatives nominated by the Defence Services
Commander-in-Chief."
Suggestions in detail on the allocation of a
suitable proportion for Tatmadaw representation will be put forward when we
come to the chapter heading on legislation concerned.
xxxxxxxxxxxxxxxxxxxxxxxx
[Presidential executive] In constituting the
states, the British constituted theirs as United Kingdom by unitary state
system and the Americans constituted theirs as United States of America by
pyidaungsu system.
In Britain, the Head of State and the Head of
Executive are separate entities. The constitutional monarch, who has no
executive power but influence, is the Head of State. The Prime Minister, who
has executive power and influence, is Head of Executive. In the United States
of America, there is no such separate entities as the
Head of State and the Head of Executive. There is only the President, who has
executive power as well as influence.
The difference between the two countries is
the fact that monarchic ruling system in Britain, in which generation after
generation of the royalty had ruling power, has taken its root and flourished
since ancient times. In the initial monarchic ruling system, sovereign power of
the country was exercised solely by the monarch who was the ultimate owner of
the lives of his subjects. Hmugyi matgyi (minsters) wanted to share sovereign
powers from the king. In so doing, official positions of Hmugyi matgyi, being
branches of the system, i.e. the monarch, would disappear if monarchic ruling
system was no longer practised. Hence, the position of the king was maintained
as the constitutional monarch. In constitutional monarchic ruling system, the
king wields influence as head of state with fitting facilities while
Nan-yin-wun (prime minister) was given executive powers as chief executive. In
that case, a cause for concern might arise. It was 'Will it be possible for two
ketharaza king lions to reign in a single cave?' There are two reasons that
make it possible - first, the king, having secured the right of rule for
generations, might be contented with the position of the head of state despite
the fact that he was influential but did not have executive power and secondly,
the prime minister, having got full executive power, might be contented with
the position of the chief executive despite the fact that he was not the head
of state. In this light, it was found that there was harmony between the king
and the prime minister. As such, the administrative system in Britain with
premier as the chief executive has existed up to this day and it is viewed that
it serves the country and its citizens.
In the United States of America, though,
there has been no such monarchic ruling system. So there is no need to have two
separate entities namely the head of state with regalia and influence and the
chief executive with full executive power. And so, there can be no
contradiction for the president elected by the electoral college to be vested
with powers both as the head of state and as the chief executive, like a single
ketharaza king lion reigning in a cave. It is seen that the presidential form
of executive system has not only existed up to this day it is also serving the
interests of the country and the people well.
xxxxxxxxxxxxxxxxxxxxxxxx
If I am to put it in essence, our country in
future will become a
Hence, we would like to present the following
principles suitable to be enshrined in the Constitution to be written in
keeping with changing international situations and in view of the historical
trend of our country:
"To adopt the
presidential system of executive power of the State."
We put forward this basic principle with
genuine goodwill in the interests of the State and the citizens.
xxxxxxxxxxxxxxxxxxxxxxxx
[Tatmadaw leadership] As is known to all the
Tatmadaw that has performed the task of safeguarding Our Three Main National
Causes and will do so in future was born for regaining independence of the
State, which in other words is the performance of our national politics. The
Tatmadaw formed with patriotic youths belonging to various national races under
the leadership of the Thirty Comrades led by Architect of Independence Bogyoke
Aung San constituted a national political force. It succeeded in regaining
independence of the State together with national races, sacrificing many lives.
The unity of the Tatmadaw was undermined to some extent by ill-effects spawned
by political parties, which put party politics in the fore rather than national
politics, and gradually disappeared with the collapse of cohesion and waning of
support of the people. However, a national force, the Tatmadaw, the unity of
which has been intact, has become consolidated with the passage of time for its
firm, correct stand for having stayed clear of party politics. Due to this, the
Tatmadaw has remained constantly stable and strong as a sole cohesive national
political force.
The following point is suggested to be
adopted as a basic principle:
"The Tatmadaw, which is the sole, firm
and enduring national political force with constant cohesion and unity, shall
continue leading in the cause of the entire people safeguarding Our Three Main
National Causes, that are the most fundamental in
national politics."
If we desire to take timely action and foil
attempts in various forms at home and abroad which are likely to cause
destruction of the State in its future course, we will need to consult and
co-operate with the Tatmadaw in national political leadership. As is known to
all, national politics is not just the affair of a particular party alone and
cannot be managed by a single party. The best way to serve the interests of the
people is to join hands with representatives of the Tatmadaw, an organization
endowed with fine historic traditions, unity and capability, deliberate on and
lay down policies and laws, and together carry out good programmes. There is the
saying that what cannot be achieved by one can be achieved by ten thousand. So,
a fundamental principle should be laid down as follows:
"For the Tatmadaw, which
is endowed with great traditions, to have the right to participate in a
deserving role in legislative duties of the State in addition to defence and
security duties, its primary duties."
[Tatmadaw modernization] If a study is made
of our neighbouring countries, it can be found that the armed forces in most of
them stand as 'mechanized armies', armies equipped with modern weapons. It can
be seen how much we have to endeavour to make our Tatmadaw equally strong and
modern to counter any external threat.
Historical experiences and contemporary wars
show that outdated weapons do not provide for effective defence capability. It
is highly essential for the Tatmadaw to be a modernized one equipped with
advanced military theories and techniques, modern technologies and scientific
developments in dynamic combination.
In international situation today, inter-country
relations are seen as dependent on economic progress and military might of the
countries concerned. Only when a country is economically and militarily strong
will it be regarded with respect by others. We specially cherish internal peace
and stability and international peace. We wish to live in peace and dignity on
international stage as a friendly and good-neighbourly nation desirous of
relations with other countries based on equality for mutual benefit. Some
countries are being misinformed about our country. Some are saying our Tatmadaw
is increasing its strength while major powers are effecting reduction in arms.
Some are creating obstructions - with instigations feigning good cries - at our
efforts to build our own Tatmadaw in accord with our natural conditions and
increasing population. They are falsely making it out as if we are oppressing
our own national races. In truth it may be seen that even those countries and
strongly-armed countries are still not strong enough to achieve a balance of
forces. We detest militarist aggression on another country. However under no
circumstances will we condone or accept any outside interference with our
fundamental right to shape our own destiny, any outside interference in our
internal affairs, and any aggression with use of force. Far from oppressing our
own national races, the Tatmadaw has always been striving to maintain and
promote fraternal amity and peace and tranquillity, as is known to all.
So, with due consideration of internal
situation, international situation, geographical conditions and increasing
population of our country, and international military buildup, the following
point should inevitably be adopted as a fundamental principle:
"To build the Tatmadaw
as strong, modernized and sole Tatmadaw."
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[Tatmadaw independence] What is more, the
Tatmadaw should have right to freely and independently manage its own affairs
including the planning of operations, deployment of forces, ensuring boundary
security, administration, military jurisdiction, formation, appointments,
training, logistics, military accounts, etc.
Obeying orders is good trait in the Tatmadaw.
The system of control in the whole Tatmadaw is that of obeying orders. Obeying
orders has been an essential requisite since it was formed and trained. The
good trait of obeying orders within the Tatmadaw has won many a battle. In this
way the Tatmadaw gained victory in the fight for
Independent management is essential for the Tatmadaw
in its giving training as regards 12 traditions, in the pursuance of the system
of obeying orders at different levels and in managing its own affairs. Hence,
the point -
"The Tatmadaw has the right to manage
its own affairs independently",
should be laid down as a fundamental principle.
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It will become necessary to safeguard the
fundamental principles to be adopted at the National Convention and the
Constitution to be written so as to be able to serve the interests of the State
and the nationals best. Safeguarding them will serve
the interests of the State and the nationals to the greatest measure.
xxxxxxxxxxxxxxxxxxxxxxxx
It is only the Tatmadaw which can provide
effective protection against attempts to amend or revise the Constitution
unnecessarily and threats to Our Three Main Causes. Hence, it should be
prescribed -
"The Tatmadaw shall take complete
responsibility for the perpetuation of the Constitution and for ever
strengthening of Our Three Main National Causes."
xxxxxxxxxxxxxxxxxxxxxxxx
[Political parties] If we are to direct our
efforts towards the welfare of the State in view of historical trend and the
current conditions, it is clear that political parties need to be formed strong
and solid with adherence to discipline and rules. What is more, only those
political parties with clear-cut, firm and resolute policies based on national
politics, the causes of non-disintegration of the
Hence, the point "Political parties are
to be permitted to be formed in accord with laws enacted for them to be those
which serve the interests of the State" should be adopted as a fundamental
principle.
[State of emergency] Although the
Constitution of India is drawn up and promulgated based on democracy, emergency
provisions are being included in order to effectively protect against the
dangers posed by acts which oppose national and democratic affairs and those
who wish to secede from
In the Constitution of France also, the
President has the right to declare state of emergency to thwart the dangers of
disrupting the implementation of tasks under the documents signed with
international organizations and the usual tasks being implemented by the
Government so as to protect the State organs of power and to safeguard the
independence and territorial integrity of the State. The President has a
co-ordinate with the speakers of two chambers of parliament and the
constitutional council to decide whether or not a situation has arisen to
declare a state of emergency. However, it is only the President who has the
right to make a final decision on whether or not an emergency situation has
arisen. In the same way it is only for the President to make a decision on how
to face the situation and the necessary arrangements and steps to be taken to
overcome the situation. In taking such steps, the President has the full power
to even act contrary to the constitution.
The delegation of such enormous powers to the
President by the Constitution to tackle and solve the emergency situation in
In our country also the Constitution was
drawn up promulgated once in 1947 and once in 1974 and provisions on how to
declare the state of emergency and what action to be taken were also included in
the Constitutions. However, they did not include any arrangements to hand over
the powers of the State to the Tatmadaw which had ably and effectively brought
the situation under control and protected the country against great dangers of
disintegration of the Union; disintegration of national solidarity; loss of
sovereignty of the State and danger to the lives and property of the people.
Hence, in the de facto emergency situations which arose in 1962 and 1988, the
powers of the State came into the hands of the Tatmadaw for non-disintegration
of the
Chairman of the National Convention Convening
Committee Lt-Gen Myo Nyunt on
"It would be necessary to lay down in
advance the rights and responsibilities of the Tatmadaw Commander-in-Chief to
be exercised at times of emergency. It is necessary to prevent the emergency
situation from arising. It is necessary to bestow without fail the full power
to act at times of emergency on one who can really protect and redeem the
country from such a situation."
According to the reasons which I have
clarified above, in laying down the fundamental principles of the State, I
would like to seriously propose to lay down fundamental principles: -
"Prescribing the right to enable the
Tatmadaw to take steps in protecting and safeguarding at times of regional
state of emergency if the situation is such that the security and the lives and
property of the people in some of the regions are affected and
endangered", and "prescribing the right for the Commander-in-Chief of
the Defence Services to take over the powers of the State in accord with the
provisions of the Constitution at times state of emergency throughout the
country arises due to wresting of State power by force such as insurgency or
efforts being made to undermine "Our Three Main National Causes".
[Summary] The summary our proposal paper will
include the following fundamental principles proposed to be set down: -
(1) to constitute
the State by a Pyidaungsu system;
(2) to constitute
the existing 14 states and divisions of the State as 14 regions of equal
status;
(3) to form and
prescribe as appropriate self-administered areas in these regions where
necessary;
(4) none of the
regions and self-administered areas that constitute the Pyidaungsu are ever to
secede from the Pyidaungsu;
(5) for the
perpetuity of the sovereignty;
(6) the political
system of the State must be a genuine multiparty democracy system;
(7) the territory of
the State shall be the land, sea and airspace as it is on the day the
Constitution is adopted;
(8) the Head of
State is the President;
(9) the President
shall be one who has political, administrative and military experience, must be
loyal to the State and a citizen both of parents whom are national citizens
loyal to the State;
(10) the President
who will lead and govern the State shall be elected by the President electoral
college;
(11) for the three
sovereign powers of the State, - the legislative, executive and judicial powers
- to be exercised separately as far as possible;
(12) for the legislative
power to reside in two chambers at the Central level - Hluttaw representing the
people and Hluttaw representing the 14 states and divisions on equal basis;
(13) to have a
legislative Hluttaw in each of the 14 regions;
(14) to have a
proportionate number of Tatmadaw representatives nominated by the Defence
Services Commander-in-Chief in legislative Hluttaws;
(15) for the State
to practise the system of executive headed by the President;
(16) for the State to make arrangements for
the State service personnel to stay clear of party politics and to see to their
food, clothing and shelter needs and welfare of retired service personnel;
(17) the
administration of justice shall be conducted independently and according to law
on the basis of following principles: -
- to hear and judge
cases according to law;
- to permit appeals
and revision applications;
- to give the right
of defence according to law;
- to conduct
administration of justice in public, except in matters restricted by law;
(18) no penal law shall
have retrospective effect and no punishment which would degrade the human
dignity shall be meted out;
(19) in exercising the judicial powers the
highest law court is the Pyidaungsu Taya Hluttaw; the highest law court in the
regions is regional Taya Hluttaw and law courts are to be constituted in the
respective self-administered areas, districts and townships;
(20) a tribunal in
connection with the Constitution shall be set up;
(21) the Tatmadaw is
a single force of national politics in the State that has remained united and
consolidated without disruption and the Tatmadaw is to continue to lead the
entire national people to safeguard "Our Three Main National Causes"
which constitute national politics;
(22) the Tatmadaw, in
addition to its original duties of defence and security, shall have the right
to participate and assist in implementation of legislative and executive
duties;
(23) Tatmadaw shall be built into a strong
and modern single Tatmadaw;
(24) the head of all
armed organizations in the country shall be the Defence Services
Commander-in-Chief alone;
(25) the Tatmadaw
shall have the right to manage all its affairs by itself independently;
(26) a strong and modern Tatmadaw shall be
built for strengthening national security and defence and in so doing, the
Tatmadaw shall be empowered to plan and manage for participation of the entire
people;
(27) the Tatmadaw
shall take the entire responsibility to give protection for stability of the
Constitution and for keeping alive and dynamic "Our Three Main National
Causes";
(28) all citizens: -
- irrespective of
race, religion, official status or sex, shall be equal before the law;
- shall have the right to elect or be elected
in accord with the Constitution or other relevant laws;
- shall have the right to enjoy benefits in
proportion to his or her own physical or intellectual capabilities and
diligence;
- [shall have] the right to enjoy the rights
and liberties based on justice, liberty and equality; based on culture and
traditions and based on respect for others interests under the democratic
rights;
- shall have the
right to reside in any region in Myanmar Naing-Ngan; to earn livelihood freely
according to law and to abide by the prescribed laws and discipline;
- shall in accord with law undergo military
training and be responsible to undertake military service;
- shall be under a duty to pay taxes and
duties as prescribed by law;
(29) formation of
parties systematically should be permitted by law so that they would turn out
to be parties which serve the interests of the State;
(30) the Tatmadaw shall have the right of
action in regional emergency situations for effectively protecting life and
property of the people upon emergence of situations threatening security, life
and property of the people in some regions;
(31) the Defence Services Commander-in-Chief
shall be permitted to secure and exercise State power in accordance with the
provisions of the Constitution in situations of emergencies concerning the
whole country, arising from attempts at taking over of State power by the use
of insurgency or use of force or attempting to do so;
(32) the economic
system shall be practised based on market economic system which should serve
the national economic interests;
(33) the State shall
be the ultimate owner of all the land, resources above and below the ground,
above and beneath the waters and in the atmosphere;
(34) the State shall
supervise the extraction and utilization of State-owned resources;
(35) the State is to
provide assistance and coordinate measures in production and distribution of
goods, investments and in stabilizing prices of goods;
(36) for bringing into effect the national
economy in which all economic forces could participate in boosting production
of general goods, stepping up export of finished products and in commerce and
trade;
(37) for the State
to provide necessary assistance as far as possible in techniques, investments,
machinery and raw materials for the development of agriculture and industries;
(38) for the education system to be modern
education system including vocational education that will ensure correct
thinking and good moral character and would serve the cause of building the
nation;
(39) for the State
to make arrangements and take necessary steps for improving public health;
(40) for the State
to take measures for development of national culture, for it to be firm and to
protect and preserve it;
(41) to allow all
citizens, irrespective of race or status to freely profess the religion of
one's choice; however, religion should not be misused for political purposes;
(42) to constantly
pursue independent and active and non-aligned foreign policy and to maintain
fraternal relations with other nations;
(43) for the State
to provide assistance and to take measures to reduce the development gap
between all the national races as much as possible;
(44) for the State
to safeguard the right and privileges of the peasants and workers;
(45) to make
arrangements for youths to have strong patriotic spirit, to have correct way of
thinking and to develop in Five Strengths;
(46) for women to
enjoy equal employment opportunities as men and for women service personnel to
enjoy rights regarding maternity;
(47) to make arrangements in providing
necessary assistance to Tatmadaw members who become disabled in order to ease
their food, clothing and shelter need and to look well after the wives and
children of Tatmadaw members who fell and to give special care to those who
become orphans of war;
(48) the fundamental
principles of the Constitution are those which are to be abided by in enactment
of laws by the Legislative Hluttaw and also to be taken as guiding principles
for interpreting the provisions of the State Constitution and other laws.
With this I conclude my presentation.
(NLM 8/13)
Aug. 13:
Other Invited Delegates; Group. A 38-page proposal was read by U Aung Hkam Hti
[salient points, as published]:
I am U Aung Hkam Hti of Special Region 6 of
other invited delegates group. I will present the proposals our group has
prepared under the chapter heading Fundamental Principles to the plenary
session of the National Convention today.
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State Fundamental Principles
1. Myanmar Naing-Ngan is a sovereign nation.
The nation shall be called Pyidaungsu Thamada Myanmar Naing-Ngan.
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2. Pyidaungsu Thamada Myanmar Naing-Ngan is
the home of various national races residing together in unity.
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3. The territory of the State shall be the
land, sea and airspace which constitute the territory on the day this
Constitution is adopted.
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4.(a) The Pyidaungsu Myanmar Naing-Ngan shall be
constituted with 14 regions enjoying equal rights. These regions shall be
called as approved by the national races.
(b) Appropriate self-administered areas may
be set up as necessary in these regions.
Clarification
(a) there are 14
regions included in the Pyidaungsu Thamada Myanmar Naing-Ngan. These 14 regions
may be named according to the wishes of the national races residing in the
respective regions. In discussing this principle, nine out of the 14 delegates
of the other invited delegates group suggested that the Pyidaungsu Myanmar
Naing-Ngan-Daw be constituted with 14 regions enjoying equal rights and four
delegates suggested that the present seven States and seven Divisions be
retained, and one delegate suggested that the present 14 States and Divisions
be transformed into 14 self-administered areas or 14 states of equal status.
(b) Self-administered areas are to be set up
as necessary in the 14 major regions depending on the special conditions.
(c) Citizens residing in the respective 14
regions may change the name of their regions.
5. None of the regions constituted in the
Pyidaungsu Thamada Myanmar Naing-Ngan, for any reason, shall secede from the
Pyidaungsu.
Clarification
None of the regions constituted in the
Pyidaungsu Thamada Myanmar Naing-Ngan, for any reason, shall secede from the
Pyidaungsu. All must always look forward to lasting existence of the Pyidaungsu
with eggs and nest all intact.
6. The Constitution of the Pyidaungsu Thamada
Myanmar Naing-Ngan is based on burgeoning of the noblest and worthiest worldly
values of justice, liberty and equality and on the genuine multi-party
democratic system.
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7. The Pyidaungsu Thamada Myanmar Naing-Ngan
shall practise the system of executive headed by the President.
Clarification
The executive head of the Pyidaungsu Thamada
Myanmar Naing-Ngan is the President. The system of executive headed by the
Prime Minister is found to be ineffective in bringing about national
development. Hence, the system of executive headed by the President is
formulated as a fundamental principle to serve the interests of the citizens
effectively.
8. National sovereignty shall cover the whole
country.
9. National sovereignty resides in citizens
inclusive of all the national races.
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10. Legislative, executive and judicial
powers of the State shall be exercised independently and separately.
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11. The three power of the State namely,
legislative, executive and judicial powers, are to be exercised independently
and separately at different levels of the organs of power.
12.(a) There shall be two Hluttaws - Pyithu
Hluttaw and Nationalities Hluttaw - in the Pyidaungsu Thamada Myanmar
Naing-Ngan-Daw.
(b) There shall be one Legislative Hluttaw in
each of the regions of the Pyidaungsu.
13. There shall be Tatmadaw representatives
nominated by the Defence Services Commander-in-Chief at different levels of the
Legislative Hluttaws.
Clarification
It is proposed so as to enable Tatmadaw
representatives nominated by the Defence Services Commander-in-Chief to perform
the State duties in accord with the No 6 objective of the National Convention.
14. Executive powers shall be exercised
independently and separately at the different levels namely, at the central,
regional and self-administered areas levels under the full authoritative
presidential form of government.
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15. Tatmadaw representatives nominated by the
Defence Services Commander-in-Chief shall participate in the State
administrative machinery from the central to the district levels.
Clarification
It means that Tatmadaw representatives
nominated by the Defence Services Commander-in-Chief are to take part in the
State's administrative machinery from the central to the district levels in
accord with the Objective No 6 of the National Convention.
16. In the administration of justice,
different levels of courts shall be set up at the central and in the regions,
self-administered areas, districts and townships.
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17. No penal law shall have retrospective
effect.
Clarification
It is proposed so as not to be detrimental to
the people and the accused in case the latter is taken to task once again for
an offence for which punishment has already been taken [sic--see No. 19].
18. The courts shall not mete out punishment
in violation of human dignity.
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19. No person shall be punished more than
once for an offence.
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20. Administration of justice shall be
independent and in accord with law. Administration of justice shall be
conducted before the public unless prohibited by law. There shall be the right
of defence and right of appeal.
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21. The highest court shall be bestowed with
power to decide disputes arising out of misinterpretations in connection with
the Constitution of the State. Or a court concerning the Constitution shall be
set up.
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22. The Tatmadaw being a consolidated force
born out of national politics, it shall participate in the national political
leadership role.
Clarification
Throughout the history of national politics,
the Tatmadaw has saved the nation many times. It won back independence for the
nation. It stands as a consolidated national force. It has taken control of the
country in situations and at times when there were dangers of losing sovereignty.
There have been instances of fine traditions in which it has always risked the
lives in serving the country. Hence, it is stated thus to enable the Tatmadaw
to play a national political leadership role.
23. The Defence Services Commander-in-Chief is
the head of all armed organizations in the Pyidaungsu Thamada Myanmar
Naing-Ngan-Daw.
Clarification
In the Pyidaungsu Thamada Myanmar
Naing-Ngan-Daw, the Tatmadaw is the legitimate armed organization. The head of
the Tatmadaw is the Defence Services Commander-in-Chief. It means that any
armed organizations in the country shall be under the command of the Defence
Services Commander-in-Chief.
24. The Tatmadaw itself has the right to take
charge of the affairs of the Tatmadaw.
Clarification
It is stated so to make it plain that the
Tatmadaw has the right to independently manage affairs of the Tatmadaw free
from interferences and interruptions.
25. The Tatmadaw shall safeguard "Our
Three Main National Causes" namely, non-disintegration of the Union,
non-disintegration of national solidarity and perpetuation of sovereignty.
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26. The Defence Services Commander-in-Chief
shall make necessary arrangements concerning armed units for maintaining peace
in the special regions.
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27. War veterans in the State may be
designated as the reserve force of the Tatmadaw.
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28. Every citizen shall learn military
science.
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29. Every citizen shall undertake military
service for a specified period for the defence of the State.
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30. Every citizen shall have freedom to
profess the religion of his or her choice; however, religion shall not be used
for political purpose.
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31. National races residing in the State
shall have full freedom to profess, develop, promote, teach, learn and publish,
in accord with law, religion, literature, language and the culture and customs
they cherish. The State shall provide assistance for their further development.
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32. Every citizen
(a) is equal before
the law irrespective of race, religion, status or sex;
(b) shall have equal
opportunities;
(c) shall have the
right of inheritance according to law.
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33. The State shall bring about all-round
development of the regions which lag behind in development. It shall attend
especially to life and property, economic, education, health and social affairs
of national races living in the border areas as well as to better communication
service in those areas.
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34.(a) Every citizen
shall have the right to freely undertake any vocation in any place provided he
is qualified. He can do so with equal opportunities regardless of race,
religion, status or sex.
(b) Every citizen shall enjoy equal wages for
jobs of identical nature.
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35. Every citizen shall have freedom of
speech, freedom of expression, freedom of organization, freedom of association,
freedom of press, freedom of assembly, freedom of procession and freedom of
staging demonstrations within the framework of law.
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36. Every citizen shall be under a duty to
abide by the provisions of this Constitution, as well as other laws promulgated
by the State.
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37. Every citizen shall be under a duty to
pay taxes and duties as prescribed by law.
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38. Laws may be enacted imposing necessary
restrictions and responsibilities to enable the citizens fully [to] enjoy
freedoms, rights and benefits prescribed by this Constitution.
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39. Every citizen shall have the right to
vote for representatives and to stand for election, in accordance with this
Constitution and other relevant laws.
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40. All citizens have right to recall,
according to law, representatives elected by them.
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41. People's representatives shall report to
the voters and shall seek the wishes of the voters and take necessary action
about them.
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42. The state shall practise genuine
multiparty democracy system.
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43. Political parties shall be permitted to
be formed according to the law and rules.
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44. The Defence Services Commander-in-Chief
shall have the right to use State power in accord with the provisions of the
State Constitution when there arises danger to Our
Three Main National Causes namely, non-disintegration of the Union,
non-disintegration of national solidarity and perpetuity of sovereignty.
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45. Provisions in the Constitution may be
amended according to the provisions of the Constitution.
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46.(a) The State is the
ultimate owner of all the land, resources above and below the ground, above and
beneath the waters, and in the atmosphere.
(b) Resources shall be utilized in
coordination among the organizations of the central, regional and
self-administered areas in accordance with the provisions of the Constitution.
(c) Resources shall be exploited under State
supervision by private citizen entrepreneurs, joint ventures at home and
abroad, cooperatives and local organizations in the interest of the nation and
its citizens.
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47. The State shall practise independent
national economic system based on market economy.
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48. In order to improve and strengthen the
independent national economic system, the State shall carry out tasks with
utilization of the following economic forces.
(a) State sector,
(b) regional
organizations sector,
(c) cooperative
organizations sector,
(d) internal-external joint ventures sector,
(e) private sector.
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49. The State shall set up the National
Economic Council to ensure success in the objectives of the independent
national economy.
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50. The State shall provide assistance to
ensure uniform development in regional and self-administered areas of less
economic development where national races reside.
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51. The State shall coordinate with regional
organizations to designate special economic zones and implement economic
enterprises.
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52. The State shall develop national economic
system by establishing economic industrial enterprises in areas where
availability of resources are favourable.
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53. The State shall provide easy access to
economic, industrial and scientific technologies conducive to the national
economic development.
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54. The State shall create favourable climate
to improve domestic and foreign investments which will contribute towards the
national economic development.
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55. The State shall help transform
traditional farming into mechanized farming in the agricultural sector; achieve
modern improvements in the industrial sector; and acquire appropriate
technologies, industrial machineries, investments, raw materials, experts and
water supply for agriculture.
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56. The State shall give encouragement for
freely conducting necessary researches and innovations in the mechanized
farming and industries. Successful inventors and innovators will be handsomely
rewarded. Measures will be taken to award patents for inventions.
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57. The State shall make efforts to enable every
child to acquire primary education fully.
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58. The State shall take measures to promote
education, health and sports standard by forming various high level committees
with the help of the public "strength".
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59. The State shall teach
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60. The State shall create conditions to
raise the standard of arts, science, technology, medical science etc. to the
world standard and to make contributions by blending the world education and
Myanma education.
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61. The State shall pursue independent,
active and non-aligned foreign policy and practise the principles of peaceful
co-existence with a view to maintaining peace and friendly relations among
nations.
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62. The State shall always safeguard the
interests and rights of the peasantry and manual and intellectual workers.
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63. The State shall work for a pleasant
atmosphere at work-sites, raising the standard of living, life security and
welfare of the State service personnel and easing the food, clothing and
shelter situation and welfare of the retired service personnel.
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64. Every service personnel shall keep clear
of party politics.
65. The State shall undertake public service
selection and training in order to get skilled service personnel for the
success of undertakings of the State.
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66. Priority will be given for selecting and
appointing the national races in the regions to fill up the required posts of
service personnel in regions and self-administered areas.
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67. The State shall develop the five
strengths of youths; strengthen their character, keep alive patriotic spirit in
them and train them to think correctly.
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68. The State shall protect and safeguard the
interests and rights of children.
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69. Women shall bet equal rights as men in
similar kind of occupation of work. Women shall enjoy full salaries before and
after childbirth. They shall also have a right to keep their children at day
nurseries.
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70. Women married to persons of any faith
shall not forfeit their original rights.
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71. The masses of womenfolk have
responsibility to keep alive patriotism in the world of women, increase
patriotic fervour in them, have the right kind of thinking and always keep to
the cultural traits in their mode of dressing.
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72. The State shall lay
down and practise a firm and stable monetary policy and basic principles in
monetary matters in the interests of the State and the citizens.
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73. These fundamental principles shall be
followed as guiding principles in interpreting the provisions contained in the
Constitution and provisions of other laws.
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I conclude with the note that our other
invited delegates made efforts with much patience and deliberated matters in
real earnestness, in unity and in a pleasant atmosphere to search and get
fundamental principles under the chapter heading "State Fundamental Principles".
The above mentioned 73 fundamental principles, which we have submitted, we
believe are good principles which we hope will be included without fail in
framing the Constitution under the chapter heading "State Fundamental
Principles".
UPNO Party; Union Pa-Oh National Organization. 13-page
proposal read by U Hkun Sein Win [salient points]:
First of all, I would like to express my high
regard for the Esteemed Chairman and members of the Panel of Chairmen,
delegates of the political parties' delegate group to the National Convention.
I also extend my best wishes for your physical and spiritual wellbeing and for
your peace of mind.
I am U Hkun Sein Win of the Union Pa-Oh
National Organization. What I would like to express foremost is my pleasure and
special pride for having the opportunity of putting forward suggestions on the
fundamental principles to be included under the chapter heading 'State
Fundamental principles' in the Constitution which is of special significance
and great essence in the Myanmar history.
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In view of the changing situation and times
and various conditions of the national races who have become politically
awakened, it is proposed that a Pyidaungsu Naing-Ngan-Daw be constituted with
states or regions of equal status in respect of law and freedom to guarantee
national solidarity and non-disintegration of the Union. It is also suggested
that suitable self-administered areas, where necessary, should also be
designated within the regions.
A review of the former constitutions of the
Union of Myanmar will show that the President was designated as the Head of
State. However, the position of the President remained only titular post and
the Premier, despite the fact that he wielded genuine power, was responsible to
the Hluttaw and non-confidence motion could be moved at any time on him. Taking
the
The next point we would like to suggest is
that the three main branches of the sovereign power - legislative, executive
and judiciary - should be exercised separately in order not to let dictatorial
system emerge. In so doing, if there is no reciprocal control among the three
branches, organizations or bodies which exercise these powers would be without
check in performing their duties, causing hindrance to national development.
Hence, we suggest that the three powers be exercised separately with reciprocal
control.
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In the executive sector, there are two
systems practised by most nations - the premier-led administration and the
president-led administration. In the former case, the premier is responsible to
the Hluttaw and is not in a position to independently manage administrative
affairs and what is more, cabinet changes and political chaos usually take
place without stability, posting disruption and obstruction to endeavours for
national development. As such, we would like to suggest that the president-led
executive system under which the affairs of the State can decisively,
effectively and independently be managed should be adopted.
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Continuing, the Tatmadaw's role will be
discussed. The Tatmadaw is a consolidated and united national force as well as
an organization that carries out, in addition to its primary duties, the tasks
of safeguarding the State and maintenance of law and order whenever the country
was faced with difficult situations [sic]. And so, our suggestion on the
Tatmadaw, that has played a role in national political chapters, is for
Tatmadaw representatives be included in different
levels of legislative Hluttaws and administrative organs.
Experiences from Myanma political history show
that the Tatmadaw has been on the verge of disintegration due to political
influence and political parties' power struggles. If the Tatmadaw
disintegrated, so would the nation and independence and sovereignty of the
State would be lost. For that reason, it is suggested that the position of the
head of all armed organizations be given to the Defence Services
Commander-in-Chief.
For the Pyidaungsu Myanmar Naing-Ngan to be
strong in security and defence, it is essential to
organize a strong and modernized Tatmadaw and it is suggested that the Tatmadaw
itself should have the right to freely and independently manage matters
concerning efforts for its improved organization.
We would like to suggest that the Defence
Services Commander-in-Chief be empowered to wield State power in times of
national emergencies that would harm Our Three Main National Causes of
non-disintegration of the
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It is important for the State to lay down
fundamental principles in the Constitution for all the national races
inhabiting Myanmar Naing-Ngan to have the right to develop, preserve and uphold
the cherished language, literature, culture and customs.
It is considered appropriate for Myanmar
Naing-Ngan to continue the practice of an independent and active foreign
policy. It is also needed to maintain friendly relations with other countries.
What we would like to suggest is for the State to adopt thorough, enduring and
clear-cut basic principles to enable
Esteemed Chairman, we, the Union Pa-Oh
National Organization, would like to propose the following basic principles to
be laid down under the chapter headings of the Constitution to be written.
They are:
(1) To constitute the Pyidaungsu Myanmar
Naing-Ngan with states or regions of equal status.
(2) To designate the President, who wields
full executive power, as Head of State of the Pyidaungsu Myanmar Naing-Ngan.
(3) To separately exercise three branches of
State power - legislative, executive and judiciary.
(4) To establish two legislative Hluttaws in
Pyidaungsu Myanmar Naing-Ngan.
(5) To adopt the President-led executive
system in the Pyidaungsu Myanmar Naing-Ngan.
(6) To establish Pyidaungsu Taya Hluttaw and
state or regional Taya Hluttaws in Pyidaungsu Myanmar Naing-Ngan.
(7) To have Tatmadaw representatives included
in legislative Hluttaws and administrative organs at different levels.
(8) To assign the Defence Services
Commander-in-Chief as head of the armed organizations.
(9) For the Tatmadaw to have the right to
manage its own affairs freely and independently.
(10) To empower the Defence Services
Commander-in-Chief with the right to wield the State power in time of national
emergency.
(11) To practise free market-oriented system
in the Pyidaungsu Myanmar Naing-Ngan.
(12) For all the people to be entitled to
free treatment in health sector.
(13) To adopt an educational system that
contributes to all-round development of youths - physical, intellectual and
moral.
(14) To give protection to the welfare and
rights of the peasants and the workers.
(15) To effect welfare in food, clothing and
shelter of State employees and retired employees.
(16) For the women to enjoy equal job
opportunities as men.
(17) To have the right to freely profess the
religion of one's own choice in the Pyidaungsu Myanmar Naing-Ngan.
(18) For the national races to have the right
to freely preserve and develop their religions, language, literature, culture
and customs.
(19) For the Pyidaungsu Myanmar Naing-Ngan to
consistently practise an independent foreign policy and adhere to the
principles of peaceful co-existence among the nations with a view to enhancing
world peace and maintaining international relations of friendliness and amity.
With these suggestions put forward on fundamental
principles to be laid down under the chapter headings of the Constitution to be
written, I conclude our presentation.
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SSKDP Party;
Esteemed Chairman, members
of the Panel of Chairmen and distinguished delegates to the National
Convention. I am U Ti Hkun Kyint
(a) U Ti Jon Luan of the
Principle on development of hill tracts and
border areas
Esteemed Chairman,
The people inhabiting the central and lower
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Principle on environment protection of the
Pyidaungsu and systematic extraction and utilization of natural resources
Esteemed Chairman,
Our Union of Myanmar is a country rich in
natural resources above the ground and below the ground and in the atmosphere.
Although the country is rich in natural resources, if they ar extracted and
used indiscriminately, the economy of the country will be greatly affected.
Hence in order to extract and utilize the country's natural resources
systematically, it is necessary to lay down policies. Moreover, it is also
necessary to lay down fundamental principles on taking environmental protection
measures scientifically.
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Principle of designation of states and
self-administered regions
Esteemed Chairman,
There are many different national races
residing together in a state, but there are differences in language, culture
and customs. There is also difference in worship too in some. Due to such
differences, fundamental principles should be laid down for designating
self-administered regions and national areas in the states.
Esteemed Chairman,
Another thing is that in establishing a
Pyidaungsu Naing-Ngan it is to be formed by bringing together and including all
the states. Hence, in establishing the Pyidaungsu Myanmar Naing-Ngan in the
future, a fundamental principle should be formulated on "states".
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Principle on the duties of citizens
Esteemed Chairman,
As we are enjoying the rights pertaining to
citizens, it is a duty of a citizen to shoulder one's responsibilities
dutifully. Therefore citizens shall be given the following duties: -
(1) compulsorily to
learn military science necessary for defence of the State and to undergo at
least three years of military service;
(2) to pay taxes and
duties in full regularly to the State;
(3) compulsorily to
pursue national education;
(4) to protect the
natural environment and to protect and conserve all natural resources above the
ground, below the ground and in the atmosphere.
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Principle to be followed by mass
organizations
Esteemed Chairman,
Mass organizations mean organizations such as
students organization, women's organization, peasants
organization, workers organization, religious and social affairs organizations,
war veterans organization, disabled persons organization, fine arts
organization and culture organization. Principles should be prescribed so that
these organizations may not be influenced by political parties and become their
tools.
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Principle on recognizing the powers of the
State
Esteemed Chairman,
"The sovereign powers of the State
reside in the people", should be prescribed as a fundamental principle and
the principle that the sovereign powers of the State or political parties shall
not be taken over by force, should be prescribed and that principles for the
political powers to be taken over only after holding fair and free election
through democratic means and after holding of referendum should be laid down.
The 20 points of State fundamental principles
of our party are as follows: -
1. principle on
defence;
2. principle on
foreign relations;
3. principle on
economy;
4. principle on
education;
5. principle on
customs and literary affairs of national races;
6. principle on
development of hill tract land and border areas development;
7. principle on the freedom
of worship;
8. principle on
establishment of democratic Pyidaungsu;
9. principle on
environment protection and systematic extraction and utilization of natural
resources;
10. principle on
formation of mass organizations freely;
11. principle on designating
the states and self-administered regions;
12. principle on
allowing and protecting democratic rights of citizens;
13. principle on
duties of citizens;
14. principle on
armaments;
15. principle on
taking of action against those who violate democracy;
16. principle for
State service personnel to observe;
17. principle for
mass organizations to observe;
18. principle for
keeping Pyidaungsu Hluttaw, state Hluttaws and self-administered regions' oozie
aphwes;
19. principle in
connection with political parties;
20. principle on
recognizing the powers of the State.
The above-mentioned fundamental principles
are the points of view of our party which is being suggested by us most humbly
as we think they should be included in the State fundamental principles. The
National Convention delegates and personnel concerned may scrutinize and review
them. With this I conclude my presentation.
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MKNSO Party; Mro or Khami National Solidarity
Organization. A 14-page proposal was read by U Maung Maung Htwe
[salient points] [similar, but not
identical, with presentation made Aug. 10 by MKNSO Representatives-elect]:
First of all I would like to express my high
regard for the Esteemed Chairman and members of the Panel of Chairmen and delegates
to the National Convention.
I am U Maung Maung Htwe of Mrauk-U Township,
Rakhine State, representing the Mro or Khami National Solidarity Organization.
Politics
(1) The State is a Pyidaungsu democratic
state with sovereignty of the entire people and guaranteeing basic human
rights.
(2) The State shall be called Pyidaungsu
Thamada Myanmar Naing-Ngan-Daw.
(3) Constant attention shall be paid and
endeavours made with emphasis for strengthening the causes of
non-disintegration of the Pyidaungsu and non-disintegration of national
solidarity.
(4) Special attention is to be paid to and
assistance extended for economic and social progress of national races who lag behind in development.
(5) The State protects the interests of the
entire people.
(6) It shall be clearly prescribed in the
Constitution that the State practises dignified multiparty system for the
flourishing of genuine multiparty democratic system.
(7) There shall be two Hluttaws - Pyithu
Hluttaw and Nationalities Hluttaw. The respective townships elect
representatives to the Pyithu Hluttaw and nationalities elect representatives
to the Nationalities Hluttaw.
(8) Sovereign power of the State resides in
the citizens. The Pyidaungsu Hluttaw elected in accord with the wishes of the
people shall receive the sovereign powers from the people and then exercise and
distribute them according to the Constitution.
Affairs of national races
(1) All the national races shall have
equality in all aspects such as political equality and the right to prescribe
for themselves to shape their own destinies.
(2) Autonomous regions of national races
shall be constituted to enable them to have full right to prescribe for
themselves.
(3) Autonomous regions of national races
shall not be subordinate to any state. They shall deal directly only with the
central government and there shall be reciprocal directing and reporting with
the centre.
(4) If an autonomous region is contiguous to
another and if there is common identity of racial customs, they may join
together.
(5) National races have the right to create,
adopt and teach language and literature on the basis of language they cherish.
National races shall have the right to inheritance according to their own
traditions or to other laws.
(6) National races have the right to
prescribe laws and rules on the basis of their cultural traditions.
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Economy
(1) Economy of the State is based on
regionally compatible free market national economic system.
(2) In the State there shall be public,
cooperative, joint-venture and private ownerships.
(3) Priority shall be given to agricultural
development and rural development, with the tiller having the right to own
land.
Social
(1) All the citizens, irrespective of
religion, status and sex, shall be equal before the law. They shall enjoy equal
opportunities. They shall be entitled to benefit commensurate with their
physical and intellectual efforts and diligence.
(2) Special emphasis shall be laid by the
State on endeavours for bringing about a stable education system and the
promotion of health and cultural standards.
(3) The State shall cultivate youths for
their all-round physical, intellectual and moral development.
(4) No penal law shall have retrospective
effect.
(5) Punishment that violates human dignity
shall not be meted out.
(6) Primary and middle school education shall
be made compulsory, with plans formulated and implemented by the State, for
national races in less-developed, far-flung and hardly accessible areas.
(7) The State shall plan for disabled
personnel of military service to enjoy a decent living and free vocational
training. The State shall give special care to wives and children of fallen
servicemen and children orphaned by war.
(8) Permission shall be granted for
politics-free workers and service personnel to form legitimate unions.
National defence
(1) The duty of defending the nation is a
noble task. To bring about effective and successful execution of national
defence and securities duties, a sole Tatmadaw composed of Army, Navy and Air
Force shall be formed in the State. Due regard and special recognition must be
given to the essential role of the Tatmadaw that has fine traditions in the
history of the nation.
(2) With lessons drawn from events in
history, there shall be no political control or influence on armed
organizations including the Tatmadaw. The head of all armed organizations of
the State shall be the Commander-in-Chief of the Defence Services.
Foreign affairs
The State, adopting an independent and active
foreign policy, shall abide by the principles of the United Nations Charter and
uphold the principle of peaceful co-existence among nations, maintaining
friendly relations with other countries.
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Esteemed Chairman,
The 1988 disturbances came about as there was
waning of democracy under one-party system, it must be said from experiences
gained in the history of
The present is a time of great need for flourishing
of genuine multiparty democracy system, prevalence of peace, tranquillity and
prosperity and solidarity of all national races.
I conclude the presentation submitting that
the said State fundamental principles should be incorporated in the fundamental
principles of the Constitution, for the flourishing of genuine multi-party
democracy, for having opportunities for the people to exercise the powers
belonging to them, and for the national races to have the right to prescribe
and administer by themselves in accord with principles of justice, liberty and
equality.
(NLM 8/14)
Aug. 14:
LNDP Party; Lahu National Development Party. An 18-page
proposal was read by U Yaw Aye Hla [salient points]:
I would like to wish the Esteemed Chairman,
members of the Panel of Chairmen and distinguished delegates to the National
Convention the best of physical and spiritual well-being.
I am U Yaw Aye Hla, National Convention
delegate representing the Lahu National Development Party. I would first of all
like to express my pleasure and honour at not only meeting you again, seeing
you in good health and in good cheer, after the adjournment of the Convention,
but also at having the opportunity to discuss and present matters in connection
with the fundamental principles which ought to be included in the Constitution.
We being the people of the hill regions are not very clever at speaking and if
there are any errors, I would like to humbly ask to be excused by my national
brethren.
Esteemed Chairman,
As for our Lahu National Development party,
we made a thorough study of the addresses delivered by the National Convention
Convening Committee Chairman and the Work Committee Chairman and have noted
down facts. We also understand that in discussing the fundamental principles we
must do so with an overall approach to the entire Constitution.
Esteemed Chairman,
In studying and pondering over the political
changes taking effect in the various parts of the world, with their sad and
evil consequences and the situations and developments in Myanmar Naing-Ngan, I
find that the most vital requirement is the unity among the national races. I
also find the objectives of the National Convention "Non-disintegration of
the State" and "Perpetuity of the sovereignty of the State" solely
depend on national solidarity. Similarly, national solidarity is mainly based
on the three eternal principles of justice, liberty and equality which should
be essentially practised in the country. In like manner, the key to further
flourishing of the eternal principles is "genuine multiparty
democracy".
Esteemed Chairman,
The Constitution is the backbone of the
State. Only when the backbone is firm and strong could all the affairs within
the State, such as political, economic and social affairs become stable and the
country could remain as a strong and stable State. Hence, in order to be able
to lay down the best fundamental principles, it is necessary for all the
delegates to make a united effort to their best of the physical and mental
abilities.
Esteemed Chairman,
All the national races fully know how the
Union of Myanmar was constituted. It was built by Father of Independence
Bogyoke Aung San some 45 years ago through the Panglong Agreement. It is known
according to history that all the national races in our Pyidaungsu Myanmar
Naing-Ngan are the descendants of the kith and kin who lived in
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Esteemed Chairman,
I would like to submit that the State
fundamental principles be laid down based on the above-mentioned facts as
follows: -
1. Pyidaungsu Myanmar Naing-Ngan shall be a
sovereign democratic State constituted with member states and practising the
Pyidaungsu system;
2. The sovereign powers of the State reside
only in the citizens;
3. Only the highest organ of power of the
State elected by the citizens through a free and fair election shall exercise
the sovereign powers - legislative, executive and judicial powers.
4. The highest organ of power of the State
shall be called the Pyidaungsu Hluttaw. This Pyidaungsu Hluttaw shall be
constituted with: -
(a) the
Nationalities Hluttaw (
(b) the Pyithu
Hluttaw (Lower Hluttaw) also with the number of representatives from the
divisions and states who are elected based on the population of the respective
divisions and states;
5. Hluttaw alone shall select two people's
representatives and appoint them as State President and Vice-President. The
President and Vice-President are to be persons who are free of party politics.
If they happen to be members of one of party or another [sic], they shall
resign from the party or parties;
6. The Cabinet, the Chief Justice, the
Attorney-General and the Auditor-General shall be selected and appointed by the
Hluttaw and confirmed by signature of the President;
7. As the State practises multiparty
democracy, the democratic rights of every citizen shall be respected and these
inborn rights shall be protected by law;
8. The administration of the State is the
administration based on democracy. As the administration system is that of
electing according to the wishes of the people and administration carried out
on behalf of the people, the policy should be to act according to the wishes of
the majority of the people and at the same time the rights of the minority
should be protected;
9. Myanmar Naing-Ngan is a country wherein
various national races reside. As all the national races are the family members
of the Pyidaungsu who live on the same land and drink the same water and shall
live forever in unity and harmony, sharing tranquillity and adversity, eggs and
nest intact. Hence, all the member states of the
Pyidaungsu: -
(a) shall have the
right to administer and prescribe for themselves;
(b) the laws
prescribed by the states are to be in accord with the fundamental principles of
the Constitution and must be approved by the Nationalities Hluttaw;
(c) all the states
shall have their own precise constitutions;
(d) there should be,
from chief court to customs office, in state courts;
(e) permission shall
be granted to the states to have their own private defence force and private
police for the security of the states.
Regarding this point, according to
experiences, it was seen that as there are difference in habits and culture in
many different places, there arose misunderstandings between the Tatmadaw and
the people, leading to racial problems and resulted in incidents which should
not have taken place. Hence in order that such a problem does not arise again,
the most appropriate and only way is to have own private defence force and
private police force in each of the states to control and look after their own
men;
10. In the division
of power: -
(a) Due powers shall be given to the
Pyidaungsu Government and the residuary powers to the state governments;
(b) there should
also be concurrent powers to be exercised jointly by the Pyidaungsu Government
and state governments;
(c) the highest
power shall be given to the Central government and most of the powers shall be
given to state governments;
11. The State is constituted equally
incorporating the national races such as Kachin, Kayah, Kayin, Chin, Bamar,
Mon, Rakhine, Shan, Wa, etc. Hence there should be no instance in which one
national race influences, coerces, exploits, unlawfully treats, or degrades the
other or their own national race;
12. All citizens have the right to work and
enjoy the fruits of labour through their own physical and mental ability,
perseverance and diligence;
13. The State shall be the ultimate owner of
all natural resources above and below the ground, above and beneath the waters
and in the atmosphere. The Pyidaungsu Government or the state governments or
the organizations permitted by the Government, shall extract and utilize them
with the permission of the State;
14. The economy of the State shall be based
on free market economic system and permission must be given to State,
co-operative and private sectors to engage in trade and economic ventures
freely by law;
15. With a view to achieving a proportionate
development in the State, communication links and other communication
facilities should be established without fail under special projects to bring
about political, economic and social development in the under-developed
regions. Assistance should also be provided in the activities undertaken by
authorities in the respective regions;
16. Economic plans must be laid down and
implemented systematically to bring about all-round development to the State;
17. Every citizen has, in accordance with the
Constitution, the right to freely profess the religion of his or her choice and
the full right to carry out religious activities. However, there should be on
no account instances of harming other religions;
18. Every citizen has the right to freedom of
speech and criticism, to freely print and publish, to freely assemble and form
organizations and to freely go in processions and hold demonstrations;
19. In literature and culture section: -
(a) All national races shall have the right
to freely invent and make use of the alphabets they think appropriate for their
own national literature;
(b) All national races shall have the right
to adopt their own culture and have free cultural relations;
(c) Literatures of the national races shall
freely be taught and learnt in the states.
Esteemed Chairman,
Let all of us citizens, beginning from today,
leave all the suspicions, misunderstandings and blames heaped up upon one
another, as acts of the past. Let us discard our grudge and forgive and forget
and march hand in hand towards the genuine democratic State. With this I
conclude my presentation. Thank you.
UKL Party; Union Kayin League. A 7-page proposal was
read by U Saw Daniel [salient points]:
I would like to extend my greetings to the
Esteemed Chairman and delegates from political parties, at the same time
expressing my respects.
I am Saw Daniel, General Secretary of the
Union Kayin League. As I am glad of the opportunity of meeting all of you again
for the third time at the venue of the Convention, I also express thanks to the
departments and all personnel for all their arrangements to attend to our needs
during our stay here.
After taking note in all seriousness of the
guiding speeches of National Convention Convening Commission Chairman Lt-Gen
Myo Nyunt and National Convention Convening Work Committee Chairman U Aung Toe
given in the Hluttaw Hall on 7 June 1993 and with a view to the emergence of a
legal instrument that will serve the interests of all of us, including all the
national races, who inhabit Myanmar Naing-Ngan together like eggs unbroken in a
nest intact, sharing tranquillity and adversity, scarcity and prosperity, for
generations to come, we, the Kayin Union League, wish to put forward, with
special emphasis, suggestions as to how fundamental principles, necessary for writing
a new Constitution which will emerge in due course, should be laid down.
Mindful of bitter experiences drawn from our
history, we present our suggestions with genuine goodwill and sincerity and in
good faith.
We, the Union Kayin League, consider the
following suggestions suitable to be provided under the chapter heading 'State
fundamental principles' clarified first by National Convention Convening Work
Committee Chairman U Aung Toe in his address on
(1) The Constitution shall be the Constitution
of the independent, sovereign republic which shall be known as Pyidaungsu
Myanmar Naing-Ngan-Daw. (To have two Hluttaws). [sic]
(2) The Pyidaungsu Myanmar Naing-Ngan-Daw
shall incorporate divisions and states and there shall be right of
self-administration as provided by the Constitution.
(3) All the rights and powers of the
sovereign Pyidaungsu Myanmar Naing-Ngan-Daw, together with states therein, and
all the government organs shall emanate from the citizens.
(4) It must be sufficiently strongly prescribed
in the Constitution that there shall be justice and fairness for every national
of Pyidaungsu Myanmar Naing-Ngan-Daw in social, economic and political matters;
they shall be absolutely equal in status, right and law; so long as it is not
against law or public morals, they shall have freedom of thought, freedom of
expression, freedom of press, freedom of faith, freedom to profess the religion
of one's own choice, freedom of worship, freedom of earning one's own
livelihood and freedom of organization.
(5) Sufficient safeguards for minorities
shall be prescribed in the Constitution.
(6) It shall be guarded with Taya Dhamma and
law of inter-Pyidaungsu relations to ensure integrity and stability of the
territory of independent and sovereign Pyidaungsu Myanmar Naing-Ngan-Daw and
sovereignty on army, navy and air force of the State.
(7) The system of State structure shall be
based on genuine democracy, cultured democracy, disciplined democracy, coercion-free democracy.
(8) It shall be prescribed that the national
races resolve to live forever in unity and social equality, eggs and nest
intact, come tranquillity or adversity, poverty or prosperity, good or bad.
(9) Myanmar Naing-Ngan-Daw shall prescribe
with firm resolve that it aims at peaceful progress and prosperity true to its
prestige in the world, attaining a standard it should attain, do its best as of
responsibility as well as with goodwill for the progress and for the goodwill
of mankind, and, on the basis of taya dhamma and code of conduct of relations between
states, maintain peaceful co-existence and co-operation, in friendship, with
nations of the world.
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
In affairs of national races, just as there
is need to have the right to shape their own destiny, so too is it necessary to
attend to and safeguard interests of the minority of national races living in
areas outside states.
Moreover it is proposed that the Constitution
include provisions for a Kayin Affairs Department, in the interests of the
Pyidaungsu, to undertake all Kayin affairs, true to goodwill fostered by
national leader Bogyoke Aung Sand and Kayin national leader Mahn Pa Hkaing and
Mahn Win Maung, for the sake of Kayin nationals living in numerous areas
outside the state.
KDUP Party; Kokang Democracy and Unity Party. A 7-page
proposal was read by U Yang Kyin Kan [salient points]:
Esteemed Chairman, Panel of Chairmen,
National Convention Convening Commission Chairman and members, National
Convention delegates and members of the various committees, I extend my best
wishes for auspiciousness and for your well-being.
I am U Yang Kyin Kan of the Kokang Democracy
and Unity party.
Esteemed Chairman,
Our party profoundly appreciates difficult
and delicate nature of drafting a Constitution which can shape the destiny of
the entire national people. Hence, we would like to inform you, first of all,
that we will present our party's point of view as we deem appropriate on the
heading "State Fundamental Principles" but whether it is suitable or
not will be up to the wishes of the majority.
We will present our proposals with the
objective of upholding the non-disintegration of the Union, non-disintegration
of national solidarity and perpetuity of sovereignty and for the burgeoning of
the noblest and worthiest worldly values.
The State fundamental principle is, in fact,
the State's policy objectives, and hence they should be precise and firm
objectives of the State serving the interests of the entire people.
Esteemed Chairman,
We submit the following points as we deem them
suitable to be fundamental principles.
1. The State being the home of all the
national races living together come tranquillity or adversity, the State
structure shall be based on the Pyidaungsu system. Then only will it be
possible to implement national solidarity in full essence.
2. The 14 existing States and Divisions shall
be retained as regions with equal status.
3. As we have experienced the flaws of the
centralized system in the past history, there shall be two Hluttaws - one made
up of people's representatives and another of nationalities' representatives -
in order not to lose contact with the entire people and always reflect, without
losing sight of, the objective conditions and true situations of the national
people.
4. The three powers namely, legislative,
administrative and judicial powers shall be distributed to Pyidaungsu member
divisions and states according to the democratic practice. But this shall be
within the framework of perpetuity of sovereignty.
5. The economic system of the State shall be
based on free, open-door market economic system.
6. Firm guarantees shall be given and
protected by law to bring about further increase in domestic and foreign
investments.
7. Rates of taxation by the State shall be
revised to suit the emerging economic system.
8. As the State is the ultimate owner of the
natural resources in the State, it has the right to use them in the interests
of the entire people. However, part of proceeds from that shall be used also
for economic and health development of the regions concerned.
9. The State shall seriously undertake
economic, social, health, education and transport and communications works of
the special areas lagging in development.
10. As literary and education level is
indicative of the standard of a nation or a national race, the State shall
supervise and endeavour for a high level of stable, firm and advancing
education system.
11. The State shall create a modern education
system that contributes towards national construction.
12. The State shall practise independent
neutral foreign policy and maintain friendly diplomatic relations with nations
of the global family. However, there shall be no political, economic and social
domination by any foreign country.
13. The Tatmadaw, the main force in the
defence of the State, has upheld fine traditions throughout history and
participated in the role of leadership in the State; so it shall be accorded a
deserving role as appropriate in conformity with the changing course of
history.
14. Within a framework no contravening the
Constitution, national races shall have the right to shape their own destiny in
accord with their own literature, culture and customs. They shall have freedom
of worship. All groups of nationalities shall have equal rights.
15. Pyidaungsu member nationals shall have
the right to freely open their own national language schools to promote their
literature with a view to freely preserving their own literature, culture and
customs. They shall have the right to freely publish and distribute newspapers,
journals and magazines within the framework of law. They shall have the right
to form social organizations not entangled with politics. Then only will
justice, liberty and equality emerge clearly.
16. All Pyidaungsu-born nationals shall have
the right to move about, settle and reside anywhere within the territory of the
State.
17. There shall be no downgrading or
overwhelming of one person by another, one national race by another,
or one class by another. There shall be precise provisions for citizens' privileges,
rights and responsibilities.
18. Being a country dependent mainly on
agriculture, the State shall fulfil all of the requirements in the agriculture
sector.
19. Though not direct economic forces of the
State, private agriculture and livestock breeding and small scale commodity
production enterprises of the basic class that is part of the national economy
shall be recognized, and assisted and supported with necessary technology,
machinery and equipment, raw materials, etc.
20. Specific provisions shall be prescribed
and put into practice for personnel in the service of the State to abide by
their code of conduct, enjoy benefits in accord with their efforts, and become
good ones truly serving the State as they are mainly involved in
nation-building machinery and economic development endeavours.
21. Promotion of health of the entire people
shall be carried out on a national scale on priority.
22. I conclude stressing that the fundamental
principles just stated are meant to be policy objectives of the State and
general guiding principles of the Constitution.
WNDP
Party; Wa National Development Party. A 31-page
proposal was read by U Marcos (a) U Sai Lon [salient points]:
Esteemed Chairman and the
Panel of Chairmen, National Convention delegates.
I am U Marcos (chairman) delegate to the
Convention from the Wa National Development Party. I will submit to the plenary
session of the National Convention today the proposal paper of the Wa National
Development Party on formulation of the fundamental principles that should be
included in the Constitution. I am very glad to have an opportunity to discuss
formulation of the fundamental principles of the Constitution on behalf of the
Was National Development Party.
Esteemed Chairman,
It is the third time to redraft the
Constitution in our country in less than half century after we made concerted
endeavours to set ourselves free from servitude.
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Esteemed Chairman,
We, Wa nationals,
had been lacking in political knowledge and experience. We were also short of
modern educated people old and young. This being so, we had been unable to take
part in drafting the 1947 Constitution. We had to abide by the points as
coordinated and decided by the then leaders. When states and divisions were constituted
by the Constitution of 1974 as passed by a national referendum, we, Wa
nationals, had been unable to participate and ask for what we wanted
politically with a broad view for Wa nationals because we were assigned very
little political duties; at that time, the main Wa regions too were under
shadow of the Burma Communist Party (BCP) and were designated as black area,
BCP area and enemy territory. Because Wa national
leaders had not been able to take part in the drafting of the Constitution at
the time, there had been losses in many aspects.
For these reasons, I express my delight for
having the opportunity to discuss and submit, on behalf of Wa
nationals, the proposals to draft the Constitution of the State at the National
Convention today.
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Esteemed Chairman,
We present these matters for formulation of
the principles because our Wa National Development Party wants to ensure that
Wa nationals and Wa national race doe not lose political rights again as they did
in 1947 and 1974 and in the interest of the other national races who, like the
Wa nationals, had lost political, economic and social rights.
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Population of Wa
nationals can be about 700,000 in the now white areas - formerly BCP black
areas - including Wa south, Wa north and lower Thanlwin [
A study in the implementation of border areas
and national races development activities and projects in the border areas of
the State Law and Order Restoration Council during these two or three years
will enable one to visualize how wide was the gap in enjoyment of political,
economic, social conditions and benefits between the hill-tract areas and
states proper areas.
Esteemed Chairman,
It is true that we, Wa
nationals, lagged behind in different eras. However, during the time of British
colonialism and the Japanese times Wa national leaders
Saw Maha and Naw Hkam Oo and Wa nationals had been able with their own ways and
means to prevent the region from falling into their hands. Moreover, although
there was a lack [of] political awareness and educated persons, it will be seen
Wa national leaders U Kyauk Nyi Lai and U Tah Like Pan organized Wa nationals
in the Wa region and on 17 April 1989 successfully drove out BCP and BCP bureau
leaders who had been perpetrating armed terrorism in Myanmar Naing-Ngan for
many years after the independence.
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Esteemed Chairman,
Fundamental principles of the Constitution
should be for the perpetuity of national sovereignty, for non-disintegration of
the
The Wa National Development Party, on behalf
of the Wa nationals, proposes that the following
fundamental principles be included in drafting the Constitution.
1. The
2. It shall be coordinated and arranged to
additionally constitute Wa State as a member of the Pyidaungsu.
3. The State is a sovereign independent State
that practises genuine democracy and that is administered by the President.
4. The State practises independent and just
foreign policy.
5. In order to form the government of the
State, the Pyidaungsu Hluttaw is constituted as follows: In the Pyidaungsu
Hluttaw, there shall be two Hluttaws namely,
(a) Nationalities Hluttaw (Upper House);
(b) Pyithu Hluttaw (Lower House).
6. The Pyidaungsu Hluttaw shall be
constituted with Hluttaw representatives elected from respective divisions and
states.
(a) The Nationalities Hluttaw shall be
constituted with equal numbers of Hluttaw representatives elected and sent from
respective divisions and states;
(b) Pyithu Hluttaw shall be constituted with
Hluttaw representatives elected in proportion to the population of respective
divisions and states (excluding representatives in the Upper House).
7. The President shall be elected, in accord
with the Constitution, directly from representatives in Nationalities Hluttaw;
there shall also be elected a Vice-President.
8. The Chief Justice, the Attorney-General
and the Auditor-General shall be nominated by Pyidaungsu Hluttaw and confirmed
and appointed by signature of the President.
9. Pyidaungsu member divisions and states
shall set up division and state Hluttaws that have own rights to prescribe for themselves.
10. There shall be constituted local
administrative bodies for self-administered areas.
11. In accord with the provisions of the
Constitution, a modern, steadfast and strong Pyidaungsu Tatmadaw shall be built
for defence and security of the State; if appropriate it shall be prescribed by
law as to at least for how long every citizen shall undertake military service
in order to keep Tatmadaw always youthful and dynamic.
12. It shall be precisely prescribed by law
as to how state and division armed units shall be formed for regional security
and for fighting together with Pyidaungsu Tatmadaw to counter foreign
aggression. There shall also be formed regional people's militias.
13. People's Police Force is to be formed
systematically for upkeep of law and order.
14. War veterans
organization which is the reserve force for the defence of the State shall be formed
systematically. Law shall be enacted to prescribe rights for the war veterans.
15. Laws shall be enacted to protect the
rights of the service personnel, workers and peasants who are main forces for
running the State machinery and commodity production in the State. The State
shall plan and provide for smooth running of their activities and for
modernization and improvement.
16. Women in general and women in service
shall enjoy equal rights as men. They shall also be entitled to enjoy special
rights because of women's nature in accord with law.
17. In connection with education, the modern
and advanced national education system shall be brought about for all-round
development of students and youths, who will take over State responsibilities
and leadership duties in the future. Principles are to be formulated to provide
opportunities to study educational and technological subjects, even in
communication with foreign countries.
18. Every citizen is equal before the law. No
penal law shall have retrospective effect. Punishments shall not be meted out
in violation of human dignity.
19. No citizen shall be arrested or placed in
custody unless it is in accord with law. Without the sanction of a court, no
citizen shall be held in custody, under prohibition or restriction for more
than 24 hours.
20. A citizen held in custody shall not be
tortured physically or mentally, or subjected to forcible treatment or
violation of human dignity.
21. The State is responsible for protecting
its citizens abroad in accord with existing laws. A citizen who has obtained
citizenship of another country shall not lose an in-born citizen's birthrights
other than ceasing to be a citizen of Myanmar.
22. Every citizen shall have the right to
freely receive and bestow inheritance.
23. It shall be prescribed every citizen
shall compulsorily have free primary education. There shall be no
discrimination at State schools on grounds of religion or race. No religious
literature of any religion shall forcibly be prescribed in school curriculum.
24. Every citizen shall have freedom to
profess the religion of his or her choice. The State shall not increase or
decrease rights of citizens or discriminate against them because of their faith
in any religion; it shall not use any religion for political purpose or misuse
it.
25. There should be no racial oppression,
degradation or domination in the State.
26. All nationals shall have the right to
freely preserve, make known and use their literature, culture and customs and
the right to develop them.
27. Every citizen shall have a right to
freely work in accord with his or her physical and mental abilities and to
engage in trade and commerce.
28. There shall be freedom of expression and
publication, freedom of assembly and organization without affecting the State,
other nationals and citizens.
29. Political parties shall have the right to
freely form, organize and carry out their activities in order that elections
can be held by genuine democratic practices.
30. The economy of the State is free market
economy. However, for long-term interests, the State shall systematically
supervise and control the extraction of natural resources above and below the
ground. Arrangements should be made to prescribe exactly how extraction of
natural resources would be divided and shared between the Pyidaungsu and the
states and divisions.
31.
32. The state shall not cancel or demonetise
State currency as it would adversely affect the interests of citizens and
national people. If there arises a situation in which the State currency is to
be cancelled or demonetized, arrangements should be made in such a way that it
would not harm the interests of citizens. With this I conclude my presentation.
(NLM 8/15)