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. 9, September 1993
NATIONAL CONVENTION
Preparations
Plenary Session Resumed
Appraisal by Alternate Chairmen
Clarifications by U Aung Toe
Speech by Lt-Gen. Myo Nyunt
Convention Adjourned to January
NATIONAL
CONVENTION
Preparations
Sept. 2: At its 15th Work Meeting, Chairman U
Aung Toe of the National Convention Convening Work Committee said that the
Plenary Session would resume Sept. 6, when "the Panel of Chairmen would
give an overall appraisal of the discussions presented by delegates groups."
(NLM 9/3)
Plenary Session Resumed
Sept. 6: The Plenary Session of the National
Convention met at the Central Meeting Hall in the President's Residence
compound on
Appraisal by Alternate Chairmen
The Panel of Alternate Chairmen presented an
appraisal of the proposal papers submitted by the various delegate groups [text
as published in NLM]:. "overall
appraisal and clarification" [text as published in NLM]:
[Overall appraisal and clarification] by U
Thein Lwin
National Convention
Convening Commission Chairman and members National Convention Convening Work
Committee Chairman and members and National Convention delegates.
I would like to express great pleasure at
seeing National Convention Convening Commission Chairman and members, National
Convention Convening Work Committee Chairman and members and National
Convention delegates, refreshed and fine, in attendance at this plenary session
of the National Convention, and extend my greetings to all present at the meeting
with my best wishes for their physical and spiritual well-being.
Esteemed delegates,
Now, delegates in the respective delegates'
groups have presented to their satisfaction all that they wish to discuss and
propose, in discussion papers submitted to the National Convention plenary
session, on principles that should form basis in formulating State fundamental
principles to be contained in the enduring State Constitution that is of vital
importance to the State and the citizens.
As the discussions and proposals are found to
have been presented within the framework of the six objectives of the National
Convention including Our Three Main National Causes of Non-disintegration of
the
As the proposals discussed and presented by
the delegates at the plenary session of the National Convention are ones to be
placed on historical record, they need to have strong factual support, they
need to have grand significance, and they need to succinctly convey the
intended meaning. Moreover they need as well to be free as far as possible of
the Four Kinds of Unrighteousness due to subjective Sentiment, Aversion, Apprehension,
and Delusion.
However, it was found that some presentations
by some delegates, though well-intentioned, were lacking in factual support and
were erroneous and there have been a few cases where the respective delegate
group chairmen had to call in those delegates to meet, discuss and coordinate
with them in a family spirit. The delegates on their part were satisfied and
accepted it, and for that I would like to express my praise for and pride in
them.
[Proposals Presented by Delegate Groups] by U
Thein Lwin
Esteemed delegates,
You have heard 22 papers of discussions on
principles to form basis in formulating State fundamental principles, presented
by delegates in the respective delegates groups. In the papers so presented:
Six papers were presented from
representatives-elect group, out of altogether eight groups attending the
National Convention:
-- one by
representatives-elect from Shan Nationalities League for Democracy,
-- one by
representatives-elect from National Unity Party,
-- one by representatives-elect
from Mro or Khami National Solidarity Organizations,
-- one by representatives-elect from Union
Pa-O National Organization, representative-elect from Shan State Kokang
Democratic Party and five representatives-elect namely Dr Hmu Thang from
Thantlang Constituency, U Khin Maung Cho from Dimawhso Constituency No 1, U
Thawng Hko Thang from Tamu Constituency, U Tun Kyaw from Namhsan Constituency,
and U Aung Thein of Ywangan Constituency,
-- one by representatives-elect from National
League for Democracy and independent representative-elect from Kya-in Seikkyi
Constituency No 1 U Hla Maung,
-- and one by
independent representative-elect from Bahann Constituency No 1 U Tun Hlaing.
Six papers were presented by six groups out
of eight groups attending the National Convention.
-- one by
nationalities delegates group,
-- one by peasant
delegates group,
-- one by worker
delegates group,
-- one by
intelligentsia and technocrat delegates group,
-- one by State
service personnel delegates group,
-- one by other
invited delegates group.
Ten papers were presented from political
party delegates group, out of eight groups attending the National Convention.
-- one by Shan
Nationalities League for Democracy,
-- one by National
Unity Party,
-- one by Union Pa-O
National Organization,
-- one by Shan State
Kokang Democratic Party,
-- one by Mro or
Khami National Solidarity Organization,
-- one by Lahu
National Development Party,
-- one by Union
Kayin League,
-- one by Kokang
Democracy and Unity Party,
-- one by Wa
National Development Party,
-- one by National
League for Democracy.
In appraising the papers so presented, it was
found that just as there were discussions and proposals in connection with the
14 chapter headings as suggested by the Chairman of the National Convention
Convening Work Committee on
For a comprehensive appraisal of discussions
and proposals of political parties and delegate groups, I will give a
presentation of main points from the papers on one matter after another. I will
also present excerpts of proposals for inclusion of principles that have some
connection with the State fundamental principles. In so doing, I will mention
the principles which, according to discussions and proposals submitted by
Convention delegate groups, should form basis in laying down State fundamental
principles.
Esteemed delegates,
In an overall appraisal of discussions by various
delegate groups in connection with the objective of non-disintegration of the
Union, it is found that the delegate groups have held discussions highlighting
the fact that the national races since the beginning of history have always
lived together in amity hand in hand in tranquillity or adversity, that the
Three Main National Causes should be prescribed as fundamental policy of the
State, and that the objective of non-disintegration of the Union that is to be
held uppermost by all the people of the country should be laid down as a
fundamental principle.
[States and Regions] by Col. Thaik Tun
Esteemed delegates,
As regards constituting of territories within
the country, among the principles on the State structure, you have heard the
discussions and proposals from the respective delegate groups. The essence of these presentations in connection with constituting of
territories are found as follows:
(a) To constitute the
(b) To constitute the existing 7 states and 7
divisions as 14 equal-status states or 14 equal-status regions
(c) To constitute the Pyidaungsu State with
Kachin, Kayah, Kayin, Chin, Bamar, Mon, Rakhine and Shan national states,
(d) To constitute the
(e) To keep the states and divisions as they
are and additionally constitute Wa state as a
Pyidaungsu member state.
Of the five above, the proposal to constitute
the Pyidaungsu State comprising states and divisions as have always been
designated as states and divisions was presented by the National League for
Democracy from the political party delegates group and by representatives-elect
from the National League for Democracy and an independent representative-elect
from the representatives-elect delegates group.
The proposal to constitute the existing 7
states and 7 divisions as 14 equal-status states or 14 equal-status divisions
was presented:
-- by representatives-elect
of National Unity Party
-- by representative-elect of Union Pa-O
National Organization, representative-elect of Shan State Kokang Democracy
Party and five independent representatives-elect,
-- from the representatives-elect
delegates group,
-- by delegates from
nationalities delegates group,
-- by delegates from
peasant delegates group,
-- by delegates from
worker delegates group,
-- by delegates from
intellectual and intelligentsia delegates group,
-- by delegates from
State service personnel delegates group,
-- by delegates from
other invited delegates group,
-- by National Unity
Party,
-- by
-- by Kokang
Democracy and Unity Party from political party delegates group.
The proposal to constitute the Pyidaungsu
State with Kachin, Kayah, Kayin, Chin, Bamar, Mon, Rakhine and Shan national
states was presented by representatives-elect of Shan Nationalities League for
Democracy, from the representatives-elect delegates group and by Shan
Nationalities League for Democracy from the political party delegates group.
The proposal to constitute the Pyidaungsu
State with Kachin, Kayah, Kayin, Chin, Bamar, Mon, Rakhine, Shan and Wa etc
states was presented by Lahu National Development Party from the political
party delegates group.
The proposal to keep the States and Divisions
as they are and additionally constitute Wa state as a
Pyidaungsu member state was presented by Wa National Development Party from the
political party delegates group.
What I have presented just now are points
highlighted by the delegates as regards the constituting of territories within
the
Esteemed delegates,
A comprehensive review of proposals of the
delegate groups shows proposals made for constituting the existing seven states
and seven divisions on equal status and constituting the State in accord with
Pyidaungsu system.
In connection with the existing states and
divisions, it is found, some delegates groups proposed that states should be
called states as they are now.
Some delegate groups proposed that states and
divisions should be called regions and some proposed that states and divisions
should be called as they are being called now and the State should be called
Pyidaungsu Thamada Myanmar Naing-Ngan-Daw.
With serious consideration of discussions and
proposals of the delegate groups, it is appraised that principles should be
laid down
-- to name the State
as Pyidaungsu Thamada
-- to constitute the
State in accord with Pyidaungsu system,
-- to prescribe that
the territory of the State is as it is on the date the State Constitution comes
into force,
-- to designate the
existing seven divisions as seven regions and the existing seven states as
states,
-- to prescribe that
these seven regions and seven states are of equal status.
In a comprehensive review of proposals
presented by delegates from delegate groups that discussed the matter of
calling the existing states and divisions by their historical names, it is
found, delegates from states maintained that their states' names should be kept
as they are now; that it could not harm national solidarity, that if the names
are changed, it would take quite some time to make it understood by the people
of the states that have difficult accessibility and low literacy, that the
seven states and the seven divisions should be called regions or states and
that the names of these regions or states should be retained as they are now,
and that if it is desired to change the name of a region or state, it should be
done only after seeking the mandate of citizens residing in that region or
state.
It is found that proposals of the delegates
are suitable. As it is believed that there is no reason to adversely affect Our
Three Main National Causes of non-disintegration of the Union,
non-disintegration of national solidarity, and perpetuation of sovereignty
which we all hold highest, it is appraised that, as proposed by the delegate
groups, principles should be laid down.
-- to keep the names
of regions and states as they are at present,
-- in case it is desired to change the name
of a region or state, to do so after seeking the mandate of the citizens
residing in that region or state and enacting a law.
[Self-Administered Areas] by U Wan Tin
Esteemed delegates,
You have already heard the discussions of the
National Convention delegate groups on constituting of self-administered areas
within regions and states if necessary, as one of the fundamental principles of
the State Structure. National Convention delegate groups were found to have
made it clear that self-administered areas should be permitted to be
constituted within regions or states as necessary. In discussing the rights of
the self-administered areas, the delegates maintained that national unity would
be more consolidated and the Union would be everlasting if provisions were made
to emphatically satisfy especially the desires for self-administration; and
that way the national races residing closely together will be able to manage
affairs of their own villages and townships, social and cultural affairs in
accord with the wishes of the majority. It is therefore appraised that, in
laying down principles that should form basis in formulating State fundamental
principles concerning the State structure, the following principles should be
laid down in order to provide for the right to constitute in accord with the
State Constitution self-administered areas depending on necessity within
regions or states:
-- To provide for the right to constitute in
accord with the State Constitution self-administered areas depending on
necessity within regions and states.
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[No Right of Secession] by U Mya Sein
Esteemed delegates,
What I have just presented are the
discussions of the Convention delegates in connection with the point that no
territory of the Myanmar Naing-Ngan ever secedes from the Union. It is found
that the Convention delegate groups expressed their sentiments that no part of
territories of the State such as regions, states and self-administered areas
included in Myanmar Naing-Ngan should ever be permitted to secede from the
State.
So, among the principles to form basis in
formulating State fundamental principles in connection with non-secession from
the Union, a principle should be laid down to enact that:
-- No part of the territories of the State
such as regions, states and self-administered areas included in Myanmar
Naing-Ngan shall ever secede from the State.
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[Multiparty Democracy] by U James Bond
Esteemed delegates,
In an overall review of excerpts from
presentations by delegate groups as to what political system should be
practised in the country, Convention delegate groups, it is found, clearly
proposed that genuine multiparty democracy system be practised.
So, it is appraised that, in laying down
principles to form basis in formulating State fundamental principles, a
principle should be laid down for the State to practise genuine multiparty
democracy system.
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[Presidential Executive] by U Ba Han
Esteemed delegates,
In a comprehensive review of proposals
submitted by the delegate groups, it is found they have clearly proposed that
the system of executive headed by the President should be practised.
So, it is appraised that, among the
principles that should form basis in formulating State fundamental principles
concerning the Head of State, the following principles should be laid down:
-- The Head of State shall be the President.
-- The President shall be elected by a
presidential electoral college.
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[Separation of Powers] by U Tun Yin Law
Esteemed delegates,
In an overall review of the proposals
presented by the delegate groups in connection with principles on sovereign
State powers that should be included in the chapter on State fundamental
principles, it is found that they have clearly stated that sovereign State
power emanates from the people and covers the whole of the country, and that,
in the exercise of its three branches namely, legislative, executive and
judicial powers, they should be exercised, as much as possible separately and
distributively, with the practice of a system of reciprocal control, check and
balance.
So, it is found that, in laying down
principles to form basis in formulating the State fundamental principles in
connection with sovereign State powers, the following principles should be laid
down:
-- To prescribe that Myanmar Naing-Ngan is a
sovereign independent nation,
-- To prescribe that national sovereignty
emanates from the citizens and covers the whole country,
-- The three branches of sovereign State
power--legislative, executive and judicial powers--are to be exercised
separately as much as possible with reciprocal control, check and balance,
-- The three branches of State powers so
separated shall be distributed among Pyidaungsu, regions and states, and
self-administered areas.
[Two-chamber Hluttaw; Local Hluttaws] by U
Tin Oo
Esteemed delegates,
In an overall review of discussions and
proposals by delegate groups in connection with the concept of having one
Hluttaw representing seven regions and seven states equally and one Hluttaw
representing the people--a fundamental principle that should be included in
formulating State fundamental principles--it is found the delegate groups have
spoken clearly for the principle of having two Hluttaws at the central
level--one Hluttaw representing seven regions and seven states equally and one
Hluttaw representing the people of the whole country--for exercising
legislative power. In so doing, they also maintained that by having two Hluttaws
there would be reciprocal control between the two.
So, it is found, the following should be laid
down as principles to form the basis in formulating fundamental principles
concerning legislative affairs:
-- To distribute the State's legislative powers
to the Pyidaungsu Hluttaw, region Hluttaws and state Hluttaws,
-- To delegate legislative power prescribed
by the State Constitution to the self-administered areas,
-- To have two chambers of Pyidaungsu
Hluttaw--one Hluttaw elected on the basis of population and one Hluttaw elected
with equal numbers of representatives from regions and states.
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[State/Regional Hluttaws] by U Myo Thant
Esteemed delegates,
In an overall review of proposal of the
National Convention delegate groups on the matter of having a legislative
Hluttaw in each of the seven regions and seven states --a principle that should
be included as a fundamental principle in formulating the State fundamental
principles, it is found the delegate groups have proposed having a legislative
Hluttaw in each of seven regions and seven states for them to have the right to
prescribe their regional legislative matters.
So, in connection with the matter of having a
legislative Hluttaw in each of seven regions and seven states, it is found, it
should be laid down as a principle as follows:
-- To have a region Hluttaw in each of the
seven regions and a state Hluttaw in each of the seven states.
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[Tatmadaw Legislative Participation] by U Myo
Thant
Esteemed delegates,
In an overall review of discussions by the
National Convention delegate groups as regards participation of Tatmadaw
representatives in legislative branch, they clearly presented the view that the
interests of the State and the citizens will be better served by the Tatmadaw
participating as appropriate in legislative matters of Hluttaws so as to serve
the interests of the State to the maximum in future, and that a principle
should be laid down to the effect that Tatmadaw member Hluttaw representatives
nominated by the Defence Services Commander-in-Chief shall be included in the
legislative Hluttaws at different levels.
So, it is appraised that, in laying down
principles to form basis in formulating State fundamental principles, in
connection with the matter of Tatmadaw member Hluttaw representatives
participating in legislative Hluttaws, the following should be laid down as a
principle:
-- To prescribe that Tatmadaw member Hluttaw
representatives nominated by the Defence Services Commander-in-Chief in numbers
stipulated in this State Constitution are included in Pyidaungsu Hluttaw,
region Hluttaws and state Hluttaws.
(NLM 9/7)
Sept. 7: On the second day of the plenary
session, with 649 of 698 delegates present, members of the Panel of Alternate
Chairmen continued their "appraisal and clarification" of the
proposal papers [texts as published in NLM]:
[Executive Branch] by U Ba
Han.
Esteemed delegates,
In connection with fundamental principles on
executive matters among State fundamental principles, delegate groups have held
discussions and presented proposals clearly to the effect that the three powers
should be should be exercised separately and distributed among central, regions
and states and provisions should be made to have reciprocal control, check and
balance among them; that in such exercise with distribution of executive
powers, precise provisions should be made to define rights and responsibilities
of central and lower levels in accord with the State Constitution; that in
doing so, it is necessary to take into consideration the right of national
races to prescribe for themselves and to proceed in accord with democratic
practice within the framework of perpetuation of sovereignty; and that the
presidential executive system should be practised.
So, it is appraised that it should be laid
down as follows, as a principle to form basis in formulating State fundamental
principles concerning executive branch:
-- The head of executive of the State is the
President of the State,
-- The executive power of the State is
distributed among Pyidaungsu, regions and states. Self-administered areas are
to be given self-administration powers as prescribed by the State Constitution.
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[Tatmadaw Executive Participation] by U Ba
Han
Esteemed delegates,
In an overall review of discussions on the
matter of Tatmadaw members participating in the executive branch at Pyidaungsu,
regions, states, self-administered areas and districts level--among fundamental
principles on the executive--it is found the delegate groups have held
discussions and made proposals clearly to the effect that the importance of the
role of the Tatmadaw by tradition in the course of history of the nation should
be respected; that the Tatmadaw is a consolidated and united national force;
whenever the nation encountered difficult times, the Tatmadaw had to step in
and shoulder responsibilities of security of the State, maintenance of law and
order and administration in addition to its original duties; at present too,
the Tatmadaw is safeguarding sovereignty, and national identity and the sasana
and carrying out nation building works and economic restructuring measures; in
future too, it is necessary to take timely action to ward off dangers of
destruction from within and without; and so, for the Tatmadaw with its fine
traditions and mature experiences to participate hand in hand with the people
inclusive of nationals in border areas in executive organs at different levels
and to remain undissociated from national politics, Tatmadaw members nominated
by the Defence Services Commander-in-Chief should participate in suitable
proportion in suitable places in the executive branch, from central to district
level.
So in connection with the matter of Tatmadaw
members nominated by the Defence Services Commander-in-Chief participating in
performance of duties of Pyidaungsu and regional defence, security, border area
administration etc, it is appraised that it should be laid down as follows as a
principle to form basis in laying down State fundamental principles:
-- Tatmadaw members nominated by the Defence
Services Commander-in-Chief are included to shoulder duties of defence,
security, border administration etc in the executive organs of Pyidaungsu,
regions, states, self-administered areas and districts.
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[Judicial Affairs] by Mya Sein
In connection with fundamental principles on
judicial affairs, there was no discussion by
--Union Pa-O National Organization,
--
--Lahu National Development Party,
--Union Kayin League
--Kokang Democracy and
Unity Party.
Esteemed delegates,
In an overall review of discussions and
proposals of respective delegate groups on fundamental principles concerning
judicial affairs, among the State fundamental principles, it is found they have
clearly stated that the following should be prescribed as fundamental
principles:
-- For administration of justice
independently in accord with law, for more flourishing of the worthiest of
worldly values in the State,
-- For administration of justice in public
except where restricted by law,
-- For there to be right of defence and right
of appeal in cases,
-- For no penal law to have retrospective
effect,
-- For no punishment to violate human
dignity, if there be punishments included in laws to be enacted.
Some delegate groups submitted that
administration of justice should be conducted by benches, that no-one shall be
deemed guilty until and unless so found by the court, that every one shall be
equal before the law, and that a person who has committed an offence should be
punished in such a way as to repent and reform to become a good person; and
moreover that no-one shall be held in custody or kept in restraint for more
than 24 hours without a court order. Of these related discussions and
proposals, what is suitable will be mentioned in related chapters.
So, it is appraised that it should be laid
down as follows, as principles to form basis in formulating State fundamental
principles in connection with administration of justice:
-- For administration of justice
independently in accord with law,
-- For administration of justice in public
except where restricted by law,
-- For there to be right of defence and right
of appeal in cases,
-- Not to prescribe provisions with
retrospective effect in penal laws,
-- Not to prescribe punishments that violate human dignity.
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[Law Courts] by U Wan Tin
Esteemed delegates,
In an overall review of discussions and
proposals on the principle of setting up courts, which should be included in
the State fundamental principles, it is found the delegate groups have clearly
spoken for setting up Pyidaungsu Taya Hluttaw at the central level, a region
taya hluttaw in each region and a state taya hluttaw in each state, and courts
in self-administered areas, districts and townships.
In proposals as fundamental principles on
administration of justice, it was proposed to have the Pyidaungsu Taya Hluttaw
should have right to issue writs and take action for prompt and effective
redress and protection in case of violation of fundamental rights of the
people. Moreover, it was also proposed that a Constitutional Tribunal be set up
to exercise rights to safeguard provisions of the Constitution, interpret the
Constitution and decide on disputes concerning the Constitution. It is found
that, in the light of experiences, it is really necessary to lay down as a
principle for our country.
So, it is appraised that the following should
be laid down as fundamental principles for setting up law courts:
-- To distribute legislative [sic] powers of
the State to law courts at different levels including the Pyidaungsu Taya
Hluttaw, region taya hluttaws, state taya hluttaws and self-administered area
law courts,
-- To have a Pyidaungsu Taya Hluttaw as the
highest law court of the State,
-- For the Pyidaungsu Taya Hluttaw to have
the power to issue writs,
-- For each region to have a region taya
hluttaw and for each state to have a state taya hluttaw,
-- To set up a Constitutional Tribunal to
interpret provisions of the Constitution, to scrutinize whether or not laws
enacted by legislative Hluttaws and activities of executive organs from the
central level to self-administered areas are in conformity with the
Constitution, decide on disputes in connection with the Constitution and
perform other duties prescribed in the Constitution.
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[Unitary, Modern Tatmadaw] by Col. Thaik Tun
Esteemed delegates,
In an overall review of proposals submitted
by the delegate groups, it is found they made it clear that a solidly and
strongly organized modern Tatmadaw is a national force pre-requisite for a
steadfast and strong State; that the sole modern Tatmadaw built up with
offspring of the people is the armed organization representing the people in
the State; so a principle should be laid down for building up strong, modern
and sole Tatmadaw; and that, moreover, the Tatmadaw is to safeguard the
Constitution and it should have the right to plan and manage for participation
of the entire people in State security and defence.
So, it is appraised that the following should
be laid down as fundamental principles for formulating the State fundamental
principles in connection with matters of building strong, modern and sole
Tatmadaw, safeguarding the Constitution, and Tatmadaw having the right to plan
and manage for participation of the entire people in State security and
defence:
-- To build up the Tatmadaw as a strong,
modern and sole Tatmadaw;
-- To prescribe that the Tatmadaw is mainly
responsible for safeguarding the Constitution;
-- For the Tatmadaw to have the right to plan
and manage for participation of the entire people in State security and
defence.
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[Tatamadaw Responsibility] by U Thein Lwin
Esteemed delegates,
You have already heard discussions of the
delegate groups on the matter of assigning the Tatmadaw the responsibility to
safeguard Our Three Main National Causes-- non-disintegration of the
So, it is appraised that the following should
be laid down as a principle to form basis in formulating the State fundamental
principles regarding the matter of assigning the Tatmadaw the responsibility to
safeguard Our Three Main National Causes:
-- The Tatmadaw is mainly responsible to
safeguard the causes of non-disintegration of the
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[Tatmadaw Independent Management] by U James
Bond
The remaining political parties of the
political party delegates groups and delegates of the representatives-elect
delegates group have held discussions on the Tatmadaw's role but there was no
discussion concerning the Tatmadaw's right to manage its own affairs
independently.
Esteemed delegates,
It is found that, in connection with the
right of the Tatmadaw to manage its affairs independently--as a matter of
principle in State fundamental principles--discussions have clearly highlighted
the fact that the Tatmadaw should deservingly participate in the national
political leadership role; that no-one should be able to influence and dominate
the Tatmadaw; that the Tatmadaw should be given the right to plan and manage
its own affairs independently.
So, it is appraised that the following should
be laid down as a principle to form basis in formulating State fundamental
principles regarding the right for the Tatmadaw to independently plan and
manage affairs concerning the forces:
-- For the Tatmadaw to have the right to
independently plan and manage all affairs concerning the forces.
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[Authority of Commander-in-Chief] by U Tun
Yin Law
Esteemed delegates,
I have presented salient points taken from
proposals of delegates groups on the matter of assigning the Defence Services
Commander-in-Chief to be the head of all armed organizations in the State. Mro
or Khami National Solidarity Organization and Union Pa-O National Organization
from the political party delegates group, representative-elect of Mro or Khami
National Solidarity Organization from the representatives-elect delegates group
and six delegates groups made it clear that all armed organizations in the
State should be responsible to the Defence Services Commander-in-Chief;
otherwise, if they are separate, there could be danger for the country; so the
Defence Services Commander-in-Chief should be assigned as the head of all armed
organizations in the State.
So, it is appraised that the following should
be laid down as a principle to form basis in formulating State fundamental
principle for assigning the Defence Services Commander-in-Chief as head of all
armed forces:
-- The Defence Services Commander-in-Chief is
the head of all armed forces.
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[Justice,
Esteemed delegates,
In an overall appraisal of discussions and
proposals of the delegates groups, it is found they made it clear that further
flourishing of the worthiest of worldly values such as justice, liberty and
equality in the State should be laid down as a fundamental principle.
So it is appraised that the following should
be laid down as a principle to form basis in formulating State fundamental
principle in connection with further flourishing of the worthiest of worldly
values such as justice, liberty and equality in the State:
-- For every citizen to have the right to
enjoy equality, liberty and justice etc prescribed in this State Constitution.
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[Citizenship] by U Myo Thant
Esteemed delegates,
In an overall review of the discussions by
delegates groups on citizenship, naturalization and revocation of citizenship,
it is found that they made it clear that all born of parents both of whom are
nationals should be citizens and that citizenship, naturalization and
revocation of citizenship etc. shall be as prescribed by law.
The main points from the proposals above
which are to be included in the fundamental principles and the details are to
be discussed when we get to respective chapters.
So it is appraised that the following should
be laid down as a principle to form basis in formulating State fundamental
principle on citizenship, naturalization and revocation of citizenship:
-- All persons born of parents both of whom
are nationals are citizens. All persons who have become citizens on the date this
State Constitution comes into force are citizens. Citizenship, naturalization
and revocation of citizenship shall be as prescribed by law.
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Esteemed delegates,
In an overall review of the discussions of
the delegate groups on the rights of citizens, it is found they have covered
every citizen's right to equality in status, equality in opportunity, equality
before law, and social justice, economic justice and political justice on the
basis on [sic] eternal principles of justice, liberty and equality; in doing
so, they included matters to be guaranteed by law in accord with the nature of
democracy, such as rights of expression, publication, assembly, worship,
ownership and livelihood and they also included proposals to avoid excessive
and indisciplined exercise of these rights and live up to integrity that should
be upheld the people in accord with law [sic]. They also made it clear that
there should be the right for all the people, with no-one high or low, to enjoy
them equally.
So it is appraised that the following should
be laid down as a principle to form basis in formulating State fundamental
principle on rights of citizens:
-- To prescribe that necessary law will be
enacted for effectiveness, firmness and completeness of freedoms, right,
privileges, responsibilities and restrictions of citizens.
(NLM 9/8)
Sept. 8: The plenary session continued, with
645 of 698 delegates present. The Panel of Alternate Chairmen continued
appraisals and clarifications of proposal papers [text as published in NLM]:
[Equality Before the
Law] by U Wan Tin
Esteemed delegates,
In an overall review of the discussions by
delegate groups on laying down a fundamental principle that every citizen is
equal before the law, it is found that they have expressed sentiments that
every citizen should be equal before the law, and that only when there is
equality before law irrespective of race, religion, sex, social or economic
status will it be a country where law prevails.
That is included in the principle for every
citizen to have the right to enjoy equality, liberty and justice etc,
prescribed in this State Constitution and so it is appraised it need not be
laid down as a separate principle.
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
[Duty of Citizens] by U Wan Tin
Esteemed delegates,
In an overall review of the discussions and
proposals of delegate groups for laying down fundamental principles for not
just the Tatmadaw but all the people of the Union to safeguard the Three Main
National Causes, it is found that they have made it clear it is necessary to
lay down a principle that it is the duty of every citizen to safeguard
non-disintegration of the Union, non-disintegration of national solidarity and
perpetuity of sovereignty.
So it is appraised that it should be laid
down as follows as a principle to form basis in formulating State fundamental
principles for every citizen to have the duty to maintain the Three Main
National Causes:
-- Every citizen has the duty to safeguard
non-disintegration of the Union, non-disintegration of national solidarity and
perpetuation of sovereignty.
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
[Citizens' Rights and Responsibilities] by U
Mya Sein
Esteemed delegates,
What I have just read out are associated
proposals in connection with citizens, citizens' fundamental rights and
responsibilities. It is found that these proposals should be laid down as
principles to form basis in formulating State fundamental principles concerning
citizens. So, it should be laid down as principles that:
-- Every citizen shall be responsible to
abide by the State Constitution,
-- Every citizen shall be responsible to
learn military science in accord with law,
-- Every citizen shall be responsible to
undergo military service in accord with law,
-- To prescribe that public peace and
tranquillity and prevalence of law and order is the responsibility of every
citizen,
-- there shall be no
right to hold a citizen in detention for more than 24 hours without the
permission of a law court,
-- The State is to help promote the interests
of intellectuals and intelligentsia,
-- The State is to care for mothers and
children, orphans, fallen Tatmadaw members' children, the old and the infirm,
and the disabled,
-- The State is to arrange to permit citizens
the right of ownership, right of inheritance, right of private enterprise,
right of invention and right of patent in accord with law.
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
[Culture] by U Thein Lwin
Esteemed delegates,
In an overall review of discussions by
delegate groups on fundamental principles concerning cultural matters, it is
found they made it clear that principles should be laid down for the rights of
every national to freely cultivate, preserve, speak and write one's own
language, literature, culture and customs, that there should be arrangements to
safeguard them, that it is necessary to preserve national culture so as to ward
off cultural colonization, nationalities language and literature should be prescribed
and taught as subjects at the University of Culture; only then would it be
possible to preserve national pride and national characteristics along with
development of the country and that it is appropriate to undertake the work
concerning literature, culture, fine arts that are cultural heritages within
the framework of national culture.
So it should be laid down as follows as a
principle to form basis in formulating State fundamental principles concerning
culture:
-- The State shall assist in development of
nationalities language, literature, fine arts and culture,
-- The State shall assist in development,
consolidation and preservation of national culture.
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
[Nationalities Development] by Col. Thaik Tun
Esteemed delegates,
Delegate groups have discussed and proposed
fundamental principles that should be laid down for development of our national
brethren of less developed areas.
Moreover, they have proposed that the State
help promote mutual friendship and respect, mutual cooperation and solidarity
among the nationalities. In an overall review of the delegate groups'
discussions, it is found they have clearly spoken for the State to help develop
education, health, economy, transport and communications of the nationalities
in the less developed areas and promote mutual friendship and respect, mutual
cooperation and solidarity among the nationalities.
So, it is appraised that it should be laid
down as follows, as principles to form basis in formulating State fundamental
principles on nationalities in the less developed areas:
-- The State is to help promote social and
economic development including education, health, economy, transport and
communications of less-developed nationalities,
-- The State is to help promote solidarity,
mutual friendship and respect and mutual cooperation among the nationalities.
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
[Peasants and Workers] by Col. Thaik Tun
Esteemed delegates,
In an overall review of discussions by
delegate groups on fundamental principles concerning peasants and workers, it
is found they have spoken for the peasantry to have guarantees for equitable
value of their agricultural produce and for workers to have equitable wages,
safe and pleasant working conditions and social security benefits.
It is found that, just as they have submitted
points concerning uplift of the life of the peasantry such as the right to
freely sell agricultural produce and form associations, they have clearly
discussed fundamental principles that should be laid down to make laws and
rules on work-site conditions, wages, right to form associations, reduction of
unemployment, and opportunity to get gender-compatible employment, for
betterment of the life of workers.
So, it is appraised that it should be laid
down as follows, as principles to form basis in formulating State fundamental
principles:
In connection with the peasantry:
-- The State is to enact necessary laws to
protect the rights of the peasantry,
-- To help the peasantry get equitable value
for their agricultural produce.
In connection with workers,
-- The State is to enact necessary laws to
protect the rights of workers,
-- The State is to help as much as it can to
reduce unemployment.
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
[State Service Personnel] by U Tun Yin Law
Esteemed delegates,
In an overall review of discussions by the
delegate groups to get fundamental principles concerning the State service
personnel, it is found they want personnel in the service of the State to have
security in life, develop their physical and intellectual abilities and enjoy
rights in full and they also want them to serve the State and the people, to be
free from party politics, to be good service personnel and to conduct
themselves with integrity. They have clearly discussed fundamental principles
on the need to ensure fair sufficiency while in service as well as after
retirement from service of the State and to lay down suitable codes of conduct
for them.
So, it is appraised that it should be laid
down as follows as principles to form basis in formulating State fundamental
principles concerning personnel in the service of the State:
-- State service personnel are to be free
from party politics,
-- The State is to enact necessary laws for
State service personnel to have due guarantee in service and sufficiency of
food, clothing and shelter, for married women in service to get maternity
benefits, and for welfare to ease living conditions of persons who have retired
from service.
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
[Education and Health] by U Ba Han
Esteemed delegates,
In an overall review of discussions by
various delegate groups concerning fundamental principles on education and
health, it is found the delegate groups spoke mainly for having education and
health policies that will contribute towards building of the State and raising of the living standards of the people.
In connection with the fundamental principle
on education, delegates spoke for giving free compulsory primary education to
all children of school-going age to give them all-round physical, intellectual
and moral education; providing education contributory to livelihood; providing
monastic school education; establishing a system of education that is firm and
up to international standards; and upgrading the teaching of arts, sciences,
technology and medicine up to international standards; and stressed that, in so
doing, there should be no lack of teachers in remote, hardly accessible areas
and there should be opportunities to get vocational education and learn
nationalities languages as optional subjects, and it is necessary to
concentrate on school education and contribute to growth of good citizenry with
grounding of civics.
As regards fundamental principles on health,
discussions highlighted the fact that it is necessary to lay down policies for
free medical service for the people, primary health care and prevention of
diseases and for sports and physical education to bring out national characteristics,
and it should also be included as fundamental principles to have no lack of
doctors in states; to permit private sector to undertake medical services in
addition to the services provided by the Government and to produce more doctors
and engineers from among the national races.
So, it is appraised that it should be laid
down as follows as principles to form basis in formulating State fundamental
principles on education and health:
-- The State is to earnestly strive to
improve education and health of the people,
-- The State is to enact necessary law to
enable the national people to participate in matters of education and health of
the people,
-- The State is to implement free compulsory
primary education system,
-- The State is to implement a modern education
system that will promote all-round correct thoughts and good morals and
contribute to building the nation.
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
[Agriculture and Industry] by U James Bond
Esteemed delegates,
In an overall review of discussions and proposals
of delegate groups on agriculture and industry, it is found the delegate groups
have stressed that it is advisable to change over to mechanised agriculture as
much as permitted by conditions, that only when there is development of
agriculture will there be development of the economy of the State and that only
when there is development of agriculture and industries will there be
development of the national economy.
Moreover, they made it clear it is necessary
to aim at modern development of agriculture, fish and meat and forest
production and development of domestic industries and to encourage innovations
and research in industry and strive for progress in keeping with the times.
So it is appraised that the following should
be laid down as a principle to form basis in formulating State fundamental
principles regarding agriculture:
In connection with agriculture,
-- The State is to provide inputs such as
technology, investment, machinery, raw materials etc as much as it can for
changeover from manual to mechanised agriculture.
In connection with industries,
-- The State is to provide inputs such as
technology, investment, machinery, raw materials etc as much as it can for
development of industry.
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
[Youth and Religion] by U Tin Oo
Esteemed delegates,
In an overall review of discussions and
proposals of the delegate groups on fundamental principles concerning youths,
it is found they have stressed that youths should be trained and cultivated to
have strong and patriotic spirit, correct thoughts and Five Strengths and
opportunities should be created to enable them to participate in an appropriate
role in activities of benefit to the country for the future State.
So it is appraised that the following should
be laid down as a principle to form basis in formulating State fundamental
principles regarding youth:
-- The State is to strive to imbue youths
with strong and dynamic patriotic spirit, correct thoughts and the Five
Strengths.
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Esteemed delegates,
On laying down a fundamental principle for
avoiding misuse of religion in political matters, delegate groups clearly
proposed that there should be freedom of worship and that it is necessary to
avoid misuse of religion for political purposes and draw a line to keep
politics and religion separate.
It is held that in freedom of religion it
should not be freedom without control; moreover, the State should as much as it
could help and look after religions it has recognized. So it is appraised that
the following should be laid down as principles to form basis in formulating
State fundamental principles concerning religion:
-- In religious affairs, every citizen shall
have equal right to freedom of thought and freedom of worship and composition,
provided it is not contrary to the rule of law and order, public morals or
public health or other provisions of the State Constitution.
-- The above right shall not cover allied
economic, financial, political and other secular undertakings, though they may
be associated with religious worship and composition,
-- Although such freedom and rights have been
given, it should in no way hinder enactment of law by the State in public
interest and reformation matters,
-- The State shall recognize that Buddhist
sasana is the religious sasana replete with its specific glory worshipped by
most citizens of the State,
-- The State shall recognize Islam,
Christianity, Hinduism and nat worship as religions existing in the country on
the day this Constitution comes into force,
-- The State shall help and protect as much
as it can the religions it recognizes,
-- Religion shall not be misused for
political purposes. Moreover, any act that is meant to or is likely to cause
enmity, hostility or discord between one side and another or between one order
and another is contrary to the State Constitution.
Law may be enacted to punish such acts.
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
[Economy] by U Myo Thant
Esteemed delegates,
In an overall review of discussions and
proposals by delegate groups regarding fundamental principles on economy, it is
found they have stressed it should be arranged to enable various forces namely
the State sector, regional organizations sector, cooperative organizations
sector, joint ventures sector and private enterprises sector to participate
actively to practise and economic system compatible with national objectives
can be practised [sic]; in laying down economic policies, the State should help
and coordinate for development of internal general resources, and enable all
national economic forces to participate in boosting commodity production and
finished products exports in commercial activities.
They have proposed that in the process there
should be plans for the State to assist the private sector, to ease material
living conditions of the people, to promote cooperative sector, to stabilize
commodity prices and to narrow the standard of living gap between various
regions and also that the State should be able to implement the economic system
in such way that it does not become a burden for the people.
The delegates spoke for the State to have an
independent economic policy, to have a market-based independent economic system
and to be able to change economic strategy as necessary according to situation
and in conjunction they also discussed matters of building the economic base
for national economic development and having guarantees so as to be able to
make full use of investments, expertise and innovations.
In addition, they clearly made the points
that financial policies and economic plans should suit the market-based
economic system and that economic enterprises should not be nationalised and
there should be given guarantees in monetary matters.
So, it is appraised that it should be laid
down as follows as principles to form basis in formulating State fundamental
principles concerning economy:
-- The State economic system shall be
market-based economic system,
-- The State shall permit all economic forces
such as the State itself, regional organizations, cooperative organizations,
joint venture organizations and private concerns etc to take part in economic
activities for the development of national economy,
-- The State shall prevent acts that harm
public interests through monopolisations of markets or manipulation of prices
by an individual or group with intent to jeopardize fair competition in
economic activities,
-- The State shall strive towards uplift of
living standards of the people and development of general investments,
-- The State shall assist to acquire
technology, investments, machinery and raw materials for development of
national economy,
-- The State shall not nationalise economic
enterprises,
-- The State shall not demonetize currency
that is legal tender.
(NLM 9/9)
Sept. 9: The plenary session resumed with 643
of 698 delegates present, and appraisals and clarifications by the Panel of
Alternate Chairmen continued for a final day, following which the plenary
session adjourned to Sept. 16 [texts as published in NLM]:
[Natural Resources] by U Myo Thant
Esteemed delegates,
In an overall review of discussions by
delegate groups on fundamental principles on State's natural resources, it is
found the delegates spoke for laying down a fundamental principle that 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; they made proposals
to have necessary laws, plans, policies and supervision in order to extract and
utilize them beneficially; they said it should be arranged to have scientific
protection of natural environment and to make it possible to use natural
resources most beneficially for generations.
It is therefore appraised that the following
should be laid down as a principle to form basis in formulating State fundamental
principles on natural resources:
-- The State is the ultimate owner of all the
land, natural resources above and below the ground, above and below the waters
and in the atmosphere,
-- The State shall enact necessary laws to
supervise economic forces' extraction and utilization of State-owned natural
resources.
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
[Elections] by U Wan Tin
Esteemed delegates,
In an overall review of the delegate groups'
proposals it is found they have made it clear every citizen should have
democratic rights such as the right to stand for election, the right to freely
vote and the right to recall representatives according to law, and the secret
ballot system should be practised in voting and necessary principles therefore
laid down.
So it is appraised that the following should
be laid down as principles to form basis in formulating State fundamental
principles in connection with elections:
-- Every citizen shall have the right to vote
and to stand for election according to law,
-- Voters concerned shall have the right, in
accord with provisions of the State Constitution, to recall elected peoples'
representatives.
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
[Political Parties] by U Tun Yin Law
Esteemed delegates,
In connection with principles concerning
political parties, the delegate groups made it clear that necessary laws must
be made for disciplined and systematic formation of political parties under
genuine multiparty democracy in the State; that, just as there will be political
parties covering the whole country, there can also be parties formed locally;
that political parties should have appropriate guiding philosophy, basic
political programme and practices; and that only if political parties are
systematically formed in accord with laws, rules and discipline will democracy
flourish and sere the interests of the State and the people.
So it is appraised that it should be laid
down as a principle to form basis in formulating State fundamental principles
in connection with political parties:
-- The State shall enact necessary law for
systematic formation of political parties concerning flourishing of genuine
multiparty democracy system.
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
[State of
Esteemed delegates,
An overall review of discussions and
proposals of delegate groups on the fundamental principle concerning state of
emergency provisions--a fundamental principle that should be involved in
writing of the Constitution--will now be given.
In a study of discussions concerning state of
emergency, it is found they have made it clear that there have been instances
when the Tatmadaw, capable of standing unitedly as a national force,
unavoidably had to take over State power and restore stability in the State when
political means became incapable of solving political problems that arose due
to political instability in the country or when there were splits of political
parties and the rule of law and order, public peace and tranquillity broke down
in the country; and that when it becomes necessary to unavoidably take over
State power due to general situation that really comes about in the country,
the Tatmadaw will be free of criticism from both within and without by
proceeding in accord with provisions of the Constitution. Moreover, in a study
of discussions and proposals put forward by delegate groups, it is found, they
proposed that, in case a state of emergency comes about endangering security,
life and property of the people, the Tatmadaw should be given rights to deal
with the situation and provide protection. They have discussed and proposed
with clarity for laying down fundamental principles empowering the Defence
Services Commander-in-Chief to take over and exercise State power in accord
with the provisions of the Constitution if there arises a state of emergency
harmful to the Three Main National Causes due to takeover of State power or
attempt therefor by wrongful and forcible means such as insurgency.
In addition to states of emergency discussed
by other delegate groups, it is found the worker delegates group pointed out
that, just as there had been states of emergency arising form political
instability in the State, there had also been states of emergency arising from
mixing of politics, religion and business interests; and that the government of
the State should issue necessary orders, rights [sic] and laws and take
necessary steps, in the interests of the people, for the rule of law and order,
for security and defence of people's life and for stability and peace if such
situations arise in future. In a study and appraisal of the discussions, it is
found that there can also arise states of emergency
characterised by inability to carry out administrative functions in accord with
provisions of the Constitution in a region, a state or a self-administered
area. It is appraised that a fundamental principle should be laid down to
empower the President of the State to exercise executive power in the area of
such a state of emergency and if necessary also to exercise legislative power
concerning that area, in accord with provisions of the Constitution.
So, the following should be laid down as
principles to form basis in formulating State fundamental principles concerning
state of emergency:
-- When there arises a state of emergency
characterised by inability to carry out administrative functions in a region or
a state or a self-administered area in accord with provisions of the
Constitution, the President of the State is empowered to exercise executive
powers in that region, state or self-administered area and if necessary in
doing so, the President of the State is empowered to exercise legislative
powers concerning that region, state or self-administered area in accord with
provisions of the Constitution,
-- When there arises or there is sufficient
reason to arise a state of emergency endangering life and property of the
people in a region, a state or a self-administered area, the Tatmadaw shall
have the right, in accord with provisions of the Constitution, to pre-empt that
danger and provide protection,
-- When there arises a state of emergency
that could cause disintegration of the Union, disintegration of national
solidarity and loss of national sovereignty, due to takeover of sovereign State
powers or attempts therefore by wrongful forcible means such as insurgency or
violence the Defence Services Commander-in-Chief shall be empowered to take
over and exercise State power in accord with provisions of this State
Constitution.
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
[Amendment; National Symbols] by U Ba Han
Esteemed delegates,
We find that some delegate groups have
discussed matters in connection with fundamental principle on amendment of the
Constitution. It is noted that some delegate groups, though, have deferred
discussions thereon as it will come up for detailed discussions later when we
get to relevant chapter heading.
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Esteemed delegates,
We find some delegate groups have discussed
matters in connection with the fundamental principle on the State Flag, Emblem,
National Anthem and Capital but it is noted that most of the delegates, though,
have deferred discussion thereon as it will come up for detailed discussions
later when we get to relevant chapter heading.
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
[Foreign Affairs] by U Thein Lwin
Esteemed delegates,
You have already heard the delegate groups'
discussions on foreign affairs. In an overall review of the discussions, it is
found they clearly expressed sentiments for practising the following
fundamental principles:
-- Myanmar Naing-Ngan is to practise
independent, active and non-aligned foreign policy,
-- To maintain friendly relations with
nations, with aims at world peace,
-- To uphold the principle of peaceful
co-existence of nations.
Moreover, some delegate groups spoke for
upholding the five principles of peaceful co-existence. There also emerged in
association proposals to lay down fundamental principles that the State shall
never start aggression against any nation and that the State shall not allow
deployment of any foreign troops in the country, in accord with the essence of
the principles of "non-aggression by one nation against another" and
"non-interference in one another's internal affairs" as contained in
the five principles.
So, it is appraised that the following should
be laid down as principles to form basis in formulating State fundamental
principles on foreign affairs:
-- The State shall practise independent,
active and non-aligned foreign policy,
-- To aim at world peace and friendly
relations with nations,
-- To uphold the principles of peaceful
co-existence among nations,
-- The State shall never start aggression
against any nation,
-- Not to allow deployment of any foreign
troops in the country.
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
[Environment; National Language] by U James
Bond
Esteemed delegates,
It is found that delegates' discussions on
protection of the natural environment are points to be earnestly considered for
the future of the nation.
So, it is appraised that the following should
be laid down as a principle to form basis in formulating State fundamental
principles on protection of the natural environment:
-- The State shall protect the natural
environment.
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Esteemed delegates,
It is found that presentations on prescribing
Myanmar language as the official language of the State should be included as a
fundamental principle.
So, the following should be laid down as a
principle to form basis in formulating State fundamental principle on
connection with Myanmar language:
-- Myanmar language is the official language.
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
[Interpretation; Transition Period] by U Tin
Oo
Esteemed delegates,
In an overall review of the delegate groups'
proposals on the matter of laying down that the fundamental principles are
guidelines for interpreting the Constitution and other laws, it is found that
they have clearly spoken for prescribing the State fundamental principles as
guidelines in making laws or interpreting provisions of the Constitution and
other laws. In a study of the constitutions of other nations, too, it is found
that the State fundamental principles contained in them are prescribed as
guidelines to be followed in making laws or interpreting provisions of the
constitutions and other laws.
So, it is appraised that the following should
be laid down as a principle to form basis in formulating State fundamental
principles in connection with interpretation of the Constitution and other
laws:
-- The State fundamental principles are to be
guidelines to be followed by the legislative hluttaws in enacting laws and in
interpreting provisions of the Constitution and other laws.
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Esteemed delegates,
Some delegate groups have discussed
principles concerning provisions in the period of transition. It is taken that
most of the delegate groups, though, have deferred discussions thereon as they
will come up for detailed discussions later when we get to relevant chapter
heading.
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
[The Six Objectives] by Col. Thaik Tun
Esteemed delegates,
In an overall review of the delegate groups'
discussions on the six objectives of the National Convention, it is found that
they have proceeded on the basis of the six objectives in discussing and
proposing principles to form basis in formulating the State fundamental
principles for inclusion in writing the Constitution.
So, it is appraised, in conclusion, that
these six objectives, stated below, should be laid down as objectives in the
State fundamental principles:
-- Non-disintegration of the
-- Non-disintegration of national solidarity,
-- Perpetuation of sovereignty,
-- For a genuine multiparty democracy system
to flourish,
-- For the further burgeoning of the noblest
and worthiest of worldly values such as justice, liberty and equality,
-- For the Tatmadaw to be able to participate
in the national political leadership role of the future State.
(NLM 9/10)
Clarifications by U Aung Toe
Sept. 16: The plenary session of the National
Convention resumed, with 649 of 698 delegates present, and heard clarifications
by Convening Work Committee Chairman U Aung Toe and a speech by Convening
Commission Chairman Lt-Gen. Myo Nyunt.
U Aung Toe said [full text]:
Esteemed Chairman and National Convention
delegates,
In connection with the matter of laying down
the principles to form basis in formulating State fundamental principles for
the drafting of the State Constitution, proposals contained in 22 papers
presented by eight Convention delegate groups have been analysed thoroughly by
the Panel of Alternate Chairmen at the National Convention Plenary Session held
from 6 to 9 September 1993 and principles that should be laid down as basic
principles have been presented in an overall appraisal covering each of the
subject matters. The National Convention Convening Work Committee met and
coordinated with the Panel of Alternate Chairmen and it is found that
appraisals of the Panel of Alternate Chairmen are ones that should be taken
seriously. It is also found that virtually all these appraisals are congruent
with discussions and proposals of delegate groups on fundamental principles
concerning chapter headings as expounded in the National Convention Convening
Commission Chairman's address and my clarification in the matter of laying down
basic principles for formulating State fundamental principles at the National
Convention Plenary Session on 7 June. So, taking the appraisals of the Panel of
Alternate Chairmen as a basis, the National Convention Convening Work Committee
hereby submits that basic principles for formulating State fundamental
principles are laid down as follows:
(1) In connection with the State, it is laid
down that--
(a) Myanmar Naing-Ngan is a sovereign,
independent nation;
(b) the State shall
be known as Pyidaungsu Thamada Myanmar Naing-Ngan-Daw;
(c) sovereign power
of the State is derived from the citizens and is in force in the whole country;
(d) the territorial
boundary of the State is as it is on the day this State Constitution comes into
force.
(2) In connection with the aims and
objectives of the State, it is laid down that: the State is consistently aimed
at--
(a) non-disintegration
of the
(b) non-disintegration
of national solidarity;
(c) perpetuation of
sovereignty;
(d) flourishing of a
genuine multiparty democracy system;
(e) further
burgeoning of the noblest and worthiest of worldly values namely justice,
liberty and equality in the State;
(f) for the Tatmadaw
to be able to participate in the national political leadership role in the
State.
(3) In connection with multiparty democracy,
it is stipulated that--
-- the State
practises genuine multiparty democracy system.
(4) In connection with State structure, it is
laid down that--
(a) the State is
constituted by Pyidaungsu (
(b) the existing
seven divisions are designated seven regions and the existing seven states are
designated seven states. Those seven regions and seven states are of equal
status and authority;
(c) the names of
those seven regions and seven states are retained as they are at present;
(d) if it is desired
to change the name of a region or a state, it shall be done so with enactment
of law after ascertaining the wishes of citizens residing in the region or
state concerned;
(e) in regions or states, self-administered
areas are to be prescribed for national races who reside together in
communities on the same common stretches of land in appropriate sizes of
population, other than national races who have already got regions or states;
(f) depending on
size of population and inhabited area, they are to be prescribed as
self-administered divisions or self-administered zones as suitable;
(g) no part of the
territory of the State, namely regions, states and self-administered areas etc.
shall ever secede from the State.
(5) In connection with the Head of State, it
is laid down that--
(a) the Head of
State is the President of the State;
(b) the President of
the State is elected by presidential electoral college.
(6) In connection with separation and
distribution of sovereign State power, it is laid down that--
(a) the three branches of State power,
namely, legislative power, executive power and judicial power are separated as
much as possible and exert reciprocal control, check and balance among
themselves;
(b) the three
branches of State power so separated are distributed among Pyidaungsu (Union),
regions, states and self-administered areas.
(7) In connection with legislature, it is
laid down that--
(a) the legislative
power of the State is distributed among Pyidaungsu Hluttaw, Region Hluttaws and
State Hluttaws; legislative power stipulated by the State Constitution shall be
distributed to self-administered areas;
(b) Pyidaungsu Hluttaw consists of two
Hluttaws--one Hluttaw elected on the basis of population and the other one with
equal number of representatives elected from regions and states;
(c) there will be a
Region Hluttaw in each of the seven regions and a State Hluttaw in each of the
seven states;
(d) Pyidaungsu Hluttaw, Region Hluttaws and
State Hluttaws include Tatmadaw servicemen Hluttaw representatives nominated as
such by Defence Services Commander-in-Chief in numbers stipulated by the State
Constitution;
(e) for national
races with appropriate sizes of population, national race representatives are
to be permitted to participate in legislatures of regions, states or
self-administered areas concerned.
(8) In connection with executive branch, it
is laid down that--
(a) the head of
executive of the State is the President of the State;
(b) the executive
power of the State is distributed among the administrative organs of the
Pyidaungsu, regions and states; self-administrative power shall be distributed
to self-administered areas as stipulated by the State Constitution;
(c) Pyidaungsu, regions, states,
self-administered areas and districts' executive organs include Tatmadaw
servicemen nominated by Defence Services Commander-in-Chief to undertake
responsibilities of defence, security, border administration etc.
(d) for national races of which
representatives are so permitted to participate in legislatures of regions,
states or self-administered areas in accord with above paragraph (7)
sub-paragraph (e), representatives are to be permitted to participate, mainly
to undertake their national race affairs, in administration of respective
region, state or self-administered area;
(e) the State is to
set up commission and undertake matters stated in above paragraph (4)
sub-paragraphs (e) and (f) and paragraph (7) sub-paragraph (e) and this
paragraph sub-paragraph (d).
(9) In connection with the judiciary, it is
laid down that--
(a) the judicial power of the State is
distributed among Pyidaungsu Taya Hluttaw (Supreme Court), Region Taya Hluttaw
(Region High Court), State Taya Hluttaw (State High Court) and law courts of
different levels including law courts of self-administered areas;
(b) in the
Pyidaungsu is constitute one Pyidaungsu Taya Hluttaw. Pyidaungsu Taya Hluttaw
is the supreme law court of the State;
(c) Pyidaungsu Taya Hluttaw has powers to
issue writs;
(d) a Region Taya
Hluttaw is constituted in each of the regions and a State Taya Hluttaw is
constituted in each of the states;
(e) the following
are stipulated as judicial principles:
-- independent
administration of justice in accord with law;
-- administration of
justice in public except where restricted by law;
-- giving of right of defence and right of
appeal by law in cases.
(10) In connection with the Tatmadaw, it is
laid down that--
(a) the Tatmadaw is
strong, modern and must be the sole existing Tatmadaw;
(b) the Tatmadaw has
the right to independently administer all affairs concerning the forces;
(c) the Defence
Services Commander-in-Chief is the Supreme Commander of all armed forces;
(d) the Tatmadaw has
the right to administer for participation of the entire people in State
security and defence;
(e) the Tatmadaw is
mainly responsible for safeguarding non-disintegration of the Union, non-disintegration
of national solidarity and perpetuation of sovereignty;
(f) the Tatmadaw is
mainly responsible for safeguarding the State Constitution.
(11) In connection with citizens and
citizens' fundamental rights and responsibilities, it is laid down that--
(a) all persons born of parents both of whom
are nationals are citizens; all persons who have become citizens in accord with
law on the date the State Constitution comes into force are citizens; and
citizenship, naturalization and revocation of citizenship shall be as
prescribed by law;
(b) every citizen
shall enjoy rights of equality, rights of liberty and rights of justice etc. as
prescribed in the State Constitution;
(c) there shall be
no right to hold a citizen in detention for more than 24 hours without the
permission of a law court;
(d) every citizen
has the duty to safeguard non-disintegration of the Union, non-disintegration
of national solidarity and perpetuation of sovereignty;
(e) every citizen is
responsible to abide by and uphold the State Constitution;
(f) every citizen
shall have the duty to learn military science as prescribed by law;
(g) every citizen
shall be responsible to undergo military service as prescribed by law;
(h) public peace and
tranquillity and prevalence of law and order is the responsibility of every
citizen;
(i) necessary law
shall be enacted to make citizens' freedoms, rights, benefits, responsibilities
and restrictions effective, firm and complete.
(12) In connection with the national races,
it is laid down that--
(a) the State shall
help develop language, literature, fine arts and culture of the national races;
(b) the State shall
help promote solidarity, mutual amity, and respect and mutual help among the
national races;
(c) the State shall
help promote socio-economic development including eduction, health, economy,
transport and communications of less developed national races;
(13) In connection with the peasantry, it is
laid down that--
(a) the State shall
enact necessary laws to protect the rights of the peasantry;
(b) the State shall
help the peasantry get equitable value for their agricultural produce.
(14) In connection with workers, it is laid
down that--
-- the State shall
enact necessary laws to protect the rights of workers.
(15) In connection with intellectuals and
intelligentsia, it is laid down that--
-- the State shall
help promote the interests of the intellectuals and intelligentsia.
(16) In connection with the State service
personnel, it is laid down that--
(a) State service personnel shall be free
from party politics;
(b) the State shall
enact necessary laws for State service personnel to have due security in
service and sufficiency of food, clothing and shelter, for married women in
service to get material benefits, and for welfare to ease livelihood of persons
who have retired from service.
(17) In connection with national culture, it
is laid down that--
-- the State shall
help for development, consolidation and preservation of national culture.
(18) In connection with education and health,
it is laid down that--
(a) the State shall
earnestly strive to improve education and health of the people;
(b) the State shall
enact necessary law to enable the national people to participate in matters of
education and health of the people;
(c) the State shall
implement free compulsory primary education system;
(d) the State shall
implement a modern education system that will promote all-round correct
thoughts and good morals and contribute towards building of the nation.
(19) In connection with agriculture and
industry, it is laid down that--
(a) the State shall
provide inputs such as technology, investments, machinery, raw materials etc.
as much as it can for changeover from manual to mechanized agriculture;
(b) the State shall
provide inputs such as technology, investments, machinery, raw materials etc.
as much as it can for development of industries.
(20) In connection with employment it is laid
down that--
-- the State shall,
as much as it can, help reduce unemployment among the people.
(21) In connection with mothers, children,
the old and the infirm, it is laid down that--
(a) the State shall
care for mothers and children, orphans, fallen Tatmadaw servicemen's children,
the old and the infirm, and the disabled;
(b) the State shall arrange
for disabled Tatmadaw servicemen to be able to make a respectable livelihood
and get free vocational training.
(22) In connection with the youths, it is
laid down that--
-- the State shall
strive to imbue youths with strong and dynamic patriotic spirit, correct way of
thinking and the five noble strengths.
(23) In connection with religion, it is laid
down that--
(a) every citizen is
equally entitled to freedom of conscience and the right freely to profess and
practise religion, subject to public order, morality or health and to the other
provisions of the State Constitution;
(b) the above right
shall not include any economic, financial, political or other secular
activities that may be associated with religious practice;
(c) the freedom so
guaranteed shall not debar the State from enacting laws for the purpose of
social welfare and reform;
(d) the State
recognizes the special position of Buddhism as the faith professed by the great
majority of the citizens of the State;
(e) the Sate also
recognizes Islam, Christianity, Hinduism and Animism as some religions existing
in the State at the date of the coming into force of the State Constitution;
(f) the State shall
help and protect as much as it can the religions it recognizes;
(g) the abuse of
religion for political purposes is forbidden; and any act which is intended or
is likely to promote feelings of hatred, enmity or discord between racial or
religious communities or sects is contrary to the State Constitution and may be
made punishable by law.
(24) In connection with the economy it is
laid down that--
(a) the State
economic system shall be market economic system;
(b) the State permits all economic forces
such as the State itself, regional organizations, cooperative organizations,
joint venture organizations and private concerns etc. to take part in economic
activities for the development of national economy;
(c) the State shall
prevent acts that harm public interests through monopolization or manipulation
of prices by an individual or group with intent to jeopardize fair competition
in economic activities;
(d) the State shall
strive towards uplift of living standards of the people and development of
general investments;
(e) the State shall
assist to acquire technology, machinery and raw materials etc. for development
of national economy;
(f) the State will
not nationalize economic enterprises;
(g) the State will
not demonetize currency that is legally put into circulation.
(25) In connection with the land, the waters,
the atmosphere and natural resources, it is laid down--
(a) the State is the
ultimate owner of all the land, and natural resources above and below the
ground, above and beneath the waters and in the atmosphere within its
territorial boundary;
(b) the State shall
enact necessary law to supervise economic forces' extraction and utilization of
State-owned natural resources;
(c) the State shall
permit citizens' right of private property, right of inheritance, right of
private enterprise, right of initiative and right of patent in accord with law.
(26) In connection with elections, it is laid
down that--
(a) every citizen
shall have the right to vote and to stand for election according to law;
(b) voters concerned
shall have the right, in accord with the provisions of the State Constitution,
to recall elected people's representatives.
(27) In connection with political parties, it
is laid down that--
-- the State shall
enact necessary law for systematic formation of political parties for
flourishing of genuine multiparty democracy system.
(28) In connection with state of emergency,
it is laid down that--
(a) when there arises a state of emergency
characterised by inability to perform executive functions in accord with
provisions of the State Constitution in a region or a state or a self-administered
area, the President of the State is empowered to exercise executive power in
that region, state or self-administered area and if necessary in doing so, the
President of the State is empowered to exercise legislative powers concerning
that region, state or self-administered area in accord with provisions of the
State Constitution;
(b) when there arises or there is sufficient
reason to arise a state of emergency endangering life and property of the
people in a region, a state or a self-administered area, the Tatmadaw has the
right, in accord with provisions of the State Constitution, to pre-empt that
danger and provide protection;
(c) when there arises a state of emergency
that could cause disintegration of the Union, disintegration of national solidarity
and loss of national sovereignty, due to takeover of sovereign State power or
attempts therefor by wrongful forcible means such as insurgency or violence,
the Defence Services Commander-in-Chief has the right to take over and exercise
State power in accord with provisions of the State Constitution.
(29) In connection with foreign affairs, it
is laid down that--
(a) the State
practises independent, active and non-aligned foreign policy, aims at world
peace and friendly relations with nations, and upholds the principles of
peaceful co-existence among nations;
(b) the State never
starts aggression against any nation;
(c) no foreign
troops are permitted to be deployed within the borders of the
(30) In connection with punishments, it is
laid down that--
(a) there is no
right for any penal law to provide for retrospective effect;
(b) there is no
right to prescribe punishments that violate human dignity.
(31) In connection with the natural
environment, it is laid down that--
-- the State shall
protect the natural environment.
(32) In connection with general provisions,
it is laid down that--
(a)
(b) the State
fundamental principles are guidelines to be followed by the legislative
hluttaws in enacting laws and in interpreting provisions of the State
Constitution and other laws;
(c) a Constitutional Tribunal shall be set up
to interpret provisions of the State Constitution, to scrutinize whether or not
laws enacted by Pyidaungsu Hluttaw, Region Hluttaws and State Hluttaws and
functions of executive authorities of Pyidaungsu, regions, states and
self-administered areas are in conformity with the State Constitution, to
decide on disputes in connection with the State Constitution between Pyidaungsu
and regions, between Pyidaungsu and states, between regions and states, among
regions, among states, and between regions or states and self-administered
areas and among self-administered areas themselves [and?] to perform other
duties prescribed in the State Constitution.
Esteemed Chairman and National Convention
delegates,
After the basic principles have been so laid
down for formulating State fundamental principles, it will be carried on as
follows:
-- of those basic
principles are to be taken as basis in discussing basic principles in
respective chapters;
-- of those basis
principles, those that should be mentioned in the preamble of the State
Constitution should be mentioned also in that preamble;
-- principles
concerning the State are to be mentioned separately in the chapter heading
"The State";
-- likewise,
principles concerning respective chapters are to be transferred to respective
chapters when discussions are held for those respective chapters;
-- principles
concerning the chapter "State fundamental principles" are to be
retained in the chapter on State fundamental principles.
The National Convention Convening Work
Committee has reported to the National Convention Convening Commission that the
work will be carried on as detailed above. The Commission accepted and
confirmed it and directed that it be presented to the National Convention
Plenary Session. Hence, this clarification.
Esteemed Chairman and National Convention
delegates,
As it is known to all delegates, the basic
principles for formulating State fundamental principles are the very life of
the State Constitution, key points of the State Constitution, and the essence
of the Constitution and the work for laying down those basic principles is
extremely important and the most primary. For having worked heart and soul for
successful completion of such an extremely important and vital task like this,
special thanks to all National Convention delegates and all members of the
Panel of Chairmen who have led and supervised the proceedings are expressed in
conclusion on behalf of the National Convention Convening Work Committee.
(NLM 9/17)
Speech by Lt-Gen. Myo Nyunt
Concluding the plenary session, and
adjourning the Convention to
Esteemed delegates of the National
Convention,
I extend my best wishes for auspiciousness
and well-being in body and mind of the delegates to the National Convention.
Now is the time of extremely good momentum in
the convening of the National Convention.
Such a success is due to the delegates and
respective committees working systematically, stage by stage, in cooperation
between one another.
With goodwill, perseverance, tenacity, wisdom
and foresight, the delegates have for three months held discussions in
coordination to obtain basic principles to form basis in formulating State
fundamental principles, compiled proposals and presented them at the plenary
session.
It is learnt that the Panel of Alternate
Chairmen has thoroughly studied proposals for State fundamental principles in
900 pages of 22 discussion papers at the Convention plenary session. The
essence of these proposals were analysed by the Panel of Alternate Chairmen and
the National Convention Convening Work Committee Chairman and it was due to the
fact that primarily the proposals of the delegates in themselves are complete
and good in essence.
Esteemed delegates,
As is the law of nature, such values as
sentiments and views are not wont to be of only one kind, only one form or
concurrent. That being so is only natural. Moreover, it is not in the nature of
thoughts and views of ordinary human beings with the usual failings and foibles
to be perfect. Accordingly it is not surprising that different thoughts and
views occurred among our delegates. As for us, we have to earnestly consider,
along with the sentiments of delegates of political parties and sentiments of
representatives elected in the election, sentiments of national race delegates,
peasant delegates, worker delegates, intellectual and intelligentsia delegates,
State service personnel delegates and other invited delegates as well. In this
way we have been able to bring out what are prominent sentiments and associated
proposals.
As principles to form basis in formulating
State fundamental principles have been presented only after repeated rounds of
discussions and coordination group-wise by the eight delegate groups at this
National Convention of ours, these presentations are not just quantitative but
qualitative as well, as is inherent in themselves.
Delegates to the National Convention have
systematically presented their respective proposal papers on the State
fundamental principles to the Plenary Session. Thereafter, the Panel of
Alternate Chairmen took time to scrutinize them and made overall appraisal to
get principles to form basis in formulating State fundamental principles, and
has already submitted them to the Plenary Session most comprehensively. After
that, the National Convention Convening Work Committee met for coordination
with the Panel of Alternate Chairmen. Moreover, it made in-depth study and
appraisal of points proposed by the delegate groups and fully reported to the National
Convention Convening Commission on basic principles for the State fundamental
principles and the programme of work to be carried on. Thereupon the National
Convention Convening Commission made earnest studies and appraisals of
presentations concerning the State fundamental principles.
In so doing, it made serious scrutiny to see
whether the principles proposed by the National Convention delegates to form
basis in formulating the State fundamental principles can bring about
realization of the following which are included in the six objectives of the
National Convention:
-- the objective of
non-disintegration of the Union;
-- the objective of
non-disintegration of national solidarity;
-- the objective of
perpetuation of sovereignty;
-- the objective for
flourishing of a genuine multiparty democracy system;
-- the objective for
further burgeoning of the noblest and worthiest of worldly values such as
justice, liberty and equality;
-- the objective for
the Tatmadaw to be able to participate in the national political leadership
role of the future State.
Esteemed delegates,
The National Convention Convening Commission
being an organ formed and assigned by the State Law and Order Restoration
Council, it is responsible to the State Law and Order Restoration Council,
which in fact, is the Tatmadaw that has great historic traditions. Thus, the
Tatmadaw is the organization that saved the country from the danger of
disintegration in the nick of time and has been safeguarding and building the
nation, so much so as to have already brought about political, economic and
social progress that all can see today. So, the State Law and Order Restoration
Council being the most responsible and shouldering the greatest responsibility
in the country, it is a great responsibility for the National Convention
Convening Commission to take charge on its behalf and work for getting the
fundamental principles for the State at the National Convention. Truly as being
such a responsible organization, it has to responsibly make serious consideration
and appraisals.
Esteemed delegates,
The National Convention Convening Commission,
with a basic attitude of promoting the interests of the nation and the people
that are all national races, accepted and approved the recommendations that
have been presented by the National Convention Convening Work Committee.
Just as these principles need to be not only
noble and correct but also appropriate for the motherland and the life
situation of the people, it is highly essential that they serve the interests
of the State. There often are instances that some things in the world, good as
they may be, are not compatible with one's objective conditions.
Now a considerable way has been covered in
coordination to get principles to form basis in writing the State Constitution
as is the main task of the National Convention. As we move ahead, the
principles that have been brought out are to serve as central pillars in
coordination and discussions to get principles chapter-wise in detail. So, it
is seen that bases have been obtained for the way forward of the National
Convention.
Esteemed delegates,
As you have taken part in the National
Convention with enthusiasm and vigour, with might and main, with strenuous
efforts of the body and mind, you will more or less be feeling the strain.
Moreover, you have had to stay here away from home for many days. So in order
that you may go back home for some time to take rest and attend to family,
business and social affairs and in order that you may have time to study more
to get the best of ideas concerning matters in the chapters entitled 'The
State', 'The State Structure', etc, which will be discussed when the National
Convention is resumed soon, the Convention will go into recess beginning
tomorrow up to 17 January 1994.
I conclude expressing ardent wishes to see
you all together again in the best of health and good cheer when the National
Convention is resumed in coolness and purity of January.
(NLM 9/17)
Convention Adjourned to January
Sept. 16: The National Convention was
adjourned, to resume on January 18, 1994. (NLM 9/17)
Sept. 20: The Invitations, Receptions and
Accommodations Sub-Committee met and "said that the National Convention
has been adjourned till 17 January 1994 and therefore, it was necessary to
renovate the hostels, to check whether the electrification was good or not and
to effect repairs, to store the furniture and to wash and systematically store
bed clothes." (NLM 9/21)
Sept. 21: Chairman U Aung Toe of the Work
Committee "said that on resumption of the Plenary Session the remaining
chapter headings on the fundamental principles for writing of the Constitution
will be discussed in detail and in order and it is necessary for the Work
Committee members to study them while the session remained adjourned."
(NLM 9/22)