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 Union, there are many national races living closely together. We find that with their further awakening and development, the national races have a growing desire to administer affairs in their areas by themselves. So, we all must, with magnanimity, help all round for the national races that conform to the prescribed basic principles to get due standard of self-administration.

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 Union. It is necessary for the Union's constituent Regions and States to keep the Union steadfast and build it as a fine, grand, modernised, advanced and strong nation amidst many nations of the world. It is specially necessary for all of them to be constituent parts serving, and in no way harming, the interests of the Union.

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 Union.

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 Union;

-- 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 16 September 1993 how to carry on with the work in connection with these principles so laid down. It has been explained it will proceed as follows:

-- 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 7 June 1993, while explaining matters in connection with the laying down of State fundamental principles, I expressed the wish for the delegates to deal only with the main points and leave the details for future discussions on respective chapter headings.

Where relevant, I would like to speak of some points we have learnt from the constitutions of Myanmar and other countries so the delegates could ponder from all aspects in detailed discussions under respective chapter headings and get ideas and views that are in agreement with Myanmar's natural geographical conditions, history and prevailing political, economic, social, cultural and other situations.

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 (Union) system;

(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 Union, namely regions, states and self-administered areas etc. shall ever secede from the Union.

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 --

-- Kachin State

-- Kayah State

-- Kayin State

-- Chin State

-- Sagaing Region

-- Tanintharyi Region

-- Bago Region

-- Magway Region

-- Mandalay Region

-- Mon State

-- Rakhine State

-- Yangon Region

-- Shan State

-- 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 Union.

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 Union.

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 Union, namely regions, states and self-administered areas etc. shall ever secede from the Union". This principle is to be included in chapter heading of 'The State Structure'.

[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 Union,

(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 Union, the Pyidaungsu Hluttaw should seek the wishes of Hluttaw representatives as follows:

(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 Union to re-delineate the territorial boundary of the Union if the assenting votes are obtained in accord with the ways so prescribed.

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 Union if occasion arises to make such changes in boundary, organization or name, and for the President of the Union to act as necessary.

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 Union, it is to be discussed and proposed for laying down the following as basic principles --

-- the President of the Union represents the nation;

-- the President of the Union is the national leader of the citizenry;

-- the President of the Union occupies a position of highest honour in the whole of the Union of Myanmar.

[Qualifications of President]

I would like to suggest further suggestions on qualifications the President of the Union should possess. It is necessary for the President of the Union, as the national leader of the State, to be a person who can achieve brilliantly in striving for non-disintegration of the Union, non-disintegration of national solidarity, perpetuation of sovereignty and progress and prosperity of the nation; and for that it is necessary for the President to be a person who can skilfully, effectively and resolutely manage affairs of the State, political, administrative, economic, military, etc. So, a basic principle should be laid down to prescribe these as qualifications a President should possess.

Moreover, the President of the Union, as one to lead the State, needs to be loyal to the State and the citizenry. so, a basic principle should be laid down to include a necessary qualification that the President of the Union shall be a person who is loyal to the State and the citizenry.

[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 Indonesia born of parents both of whom are Indonesian nationals.

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 China, 40 in the Constitution of Egypt, 35 in the Constitution of India, and 45 in the Constitution of Pakistan.

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 Union.

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 Union in conformity with our country's history, political conditions and in accord with the six objectives of the National Convention. In doing so, it is found that, without separately electing the presidential electoral college, all representatives in the Pyidaungsu Hluttaw should be designated as members of the presidential electoral college and organized into three groups.

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 Union is a national leader and head of executive of the State, the responsibility of the President is extremely great. Whatever the system, in quite a number of countries, there are elected second executive heads to assist persons serving as head of executive of the State. In our country too, it is necessary to elect Vice-Presidents to assist the President of the Union that is the head of executive of the Union. So, each of the three groups of the presidential electoral college is to elect a Vice-President from among Hluttaw representatives or from among persons who are not Hluttaw representatives. The Vice-Presidents will be candidates for the Presidency as well. Whether or not these Vice-Presidents possess the qualifications prescribed for the President of the Union should be scrutinized by a body that includes the leaders and the deputy leaders of the Pyidaungsu Hluttaw and the two Hluttaws. Then all members of the presidential electoral college, that is, all Pyidaungsu Hluttaw representatives are to elect by vote any Vice-President of choice as the President of the Union. Delegates are to propose whether or not to practise the system of electing the highest number of votes as the President of the Union. If this system is practised, there will be a President and two Vice-Presidents in our country and they will be able to carry out their responsibilities well.

It will be necessary to lay down a basic principle for enacting law necessary for electing the President of the Union.

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 Union with full powers to be practised in our country, it is necessary to prescribe appropriate terms of office for the President and Vice-Presidents to carry on with their responsibilities and functions without any letup in momentum.

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 China, the President has a five-year term and shall not serve more than two consecutive terms.

In Egypt, the President has a six-year term and there is no limit to re-election.

In Indonesia, the President has a five-year term and there is no limit to re-election.

In India, the President has a five-year term and there is no limit to re-election.

In Pakistan, the President has a five-year term and shall not serve more than two consecutive terms.

In the Philippines, the President has a six-year term and has no right to re-election.

In Sri Lanka, the President has a six-year term and shall not be elected for more than two times.

In the United States of America, the President has a four-year term and shall not be elected for more than two terms.

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 Union and Vice-Presidents being persons who have to undertake great responsibilities of the State, wield great influence. Measures should be taken to prevent other organizations from offering office or position of emolument to make use of their influences. So, we would like the delegates to discuss and propose whether or not a basic principle should be laid down for the President of the Union and Vice-Presidents not to accept any other office or position of emolument.

Esteemed Chairman,

The President of the Union, being the Head of State having the right to exercise full authority, and the Vice-Presidents having to undertake great responsibilities in the State, are to win confidence and trust of the public. The delegates are asked to discuss and propose whether or not a basic principle should be laid down requiring the President of the Union and the Vice-Presidents to furnish lists of assets namely family owned land, houses, buildings, businesses, savings and other valuables--stating their values--belonging to the respective families led by them and send them to the leader of the Pyidaungsu Hluttaw, so that the public will not entertain any doubt about the President of the Union and the Vice Presidents.

The President of the Union and the Vice-Presidents should each be entitled to enjoy the emolument and insignia of office, in accord with law. Moreover, each of them should be entitled to have a suitable residence. So, we would like the delegates to discuss and propose whether or not a basic principle should be laid down to extend in accord with law emoluments and insignia of position and suitable residences for the President and the Vice-Presidents.

Responsibilities and rights of the President of the Union or the Vice-Presidents will duly be included in the chapters concerned of the State Constitution and other laws. So, a basic principle should be laid down requiring the President of the Union and the Vice-Presidents to exercise responsibilities and rights assigned and vested by the Constitution and other laws.

[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 Union and the Vice-Presidents and for some of the responsibilities to be undertaken by them.

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 Union who is the head of executive and the Vice-Presidents are to conduct themselves compatibly with their positions and responsibilities. Basic principles should be discussed, proposed and laid down for impeachment of the President of the Union or the Vice-Presidents in case of any violation.

In the Constitution of the United States of America, it is provided that there is right to impeach the President or Vice-President for treason, bribery, or other high crimes and misdemeanors.

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 Union. So, during their tenure, they should be given protection against being prosecuted on a charge filed in a way other than in accord with provisions of the Constitution. Only then will they be in a position to execute their functions boldly.

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)