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 VIII, No. 1, January 1994
NATIONAL
CONVENTION
Convention Preparations
Convention Resumes Plenary Session
Lt-Gen. Myo Nyunt's Speech
Clarification by U Aung Toe
National Convention Proceedings
NATIONAL
CONVENTION
Convention
Preparations
Dec. 31: The National Convention Management
Committee met to prepare for the renewal of the Convention on Jan. 18. (NLM
1/1)
Jan. 3: Chairman Brig-Gen. Tin Aye of the
National Convention Management Committee inspected the preparations. (NLM 1/ 4)
Jan. 7: The National Convention Convening
Work Committee held its 19th meeting. Present were Chairman Chief Justice U
Aung Toe, Vice Chairman Attorney-General U Tha Tun and members. (NLM 1/8)
Jan. 11: Kunlong
special police force leader U Haw Shauk Chan and
party of Shan State (North) Special Region-1 donated K100,000
for the National Convention. \\ Chairman Lt-Gen. Myo Nyunt of the National
Convention Convening Commission inspected the preparations. (NLM 1/12)
Convention Resumes Plenary Session
Jan. 18: The National Convention Plenary
Session resumed, with 668 of 696 delegates present. An opening address [see
below] was given by Commission Chairman Lt-Gen. Myo Nyunt, and a
"clarification" [see below] by Convening Work Committee Chairman U
Aung Toe. Group discussions will begin at the Kyaikkasan
Grounds on Jan. 21.
Lt-Gen. Myo Nyunt's
Speech
Jan. 18: The following is the opening address
by Chairman of the National Convention Convening Commission Lt-
Gen. Myo Nyunt at the resumption of the
National Convention Plenary Session [full text]:
Esteemed delegates to the National
Convention,
First of all I would like to express a hearty
welcome to you with great pleasure at seeing you all present at the plenary
session of the National Convention that is reconvened now.
As you have been able to take time, discuss
relevant matters comprehensively and present proposals, it has been possible to
lay down principles to serve as basis in formulating State fundamental
principles for drafting the State Constitution at the plenary meeting of the
National Convention held on 16 September 1993, just as it has been possible to
discuss, coordinate and lay down necessary chapterwise
headings at the National Convention.
We are convening the National Convention and
through discussions seeking positive ideas to get detailed proposals relating
to principles to serve as basis chapterwise in
drawing up the State Constitution, getting together on the same plane with
political parties' delegates, representative-elect delegates, national races
delegates, peasant delegates, worker delegates, intellectuals and
intelligentsia delegates and other invited persons. It is known to all the
delegates that it is to get good ideas like that, that we are holding the
National Convention. This is an endeavour made with
noble and true goodwill by the State Law and Order Restoration Council.
We being of an organ assigned by the State
Law and Order Restoration Council are discussing, coordinating and consulting
with all esteem with the delegates worthy of it as ones travelling
on the same boat on the same journey, so to say, for building the new
democratic State with aims at entire national consolidation.
Accordingly, all delegate groups who have
come to attend and carry out duties at the National Convention at the
invitation of the National Convention Convening Commission are working hand in
hand with mutual respect for one another, all with integrity and dignity,
without discrimination as to which is, or which is not, of importance.
Esteemed delegates,
If I am to appraise the present situation, it
is a very delicate time of the State Law and Order Restoration Council's
endeavours directed at achieving total national consolidation. The State Law
and Order Restoration Council during the time of its taking responsibility of
the State has achieved extraordinary success in the realms of the State's
security, economic, social, education, health fields, preservation of national
culture and especially development of border areas and the improvement of roads
and communications in the whole country, as all can see for themselves and it
is needless to elaborate.
In the matter of national consolidation that
is in the political forefront, too, it has been specially
successful. Lack of peace and security in areas of insurgency that had
prolonged its evil existence all along in the over 45 years of national
independence has come to an end and the great majority of the areas of the
country has become peaceful and tranquil. We have to continue endeavours to
bring peace and tranquillity sooner or later to the
remaining areas as well.
The time has come for all national brethren
to join hands and strive together to bring full and complete peace and tranquillity in the entire country that we love and built
it up to become a developed modern nation.
So, at such a time when efforts are being
made with priority for organization to achieve the peak of political solidarity
for the State, all national races, and all organizations, inclusive of the
National Convention delegates, are urged to give utmost priority only to the
interests of the State, without placing their individual or group interests to
the fore.
At the National Convention, the delegates
have discussed and proposed points contributing towards principles to serve as
basis in formulating State fundamental principles in drafting the State
Constitution. They still have to carry on with discussion and coordination on
the specific details chapterwise to expound these
basic principles succinctly and completely.
In the course of such discussions and
coordination, there can be concurrence or divergence of opinions. In such cases
it is important not to be resentful about the divergence of views from one's
own. What is important is whether a thought or a view, no matter if it is one's own or of others, is contributory to the interests of
the nation and practicable. Only those thoughts and ways capable of serving
primary interests of the national people to the highest degree most practicably
should be sought.
Today, in our
Now up for discussion at the National
Convention are the chapter headings namely the State, State structure and the
Head of State. The delegates are to discuss and propose the required details,
not losing sight of but in keeping with, the already obtained basic principles.
In connection with the State structure, it is important to keep Our Three Main
National Causes as its content and essence. It is vitally important to further
strengthen the
In connection with the heading 'Head of
State' for further discussion at the National Convention, as basic principles
have already been obtained for designating the President as the Head of State
and having the system of executive headed by the President, the delegates will
have to discuss and coordinate such specific details as what should be the
qualifications required of the President of the Union, who would elect the
President of the Union and what should be the rights and responsibilities of
the President of the Union and so on.
In connection with the executive system of
the State, to mention some significant points worthy of note, it must be
observed that today, unlike in the past, communications and transportation are
advancing extremely rapidly in the world.
All over the world, in political, economic,
social and military spheres, things are happening, changing, at a fast pace, by
the minute, by the hour.
An active and dynamic executive machinery is truly needed for
protecting our own national interests in accord with the changes in the
international sphere. Specifically, the future administrative system needs to
be advanced and dynamic for perpetuating national sovereignty, safeguarding
integrity of territorial land, sea and air space and preventing any harm to
national interests and national integrity.
As it is highly necessary for a system of
executive headed by the President to be active and dynamic, to be able to
safeguard the nation in accord with rapid changes in international situation,
we Tatmadaw member representatives too will be doing our best helping carry out
duties that befit us in electing the President of the
The reason behind the necessity to provide
help in this way lies in the aim to enable promoting and safeguarding of
national interests, keeping pace with time, as international affairs move
rapidly and affect our national interests to a greater or lesser degree as I
have explained just then.
As relevant in passing, I would like to speak
a little on third of Our Three Main National Causes--perpetuation of
sovereignty. A point of greatest importance for the country is 'perpetuation of
sovereignty'. No one should in any way weaken or jeopardize the sovereignty of
the State. We cannot accept any act harming sovereignty in any way. Just as we
cannot stand any harm by any force outside, we cannot stand any harm by
traitors from within. National sovereignty that belongs to the people is
supreme and so it must be wielded by the central authority in accord with the
Constitution. So it is necessary for other organs to exercise their rights so
as not to encroach upon the rights of the central authority.
In truth, all of us, all national races have
the responsibility to reverently hold high and safeguard, even at risk of our
lives, the perpetuation of the sovereignty of the State which belongs to and
which is revered by all the national races.
Esteemed delegates,
The situation around us we are witnessing
today is showing us valuable lessons for our way ahead. It is as if the
situations are alerting us to be on guard. Even today, some opposed to national
interests are still attempting to grab power through shortcuts. It is a time
when they are lashing out with false accusations against the State, with
utterly malevolent outlook, turning a blind eye to the objective situation of
progress in the nation.
Although other nations' governmental
organizations, in keeping with international codes of conduct, refrain from
interfering in our internal affairs, we are hearing today some imperialist
subservient organizations interfering and meddling in others' internal affairs.
If the danger of devious interferences of that neo-colonialist group and those
acting against national interests are to be ignored, it will be tantamount to
sheer irresponsibility on the part of the one ignoring it.
Esteemed delegates,
The six objectives that we must unwaveringly
aim at in convening the National Convention are:
-- Non-disintegration of the
-- Non-disintegration of national solidarity;
-- Perpetuation of sovereignty;
-- Flourishing of genuine multiparty democracy
system;
-- Further burgeoning of the noblest and
worthiest of worldly values namely justice, liberty and equality in the State;
-- For the Tatmadaw to be able to participate
in the national political leadership role of the State.
In conclusion, I would like to urge you,
esteemed delegates, to keep the six objectives always in mind and strive for
the emergence of the State Constitution fully endowed with them, and
especially, to discuss and coordinate matters to get good ideas and thoughts
for the State, drawing from their rich store of wisdom to further enliven the
essence of the already coordinated and obtained 104 principles to serve as
basis in formulating State fundamental principles.
(NLM 1/19)
Clarification by U Aung Toe
Jan. 18: The following
"clarification" was given at the opening of the renewed Plenary
Session of the National Convention by Chairman of the National Convention
Convening Work Committee U Aung Toe [full text]:
Esteemed Chairman and delegates to the
National Convention,
I extend my greetings to the delegates of the
National Convention with best wishes for their wellbeing both in mind and body
and all auspiciousness.
As the delegates to the National Convention
know, principles to serve as basis in formulating State fundamental principles
have already been laid down. I have also explained at the Plenary Session of
the National Convention held on
-- of those basic
principles, relevant ones are to be taken as basis in discussing basic
principles in respective chapters;
-- of those basic
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.
Esteemed Chairman,
The principles to serve as basis in drawing
up the Constitution constitute the very life, the key, the essence of the State
Constitution. Now we have already obtained chapter headings so as to be orderly
in writing the State Constitution. We have also obtained principles to serve as
basis in connection with these chapter headings. So the delegates will be going
on to detailed discussions on principles to serve as basis in respective
chapter headings in accord with the programme I have just presented and within
the framework of the six objectives of the National Convention.
Esteemed Chairman,
At the Plenary Session of the National
Convention held on
Where relevant, I would like to speak of some
points we have learnt from the constitutions of
Esteemed Chairman,
I would like to clarify points in connection
with the chapters on the State, State Structure and Head of State which are
contiguous in discussions on chapters of the Constitution.
[The State]
In connection with the State, the basic
principles laid down are --
(1) Myanmar Naing-Ngan is a sovereign,
independent nation;
(2) the State shall
be known as Pyidaungsu Thamada Myanmar
Naing-Ngan-Daw.
(3) sovereign power
of the State is derived from the citizens and is in force in the whole country;
(4) the territorial
boundary of the State is as it is on the day this State Constitution comes into
force.
The basic principles laid down in connection
with 'the State' will be included in the chapter "The State". In
addition to these, there are more basic principles to be included in detail.
They are to be further discussed and proposed by the delegates.
[State Structure]
Esteemed Chairman,
In connection with the State Structure, the
basic principles laid down are --
(1) the State is
constituted by Pyidaungsu (
(2) 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;
(3) the names of
those seven regions and seven states are retained as they are at present;
(4) if it is desired
to change the name of a region or a state, it shall be done with enactment of
law after ascertaining the wishes of citizens residing in the region or state
concerned;
(5) 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;
(6) depending on
size of population and inhabited area, they are to be prescribed as
self-administered divisions or self-administered zones as suitable.
A commission responsible for prescribing so
is to be formed by the State;
(7) no part of the
territory of the
These basic principles constitute the main
essence in connection with the State structure. If there are more basic
principles that should be included in detail within these basic principles,
they are to be further discussed and proposed by the delegates in their
discussion on the chapter of the State Structure.
Esteemed Chairman,
In connection with State Structure, it has
been also laid down that --
-- 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;
-- the names of
those seven regions and seven states are retained as they are at present. In
accord with these principles, it is laid down, in connection with the names and
designation of regions and states, that --
(1) The following are designated as regions
and states in the nation --
--
--
--
--
-- Sagaing Region
-- Tanintharyi
Region
-- Bago Region
-- Magway Region
--
--
--
--
--
-- Ayeyarwady
Region
(2) Regions and States are of equal status
and authority.
[Self-Administered Areas]
Esteemed Chairman,
Among basic principles on State Structure I
have just presented, the following principles have been laid down for
self-administered areas:
-- 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;
-- depending on size
of population and inhabited area, they are to be prescribed as
self-administered divisions or self-administered zones as suitable.
-- A commission responsible for prescribing
so is to be formed by the State.
Esteemed Chairman,
As basic principles have been so laid down to
prescribe self-administered divisions or self-administered zones as necessary
depending on sizes of population of respective nationals and contiguity of
stretches of inhabited land, there arise situations
for prescribing self-administered divisions or self-administered zones.
In Regions or States, in addition to national
races who have got their own Regions or States, there are other national races
as well. Some national races have appropriate populations and are found to be
residing close together on the same stretches of land. The National Convention
has laid down the basic principle to prescribe self-administered division or
self-administered zone on the basis of size of population and area of land of
those nationals.
Esteemed Chairman,
The delegates are to discuss and propose how it
should be differentiated between self-administered divisions and
self-administered zones. As the self-administered divisions will have
legislative powers, executive powers and judicial powers as prescribed by the
State Constitution, there should be districts and townships in the
self-administered division. Though the self-administered division is not as
high in status as Region or State, it will be higher in status than the
districts in the Region or State.
Self-administered zones, though not as high
in status as self-administered divisions, will not be lower in status than
districts. It is found that such an area should be prescribed close together in
that area.
In connection with prescribing of
self-administered divisions or self-administered zones, a basic principle had
been laid down that if there arises occasion to prescribe a self-administered
division or a self-administered zone the State is to set up a commission to
proceed as necessary.
The State's setting up a commission for
prescribing self-administered divisions or self-administered zones is a
procedural matter. The will to act for the national brethren to get their due
rights expeditiously is bound to be unanimous in all the delegates to the
National Convention.
Accordingly, if the National Convention
delegates themselves discuss and prescribe right away as to which national
races should get self-administered divisions and which should get
self-administered zones, which areas should be designated for which national
races, in connection with national races who deserve self-administered
divisions or self-administered zones, instead of having the State set up a
commission to do so, the nationals concerned will be pleased and it will
further consolidate national unity.
So, we would like the delegates to discuss
and give their suggestions whether or not it will be appropriate to determine
right away where self-administered divisions or self-administered zones should
be prescribed in which regions or states, for the national races, who conform
to the basic principles already laid down, from among national races other than
those who have already got regions or states.
[Administrative Divisions]
Esteemed Chairman,
It will be necessary to lay down basic
principles under the chapter heading of 'The State Structure' to determine how
to organize the Union of Myanmar, exclusive or self-administered divisions and
self-administered zones.
According to the 1974 Constitution, villages
are organized as village-tracts, wards are organized as towns, village-tracts,
wards and towns are organized as townships, townships are organized as states
or divisions, and states and divisions are organized as the
The State Law and Order Restoration Council,
since its taking over State power, has designated ward and village-tract level,
township level, district level and State or Division level to enable State
organizations to have easy and speedy communications and to exercise close
supervision on the different stages of functioning of the State.
So, in connection with the State Structure,
the following principles should be laid down to serve as basis in organizing
the Union --
-- villages are
organized into village-tract,
-- wards are
organized into town or township,
-- village-tracts and
wards or towns are organized into township,
-- townships are
organized into district,
-- districts are
organized into region or state,
-- in a
self-administered zone townships therein are organized into the
self-administered zone,
-- in a
self-administered division townships therein are organized into districts and
these districts are organized into self-administered division,
-- if there be
self-administered division or self-administered zone in a region or a state,
the self-administered division, self-administered zone and districts are
organized into region or state,
-- regions and
states are organized as the
A principle to serve as basis in formulating
State fundamental principles has been laid down to the effect that "no
part of the territory of the
[Boundary Changes]
Esteemed Chairman,
In the chapter on the State Structure, there
are still basic principles that need to be laid down after detailed discussions
and suggestions on the following:
(1) how to proceed
if it becomes necessary to re-delineate the territorial boundary of the
(2) how to proceed
if there arises cause to re-delineate the boundary of a region or a state,
(3) how to proceed
if there arises need for changes in boundary, organization or name of village,
village-tract, ward, town and township within a region, state,
self-administered division, or self-administered zone.
So, delegates are to discuss and propose how
it should be done if it becomes necessary to deal with the said boundary
matters, with aims at the interests of the State. The National Convention
Convening Work Committee too would like to present proposals on the basis of
studies from all aspects.
Esteemed Chairman,
In proposing ways to proceed if it becomes
necessary to re-delineate boundaries in the interests of the State, it is
necessary to refer to some of the basic principles laid down in connection with
the legislature. So I will mention these principles as well. One principle is
that there will be Pyidaungsu Hluttaw consisting of two Hluttaws--one Hluttaw
with equal number of representatives elected from regions and states and the
other one elected on the basis of population. To lead these Hluttaws, there
will be leading personalities.
Esteemed Chairman,
If there arises need to re-delineate the
territorial boundaries of the Union, first of all the President of the State should
inform the head of Pyidaungsu Hluttaw to seek the wishes of the Pyidaungsu
Hluttaw on the matter of re-delineating the territorial boundary of the State.
Thereafter, for the purpose of re-delineating
the territorial boundary of the
(1) assenting votes
of more than half the total number of representatives included in the Hluttaw
with equal number of representatives elected from regions and states,
(2) assenting votes
of more than half the total number of representatives included in the Hluttaw
elected on the basis of population,
(3) assenting votes
of more than half the number of representatives from the region or state
involving the boundary concerned in the two Hluttaws.
The delegates are to discuss and propose
whether or not a basic principle should be laid down for the President of the
A way is also submitted for the delegates to
discuss and propose whether or not a basic principle should be laid down to
seek the attitude of the Pyidaungsu Hluttaw, if one of the Hluttaws or the
representatives from the region or state involving the boundary concerned in
the two Hluttaws return a negative decision, and for the President of the Union
to re-delineate the territorial boundary if it is supported by three-fourths
and upwards of the total number of representatives in Pyidaungsu Hluttaw.
Esteemed Chairman,
I will go on to submit how steps should be
taken if there arises cause to re-delineate the
boundary of a region or a state.
If there arises cause to re-delineate the
boundary of a region or a state, first of all the wishes of voters residing in
the area involved in the re-delineation of the boundary ought to be sought.
Without the supporting vote of more than half the total number of eligible
voters residing in that area, re-delineation of the boundary should not be effected at all. If more than half the total number of
eligible voters in that area vote in support of the re-delineation of the
boundary, then the wishes of the involved region or state Hluttaw
representatives are to be sought.
It is to be discussed and proposed whether or
not a basic principle should be laid down that, upon getting the supporting
vote of three fourths and upwards of the total number of involved region or
state Hluttaw representatives, and after getting the approval of the Pyidaungsu
Hluttaw, the President of the Union shall re-delineate the boundary of a region
or a state.
It is to be discussed and proposed whether or
not a basic principle should be laid down to seek the decision of the
Pyidaungsu Hluttaw if an involved region or state Hluttaw passes a decision
against re-delineation of boundary, and for the President of the Union to
re-delineate the boundary of the region or state if it is supported by three
fourths and upwards of the total number of representatives in the Pyidaungsu
Hluttaw.
Esteemed Chairman,
There is cause for possible changes in
boundary, organization or name of a village, village-tract, ward, town,
township and district in a region, state, self-administered division or
self-administered zone. It is to be proposed how to proceed if such an occasion
arises. These are just local affairs. So it is to be discussed and proposed
whether or not a basic principle should be laid down for the region or state
executive authority to submit its recommendation to the President of the
Esteemed Chairman,
It has been laid down as a basic principle
that if it is desired to change the name of a region or a state, it shall be
done so after seeking the wishes of citizens residing in that region or state
and enacting a law. So this principle is to be stated as it is under the
chapter heading "State Structure".
Further, it is to be discussed and proposed
whether or not a basic principle should be laid down also to proceed as above
if an occasion arises to change the name of a self-administered division or
self-administered zone.
[Status of Yangon & Special Areas]
Esteemed Chairman,
At the time of discussions by delegate groups
on principles to serve as basis in formulating State fundamental principles,
there was in one group a suggestion that a basic principle should be laid down
to keep the capital of the State as a separately administered area, without placing
it under the administration of any region or state. This suggestion should be
considered seriously now at the time of discussions on the State Structure. As
a basic principle has already been laid down that the State shall be
constituted with seven regions and seven states, it will be necessary to
include one among the basic principles under the chapter heading 'State
Structure' if the capital of the State is to be prescribed as separately
administered Union territory.
So, it is necessary to discuss the State
Capital under the chapter heading 'State Structure" although it is
originally scheduled to be discussed later under the chapter heading
"State Flag, Emblem, National Anthem and the State Capital'.
In international practice, the city where the
Central Government is based is designated as the State Capital and in some
nations it is under direct administration of the President or the Central
Government.
In Myanmar Naing-Ngan-Daw, too, if Yangon as
the seat of Central Government is to be designated as the State Capital, the
delegates are to discuss and propose whether or not to lay down a basic
principle to designate Yangon a Union territory under the administration of the
President of the Union and not under control of Yangon Region.
If Yangon is to be placed under direct
administration of the President of the Union, it will be necessary to discuss
and lay down basic principles in connection with legislative, executive and
judicial powers concerning Yangon under relevant chapters. Moreover, the
delegates are to discuss and propose whether or not to lay down a basic
principle to prescribe areas of special situation like Cocogyun
Township as Union territory under the direct administration of the President of
the Union. They are also to discuss and propose whether or not to prescribe
areas of special situation in connection with defence and security,
administration and economy of the whole Union as Union territories under direct
administration of the President, enacting laws if necessary in future.
[Head of State]
Esteemed Chairman,
I have clarified points that should be
discussed in detail in connection with the chapter 'The State' and the chapter
'The State Structure'. I will go on, to speak of the basic principles for the
chapter 'The Head of State' laid down by the plenary session of the National
Convention. They are --
(1) the head of
State is the President of the Union,
(2) the President of
the Union shall be elected by presidential electoral college.
Based on the principle that the Head of State
is the President of the Union, detailed discussions should be held to lay down
basic principles regarding the President's position, qualifications and
responsibilities, election by presidential electoral college, term of office,
impeachment, and so on.
As a basic principle has been laid down that
the President of the State shall be elected by a presidential electoral
college, it becomes necessary to discuss such matters as how to form a
presidential electoral college, who should be included in it, how to elect the
President of the Union and so on and lay down detailed principles involved in
the two said principles. So, I will continue to present some points which
should be taken into consideration in connection with the President of the
Union who is Head of State.
Esteemed Chairman,
In some nations, the president of the State
who is Head of State is just a honorary figure-head
but in others, the President of the State is also head of the executive.
According to the basic principles laid down
in connection with the head of State, the President of our nation will be one
who can exercise full executive power. So, the President of the Union is like
the nation's banner and must be a national leader on whom the people of the
nation can rely.
For thorough scrutiny and selection of a
person who will be taking up such an extremely important responsibility of the
State, qualifications necessary for the office have to be prescribed fully and
precisely.
So, in addition to prescribing a basic
principle that the Head of State is the President of the
-- the President of
the
-- the President of
the
-- the President of
the
[Qualifications of President]
I would like to suggest further suggestions
on qualifications the President of the
Moreover, the President of the
[Citizenship of President]
Esteemed Chairman,
It is found explicitly prescribed in the
Constitutions of most nations that the President of the State shall be a person
who was born in the country concerned of parents both of whom are citizens.
In the Constitution of the United States of
America, it is found prescribed that the one to serve as the President shall be
a person who was born of parents, both being American citizens, who has fully
attained the age of thirty-five years and who has been residing in the United
States of America for at least 14 years.
In the Constitution of the Philippines, it is
found prescribed that the one who wishes to stand for election as President
needs to be a citizen of the Philippines who was born of parents, both being
citizens of the Philippines.
In the Constitution of Indonesia, it is
prescribed that a prerequisite for the President of Indonesia is to be a
citizen of
Esteemed Chairman,
In the Constitution of some countries it is
prescribed explicitly that one must be born in the country to be eligible to
stand for election as President of that country.
In our country too, it is found that in
connection with the citizenship of the President of the Union, a basic
principle should be laid down that "the President of the Union must be a
citizen of Myanmar who was, and both of whose parents were, born in the
territory under the powers of the State, belonging to the nationality of
Myanmar."
In connection with the age limit for the
Presidency, it is found that the lowest age limit is prescribed as 35 in the
Constitution of Bangladesh, 45 in the Constitution of the People's Republic of
As the President of the Union should be a
person rich in political, administrative, economic and military experience in
our country, it is found that one elected the President of the Union should be
at least 45 years of age. So it is to be discussed and proposed whether or not
a basic principle should be laid down that the age of one elected the President
of the Union of our country must be at least fully 45 years old.
Furthermore, the President of the Union
should be a person who possesses qualifications prescribed specifically for the
office, in addition to the qualifications required to stand for election to the
Hluttaw.
Such requirements are prescribed in the
Constitutions of Bangladesh, People's Republic of China, India, Pakistan, the
Philippines and Sri Lanka.
It is provided under Section 49 Sub-section
(ii) of the 1947 Constitution of the Union of Myanmar: "No person shall be
eligible for election to the office of President unless he is qualified for
election to the Union Parliament."
So, we would like the delegates to discuss
and propose on the matter of stipulating a qualification that the President of
the State "shall possess specific qualifications required of the President
of the Union in addition to qualifications required to stand for election"
to the Hluttaw.
To go on, it is found prescribed in some of
the constitutions stipulating for how long a person must have been residing
continuously in the home country to be eligible for election to the Presidency.
As the President is
the national leader and the Head of State, a person who is to serve as one
needs to have continuous knowledge of the country's political, administrative,
economic, social and nationalities affairs, etc. Then only will he be effective
in providing leadership to the State.
So, a basic principle should be laid down
that the President of the Union shall be a person who has been residing continuously
in the country for at least 20 years up to the time of the election.
[Family of President]
Esteemed Chairman,
It may be recalled that, because of traitors,
Myanmar Naing-Ngan-Daw had fallen into servitude of the British colonialists
for more than 100 years and the people had had to suffer bitter experiences.
Moreover, after Independence too, because of traitors like that, conditions had
worsened almost to the point of losing Independence and sovereignty and the
country had had to be safeguarded by the Tatmadaw in time, such instances being
prominently visible. So, the President of the Union, who is to serve as the
Head of State and national leader, should especially be loyal to the State and
citizens. Moreover, in order that the people can have complete trust and
confidence, without so much as a doubt, in the President of the Union, not only
the President but also members of the President's family must necessarily be
ones loyal to the State and the citizens.
For a person to be qualified for election to
the office of the President of the Union, it is most necessary that the person,
spouse, children and their spouses do not owe allegiance to foreign power, must
not be subject or citizen of foreign power, must not be persons entitled to the
rights and privileges of a subject or citizen of a foreign power.
Esteemed Chairman,
As a safeguard against any external
intervention in the internal affairs of the State, it was prescribed in Section
74, Sub-section 1(i) of the 1947 Constitution that
any person who is under and acknowledgement of allegiance or adherence to a
foreign power, or is a subject or citizen or entitled to the rights and
privileges of a subject or a citizen of a foreign power shall be disqualified
for being chosen as and for being a member of either Chamber.
A similar provision is also found in Section
10, Sub-section (e) of the Pyithu Hluttaw Election enacted in 1989. So, a basic
principle should be laid down to stipulate as presented above as a
qualification in election of the President of the Union. If there are other
qualifications that should be added, they are to be discussed and proposed.
[Electoral College]
Esteemed Chairman,
Other than legislative and judiciary, the
rest are executive functions. A basic principle has been laid down that the
President of the Union, who will be undertaking heavy responsibilities as the
national leader of the State, the Head of State and the chief executive of the
State, shall be elected by presidential electoral college.
So, it is to be further discussed and proposed how to form the presidential electoral college and how it is to elect the President of
the
It is found from studies that presidential
electoral colleges are formed in conformity with the history, political
conditions and other situations of the nations concerned.
In the constitutions of the United States of
America, Indonesia, India and Pakistan-- among nations that practise
the system of electing the President by presidential electoral college--it is
found that electoral colleges suited to the conditions of the nations are
formed for election of presidents.
Esteemed Chairman,
We have to elect the President of the
Group (1) should be formed with elected
Hluttaw representatives in the Hluttaw with equal numbers of representatives
elected from regions and states; Group (2) should be formed with elected
Hluttaw representatives in Hluttaw elected on the basis of population; Group
(3) should be formed with Tatmadaw member Hluttaw representatives nominated as
such by the Commander-in-Chief of the Defence Services for the said two
Hluttaws.
[Three Vice Presidents as Candidates]
As the President of our
It will be necessary to lay down a basic
principle for enacting law necessary for electing the President of the
Basic principles should also be discussed,
proposed and laid down on such matters--after election of the President and
Vice-Presidents--as their terms of office, monthly allowances and insignias,
responsibilities, linkage with Pyidaungsu Hluttaw, impeachment etc.
[Terms]
Esteemed Chairman,
As there is the system of executive headed by
the president of the
Moreover, it should be considered whether or
not to stipulate that a person must not serve more than certain number of terms
in the office of the Presidency.
In connection with this, I would like to
present some provisions in the constitutions of some countries of the world.
In the People's Republic of
In
In
In
In
In the
In
In the
It is to be considered how to set the term of
office of the President suitable to our country. In order to catch up and keep
up with other countries in economy, administration, social progress etc, we
will have to make all-out endeavours. So it is to be discussed and proposed
whether or not a basic principle should be laid down that in order to take time
and carry out works of interest to the State and the citizenry, the term of
office of the President and the Vice-President should be prescribed as five
years, that the President and the Vice-Presidents carry on in office till the
time the new President and Vice-Presidents are duly elected, after expiry of
incumbent terms, and that there shall be no right to serve in the office of the
President for more than two terms.
Moreover, it should be discussed and proposed
whether or not a basic principle should be laid down that if for some reason
the post of President or Vice-President becomes vacant, and some one is elected
to fill the vacancy, the term of office of that person shall be only up to the
end of the original term of office.
[Presidential Incompatibilities]
Esteemed Chairman,
I have earlier presented matters concerning
election of President and Vice-Presidents with the electoral
college electing qualified ones from among Hluttaw representatives or
from among others who are not Hluttaw representatives. In case a Hluttaw
representative is elected President or Vice-President there arises
a matter for consideration. In laying down basic principles for the drafting of
the Constitution, the Convention has laid down the principle for separate
exercise of legislative, executive and judicial powers. So, if the electoral
college elects Hluttaw representative as President or Vice-President and if the
elected person is going to serve as President or Vice-President as well as
Hluttaw representative concurrently at the same time it will not be in accord
withy the principle of separation of the three powers. Moreover, as the
President and Vice-Presidents are national leaders, they should during their
terms of office strive for national politics, instead of party politics, so if
they are members of a political party, it necessary for them not to participate
in respective party activities.
It is found prescribed in 1947 Constitution
Section 47 Sub-section (1) that the President shall not be a member of either
Chamber of Parliament and in Sub-section (2) that if a member of either Chamber
of Parliament be elected President, he shall be deemed to have vacated his seat
in that chamber. So, we would like the delegates to discuss and propose whether
or not basic principles should be laid down as follows:
-- the President and
Vice-President shall not be representatives of any Hluttaw,
-- if a Hluttaw representative be elected
President or Vice-President, this person shall be deemed to have resigned from
his seat in the Hluttaw, and if a service personnel be elected President or
Vice-President, the person shall be deemed to have retired from the date of
such election,
-- if a person elected President or
Vice-President happens to be member of a political party, this person shall not
participate in party activities of that party organization, from the date of
such election, during the term of office.
Esteemed Chairman,
The President or Vice-Presidents have to take
oaths of office before they assume their responsibilities. Our President and
Vice-Presidents too should assume their responsibilities of office only after
taking oaths of office before the Pyidaungsu Hluttaw representatives. As to how
they should take the oaths of office is usually prescribed in the
Constitutions. So it is to be discussed and proposed as to how they should take
oaths of office.
The President of the
Esteemed Chairman,
The President of the
The President of the
Responsibilities and rights of the President
of the
[Impeachment]
Esteemed Chairman,
So far I have presented points for the
delegates to discuss and give suggestions to lay down basic principles for
election of the President of the
Legislative, executive and judicial powers
are to be exercised separately as required by the principle of separation of
powers but there must be check and balance among these. The President of the
In the Constitution of the
In the Constitution of Bangladesh, it is
provided that to impeach the President for violation of the Constitution or for
gross misconduct no less than two-thirds of the Members of Parliament are to
sign it and send it to the Speaker of the House.
It is also provided in the Constitution of
Egypt that to impeach the President if he commits treason or any crimes at
least one third of the Members of Parliament are to table a motion and if it is
not confirmed by two-thirds of the Members of Parliament, the motion is not
passed.
Here, in our country too, we would like the
esteemed delegates to discuss and propose whether or not a basic principle
should be laid down for impeachment of the President or a Vice-President for
any of the following--
1. Treason,
2. Violation of the State Constitution,
3. Misconduct.
It should also be considered how to proceed
if it becomes necessary to impeach the President or a Vice-President.
If there arises
cause to impeach the President or a Vice-President for all or any of the said
three offences, a proposal in writing signed by not less that one fourth the
total membership of any of the two Hluttaws included in the Pyidaungsu Hluttaw
is to be submitted to the leader of that Hluttaw.
Only when supported by not less than
two-thirds of the total membership of the Hluttaw concerned, further action is
to be taken. When a charge has been preferred by one Hluttaw, the other Hluttaw
shall investigate the charge or cause the charge to be investigated by a body.
The President or Vice-President should have
the right to appear and to be represented at the investigation of the charge
and be given chance to refute it.
If, as a result of the investigation, a
resolution be passed, supported by not less than two-thirds of the total
membership of the Hluttaw by which the charge was investigated or caused to be
investigated, declaring that the charge has been sustained and that the
offence, the subject of the charge, was such as to render the President or
Vice-President unfit to continue in office, that Hluttaw should submit it to
the leader of the Pyidaungsu Hluttaw to remove the President or Vice-President
from office.
Immediately thereupon, the leader of the
Pyidaungsu Hluttaw should proceed to proclaim removal of the President or
Vice-President from office.
It is to be discussed and proposed whether or
not a basic principle should be laid down to proceed that way.
Esteemed Chairman,
The President or the Vice-Presidents are
national leaders as well as leaders of the
So, it is to be discussed and proposed
whether or not a basic principle should be laid down that during their terms of
office there shall be no prosecution against the President or the
Vice-Presidents other than impeachment in accord with provisions of the
Constitution.
[Vacancy in Presidency]
Esteemed Chairman,
The President or Vice-President should have
the right to resign from office of their own volition before the expiry of the
term of office.
A basic principle should be laid down on how
to proceed if the post of the President falls vacant due to his resignation,
death, inability to discharge the powers and duties of the office or any other
cause.
In such a case, it will be necessary for one
of the two Vice-Presidents who has won second highest
votes in the presidential election to serve as Acting President so as not to
have interruption in the presidential activities.
If such a matter comes up, it becomes
necessary to elect a new President. If the vacancy comes about while Pyidaungsu
Hluttaw is in session, the Acting President should promptly inform the leader
of Pyidaungsu Hluttaw for filling it within seven days.
On receipt of the intimation, the leader of
Pyidaungsu Hluttaw should move for electing of a Vice-President by the electoral college which had elected the Vice-President who
later got elected President but has now vacated the Presidency.
After election of a new Vice-President there
will be altogether three Vice-Presidents out which one is to be elected to the
office of President in accord with the wishes of the representatives of the
Pyidaungsu Hluttaw.
If the vacancy comes about at a time when the
Pyidaungsu Hluttaw is not in session, the leader of Pyidaungsu Hluttaw should
summon a Hluttaw session within 21 days from the date of receipt of the
intimation from the Acting President, and carry on for filling the vacant
Presidency in the way just explained.
So, it is to be discussed and proposed as
necessary for laying down a basic principle for holding election to a vacant
Presidency.
[Vacancy in Vice-Presidency]
Esteemed Chairman,
Continuing, I would like to present for
consideration what should be done when the post of a Vice-President falls
vacant. If the post of a Vice-President falls vacant due to resignation, death,
removal from office, permanent disability or due to any other cause while
Pyidaungsu Hluttaw is in session, the electoral college
which has elected that Vice-President should promptly inform the leader of the
Pyidaungsu Hluttaw for filling the vacancy within seven days.
If such a vacancy comes about when Pyidaungsu
Hluttaw is not in session, the leader of Pyidaungsu Hluttaw should summon
Hluttaw session within 21 days from receipt of the intimation for the electoral college concerned to elect a new Vice-President.
It is to be discussed and proposed whether or
not a basic principle should be laid down for filling the vacancy of a
Vice-President.
Esteemed Chairman and delegates to the
National Convention,
I have only presented some basic principles
in connection with the chapters on 'The State', 'State Structure' and 'Head of
State' for your consideration, discussion and proposals. The delegates are to
put forward proposals and suggestions on the principles in their relevant
chapters. I have in brief explained points from the studies of the National
Convention Convening Work Committee in connection with the three chapters for
wider scope for consideration. If there are proposals for further additions as
appropriate they are to be discussed and proposed in accord with the six
objectives of the National Convention, the basic principles already laid down
and the National Convention convening procedures. The delegate groups, after
studying matters I have explained, are to begin group discussion on the 21st
and submit proposal papers compiled chapterwise on
the chapters 'The State', 'State Structure' and 'Head of State' to the National
Convention Convening Work Committee in conformity with the National Convention
convening procedures. With this request, I conclude.
(NLM 1/19)
National Convention Proceedings
Jan. 21: Eight groups of National Convention
Delegates Groups met at Kyaikkasan Grounds, to
discuss "matters in connection with the chapters on 'The State', 'State
Structure' and 'Head of State' [NLD lists principal speakers but nothing on the
substance of the discussions]: Nationalities: proposal papers are to be
submitted to the Panel of Chairmen on Jan. 26. Peasants: discussions will
continue Jan. 31. Workers: delegates will submit proposal papers on Jan. 25 and
discussions will continue Jan. 26. Intelligentsia and Intellectuals: delegates
will submit proposal papers to the panel of chairmen on Jan. 26 and discussions
will continue Jan. 27. State Service Personnel: met. Other Invited Persons:
proposal papers were submitted. Political Parties: different parties suggested
different dates for reception of proposal papers. National League for Democracy
(NLD), Shan Nationalities League for Democracy (SNLD), Union Pa-Oh National
Organization (UPN), Mro or Khami
National Solidarity Organization (MKNSO), and Kokang
Democracy and Unity Party (KDUP) suggested Jan. 31; National Unity Party (NUP)
suggested Feb. 1; Shan State Kokang Democratic Party
(SSKDP) suggested Feb. 2; Wa National Development Party (WNDP) suggested Feb.
3; Lahu National Development Party (LNDP) and Union Kayin League (UKL) suggested Feb. 5. Representatives-elect:
papers will be proposed Jan. 26 and discussion will continue Jan. 28. (NLM
1/22)
Jan. 26: Workers: met and heard ten papers;
others were requested by Feb. 11. (NLM 1/27)
Jan. 27: Four groups--Nationalities, Workers,
Other Invited Persons, and Representatives-elect, met. In the evening there was
entertainment for delegates. (NLM 1/28)
Jan. 28: The National Convention Convening
Work Committee met, chaired by Chief Justice U Aung Toe. Two groups met.
Intelligentsia and Intellectuals: heard proposal papers and will continue Feb.
4. Representatives-elect: heard two proposal papers; further papers will be
heard on Feb. 2, 8, 10, and 11. (NLM 1/29)